Last Thursday, Spectrum police officers investigated fraudulent purchases at Lululemon, Sephora, and a neighboring Target, according to the Irvine Police Department.
The suspect bought about $2,400 worth of gift cards using someone else’s Apple Pay information.
Yesterday, the Spectrum officers found the suspect in the city of Mission Viejo and arrested her.
Yan Yu, 37, of Baldwin Park, was booked at the Orange County Jail for identity theft.
Crime tip: turn on transaction alerts so you are notified instantly. If something looks off, call your credit card company and freeze the account right away.
Legal Penalties Faced by the Suspect
In California, identity theft (Penal Code 530.5 PC) is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony depending on the suspect’s criminal history and the specific facts of the case.
Based on the details of the investigation involving Yan Yu, the potential penalties include:
Potential Penalties for Identity Theft
- Felony Charge: If prosecuted as a felony, the suspect could face:
- Up to three years in county jail.
- A fine of up to $10,000.
- Formal probation.
- Misdemeanor Charge: If prosecuted as a misdemeanor, the penalties include:
- Up to one year in county jail.
- A maximum fine of $1,000.
- Summary (informal) probation.
Additional Legal Considerations
- Grand Theft: Because the value of the fraudulent purchases ($2,400) exceeds $950, the suspect may also face Grand Theft charges (Penal Code 487 PC). This is also a wobbler, with a felony conviction carrying up to three years in jail.
- Multiple Counts: Each separate use of someone else’s personal information can be charged as a distinct violation, potentially increasing the total sentence.
- Restitution: Upon conviction, the court will likely order the suspect to pay victim restitution to compensate for the financial losses incurred.