Gheorghiu v. Commonwealth

Summary

The Supreme Court of Virginia held that venue was improper in Arlington County for the defendant's identity theft and credit card fraud convictions because the Commonwealth did not establish that any part of those offenses occurred there. The court rejected the theory that identity theft continues while the defendant retains identifying information and held that possession of a credit card number after completion of credit card fraud could not constitute an act in furtherance of that crime. The court affirmed the credit card theft convictions because the venue objection was not preserved for appeal, and reversed and vacated the identity theft and credit card fraud convictions at issue.

Holdings

1. Identity theft is complete when the defendant obtains, records, or accesses identifying information without permission and with intent to defraud; continued possession of the information is not a continuing element of the offense and does not itself establish venue.
2. Possession of Kent's credit-card number in Arlington County after the number had already been used to commit the charged fraud in Fairfax was not an act in furtherance of the completed offense and did not establish venue in Arlington County.
3. The court would not excuse Gheorghiu's failure to object to venue at trial because he showed neither good cause nor that review was necessary to attain the ends of justice.

Questions Presented

1. Whether Arlington County was a proper venue for prosecuting the identity-theft charge involving Iris Keltz's identifying information.
2. Whether Arlington County was a proper venue for prosecuting the credit-card-fraud charge involving Gerald Kent's credit-card number.
3. Whether the Supreme Court should review the unpreserved venue challenge to the 36 credit-card-theft convictions under the good-cause or ends-of-justice exceptions in Rule 5:25.

Disposition

reversed_and_remanded