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Identity Theft
“Publicity regarding severe cases of identity theft in the print and electronic media and portrayal of the risk of identity theft in a number of effective television commercials have raised public awareness about identity theft. Arguably, however, few persons are aware of the complexities of the many issues involved with this crime, which is really a large set of fraudulent activities ranging in size from minor swindles to major crimes using stolen identities.” (Identity Theft -- A Research Review, National Institute of Justice, 2007).
Summary
Identity theft and identity fraud are terms used to refer to types of crime in which someone wrongfully obtains and uses another individual's personal data in a way that involves fraud or deception, typically for economic gain. Unlike fingerprints, which are unique to an individual and cannot be given to someone else for their use, personal data - especially Social Security numbers, bank account or credit card numbers, telephone calling card numbers, and other valuable identifying data - can be used by someone to personally profit at the victim's expense (Identify Theft and Identity Fraud Web page, U.S. Department of Justice).
Unauthorized persons take funds out of others' bank or financial accounts or take over their identities altogether, running up debts and committing crimes while using the victims' names. A victim's losses may include not only out-of-pocket financial losses, but additional costs associated with trying to restore his reputation in the community and correcting erroneous information about his financial or personal status (Identify Theft and Identity Fraud Web page, U.S. Department of Justice).
According to the U.S. Federal Trade Commission (FTC) report ID Theft: What's It All About (2005), identity thieves use a variety of methods to gain access to your personal information. For example:
- They get information from businesses or other institutions by:
- stealing records from their employer,
- bribing an employee who has access to these records, or
- hacking into the organization's computers.
- They rummage through your trash or the trash of businesses or dumps in a practice known as dumpster diving.
- They obtain credit reports by abusing their employer's authorized access to credit reports or by posing as a landlord, employer, or someone else who may have a legal right to the information.
- They steal credit and debit card numbers as your card is processed by using a special information storage device in a practice known as skimming.
- They steal wallets and purses containing identification and credit and bank cards.
- They steal mail, including bank and credit card statements, preapproved credit offers, new checks, or tax information.
- They complete a “change of address form” to divert your mail to another location.
- They steal personal information from your home.
- They scam information from posing as a legitimate business person or government official.
New methods of identity theft continue to appear. During 2003 and early 2004, for example, a form of identity theft called phishing gained prominence. Phishing involves creating and using e-mails and Web sites designed to look like those of well-known, legitimate businesses, financial institutions, and government agencies to deceive Internet users into disclosing their personal information (e.g., bank and financial account information, usernames, passwords). The phishers then take that information and use it for criminal purposes, such as identity theft and fraud (Special Report on "Phishing", U.S. Department of Justice, 2004).
Various Federal and numerous State and local law enforcement agencies are responsible for investigating identity theft crimes. The Identity Theft Assumption and Deterrence Act of 1998 (Public Law 105-318) made identity theft a separate crime against the person whose identity was stolen, broadened the scope of the offense to include the misuse of information as well as documents, and provided a maximum sentence of up to 25 years.1 Increased penalties were later prescribed for aggravated identity theft, an offense established in the Identity Theft Penalty Enhancement Act of 2004. Also, most States have enacted laws that criminalize identity theft (Identity Theft: Greater Awareness and Use of Existing Data are Needed, U.S. General Accounting Office, 2002).
Despite these actions, multijurisdictional issues - such as when a perpetrator steals personal information in one city and uses the information to conduct fraudulent activities in another city or state - and lack of training and resources, have presented challenges to law enforcement in the investigation and prosecution of complex identity cases. Because identity theft is still a "nontraditional" crime, some police departments may be unaware of the importance of taking reports of identity theft or initiating investigations (Identity Theft: Greater Awareness and Use of Existing Data are Needed, U.S. General Accounting Office, 2002).
The passage of Federal and State identity theft legislation indicates that this type of crime has been widely recognized as a serious problem across the Nation. Now, a current focus for policymakers and criminal justice administrators is to ensure that these laws are effectively enforced (Identity Theft: Greater Awareness and Use of Existing Data are Needed, U.S. General Accounting Office, 2002).
As part of its series on problem-specific guides for police, the Center for Problem-Oriented Policing has available a guide to help law enforcement professionals determine what they can do to prevent identity theft and help victims in their jurisdictions. The guide addresses identity theft, describing the problem and reviewing factors that increase the risks of it. It then identifies a series of questions to help police analyze their local problem. Finally, it reviews responses to the problem and what is known about them from evaluative research and police practice (Identity Theft, Center for Problem-Oriented Policing, 2004).
1See the United States Sentencing Commission Report, Identity Theft: Final Report for details on the Identity Theft Assumption and Deterrence Act's impact upon sentencing guidelines.
This topical resource on
Identity Theft
contains the following information:
Facts and Figures – Includes the latest information and statistics.
Legislation – A sample of links to online Federal and State legislation and testimony.
Publications – A sample of available resources.
Programs – Examples of State and local programs and initiatives available online.
Training and Technical Assistance – A sample of training and technical assistance opportunities available through nationally recognized agencies and associations.
Grants and Funding – Links to Federal funding opportunities.
Related Resources – Examples of nationally recognized agencies and organizations that provide services or information.
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Summary