Understanding Identity Crimes

Defining Identity Crimes

• Identity theft occurs when someone steals your personal information to commit fraud.
• This includes using your name and Social Security number to open accounts, use existing accounts, or obtain medical services without your permission.
• Identity theft can lead to credit issues, lawsuits for others' debts, incorrect medical records, and even arrest.
• Identity crime involves stealing or misusing personal or financial identifiers to gain value or facilitate other criminal activities.

Locating Statistical Data

• Websites like the Insurance Information Institute and the Federal Trade Commission (FTC) provide current identity theft statistics.
• The FTC defines identity theft as someone using your Social Security number or other personal information to open accounts, make purchases, or get a tax refund.
• Common types of identity theft in 2019 included credit card fraud (new accounts), miscellaneous identity theft (online shopping, email/social media, medical service), mobile telephone accounts, business/personal loans, and auto loans/leases.
• In 2019, Texas ranked 4th in the US for identity theft reports per 100K population, with 73,553 reports.

Types of Crimes Associated with Identity Crimes

• Identity crime can facilitate other criminal activities like mail theft, money laundering, narcotics, homicide, terrorism, wire fraud, and computer intrusion.
• It can originate from seemingly unrelated crimes like robbery, theft, burglary, or even "dumpster diving."
• Special types of identity theft recognized by the FTC include tax, child, and medical identity theft.

Identifying Information and Telecommunication Access Device

• Identifying information is any information, that identifies a person.
• This includes Name, date of birth, unique biometric data (fingerprint, voice print, or retina/iris image).
• Other identifiers are unique electronic identification number, address, routing code, financial institution account number, telecommunication identifying information/access device, or Social Security number.
• A telecommunication access device is any card, plate, code, account number, PIN, electronic serial number, mobile identification number, or identifier that can be used to obtain money, goods, services, or transfer funds.

Current Trends in Identity Crimes

• Current identity theft trends involve using current technologies.
• Scams include stealing information by eavesdropping on cell phone conversations, reading emails, hacking computers, telephone and email scams, and exploiting online shopping habits.

How Identity Crime is Perpetrated

• Identity crime is commonly perpetrated through means such as stealing wallets, purses, or briefcases containing personal identification.
• Stealing mail containing bank statements, credit card offers, or tax information.
• Filing a change of address to divert mail.
• Rummaging through trash ("dumpster diving").
• Obtaining credit reports fraudulently.
• Finding information inside the home or online.

Techniques to Procure False Identification

• Techniques include obtaining publications from bookstores or internet retailers that provide instructions on producing false documents.

Federal Statutes Dealing with Identity Crimes

• The Identity Theft and Assumption Deterrence Act of 1998 makes it a federal crime to knowingly transfer or use identification of another person unlawfully to aid any illegal activity.
• The Identity Theft Penalty Enhancement Act of 2004 sets penalties for aggravated identity theft, such as using another's identity for felony crimes, including immigration violations or domestic terrorism.
• The Identity Theft Enforcement and Restitution Act of 2008 allows restitution orders to include the victim's time spent remediating identity theft, also allowing federal courts to prosecute when both criminal and victim reside in the same state.

State Statutes Dealing with Identity Crimes

• Texas Penal Code §32.51 defines fraudulent use or possession of identifying information as intending to harm or defraud another.
• This law presumes intent to harm if possessing identifying information of three or more people or deceased individuals.
• Offenses range from state jail felony to first-degree felony depending on the number of items involved and increases for offenses against elderly individuals or intent to facilitate other offenses.
• Other relevant Texas Penal Code statutes include Mail Theft (§31.20) and Fraudulent Use or Possession of Credit Card or Debit Card Information (§32.315).
• 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.
• Regarding expunction, a person entitled to expunction of information contained in records and files under Article 55.01(d) may file an application for expunction with the attorney representing the state in the prosecution of felonies in the county in which the person resides.

Security Alert

• A security alert is a notice on a consumer file that alerts recipients that the consumer's identity may have been used fraudulently.
• Consumer reporting agencies must place a security alert within 24 hours of request, which remains effective for at least 45 days.
• Consumers can request unlimited security alerts.

Security Freeze

• A security freeze prevents consumer reporting agencies from releasing a consumer report for credit extensions without express authorization.
• 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.
• Agencies must send written confirmation and a unique PIN or password to authorize a removal or temporary lifting of the freeze.
• Replacement PIN or password must be provided by the third business day.
• Active-duty alerts add extra protection to service members' credit records during deployment.

Identity Crime Offense Report

• A written report is vital for victims to block fraudulent information with credit bureaus and repair credit reports.
• Financial institutions often require a police report with an affidavit of fraud.
• The victim fills out an identity crime report with officer/investigator including the type of incident, organizing the investigative case, determining where evidence might be found, developing a theory of the identity theft, and determining which financial institutions should be contacted.
• Victims should gather documentation such as bank/credit card statements, letters from creditors, merchant account statements, and credit reports.
• Confirm the offense is identity theft, not credit/debit card abuse which depends on if it was a new account or existing account used.
• Include as much information as possible like dates, account numbers, and personal data used, and encourage the victim to obtain supporting documentation.

Governmental and Business Entities to Notify

• Notify the FBI if the identity crime involves bank fraud, governmental fraud, or investment/insurance schemes with losses over $100,000.
• U.S. Secret Service (USSS) should be notified for any arrests or recovery of identity crime devices/equipment like skimmers or counterfeit documents.
• U.S. Postal Service (USPS) should be notified if it has any connection to a financial crime, and 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) should be notified if the misuse involves Social Security fraud or significant financial loss, contact the SSA if there is either a significant financial loss to an individual or institution, or a significant number of counterfeit Social Security cards are seized.
• Have victims file a report with the Federal Trade Commission (FTC) which now offers a recovery plan with needed forms and letters.
• Contact the Texas Department of Public Safety (TxDPS) for state driver's licenses and identification cards, as well as criminal record storage and expunction.
• Advice that victims should place a "fraud alert" on their credit reports through consumer credit reporting agencies

Educating Victims and the Public

• Law enforcement should proactively educate the public about identity crime, using methods like public service announcements and community policing.
• Utilize available online information to guide the public and victims.
• Encourage individuals to create an Identity Theft Report and get a personal recovery plan at IdentityTheft.gov.
• Share free identity theft resources from the FTC, and take police reports if requested for debt removal.

Protecting Personal Information Against Identity Crimes

• Do not give out personal information over the phone, in writing, at a workplace, a business, a child's school, and/or a doctor's office; ask why the business or entity needs it, how they will safeguard it, and the consequences of not sharing their Social Security number, driver's license number, date of birth, place of birth, home address, mother's maiden name, or any password.
• Limit personal information kept on checks, and don't have new checks mailed home without a secure mailbox.
• Pay attention to billing cycles, review statements, compare receipts, and watch for unauthorized transactions.
• Secure Social Security number, and only only give out when absolutely necessary.
• Secure personal information online by creating complex passwords, being alert to imposters, and safely disposing of computers/devices which includes ensuring that information is saved, or transfer to the new device and permanently deleted.
• Be cautious of phishing emails, and use security software, set the preferences to either update automatically or to prompt you for updates.
• Before you send personal information over your laptop or smartphone on a public wireless network in a coffee shop, library, airport, hotel, or other public place, see if your information will be protected.
• Do not keep financial information or automatic login features enabled on your laptop or mobile device.

Steps to Take If Identity Crime Occurs

• Notify police or the Sheriff's office, documenting all interactions and keeping a copy of the criminal report with them.
• After filing a criminal report, you may contact any local driver license office for assistance in determining the best course of action for your individual situation.
• If notified that the issue occurred with the help of unauthorized charges, you will be able to notify Creditors and merchants as well as cancel those cards and request replacement cards with new account numbers.
• Inform the police or the Sheriff's office if you believe that your identity has been fraudulently used by another person without your consent, contact your local Police Department or Sheriff's Office to file a criminal report, and keep a copy of it.
• Contact any local driver license office to assistance of your individual situation.

After identity theft inform the following

• Contact the Social Security Administration (SSA).
  • Report the unauthorized use of your personal information
  • Verify the accuracy of your earning
  • Request a copy of Social Security Statement
  • Get a replacement Card
• Contact the Federal Trade Commission (FTC) report.
  • To file a report or request information:
  • Visit their website, call them, or write to them or call them
• Notify the U.S. Passport Agency if the identity theft involve fraudulently signing up under your name for a passport by telephone, email, or visit their website