TCLEOSE CourseTCLEOSE CourseNo. 3277No. 3277

78th Legislature SB – 473; SECTION 8. Section 1701.253, Occupations Code, is amended by adding Subsection (i) to read as follows:

( i ) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on identity theft under Section 32.51, Penal Code, for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.

Legislative RequirementsLegislative Requirements

78th Legislature SB – 473; SECTION 8. Section 1701.402, Occupations Code, is amended by adding Subsection (f) to read as follows:

( f ) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on identity theft established by the commission under Section 1701.253 ( i ).

Legislative RequirementsLegislative Requirements

78th Legislature SB – 473; SECTION 10:

( e ) A person who, on September 1, 2003, holds an intermediate proficiency certificate issued under Section 1701.402, Occupations Code, or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for more than two years shall complete an educational training program on identity theft established under Subsection ( i ), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2005.

Legislative RequirementsLegislative Requirements

How many personal identifiers are in your wallet or purse? How many financial identifiers?

If the volume of mail I get at home drops off substantially, I should check . . . . ?

Where is a “security alert” placed and who does it? What about a “security freeze?”

What government agencies should be contacted about an identity crime?

What can I do, personally, to prevent or limit being a victim of identity crime?

Questions To ConsiderQuestions To Consider

2. How ID crime occurs.

3. Legal aspects of ID crime.

4. Prosecuting ID crime.

5. Public education

Personal protection

1. Definitions, scope, current trends.

Main Topic AreasMain Topic Areas

1. Definitions, scope, current trends.

• Identity Crime is defined as:– 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 include:– Identity Theft– Credit card / Access Device Fraud (skimming)– Check Fraud– False Identification Fraud– Passport / Visa Fraud

Definition and TypesDefinition and Types

• ID Crime often facilitates:– Mail theft & fraud– Illegal Narcotics / drugs– Organized crime– Financial fraud (money laundering)– Mortgage fraud– Weapons trafficking– Homicide– Terrorism– Wire fraud– Computer crime / internet intrusions

ScopeScope

• ID Crimes often begin with:– Wallet / Purse theft– Muggings– Computer intrusion– Mail theft– Dumpster diving (theft of trash)– Theft of business documents or info– Theft from medical facilities, hotels, etc.

ScopeScope

• Personal:– Name and Date of Birth– Social Security Number– Address and phone numbers– Driver’s license and passport numbers– Mother’s maiden name; pet name; etc.

• Financial:– Credit card numbers– Bank account numbers– PIN numbers– Insurance account numbers

Types of IdentifiersTypes of Identifiers

• Use of current / latest technologies.

• Scams include:– Over hearing cell phone conversations.– Reading other’s faxes or email.– Hacking into computers.– Telephone and e-mail scams.– Careless online shopping and banking.

• Identity Theft Resource Center.– www.idtheftcenter.org

Current TrendsCurrent Trends

www.idtheftcenter.orgwww.idtheftcenter.org

Reporting ProblemsReporting Problems

2. How ID crime occurs.

• Stealing a wallet / purse with personal and financial identifiers.

• Unsecured mail with bank and credit card statements, pre-approved credit offers, new checks, tax info.

• May complete a “change of address form” to divert your mail to another location.

• Rummage through trash – “dumpster diving” – at your home or business.

Perpetrating MethodsPerpetrating Methods

• Obtaining credit report by posing as a landlord, employer or other legitimate requestor.

• Personal information found in the home or shared on the internet.

• “Business record theft.”

• “Shoulder surfing.”

• Email, website “spoofing” or “scamming.”

Perpetrating MethodsPerpetrating Methods

• Sources of step by step instructions for producing false documents:– Bookstores– The Internet

Procuring False IDProcuring False ID

$32.00

$14.00

From BookstoresFrom Bookstores

From the InternetFrom the Internet

3. Legal aspects of ID crime.

• Federal Law.– 18 U.S.C. § 1028 – Identity Theft and

Assumption Deterrence Act

• Texas Law.– Penal Code 32.51 – Fraudulent Use or

Possession of Identifying Information– Business and Commerce Code – Chapter 20.

Regulation of Consumer Credit Reporting– Code of Criminal Procedure, Article 55.02 –

Procedure for Expunction

Federal and State LawsFederal and State Laws

18 U.S.C. 18 U.S.C. § 1028§ 1028

Penal Code 32.51Penal Code 32.51

• From Business and Commerce Code – Chapter 20, added definitions:– Security Alert

– Security Freeze

Legal TermsLegal Terms

Security AlertSecurity Alert

Security FreezeSecurity Freeze

4. Prosecuting ID crime.

• ID Crime Offense Reporting.– Taking a written report is vital because credit

bureaus require a police report.– Victim should complete an Identity Crime

Incident Detail Form.– Victim should immediately begin gathering

bank, credit card statements, letters from creditors, merchant account statements, etc.

– Victim should provide credit reports from the three major Credit Bureaus.

Prosecuting NeedsProsecuting Needs

Need For Immediacy in ReportingNeed For Immediacy in Reporting

Credit Report ExampleCredit Report Example

• Federal Bureau of Investigations.– Frauds and investment schemes involving losses over

$100,000.

• U.S. Secret Service.– Notify if custody arrest or any seizure or recovery of ID

Theft devices, equipment, counterfeit documents or lists of personal identifiers.

• U.S. Postal Service.– Notify if arrest for Financial Crime involving the U.S.

Mail. Postal Inspectors will immediately respond to ID Theft, Forgery, Credit Cards and Checks, Mail Theft and/or Fraud, and Internet Fraud (if involves use of mail).

Agencies To NotifyAgencies To Notify

• Social Security Administration.– Notify if misuse of SSN; SS program fraud;

significant financial loss to individual or institution; seizure of significant number of SS cards.

• Federal Trade Commission.– Maintains several sites for filing and obtaining

information on ID Crime:• FTC Victims Guide and FTC Sample Affidavit• Identity Theft Data Clearinghouse• Consumer Sentinel

Agencies To NotifyAgencies To Notify

www.consumer.gov/theftwww.consumer.gov/theft

• Texas Department of Public Safety.– Driver’s licenses and ID cards.– Responsible for storage and expunction of criminal

records.

• Consumer Credit Reporting Agencies.– Have victim place a “Fraud Alert” on their credit

report.– Three major credit reporting agencies.

• Financial Institutions.• Utilities.

Agencies To NotifyAgencies To Notify

Texas DL or ID Card Change FormTexas DL or ID Card Change Form

Downloadable from - www.txdps.state.tx.us

Credit Reporting AgencyCredit Reporting Agency

Credit Reporting AgencyCredit Reporting Agency

Credit Reporting AgencyCredit Reporting Agency

5. Public education

Personal protection

• Law enforcement should be proactive in educating the public about ID Crimes.– Incorporate ID Crime awareness in current

public education programs (i.e., PSA’s, community policing, etc.).

– Explore and use information already available on the Internet to guide the public and victims to become more self informed.

Prevention – Public AwarenessPrevention – Public Awareness

• Do not give out personal identifier information over the phone or Internet.

• Stay informed about your personal financial records with frequent checks of credit history, bank records, i.e., extra or unknown transactions.

• Limit personal information on necessary public distribution items (checks, business cards).

• Purchase a home shredder.• Consider Identity Theft Insurance.

Prevention – Personal AwarenessPrevention – Personal Awareness

Source:Insurance Information Institute

www.iii.org

Identity Theft InsuranceIdentity Theft Insurance

2. How ID crime occurs.

3. Legal aspects of ID crime.

4. Prosecuting ID crime.

5. Public education

Personal protection

1. Definitions, scope, current trends.

Identity CrimesIdentity Crimes

“A police report is crucial in cases of identity theft”

Greg AbbottTexas Attorney General

“Police Officer’s Handbook – Identity Theft”

Chicago Police Department

“ID Theft – When bad things happen to your good name”

September, 2002

Federal Trade Commission

Identity Theft Resource Centerwww.idtheftcenter.org

“Steps to Help Prevent Identity Theft,”

April 9, 2002Texas Dept. of Public Safety

Public Information Office

“Identity Theft: A Quiz for Consumers”

U.S. Dept. of Justice

“Identity Crimes Interactive Resource Guide”

U.S. Dept. of Homeland Security, U.S. Secret Service

References / Resources ConsultedReferences / Resources Consulted

U.S.C Title 18,Chapter 47 – Identity Theft

and Assumption Deterrence Act

Texas Penal Code,32.51 – Fraudulent Use or Possession of Identifying

Information

Texas Code of Criminal Procedure,

55.02 – Expunction of Records

Texas Code of Criminal Procedure,60.19 – Information Related to Misuse of

Identity

Texas Business & Commerce Code,

Sections 20.01, 20.03, 20.031 – 20.038Definitions and rules governing “Security Alerts” and “Security

Freezes”

Texas Business & Commerce Code,

Amendments to Chapter 35D – Confidentiality of Social Security

Number

Legal ReferencesLegal References