Commonwealth v. EscobarAnnotate this Case
The phrase “anything of value” as it appears in Mass. Gen. Laws ch. 266, 37E(b), the statute criminalizing identity fraud, does not include avoiding criminal prosecution.
Defendant pleaded guilty to identity fraud in connection with providing a false name to a police officer during a traffic stop. Defendant filed a motion to withdraw her guilty plea, arguing that there were insufficient facts to establish that she attempted to receive, or received, anything of value within the meaning of section 37E(b). The judge denied the motion. The Supreme Judicial Court reversed, holding that the Commonwealth failed to establish that Defendant attempted to obtain something of value pursuant to the statute because the evasion of criminal prosecution is not something of value within the meaning of the statute.