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Identity crime
is the theft or misuse of personal or financial identifiers in order to gain something of value and/or facilitate other criminal activity.
Types of identity crimes
identity theft, credit card/access device fraud ("skimming"), check fraud, bank fraud, false identification fraud, and passport/visa fraud.
through financing or anonymity, to commit other criminal activities such as
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
Identity crimes can begin with other seemingly unrelated crimes such as
robbery (e.g. purse snatching or mugging), computer intrusion, mail theft, theft of trash ("dumpster diving"), or theft of documents or information from businesses, medical facilities, hotels, etc.
Personal identifiers include
name, date of birth, social security number, address, phone number, driver's license number, passport number, mother's maiden name, etc.
Financial identifiers include
credit card numbers, bank account numbers, personal identification numbers ("PINs"), insurance account numbers, etc.
Identity crimes can occur if someone
steals your wallet, purse, briefcase, etc., containing your identification, social security card, credit cards, bankcards or checkbook.
change address form
. Identity thieves can complete a ______ __ _______ ____ to divert your mail to another location.
mail.
Identity crimes can occur if someone steals your ____ especially your bank and credit card statements, pre-approved credit offers, new checks, or tax information.
Dumpster diving
Identity thieves may rummage through your trash or the trash of businesses to find personal data
credit report
Identity thieves may fraudulently obtain your ______ ______ by posing as a landlord, employer, or someone else who may have a legitimate need for (and legal right to) the information.
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.
shoulder surfing
looking over your shoulder or from a nearby location as you enter your Personal Identification Number (PIN) at an ATM machine
spoofing
the creation of e-mails and websites that appear to belong to legitimate businesses such as established retail companies, financial institutions, and online auctions sites.
18 U.S.C. § 1028 - Identity Theft and Assumption Deterrence Act
federal statutes dealing with identity crimes
Penal Code 32.51 - Fraudulent Use or Possession of Identifying
state statutes dealing with identity crimes
security alert
means a notice 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.
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.
written report is vital to the victim(s)
because credit bureaus require a police report in order to block fraudulent information and to begin repairing the victim's credit reports.
incident form
document provides the officer/investigator with detailed information to:
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 in the course of the investigation.
three major Credit Bureaus
Equifax, Experian, and Trans Union
Federal Bureau of Investigation
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 one hundred thousand dollars ($100,000).
U. S. Secret Service
Notify if there is any custody arrest of individuals associated with identity crime or identity takeover.
Social Security Administration
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
The FTC is the central collection point for the Identity Theft Data Clearinghouse, the federal government's database for tracking identity crime complaints.
Texas Department of Public Safety
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.
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.
Telecommunication access device
card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another telecommunication access device may be used to: obtain money, goods, services, or other thing of value
Sec. 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 identifying information of another person without the other person's consent
Sec. 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.
An offense under this section is: a state jail felony if the number of items obtained, possessed, transferred, or used is less than five;
Sec. 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.
a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10
Sec. 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.
a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50
CCP P. 604- 55.02 2A
a person who is eligible for expunction of records and files under Article 55.01(b) may file an ex parte petition for expunction in a district court for the county in which the petitioner was arrested or the offense was alleged to have occurred.
how identity crime is commonly perpetrated.
- can find personal information in your home.
- may obtain personal information that you share on the Internet.
- business record theft
- shoulder surfing
- spoofing
Financial Institutions
banks, credit card companies, financial advisors
their financial institutions
Advise the victims to contact ____________ to report any suspicions of identity crime. The financial institution can check to see if there has been any unusual activity. Victims should establish passwords for their accounts.
