The offense of identity theft was established by section 29 USC 1028(a)(7). That section provides that a person is guilty of identity theft if he uses the identifying information of another in connection with any federal crime or any state or local felony. Thus, the federal crime of identity theft requires a predicate offense. This is to say that a person can only be charged with identity theft if he first commits another crime, and while doing so, he also commits identity theft.
The Mueller Investigation