July 2007
Law Enforcement Issues and Response
Since passage of the 1998 Federal identity theft law and subsequent legislation, [1] (see Identity Theft Legislation), much attention has been given to police response to victims. The 1998 law gave prime responsibility to the Federal Trade Commission to assist consumers who have been victimized. Legislation requiring credit reporting agencies to respond quickly to correct victims' records will likely increase the number of reports to police, since affidavits filed by victims with credit agencies require a police report. Two issues need to be researched regarding police response to identity theft:
What did the researchers find? No research has been conducted on the effectiveness of police response to victim needs. Evidence available is mostly anecdotal, either collected by various interests or victim testimony to congressional committees. Despite the lack of research results on police awareness of identity theft, the researchers found many recommendations for police response to alleviate the harm done to victims, chiefly:
Aside from providing anonymity, identity theft offers many offenders the advantage of physical distance, a serious problem for both victims and authorities attempting to bring offenders to justice. Jurisdictional issues complicate the reporting, investigation, and prosecution of identity theft cases, as well as the creation and effectiveness of related legislation. Identity theft is often wrapped up in other offenses that may involve intricate components. Examples of difficulties law enforcement and prosecutors face are:
Overall, the ability to link information in identity theft investigations is critical, and more work should be done to obtain information-sharing agreements among relevant agencies and jurisdictions.
[1] Fair Credit Reporting Act, section 609(e). 2003 amendments to this Act make it easier for police to obtain financial records of a victim without a subpoena, so long as they have the victim's consent. [2] Gayer, J., "Policing Privacy: Law Enforcement's Response to Identity Theft," California: CALPIRG Education Fund, 2003. Exit Notice |
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