This page is specifically designed to help law enforcement in the fight against identity theft crimes.
- VICTIM INTERVIEW CHECKLIST
- THE POLICE REPORT
- INVESTIGATING
- REFERRING THE VICTIM TO OTHER LAW ENFORCEMENT AGENCIES
- FEDERAL LAWS REGARDING IDENTITY THEFT
- PENNSYLVANIA LAWS REGARDING IDENTITY THEFT
2006 Victim Service Program Referral Handbook
- Prepare the victim for the investigation.
- Ask the victim to create a timeline of recent activity.
- Does the victim have a suspect in mind? According to an FTC survey, 26% of ID theft victims know the perpetrator.
- Is the victim willing to assist in prosecution?
- Obtain a credit report and review it for additional inconsistencies and fraudulent accounts. Credit Reporting Companies.doc
- Sign authorizations – Get consent from the victim to allow access to the victim’s financial institutions.
- File complaint with FTC www.ftc.gov/ and/or U.S. Postal Inspection Service www.usps.com/postalinspectors
- Download the FTC form at: https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=
- Have the victim complete the FTC Identity Theft Affidavit. http://www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf A copy of this should be attached to the Police Report and filed with the credit bureaus, credit card companies, collection agencies, and any other companies where accounts have been compromised.
- Ask victim to forward regular and electronic mail (use the “forward” function) if applicable to the identity theft crime.
- Keep in mind that ID theft is an emotional as well as an economic crime.
Why is it so important?
A police report establishes that the victim did not authorize the use of their information and offers victims an opportunity to block all identified fraudulent accounts on their credit reports. Quite often a police report is required by defrauded companies or credit card issuers in order to initiate their own investigations. Victims of identity theft will often be hesitant to file a report. Please remind them that this is a tool that not only helps the community fight against identity theft, but could also come in handy in the victim’s own fight to restore their credit and good name.
Report Content Checklist
NOTE: The International Association of Police Chiefs, the Federal Trade Commission, the U.S. Secret Service and U.S. Postal Inspectors endorse the position that victims should file reports where they reside.
Provide a brief summary of the crime.
Obtain all identifying information of the victim.
Document the nature of the fraud or other crime committed in the victim's name.
Determine what identifying information was used to commit the fraud.
Determine the last time that identifying information was disclosed.
FACT Act requires local law enforcement agencies to provide a police report to victims of ID theft.
If the victim hasn’t already done so, encourage the victim to cancel fraudulent or compromised accounts immediately. This will minimize the damage that can be done and will ultimately make your investigation easier to manage.
Contact financial institutions or merchant security departments and ask for documentation on all fraudulent or suspect accounts. (The victim will have to give prior authorization before you can obtain access. But in the chaos, the victim might forget. Remind him/her.)
Get copies of fraud applications, sales drafts with forged signatures, and any identification presented by the suspect. (Victim authorization required.)
When determining the identity of the perpetrator:
- Ask the victim if the perpetrator could be a family member or acquaintance.
- Track down the address for deliveries if the identity theft happened via mail order, phone, or an Internet purchase. Local postal inspectors may also have information on addresses and post office boxes.
- Many places have surveillance cameras. If this is the case for this crime, acquire the photos and/or surveillance equipment.
- Obtain a physical description from merchants.
- Victim Profiles (i.e., several victims attend the same conference?)
- Handwriting comparisons are very helpful in prosecutions of this kind of crime. Acquire and log all such evidence.
- Controlled delivery
- If the crime involved online activity, Internet Protocol addresses (IP addresses) can be “pulled” out and used to track the perpetrator down. This information can also be used as evidence in prosecution.
Creating a strong case that will stand up in court is the happy ending everyone hopes for… well, except the thief. Careful attention to detail will help build a strong and successful case against the perpetrators of this crime.
Organize the investigation prior to filing criminal charges.
Ask about important details, especially timelines and chronology from victim.
Document all phone calls conducted during the investigation.
Present documents and evidence to the prosecutor in logical order.
Always prepare the documents in a format that is admissible in court.
REFERRING THE VICTIM TO OTHER LAW ENFORCEMENT AGENCIES
There are many resources for identity theft that can be of assistance to the victim. Depending on the type of identity theft, referrals to other agencies can be quite helpful and may sometimes be necessary.
FBI www.fbi.gov
U.S. Postal Inspection Service www.usps.com/postalinspectors
Internal Revenue Service www.irs.gov
PA Office of Attorney General www.attorneygeneral.gov
The Fair Credit Reporting Act
The Act can be found at this site: Fair Credit Reporting Act
The Fair Credit Reporting Act establishes procedures for correcting mistakes on your credit record and requires that your record only be provided for legitimate business needs.
Fair and Accurate Credit Transactions Act
The Act can be found at this site: Fair and Accurate Credit Transactions Act
The Fair and Accurate Credit Transactions Act is actually an amendment to the Fair Credit Reporting Act and provides several new measures to protect consumers from identity theft.
The Fair Credit Billing Act
The Act can be found at this site: Fair Credit Billing Act
The Act establishes procedures for resolving billing errors on your credit card bills and statements with regard to your credit card accounts. The Act also limits your liability for unauthorized or fraudulent credit card charges.
The Fair Debit Collection Practices Act
The Act can be found at this site: The Fair Debit Collection Practices Act
The Fair Debt Collection Practices Act prohibits debt collectors from using unfair or deceptive practices to collect overdue bills that your creditor has forwarded for collection.
Identity Theft and Assumption Deterrence Act
The Act can be found at this site: Identity Theft and Assumption Deterrence Act
The Act makes it a federal crime when someone knowingly transfers or uses, without authority, a person's identification such as their name, social security number, credit card, cellular telephone, electronic serial number or any other piece of information that may be used to commit a crime that is a violation of federal law, or constitutes a felony under any state or local law.
Identity Theft Penalty Enhancement Act
The Act can be found at this site: Identity Theft Penalty Enhancement Act
The Identity Theft Penalty Enhancement Act establishes penalties for aggravated identity theft.
PENNSYLVANIA LAWS
Identity Theft Title 18 Pa C.S. 4120
In Pennsylvania, a person commits the offense of identity theft of another person if they possess or use, through any means, identifying information of another person without the consent of that other person to further any unlawful purpose.
Under the law, a police report taken by a local, county, or state law enforcement agency by a person stating that their identifying information had been used without their consent shall be considered evidence that the information was used or possessed without the person's consent.
Unlawful Use of Computer - Title 18 Pa C.S. 7611
Under the law, a person commits the offense of unlawful use of computer if they intentionally or knowingly and without authorization gives or publishes a password, identifying code, personal identification number, or other confidential information about a computer, computer system and or database, world wide web (www) site, or telecommunication device.
Computer Trespass - Title 18 Pa C.S. 7615
Under the law, a person commits the offense of computer trespass if they knowingly and without authority or in excess of given authority use a computer or computer network with the intent to effect the creation and or alteration of a financial instrument or an electronic transfer of funds.
Forgery - Title 18 Pa C.S. 4101
Under the law, a person is guilty of forgery if they intentionally defraud or injure anyone by altering any writing of another without their authority or makes, completes, executes, authenticates, issues or transfers any writing so that it gives the appearance of being the act of another.
Bad Checks - Title 18 Pa C.S. 4105
Under the law, a person commits the offense of bad checks when he or she issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.
Access Device Fraud - Title 18 C. S. 4106
Under the law, a person commits access device fraud if they use a credit card, debit card, automated teller machine card, plate, code, account number, personal identification number or other means of account access to obtain or attempt to obtain property or services; or if they publish, make, sell, give, or transfer to another the means of account access knowing it is counterfeit, altered, incomplete or belongs to another person.