ID-Crime-TCLEOSE

TCLEOSE Course No. 3277

Legislative Requirements 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 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 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.

Questions To Consider 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?

Main Topic Areas 2. How ID crime occurs. 1. Definitions, scope, current trends.

3. Legal aspects of ID crime.

4. Prosecuting ID crime.

5. Public education

Personal protection

1. Definitions, scope, current trends.

Definition and Types • 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

Scope • 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

Scope • 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.

Types of Identifiers • 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

Current Trends • 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

www.idtheftcenter.org

Reporting Problems

2. How ID crime occurs.

Perpetrating Methods • 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 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.”

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

From Bookstores

$32.00 $14.00

From the Internet

3. Legal aspects of ID crime.

Federal and State Laws • 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

18 U.S.C. § 1028

Penal Code 32.51

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

Security Alert

Security Freeze

4. Prosecuting ID crime.

Prosecuting Needs • 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.

Need For Immediacy in Reporting

Credit Report Example

Agencies To Notify • 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 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

www.consumer.gov/theft

Agencies To Notify • 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.

Texas DL or ID Card Change Form

Downloadable from www.txdps.state.tx.us

Credit Reporting Agency

Credit Reporting Agency

Credit Reporting Agency

5. Public education

Personal protection

Prevention – Public Awareness • 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 – Personal 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.

Identity Theft Insurance

Source: Insurance Information Institute www.iii.org

Identity Crimes 2. How ID crime occurs. 1. Definitions, scope, current trends.

3. Legal aspects of ID crime.

4. Prosecuting ID crime.

5. Public education

Personal protection

References / Resources Consulted “Steps to Help Prevent Identity Theft,” April 9, 2002

Texas Dept. of Public Safety Public Information Office

“Identity Crimes Interactive Resource Guide” U.S. Dept. of Homeland Security, U.S. Secret Service Identity Theft Resource Center www.idtheftcenter.org “Identity Theft: A Quiz for Consumers” U.S. Dept. of Justice

“ID Theft – When bad things happen to your good name” September, 2002

Federal Trade Commission “A police report is crucial in cases of identity theft” Greg Abbott Texas Attorney General “Police Officer’s Handbook – Identity Theft” Chicago Police Department

Legal References U.S.C Title 18, Chapter 47 – Identity Theft and Assumption Deterrence Act

Texas Code of Criminal Procedure,

Texas Business & Commerce Code, Amendments to Chapter 35D – Confidentiality of Social Security Number

55.02 – Expunction of Records

Texas Business & Commerce Code,

Texas Penal Code,

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

32.51 – Fraudulent Use or Possession of Identifying Information

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