Identity Crimes BPOC TCOLE

The 1998 Identity Theft and Assumption Deterrence Act.

"knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity

Credit Card or Debit Card Abuse

-With intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that: A) The card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder B) The card has expired or has been revoked or cancelled with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card, that he knows has been obtained in violation of this section. -He steals a credit card or debit card or, with knowledge that it has been stolen. -He buys a credit card or debit card from a person who he knows is not the issuer, not being the issuer he sells a credit card or debit card. -Two or more incomplete credit cards or debit cards that have not been issued to him -State Jail Felony; OR -FELONY 3 if elderly victim

The FBI only investigates losses over _________

100,000 dollars

What is a security alert?

A notice placed on a conniver file that lets a recipient know their identity may have been used without their consent

Fraudulent Use or Possession of Identifying Information

A person commits an offense if the person, with intent to harm or defraud another, obtains, possesses, transfers, uses: identifying information without other person's consent information concerning a deceased natural person that would be identifying information of that person if they were alive. Presumed intent to harm if possessing ID of three or more other persons, information concerning three or more, and information concerning three or more persons or deceased persons State Jail Felony: number of items is less than five third degree: five or more but less than ten second: 10 or more but less than 50 first: number of items obtained, possessed, is more than 50 court may order offender to compensate the victim for lost income

Fraudulent Use or Possession of Credit Card or Debit Card Information.

A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses: a counterfeit credit card or debit card; the number and expiration date of a credit card or debit card without the consent of the account holder; or the data stored on the digital imprint An offense under this section is: a state jail felony if the number of items obtained, possessed, transferred, or used is less than five; a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10; a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.

Financial Institutions (e.g., banks, credit card companies, and financial advisors).

Advise victims to contact their financial institutions to report any suspicions of identity crime. The financial institution can check to see if there has been any unusual activity. Victims should establish strong passwords for their accounts.

What are some sources that can give criminals step-by-step instructions on techniques for producing false documents?

Bookstores, internet retailers, publications

This happens when identity thieves get information from the workplace

Business record theft

Difference Credit Card Abuse and Fraudulent

Credit Card Abuse means using the actual card Fraudulent is using an expired card or using info to make a new one.

Some of the current trends associated with identity theft involve the usage of _________ _____________.

Current technologies

What governmental and business entities are notified in the event of identity crimes?

FBI, US secret service, postal service, social security administration, federal trade commission, TXDPS, consumer credit reporting agencies, financial institutions and utility companies.

Identify the governmental and business entities that are notified in identity crimes.

Federal Bureau of Investigation (FBI). Notify if an identity crime is used to commit a bank fraud, governmental fraud or in furtherance of an investment scheme, insurance fraud, etc. involving losses over $100,000. U. S. Secret Service (USSS). Notify if there is any custody arrest of individuals associated with identity crime or identity takeover. This would involve the seizure or recovery of any amount of identity crime devices/equipment/products such as skimmers (small electronic devices that can gather information, such as your name, address, credit limit, and PIN from your credit card); counterfeit identification documents; counterfeit credit cards; or lists of personal identifiers (e.g., names, Social Security numbers, dates of birth, bank account numbers, and credit card numbers). U. S. Postal Service (USPS). Notify if an individual is taken into custody for committing a financial crime involving the U.S. mail. Postal inspectors will respond to violations relating to identity crime, forgery, credit cards and checks, mail theft, mail fraud, and internet fraud (when the scheme involves use of the U.S. mail). Social Security Administration (SSA). Notify if the misuse of a Social Security number involved Social Security program fraud, or if there is either a significant financial loss to an individual or institution, or a significant number of counterfeit Social Security cards are seized. Federal Trade Commission (FTC). Have identity crime victims file a report with the Federal Trade Commission. The FTC has overhauled the process for helping victims of identity theft. Individuals can report identity theft and get a recovery plan. This plan includes the forms, affidavits, and letters needed to help guide individuals through the recovery process. Texas Department of Public Safety (TxDPS). This agency is responsible for the issuance of State driver's licenses and identification cards. It is also responsible for the storage and expunction of criminal records. Contact the Texas Department of Public Safety at (512) 424-2000 and online as www.txdps.state.tx.us/contact.htm.

When someone poses as your landlord to receive credit information what are they doing?

Fraudulently obtaining your credit report

What is shoulder surfing?

Looking over someone's shoulder to retrieve any personal information

What are some type of crimes associated with identity crimes?

Mail theft, mail fraud, organized crime, drugs, homicide, terrorism, Robbery

What is included with personal identifiers?

Name, DOB, SSN, address, phone #, DL #, passport #, mothers maiden name

Requesting a Security Freeze

On written request sent by certified mail that includes proper identification provided by a consumer, a consumer reporting agency shall place a security freeze on a consumer's consumer file not later than the fifth business day after the date the agency receives the request. A consumer reporting agency shall, not later than the 10th business day after the date the agency receives the request for a security freeze: send a written confirmation of the security freeze to the consumer; and provide the consumer with a unique personal identification number or password to be used by the consumer to authorize a removal or temporary lifting of the security freeze under Section 20.037.

What are some things included in financial identifiers?

PIN #'s, credit card numbers

Mail theft

Person commits an offense if he appropriates mail from another person's mailbox or premises without consent of the addressee with the intent to deprive the addressee of the mail. Class A misdemeanor if the mail is appropriated from fewer than 10 addressees; State jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or a felony of the third degree if the mail is appropriated from 30 or more addressees.

Requesting a Security Alert

Place a security alert on the consumer's consumer file not later than 24 hours after the date the agency receives the request. The security alert must remain in effect for not less than 45 days after the date the agency places the security alert on the file.

What are some examples of seemingly unrelated crimes that can lead to identity crimes?

Purse snatching or mugging, dumpster diving

Identify the current trends associated with identity crimes.

Some of the current trends associated with identity theft involve the use of current technologies. This provides a unique challenge for consumers and law enforcement by testing their ability to keep up with technological advances and changes. Some of the more recent scams involve stealing information by listening in on conversations made on cellular phones, surreptitiously reading other people's emails, hacking into computers, conducting telephone and email scams, and taking advantage of careless consumers' online shopping and banking.

Many criminals who want to obtain personal date from people online use what technique?

Spoofing

According to the FTC, special forms of identity theft also include:

Tax identity theft Child identity theft Medical identity theft

Consumer Credit Reporting Agencies.

Tell victims to have a "fraud alert" placed on their credit reports. The fraud alert will show up on their credit report when companies make inquiries about their credit and may stop additional fraud.

4TH

Texas ranks _____ in the nation in the number of instances of identity crimes reported to the FTC.

The 2004 Identity Theft Penalty Enhancement Act.

The act established penalties for "aggravated" identity theft

Define identity crime:

The theft or misuse of personal or financial identifiers in order to gain something of value and/or facilitate other criminal activity.

Identity Theft

Theft of personal info to commit fraud. The fraudulent acquisition and use of a person's private identifying information, usually for financial gain.

Law enforcement agencies should be proactive in their approach to educating the public about identity crimes.

True

List information needed for an identity crime offense report.

Type of incident that occurred Organized Crime Determine where evidence may be found Develop theory how this occurred Determine what financial institutions should be contacted Bank/Card Statements, letters from creditors, account statements Credit reports

What are some common things someone could steal that would lead to an identity crime?

Wallet, purse, briefcase, mail, tax information

Describe the meaning of the terms identifying information and telecommunication access device.

name and date of birth unique biometric data, including the person's fingerprint, voice print, or retina or iris image unique electronic identification number, address, routing code, or financial institution account number telecommunication identifying information or access device; and social security number or other government-issued identification number.

What are the list of steps to take if in the event an identity crime occurs?

notify the police notify creditors and merchants notify your banks and financial institutions check your credit check with the social security administration

The 2008 Identity Theft Enforcement and Restitution Act.

o make it clear that restitution orders for identity theft cases may include an amount equal to the value of the victim's time spent remediating the actual or intended harm

What are the types of identity crimes?

theft, credit card/access device fraud, check fraud, bank fraud, false ID fraud, and passport/visa fraud