IDENTITY THEFT & FRAUDIDENTITY THEFT & FRAUDPRO BONO TRAININGPRO BONO TRAINING

Presented by Maryland Crime Presented by Maryland Crime Victims Resource Center, Inc. Victims Resource Center, Inc.

(MCVRC)(MCVRC)

History of MCVRCHistory of MCVRC

Private nonprofit organizationPrivate nonprofit organization

Grassroots organization founded by Vince Grassroots organization founded by Vince and Roberta Roper after the murder of and Roberta Roper after the murder of their daughter Stephanie in 1982their daughter Stephanie in 1982

25 years of assisting victims of crime25 years of assisting victims of crime

Passed 70 pieces of legislation concerning Passed 70 pieces of legislation concerning victims’ rights in the state of Maryland victims’ rights in the state of Maryland since inceptionsince inception

ServicesServices

Offer victims’ services to any victim of crime.Offer victims’ services to any victim of crime.Trained advocates do intake and assessment. Trained advocates do intake and assessment. Therapist provides counseling and support group Therapist provides counseling and support group services.services.Lawyers do direct legal representation of victims.Lawyers do direct legal representation of victims.Pro bono panel of attorneys.Pro bono panel of attorneys.Represent victims with Criminal Injury Represent victims with Criminal Injury Compensation Board (CICB) claims.Compensation Board (CICB) claims.Assist victims with the enforcement of their Assist victims with the enforcement of their restitution.restitution.

Identity Theft and Fraud GrantIdentity Theft and Fraud Grant

Three Goals—Three Goals—

Direct Victim Services assist victims with Direct Victim Services assist victims with legal, emotional, and financial legal, emotional, and financial consequences of crimeconsequences of crime

Self Advocacy and Pro Bono Attorney Self Advocacy and Pro Bono Attorney Development Development

Law Enforcement DevelopmentLaw Enforcement Development

What Is Identity Theft?What Is Identity Theft?

The unauthorized use of another person’s The unauthorized use of another person’s identifying information with the intent of identifying information with the intent of fraudulently obtaining money or services or to fraudulently obtaining money or services or to hide from law enforcement.hide from law enforcement.

Maryland Dec. of Rights, Art. 47Maryland Dec. of Rights, Art. 47Article 47. Rights of victims of crimeArticle 47. Rights of victims of crime

   (a) A victim of crime shall be treated by agents of the State with dignity,    (a) A victim of crime shall be treated by agents of the State with dignity, respect, and sensitivity during all phases of the criminal justice process.respect, and sensitivity during all phases of the criminal justice process.

(b) In a case originating by indictment or information filed in a circuit court, a (b) In a case originating by indictment or information filed in a circuit court, a victim of crime shall have the right to be informed of the rights established in victim of crime shall have the right to be informed of the rights established in this Article and, upon request and if practicable, to be notified of, to attend, this Article and, upon request and if practicable, to be notified of, to attend, and to be heard at a criminal justice proceeding, as these rights are and to be heard at a criminal justice proceeding, as these rights are implemented and the terms “crime,” “criminal justice proceeding,” and implemented and the terms “crime,” “criminal justice proceeding,” and “victim” are specified by law.“victim” are specified by law.

(c) Nothing in this Article permits any civil cause of action for monetary (c) Nothing in this Article permits any civil cause of action for monetary damages for violation of any of its provisions or authorizes a victim of crime damages for violation of any of its provisions or authorizes a victim of crime to take any action to stay a criminal justice proceeding.to take any action to stay a criminal justice proceeding.

Virginia StatutesVirginia StatutesVa. Code Ann. Va. Code Ann.

False Statements/Failure to Disclose False Statements/Failure to Disclose §18.2-186.2§18.2-186.2Penalty, Restitution, Victim Assistance § 18.2-186.3Penalty, Restitution, Victim Assistance § 18.2-186.3Consumer Reporting Agencies, Police Reports Consumer Reporting Agencies, Police Reports § 18.2-186.6.3:1§ 18.2-186.6.3:1Use of ID with intent to coerce, intimidate, harass Use of ID with intent to coerce, intimidate, harass § 18.2-186.4§ 18.2-186.4Expungement of false ID info from police & court records Expungement of false ID info from police & court records § 18.2-186.5§ 18.2-186.5Using a computer to gather ID information Using a computer to gather ID information § 18.2-152.1§ 18.2-152.1

Security Freeze Law in VirginiaSecurity Freeze Law in Virginia

All consumers eligibleAll consumers eligibleFees: No fees for identity theft victims with police reportsFees: No fees for identity theft victims with police reportsAll others pay a $10.00 fee to place the freeze.All others pay a $10.00 fee to place the freeze.Effective date of law: July 1, 2008.Effective date of law: July 1, 2008.Permanent freeze remains until removal requested by consumer.Permanent freeze remains until removal requested by consumer.

Courts & Judicial ProceedingsCourts & Judicial Proceedings, , Juvenile Causes Subtitle Juvenile Causes Subtitle §§3-8A3-8ASame rights in criminal casesSame rights in criminal cases

Federal Statutes pertaining to Federal Statutes pertaining to Identity Theft & FraudIdentity Theft & Fraud

Identification fraud (18 U.S.C. § 1028)Identification fraud (18 U.S.C. § 1028)Credit card fraud (18 U.S.C. § 1029)Credit card fraud (18 U.S.C. § 1029)Computer fraud (18 U.S.C. § 1030)Computer fraud (18 U.S.C. § 1030)Mail fraud (18 U.S.C. § 1341)Mail fraud (18 U.S.C. § 1341)Wire fraud (18 U.S.C. § 1343)Wire fraud (18 U.S.C. § 1343)Financial institution fraud (18 U.S.C. § Financial institution fraud (18 U.S.C. § 1344)1344)Each of these federal offenses are felonies that carry Each of these federal offenses are felonies that carry substantial penalties in some cases, as high as 30 years substantial penalties in some cases, as high as 30 years imprisonment, fines, and criminal forfeiture.imprisonment, fines, and criminal forfeiture.

Definition of VictimDefinition of Victim

A person who suffers— A person who suffers—

ActualActual

ThreatenedThreatened

PhysicalPhysical

Emotional Emotional

Financial harm as a direct result of a crime or Financial harm as a direct result of a crime or delinquent actdelinquent act

How Does Identity Theft Affect How Does Identity Theft Affect Victims?Victims?

““We are largely invisible to law enforcement and We are largely invisible to law enforcement and the judicial system and often seen as victims of the judicial system and often seen as victims of property crime or not seen as victims at all.”property crime or not seen as victims at all.”

——Jaimee Napp, victim of identity theft Jaimee Napp, victim of identity theft

Jaimee Napp, Executive Director of the Identity Theft Action Council of Jaimee Napp, Executive Director of the Identity Theft Action Council of

NebraskaNebraska,, When Identity Theft Strikes Home, The Crime Victims Report When Identity Theft Strikes Home, The Crime Victims Report (volume 12, No. 2. May/June 2008).(volume 12, No. 2. May/June 2008).

How Does Identity Theft Affect How Does Identity Theft Affect Victims?Victims?

Why did this happen to me?Why did this happen to me?

The police don’t careThe police don’t care

Anger/FrustrationAnger/Frustration

Vulnerable/ViolatedVulnerable/Violated

Helpless/StressedHelpless/Stressed

DepressedDepressed

SuicidalSuicidal

Four Steps Identity Theft Victim Four Steps Identity Theft Victim Needs To Take Needs To Take

Victims should contact Credit Reporting Victims should contact Credit Reporting AgenciesAgencies

Victims should contact companies where Victims should contact companies where the thief committed the fraudthe thief committed the fraud

Victims Should File A Complaint with the Victims Should File A Complaint with the FTCFTC

Victims Should File A Report with the Victims Should File A Report with the Police Police

Step 1. Victim Should Contact CRAs

Place 90-day fraud alert, get and review a copy of the credit report.Set a fraud alert by contacting only one of the three CRAs:– Equifax 800-525-6285– Experian 888-397-3742– TransUnion 800-680-7289

If client does not receive a confirmation letter from any of the three companies in 7–10 days, contact that company directly.Beware of diversion to free annual report.

Step 2. Victim Should Contact Step 2. Victim Should Contact Places Where Fraud Committed Places Where Fraud Committed

Immediately close accounts that have Immediately close accounts that have been fraudulently opened and used.been fraudulently opened and used.

Contact fraud department, not customer Contact fraud department, not customer service.service.

Ask about company dispute form or FTC Ask about company dispute form or FTC form and where to send dispute form and where to send dispute correspondence.correspondence.

Inform the company.Inform the company.

Step 3. Victim Should File a Step 3. Victim Should File a Complaint With the FTCComplaint With the FTC

ChannelsChannels

www.ftc.gov/idtheftwww.ftc.gov/idtheft

877-438-4338877-438-4338

FTC Complaint Form Helps Build CaseFTC Complaint Form Helps Build Case

Universal Identity Theft Complaint FormUniversal Identity Theft Complaint Form

Step 4 Victim Should File a Step 4 Victim Should File a Report With the PoliceReport With the Police

Call the police as soon as possible.Call the police as soon as possible.

Tell the police—Tell the police—

They need to obtain a written report;They need to obtain a written report;

They would like to sign their Universal They would like to sign their Universal Complaint Form in the presence of an Complaint Form in the presence of an officer.officer.

Police ReportsPolice Reports

Role of the 1Role of the 1stst Responder Responder

Memo to Police on importance of ReportMemo to Police on importance of Report

Universal Police Report w/ necessary infoUniversal Police Report w/ necessary info

ID Theft AffidavitID Theft Affidavit

Victim Advocate’s RoleVictim Advocate’s Role

Identify the problem(s) and how they can assist.Identify the problem(s) and how they can assist.

Inform victim of rights.Inform victim of rights.

Encourage and teach self-advocacy.Encourage and teach self-advocacy.

Provide emotional support.Provide emotional support.

Assist in compiling information/documents.Assist in compiling information/documents.

Assist in reporting the crime & working with law Assist in reporting the crime & working with law enforcement.enforcement.

Assist in making disputes of impostor accounts.Assist in making disputes of impostor accounts.

Make referrals to attorneys and other service Make referrals to attorneys and other service providers.providers.

Example of CasesExample of Cases

The need for Pro Bono The need for Pro Bono AttorneysAttorneys

QUESTIONS ?QUESTIONS ?

Contact InformationContact Information

Russell Butler, Executive Director Russell Butler, Executive Director rbutler@mdcrimevictims.orgrbutler@mdcrimevictims.orgPauline Mandel, Director Legal Services Pauline Mandel, Director Legal Services pauline@mdcrimevictims.orgpauline@mdcrimevictims.orgJani Tillery Jani Tillery

jani@mdcrimevictims.orgjani@mdcrimevictims.orgLauren Tabackman, Staff Attorney Lauren Tabackman, Staff Attorney lauren@mdcrimevictims.orglauren@mdcrimevictims.orgKrista Burich, Community LiaisonKrista Burich, Community Liaisonkrista@mdcrimevictims.orgkrista@mdcrimevictims.org

Federal Trade Commission jcrane@ftc.govFederal Trade Commission jcrane@ftc.gov

MCVRC INFORMATIONMCVRC INFORMATION

Maryland Crime Victims’ Resource Center, Inc. Maryland Crime Victims’ Resource Center, Inc. 1-877-VICTIM-11-877-VICTIM-1

www.mdcrimevictims.orgwww.mdcrimevictims.org

1001 Prince George’s Blvd. Suite 750 1001 Prince George’s Blvd. Suite 750 Upper Marlboro, Md. 20774 Upper Marlboro, Md. 20774

301-952-0063301-952-0063240-929-0526 (fax)240-929-0526 (fax)

oror218 E. Lexington Street, Suite 401218 E. Lexington Street, Suite 401

Baltimore, MD 21202Baltimore, MD 21202410-234-9885410-234-9885

410-234-9886 (fax)410-234-9886 (fax)

AcknowledgmentAcknowledgment

This presentation is supported by grant This presentation is supported by grant number 2007-VF-GX-K033, awarded by number 2007-VF-GX-K033, awarded by the Office for Victims of Crime (OVC), the Office for Victims of Crime (OVC), Office of Justice Programs, U.S. Office of Justice Programs, U.S. Department of Justice. Points of view in Department of Justice. Points of view in this presentation and accompanying this presentation and accompanying documents are those of the authors and documents are those of the authors and do not necessarily represent the official do not necessarily represent the official position or policies of the U.S. position or policies of the U.S. Department of Justice.Department of Justice.