ID Theft

SJF- Less than 5

(1) a SJF if the number of items obtained, possessed, transferred, or used is _______;

3F- used is 5 or more but less than 10

(2) a 3F if the number of items obtained, possessed, transferred, or ______________.

2F- used is 10 or more but less than 50;

(3) a 2F if the number of items obtained, possessed, transferred, or ______

1F- used is 50 or more.

(4) a 1F if the number of items obtained, possessed, transferred, or _______

may

(a) A person who is entitled to expunction of information contained in records and files under Article 55.01(d) ______ file an application for expunction with the attorney representing the state in the prosecution of felonies in the county in which the person resides.

verified

(a) The application must be_______, include authenticated fingerprint records of the applicant, and include the following or an explanation for why one or more of the following is not included: (1) the applicant's full name, sex, race, date of birth, driver's license number, Social Security number, and address at the time of the applicable arrest; (2) the following information regarding the arrest: (A) the date of arrest; (B) the offense charged against the person arrested; (C) the name of the county or municipality in which the arrest occurred; and (D) the name of the arresting agency; and (3) a statement, as appropriate, that the applicant: (A) was arrested solely as a result of identifying information that was inaccurate due to a clerical error; or (B) is not the person arrested and for whom the arrest records and files were created and did not give the arrested person consent to falsely identify himself or herself as the applicant.

negligently or recklessly

(b) A person commits an offense if the person _________ or _________ disposes of a skimmer that was installed on the unattended payment terminal of a motor fuel dispenser by another person. An offense under this subsection is a Class B misdemeanor.

knowing

(b) A person commits an offense if, _______that an investigation is ongoing or that a criminal proceeding has been commenced and is pending, the person disposes of a skimmer that was installed on the unattended payment terminal of a motor fuel dispenser by another person. An offense under this subsection is a felony of the third degree.

TX.PC: 32.51. Fraudulent Use or Possession of Identifying Information.

A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of: (1) identifying information of another person w/o the other person's consent or effective consent; (2) information concerning a deceased natural person, including a stillborn infant or fetus, that would be identifying information of that person were that person alive, if the item of information is obtained, possessed, transferred, or used without legal authorization; or (3) identifying information of a child younger than 18 years of age.

PC: 32.315. 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: (1) a counterfeit credit card or debit card; (2) the number and expiration date of a credit card or debit card without the consent of the account holder; or (3) the data stored on the digital imprint of a credit card or debit card without the consent of the account holder.

step-by-step instructions

A wide variety of sources, including bookstores and internet retailers, provide publications that give criminals __________ on techniques for producing false documents.

Active Duty Alerts

According to the FTC, an active-duty alert adds an extra layer of protection to the credit records of servicemembers while they are deployed.

Code of Criminal Procedure. Art. 13.29. Fraudulent Use or Possession of Identifying Information.

An offense under Section 32.51, Penal Code, may be prosecuted in any county in which the offense was committed or in the county of residence for the person whose identifying information was fraudulently obtained, possessed, transferred, or used.

shall

At the end of a 45-day security alert, or by request in writing or by telephone and with proper identification provided by the consumer, the agency ________ provide the consumer with a copy of the consumer's file.

educate

Current techniques used to ______ the public about other crimes can be used to facilitate information on identity crimes.

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 go to https://www.identitytheft.gov/ to 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.

identity crime report.

Have the victim fill out an _________. o understand the type of incident that occurred, o organize the investigative case, o determine where evidence might be found, o develop a theory of how the identity theft occurred, and o determine what financial institutions should be contacted during the investigation.

unrelated crimes

Identity crimes can begin with other seemingly __________ such as robbery, theft, burglary of a motor vehicle, computer intrusion, mail theft, theft of trash ("dumpster diving"), or theft of documents or information from businesses, medical facilities, or hotels, etc.

your home

Identity thieves can find personal information in _______.

business record theft

Identity thieves can get information from the workplace, in a practice known as _______ by stealing files out of offices where you are a customer, employee, patient, or student, by bribing an employee who has access to your files, or by "hacking" into electronic files.

landlord, employer

Identity thieves may fraudulently obtain your credit report by posing as a _____ ______, or someone else who may have a legitimate need for (and legal right to) the information.

the internet

Identity thieves may obtain personal information that you share on ______.

Dumpster diving

Identity thieves may rummage through your trash or the trash of businesses to find personal data

4

In 2019, Texas was _____ on the state rank

Types of crimes ass. w/ identity crimes

In many instances an identity crime is used as a facilitator, through financing or anonymity, to commit other criminal activities such as mail theft, mail fraud, narcotics/drugs, organized crime, financial fraud (money laundering), mortgage fraud, weapons trafficking, homicide, terrorism, wire fraud, or computer crime/internet intrusions.

internet

Law enforcement agencies can make use of the vast amount of information already available on the _______ to guide the public and victims of identity crimes.

proactive

Law enforcement agencies should be_____ in their approach to educating the public about identity crime.

Spoofing

Many criminals who want to obtain personal data from people online use a technique known as _______: creating emails & websites that appear to belong to legitimate businesses such as established retail companies, financial institutions, and online auctions sites

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. 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.

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).

Requesting a security alert

On a request in writing or by telephone and with proper identification provided by a consumer, a consumer reporting agency shall place a security alert on the consumer's consumer file not later than 24 hours after the date the agency receives the request.

May

Other state and local agencies ____ provide additional assistance with investigating identity crimes.

shoulder surfing

Some ID thieves also engage in ______- looking over your shoulder or from a nearby location as you enter your personal identification number (PIN) at an automated teller machine (ATM). This practice has gone high-tech, w/ some thieves utilizing hidden "spy cameras" positioned near ATMs to observe or record people as they enter their PINs.

current technologies

Some of the current trends associated with identity theft involve the use of _______

listening

Some of the more recent scams involve stealing information by ________ in on conversations made on cellular phones, surreptitiously reading other people's emails, hacking into computers, conducting telephone.

community policing

Some of these techniques may include public service announcements (PSAs) and _________

· Tax identity theft · Child identity theft · Medical identity theft

Special forms of identity theft also include:

written report

Taking a _______ is vital to the victim(s) because credit bureaus require a police report to block fraudulent information and to begin repairing the victim's credit reports. In addition, many financial institutions require a police report with an affidavit of fraud.

The 1998 Identity Theft and Assumption Deterrence Act

The act amended Title 18, U.S. Code, Section 1028 made it a federal crime to "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 that constitutes a violation of federal law, or that constitutes a felony under any applicable state or local law."

2004 Identity Theft Penalty Enhancement Act

The act established penalties for "aggravated" identity theft, which is using the identity of another person to commit felony crimes, including immigration violations, theft of another's Social Security benefits, and acts of domestic terrorism. The act required the court to sentence two additional years for a general offense and five years for a terrorism offense.

must

The security alert ____ remain in effect for not less than 45 days after the date the agency places the security alert on the file.

no limit

There is ______ on the number of security alerts a consumer may request.

2008 Identity Theft Enforcement & Restitution Act

This act amended Title 18 U.S. Code, Section 3663(b) to 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 of the identity theft or aggravated identity theft. The new law also allowed federal courts to prosecute when the criminal and the victim live in the same state. Under previous law, federal courts only had jurisdiction if the thief used interstate communication to access the victim's personally identifiable information.

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.

o Experian o Trans Union o Equifax

Three major credit-reporting agencies are:

security software

Use ___________ (anti-virus and anti-spyware) and a firewall. Set the preferences to either update automatically or to prompt you for updates.

Utility Companies

_____ (e.g., power, water, phone, and cable companies, etc.). Victims may want to contact their utility companies to report instances of possible identity crime. Utility companies can check for any unusual account activity.

Telecommunication access device

______ means a card, plate, code, account #, personal identification #, electronic serial #, mobile ID #, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another.

Digital imprint

______ means the digital data placed on a credit card or debit card or on a counterfeit credit card or debit card.

Identity theft

_______ is the theft of your personal information to commit fraud. I.E: our name and other personal information (like your SSN), and the individual uses it W/O your permission to do things like open new accounts, use your existing accounts, or obtain medical services.

Counterfeit credit card or debit card

_______ means a: (A) credit card or debit card that: (i) purports on its face to have been issued by an issuer that did not issue the card; (ii) has been altered to contain a digital imprint other than that which was placed on the card by the issuer; (iii) contains a digital imprint with account information or account holder information differing from that which is printed or embossed on the card; or (iv) has been altered to change the account information or account holder information on the face of the card from that which was printed or embossed on the card by the issuer; or (B) card, other than one issued as a credit card or debit card, that has been altered to contain the digital imprint of a credit card or debit card.

email scams

________ , and taking advantage of careless consumers' online shopping and banking.

Identity crime

________ is the theft or misuse of personal or financial identifiers to gain something of value and/or facilitate other criminal activity.

Encrypt data

___________ and keep browsers secure. Utilize encryption software that scrambles information when sent over the internet. Look for the "lock" icon in the status bar of internet browsers before sending personal or financial information online.

Security alert

___________ means a notice is placed on a consumer file that alerts a recipient of a consumer report involving that consumer file that the consumer's identity may have been used without the consumer's consent to fraudulently obtain goods or services in the consumer's name

Identifying information

___________ means information that alone, or in conjunction with, other information identifies a person, including a person's: o name & DOB o unique biometric data, including the person's fingerprint, voice print, or retina or iris image o unique electronic ID #, address, routing code, or financial institution account number o telecommunication identifying information or access device; & o SSN or other government-issued ID #.

· Consumer Credit Reporting Agencies. Fraud alert

___________ tell victims to have a __________ 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.

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.

Security freeze

____________ means a notice placed on a consumer file that prohibits a consumer reporting agency from releasing a consumer report relating to the extension of credit involving that consumer file without the express authorization of the consumer.

o obtain money, goods, services, or other thing of value; or o initiate a transfer of funds other than a transfer originated solely by paper instrument.

telecommunication access device may be used to:

top five types of identity theft?

· Credit card fraud—new accounts · Miscellaneous identity theft, which include: o online shopping and payment account fraud o e-mail and social media fraud o medical service, insurance, and securities account fraud · Mobile telephone—new account · Business and personal loans · Auto loan or lease