Identity Theft

1. Identity Theft Yvonne Mikulik Erica Alvarado Paula Pierce

2. Learning Objectives Define identity theft. Understand the emotional and financial impacts of the crime. Guide a victim through the victim�s toolkit and provide effective self-help resources. Understand the importance of taking follow-up measures. Identify victims who need the assistance of an attorney.

3. True or False Data breach is a form of ID theft. Brownsville, Texas is a national ID theft hotspot. An estimated 5 million Americans were victimized by identity thieves in 2009. A felon can exit TDCJ with a clean criminal history. More ID theft happens by computer hacking than through old fashioned stealing or dumpster diving.

4. ID Theft basics

5. Top is the commonly used definition propounded by the FTC. Bottom is the definition from the Texas Penal Code. Bottom line, ID theft has 3 elements: (1) to obtain, possess, transfer or use (2) personal identifying information or a telecommunication access device aka credit/debit card, etc. (3) with intent to harm the person, i.e., steal money, use credit, etc.Top is the commonly used definition propounded by the FTC. Bottom is the definition from the Texas Penal Code. Bottom line, ID theft has 3 elements: (1) to obtain, possess, transfer or use (2) personal identifying information or a telecommunication access device aka credit/debit card, etc. (3) with intent to harm the person, i.e., steal money, use credit, etc.

8. Identity Theft Flavors Existing Accounts Bank Credit Card Utility New Accounts Bank Credit Card Utility Loans Medical Criminal Benefits Employment

9. What information is stolen: Personal information that can be used to commit identity theft includes: Name Social Security Number Address Date of Birth Telephone number Biometric data Financial account numbers or access cards Passwords, Mother�s maiden name, Father�s middle name, answers to �challenge� questions Breeder Documents also extremely desirable: SSN card, Driver�s License, Passport, Birth Certificate Financial Instruments also desirable: Credit Cards, ATM/Debit Cards, Checks, Breeder Documents also extremely desirable: SSN card, Driver�s License, Passport, Birth Certificate Financial Instruments also desirable: Credit Cards, ATM/Debit Cards, Checks,

10. Identity Theft and Other Crimes Domestic Violence Sexual assault, assault, burglary, robbery Homicide Terrorism Drug Trafficking Why should all victim advocates have some knowledge of identity theft? - Victims of other crimes are vulnerable - Domestic violence victims are frequently victimized by their abuser in order to keep them under control - Victims of sexual assault, burglary, and robbery can become victims when personal information such as their wallet, purse, or documents are stolen in the course of the other crime � information can be used by the primary criminal or it can be sold - The identity of homicide victims can be assumed by thieves causing re-victimization of loved ones - Identity theft is used to perpetrate expansive crimes, e.g., terrorism (100% of the persons arrested in connection with 9/11 also committed identity theft) and human trafficking (stolen identities are used by traffickers to shield their own identities and to provide working documents for trafficking victims), and drug trafficking (stolen identities are used in every step of the process from manufacture to laundering proceeds of sale)Why should all victim advocates have some knowledge of identity theft? - Victims of other crimes are vulnerable - Domestic violence victims are frequently victimized by their abuser in order to keep them under control - Victims of sexual assault, burglary, and robbery can become victims when personal information such as their wallet, purse, or documents are stolen in the course of the other crime � information can be used by the primary criminal or it can be sold - The identity of homicide victims can be assumed by thieves causing re-victimization of loved ones - Identity theft is used to perpetrate expansive crimes, e.g., terrorism (100% of the persons arrested in connection with 9/11 also committed identity theft) and human trafficking (stolen identities are used by traffickers to shield their own identities and to provide working documents for trafficking victims), and drug trafficking (stolen identities are used in every step of the process from manufacture to laundering proceeds of sale)

11. Victim Experiences Denial of credit Loss of credit rating Harassment by bill collectors Loss/denial of employment Lawsuit Arrest IRS problems Garnishment Denial of drivers license renewal Denial of public benefits Denial of medical care

12. The Emotional Impact of Identity Theft Feelings of�.. embarrassment sadness helplessness anger isolation betrayal rage suicidal feelings Unexpected. Much same as victims of violent crime. Some advocates have advocated to change the name to financial violence. Upcoming ITRC study. Draw on your experience assisting victims of violent crime to know when to refer a victim to a mental health professional.Unexpected. Much same as victims of violent crime. Some advocates have advocated to change the name to financial violence. Upcoming ITRC study. Draw on your experience assisting victims of violent crime to know when to refer a victim to a mental health professional.

13. Victims need a lawyer when their age, health, language proficiency, or economic situation prevents them from making disputes they are sued by creditors attempting to collect debts incurred by an impostor they are being harassed by creditors attempting to collect debts incurred by an impostor creditors or credit reporting agencies are uncooperative their identity thief is arrested to assist with their rights their case is complex or involves non-financial identity theft

14. Assisting victims

15. TLSC�s Victim Toolkit Download free from www.idvictim.org Or, call us!Or, call us!

17. Preparation Toolkit pages 1-4 Victims feel like they are treated as criminals because they are constantly asked to identify themselves and repeat the facts of the theft. Victims are less frustrated when they understand what will be required. Victims are more successful when they have written down important facts so that they can recite them quickly and accurately. Encourage victims to write down the time spent � in case they can request restitution later.

18. Stopping the Bleeding Call businesses and report the fraud; Renumber or close existing accounts; If a bank account is compromised, ask bank to put the account in the CANS; Replace credit cards Get a fraud alert

19. Fraud Alerts Initial: 90-day, renewable, one free credit report Extended: 7-year, need ID Theft Report, two free credit reports Set fraud alert by contacting only one of the three CRAs Equifax 800-525-6285 Experian 888-397-3742 TransUnion 800-680-7289 Must provide personal information to match file Beware of diversion to �free annual report� or other commercial services during call Joanna Don�t Confuse Fraud Alert Free Credit Report with �Free Annual� Credit Reports �Free Annual� right applies to all consumers, not just victims All 3 major CRAs are required to provide consumers with a free copy of their credit report every 12 months Centralized web site, toll free number Annualcreditreport.com 1-877-322-8228 Victims can use strategically to extend monitoring over 12 month period MUST PROVIDE PERSONAL INFORMATIONJoanna Don�t Confuse Fraud Alert Free Credit Report with �Free Annual� Credit Reports �Free Annual� right applies to all consumers, not just victims All 3 major CRAs are required to provide consumers with a free copy of their credit report every 12 months Centralized web site, toll free number Annualcreditreport.com 1-877-322-8228 Victims can use strategically to extend monitoring over 12 month period MUST PROVIDE PERSONAL INFORMATION

20. Fraud Alert vs. Credit Freeze One call Less effective 90 day 7 years (police rpt.) Write each bureau No new credit More effective No expiration Fee w/o police rpt. Neither will prevent new accounts with merchants that do not check credit reports. Neither will prevent new accounts with merchants that do not check credit reports.

21. Helpful Questions: How did you find out your identity was stolen? (Example: I was turned down for a car loan.) When did you find out your identity was stolen? What was taken or misused and in what amounts? Were new accounts opened? Do you have written proof? (Example: letter from a debt collector)

22. Get a Credit Report www.annualcreditreport.com

23. Reporting ID Theft Federal Trade Commission (www.ftc.gov) Local police or sheriff NOT FBI Secret Service U.S. Postal Inspectors IC3 PP get cite to CCP; Explain how FTC report becomes ID theft affidavitPP get cite to CCP; Explain how FTC report becomes ID theft affidavit

24. Clearing Accounts Two step process: Credit bureaus Businesses that gave credit, services, or goods to the impostor

25. Credit Bureaus FCRA gives consumers rights to: Block fraudulent info from credit report and Have credit bureaus notify creditors of the fraud MUST BE IN WRITING and attach: Copy of identity theft affidavit Copy of police report or proof of report Copy of government issued ID (drivers license, etc.) Sample letters available at www.idvictim.org.

26. Businesses FCRA gives consumers the right to get a copy of fraudulent account records and prevents creditors from placing a disputed account with a debt collector. MUST BE IN WRITING and attach: Copy of identity theft affidavit Copy of police report or proof of report Copy of government issued ID (drivers license, etc.) Sample letters available at www.idvictim.org.

27. Tips for Victims If it�s not in writing, it doesn�t count � get confirmation! Send everything certified mail, return receipt requested; by fax; by email with scanned attachments; or other method where you can proof it was received. Be ready to rinse and repeat ... and repeat ... and repeat!

28. Non-Financial ID Theft

29. Medical Identity Theft Thief uses another�s identity or health insurance to receive care Dangerous because thief�s medical records become merged with victim�s records Difficult to remedy because of HIPAA concerns

30. How to Assist Victims Report to local law enforcement, get a copy Victim requests medical records from own doctor Request victim�s medical records from providers that gave care to the impostor. Important: Do not mention identity theft at this point. Write providers who gave care to impostor requesting correction or segregation and flagging of records. Attach: police report, victim�s ID, relevant portions of genuine records. Confirm in writing that records have been corrected and review corrections.

31. Employment Identity Theft Use of victim�s personal identifying information to get or keep employment Usually discovered through IRS or denial of public benefits

32. How to Assist Victims Get a copy of victim�s earnings record from SSA Mark impostor activity, provide supporting documentation, request corrected statement Provide corrected earnings statement and supporting documents to IRS Request that victim�s SSN be flagged IRS Identity Protection Specialized Unit: 1-800-908-4490

33. Criminal Identity Theft Use of false identity in connection with commission of a crime Hard to detect until victim fails background check, is arrested, receives notice of outstanding warrants, or is unable to renew drivers license

34. How to Assist Victims Texas Stolen Identity File: Local sheriff takes photo and fingerprints Verifies that victim is not the criminal Submits to DPS Victim receives confirmation letter and password If crime is in another state, contact law enforcement there, provide proof of victim�s identity and alibi information, request letter of clearance Provide letter of clearance to relevant businesses, agencies, and data brokers

35. Application to be Declared a Victim of ID Theft Bus. & Comm. Code Sec. 521.101-521.105 ID theft victims may apply to District Court to be declared a victim of ID theft; Even if doesn�t know identity of thief; Burden of proof is preponderance of evidence; Order must be sealed; Order may be vacated if obtained fraudulently. Useful when thief has made public records in name of victim.Useful when thief has made public records in name of victim.

36. WHEN THE THIEF IS CAUGHT Less than 1% of cases No right to CVC in Texas; although, not prohibited by federal law Some locales argue that Crime Victims� Bill of Rights does not apply to ID theft victims (not a violent crime) Victim should provide a written VIS If victim desires, should be permitted a chance to speak at sentencing

37. Follow-Up

38. Friendly Contact Keeps Victims On Track! Follow-up phone calls Friendly reminders Look for signs that victim needs: Medical attention Attorney or Extra help Make referrals

39. MINIMIZING RE-VICTIMIZATION Shred! Watch the mailbox; Surf safely; Don�t carry it if you don�t need it; Never give out personal information if you did not initiate the transaction.

40. How to Monitor Credit for Free FCRA gives consumers one free credit report per year from each of the three bureaus.

41. Just for Fun

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44. Website: www.idvictim.org Access to Victim�s Toolkit in English and Spanish including an Action Plan for victims, form letters, and easy to read explanations of Texas and federal statutes. Phone: 1-888-343-4414