Archive for the ‘The Law On Identity Theft’ Category

PostHeaderIcon Steps To Take If You Are A Victim Of Identity Theft

Identity theft can be one of our worst nightmares, since the stolen identity is always used for illegal purposes. Apart from having your identity stolen from you, you could also become a target of litigation from parties hurt by the actions of the identity thief.

So what should you do if you ever become a target of identity theft? This article provides information on what to do after you discover that your identity has been stolen.

What To Do After Identity Theft
Here are some steps to take once you discover your security has been compromised by an identity thief.

1) Let The Credit Rating Agencies Know
The credit rating agencies should be told about the theft as soon as possible. Creditors will need to contact you before they give loans to anyone approaching them for credit on your behalf. Try to get the fraud alert extended to seven years from the current 90 days. File all credit reports you receive, since it is crucial as evidence to show identity theft.

2) Keep An Eye On Credit Reports
Keep monitoring credit reports, so fraudulent accounts in your name are not opened. Keep reviewing your credit reports and look into the credit companies you have not had any dealings with.

3) Close Dubious Accounts
If you feel that some accounts have been opened by the identity thief, or there has been unauthorized access to the accounts, close them. Have the credit card companies and your bank notified by mail, so that you have a record stating that they were formally notified.

4) Opening New Accounts
Use new personal identification numbers and passwords if you wish to open new accounts. Ensure that the passwords are such that someone else cannot guess them.

5) Stopping Doubtful Transactions
If you feel that any transaction related to your account or credit card number is fraudulent, use fraud dispute forms available at the bank to state your claim. If you want the bank to consider your request, you need to prove that you have been a victim of identity theft. You can submit a copy of the police report or submit proof that your signatures have been forged.

6) Report To The Police
Report the identity fraud to the police as soon as possible. Get an affidavit from the police station to prove the crime, since banks and credit card companies will ask for the affidavit to be submitted before they take action to close accounts that have been compromised.

The above steps will help you close fraudulent accounts opened in your name and keep further fraud from being committed in your name. Report the identity fraud as soon as you discover it to the proper authorities.

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PostHeaderIcon Defining Identity Theft

It was already late at night and you were walking down the street alone. The wind is blowing briskly through the tall buildings you are passing by. Then, a person appears, out of nowhere. He/she proceeded to run by you and knocking you over, made a grab for your wallet and disappeared through a corner.

It could be a scene from a movie, only it happened! However, this type of stealing, person-to-person, may well exists in movies exclusively for the next years to come.

Why, you may ask.

Nowadays, thieves no longer care to rob a person, bank or any other establishment because they just use an individual’s information to obtain employment, credit and bank accounts and other means of obtaining money or credit

Such activity that has now alarmingly reached millions of victims in United States and Canada is known as Identity theft. It has shown up in news reports for the past several years. Campaigns and laws have been passed all to combat it and build up public awareness.

Last September 2003, the FTC reported that identity theft victims suffer terribly from the said crime. They spend more than $1,400.00, and 200 hours to clear up their personal and financial reputation.

Once identity theft crime becomes more flagrant, victims may have to spend more than this, and not only in terms of time and money. They may end up spending more in terms of frustration.

If you do not have money to spend, or rather, waste just to pay for being a victim of identity theft, then you must know the exact definitions of identity theft, how it works and how you can become a victim. By knowing and defining identity theft to other people, too, they will come up with more ways to combat against it.

Identity theft or ID theft this insidious crime of obtaining and using another individual’s personal data. By personal data it means, the name, address, telephone number, phone card or credit card and Social security number. This act is done without the knowledge of the victim and is usually followed by a criminal act.

The criminal acts of an identity thief may range from committing financial fraud using the personal information. Indeed, identity theft is done by someone, pretending to be another and purchases products using that person’s credit account, obtaining money from bank accounts and ordering goods and services using another’s credit name.

The victim of identity theft is usually left with the bill for the purchased/ordered goods and services. Sometimes, victims are surprised when they find out that they are application for loans were denied because without their knowledge, they have accumulated too many loans because of the handiwork of an identity thief.

Stealing people’s identity is a serious crime. The frauds and deceptions being done using another individual’s identity is another unlawful act. Once identity thieves steal other people’s identity they usually do the following:

- make purchases or order goods without the intention to pay
- apply for credit
- open bank accounts
- apply for loans
- apply for government benefits
- obtain cable or utility services using the another person’s (victim) name
- forge checks or bank drafts
- use victim’s accounts to obtain money through wire transfers using the victim’s accounts
- and other similar acts of fraud.

Individuals are not the only targets of identity theft. They also target business establishments, especially those medium and small limited businesses. Businesses can also be the targets of identity theft.

Corporate identity theft happens when an individual applies for credit or buys goods under the pretense of being a company director of a certain company. Beforehand, they con the government agencies concerned with registering business companies. They file for change of names and address.

They use the said address to direct suppliers of goods they bought, when the bill arrives, they have long disappeared. The company, then suffer the brunt of such criminal acts.

Aside from people with good and well-established credit reports, identity theft also victimizes those without much credit. Sometimes they stead college students’ identities to set up fake credit accounts.

Presently, many efforts are being done in order that people be aware of identity theft. There are also federal laws passed that already define identity theft as a serious criminal act instead of just a fraudulent activity. This is a big step in the fight against rampant identity theft.

Individuals must be proactive so as not to become a victim of identity theft. We must be doubly sure that all our personal documents and information are protected and are not passed on into wrong hands.

Avoid being a victim of identity theft, beware and be cautious!

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PostHeaderIcon Federal Law on Identity Theft: The Department of Justice’s Case against Identity Theft

Are you aware of the present notorious crime in the United States of America and Canada? Until the present time, no other crime can be carried out with maniacal cruelty and audacity than identity theft.

It is now the fastest growing crime in America. In 2002, the Federal Trade Commission (FTC) reports that 43% of all fraud complaints they received are actually identity theft.  By 2003, identity theft cases and incidents have already reached 9.9 million.

In the United States, for every five families, one fall victim to the notoriety and insidiousness of the identity thieves. It is quite truly hard to prevent becoming a victim of identity theft. Even with taking every precaution in the book, in order to safeguard your personal information, the identity thieves seem to be one-step ahead.

The truth is you can never be sure if the known measure you do to prevent falling victim to identity theft are effective. There is still a prevalent insecurity every time you use your credit card, write a check, sign up for magazines, order something over the phone or internet or use your PIN number.

Always, the possibility lurks that the information you are using will find its way exists that that information may get into the identity thieves. Just being aware of that fact and cautious about who you give your personal information to will put you far above the rest of the pack.

These crimes are estimated to have taken the average victim $500 and 30 hours to resolve. Some of the case starts from simple stolen credit cards to total identity kidnapping. These ugly and prevalent crimes are hard to prevent. There is also a difficulty to correct such cases.

More often, especially on felons convicted before identity theft became a federal law case, there are no recriminations felt.

Identity theft is one of the most insidious forms of white-collar crime. In a traditional fraud scheme, prospective victims are contacted directly by criminals who use lies and deception to persuade the victims to part with their money.

The crime does not require direct interaction between the criminal and the victim.  Identity theft is not a crime committed for its own sake. Criminals engage in identity theft to further and facilitate many other types of criminal offenses, including fraud.

The recent federal prosecutions show some of the many ways in which people can commit identity theft crime. The powerful criminal statute, identity theft offense (18 U.S.C. § 1028(a) (7)), and other federal criminal offenses.

The federal law against identity theft has not been possible until 1998 when exemplary cases of identity theft made it clear that the crime deserve a heavier sentence.

Now, there are a number of federal laws applicable to identity theft. Some of these are used for prosecution of identity theft offenses. Some are there to assist victims in repairing recouping their credit record and reputation.

The primary identity theft statute is 18 U.S.C. § 1028(a) (7) enacted on October 30, 1998. It became part of the Identity Theft and Assumption Deterrence Act (Identity Theft Act). This was a solid support to strengthen the criminal offense of identity theft acts since the 18 U.S.C. § 1028 previously addressed only the fraudulent creation, use, or transfer of identification documents, and not the theft or criminal use of the underlying personal information.

To criminalize the fraud in connection with the unlawful theft and misuse of personal identifying information, the Identity Theft Act also added §1028(a) (7). Now,  regardless of whether the information appears or is used in documents this additional provision states that it is already unlawful for anyone who consciously transfer or use, without lawful authority the identification of another person.

The Identity Theft Act also made way for the review and amendment of Sentencing Guidelines and penalties imposed for each offense under Section 1028 by the United States Sentencing Commission.

These major steps and many others, by the Federal government demonstrate that now, the whole US regards identity theft as a serious crime problem. Further, it is also an indication that the Federal government, together with the States is already requiring a comprehensive and coordinated approach to fighting identity theft.

Since minute data shows that identity theft does not choose specific victims, even people who handle their personal data carefully are prone to become victims, federal prosecutors are now actively doing all means to combat it effectively. Throughout the country, the federal government assures that it will be a continuing campaign with close coordination with the FTC and other agencies.

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