IDENTITY THEFT

IDENTITY THEFT

Illegally obtaining personal information Illegally obtaining personal information

such as name, social security, drivers such as name, social security, drivers

license, or mothers maiden name, email license, or mothers maiden name, email

address, bank/credit account number in address, bank/credit account number in

order to engage in unlawful acts.order to engage in unlawful acts.

What is IDENTITY THEFT?What is IDENTITY THEFT?

Florida Statute 817.568“Criminal Use of Personal Identification Information”

Florida Statute 817.568“Criminal Use of Personal Identification Information”

Went into effect July 1, 1999Went into effect July 1, 1999

Three Major Forms of ID TheftThree Major Forms of ID Theft

• True Name Fraud – when a suspect uses a persons true name to open new accounts

• Account Takeover Fraud – they gain access to existing accounts

• Criminal Identity Theft – when a criminal provides victims information at arrest

How Do Thieves Get My Information?How Do Thieves Get My Information?

They steal wallets and purses

They steal mail

They rummage through trash (“dumpster diving”)

They get your personnel records at work

They use personal information you reveal on the Internet

They complete a “change of address” card and divert your mail

They get your credit card information by posing as someone else

They find personal information in your home

They pay others to give them your personal information.

.

Subject X hides behind a mask to protect his identity because of his work with law enforcement officials to

identify other identity theft cases. He faces 20 years for operating a credit card fraud

organization of 15 employees who stole $15-$20 million in houses, cars, computers, and jewelry.

Skimming is a fraud committed when a customer’s credit card is used to pay for a legitimate transaction...

SkimmingSkimming

HOWEVER...HOWEVER...

...the card is diverted by an employee who swipes the cardthrough an illegally used device that stores the information from the card’s magnetic strip.

What do Thieves Do with My Information?What do Thieves Do with My Information?

TheyThey establish phone or wireless serviceestablish phone or wireless service in your name.in your name.

They They open a bank accountopen a bank account in your name and write bad in your name and write bad checks on that account. checks on that account.

They They counterfeit checks or debit cardscounterfeit checks or debit cards, and drain your bank , and drain your bank account. account.

They They buy carsbuy cars by taking out auto loans in your name. by taking out auto loans in your name.

They They obtain fake drivers licenseobtain fake drivers license using your name or using your name or personal information (DOB/SS#, etc.)personal information (DOB/SS#, etc.)

They They obtain counterfeit documentsobtain counterfeit documents in your name (Birth in your name (Birth Certificates, Immigration Documents, etc.)Certificates, Immigration Documents, etc.)

ASSOCIATED CRIMESASSOCIATED CRIMES

• Mail Theft

• Mail Fraud

• Narcotics/Drugs

• Organized Crime

• Financial Fraud/Money Laundering

• Mortgage Fraud

• Computer Crime/Network Intrusion

What Additional Problems Do Victims Have?What Additional Problems Do Victims Have?

Credit card companies also cite Florida as a hotbed of

card counterfeiting and fraud, increasing exponentially

over the last three years.

Victims have to defend themselves as innocent victims to credit card companies and tracing companies.

Victims often face a non-responsive or inconsistent effort from law enforcement.

Sentencing IssuesSentencing Issues

$5,000 or 10 or more victims

minimum mandatory of 3 years imprisonment

$50,000 or 20 or more victims

minimum mandatory of 5 years imprisonment

$100,000 or 30 or more victims

minimum mandatory of 10 years imprisonment

Crimes occurring after July 1, 2003Crimes occurring after July 1, 2003

Judge can still impose statutory maximum under the

Criminal Punishment Code

How can I protect myself?How can I protect myself?

S. S. C.C. A.A. M.M.S. S. Be stingy about giving out your personal information to others unless you have a reason to trust them.S

C.C.

Check your financial information regularly, and look for what should be there and what shouldn't.C

A.A.

Ask periodically for a copy of your credit report. A

M.M.

Maintain careful records of your banking and financial accountsM

Fair & Accurate Credit Act of 2003Fair & Accurate Credit Act of 2003

Consumer Advocate Act

• Consumer Reporting• Rights & privileges to

victims of ID theft• Assist in recuperating

losses and damaging

Rights & Privileges

• Single/one-call fraud alert on credit

• Right to one free credit report

• Ability to block information

Identity Theft andAssumption Deterrence Act

18 U.S.C. 1028

Identity Theft andAssumption Deterrence Act

18 U.S.C. 1028

• Taking and using personal information to commit fraud

• Results in the loss of assets, creditworthiness and “good name”

• FTC - a central clearing house for identity theft complaints

The Act requires the FTC to log complaints, provide The Act requires the FTC to log complaints, provide victims with relevant information and refer them to victims with relevant information and refer them to

the appropriate entities (LE agencies)the appropriate entities (LE agencies)