CJ230CJ230

Unit 9 SeminarUnit 9 Seminar

Expectations for the WeekExpectations for the Week

Read Chapter 13 in Read Chapter 13 in Contemporary Contemporary Criminal LawCriminal Law

Respond to the Discussion Board Respond to the Discussion Board questionquestion

Attend the SeminarAttend the Seminar Complete the Final ProjectComplete the Final Project Review the Supporting MaterialsReview the Supporting Materials Visit Take A Break!Visit Take A Break! Take the Final Exam Take the Final Exam

Questions regarding Unit 8 Questions regarding Unit 8 or this week’s expectations? or this week’s expectations?

Seminar TopicSeminar Topic

Identity TheftIdentity Theft

Identity Theft Identity Theft

Also know as identity fraud, ID theft Also know as identity fraud, ID theft and ID fraud - is fraud perpetrated by and ID fraud - is fraud perpetrated by a criminal who assumes someone a criminal who assumes someone else's identity in order to profit else's identity in order to profit illegally.illegally.

http://www.id-theft-info.comhttp://www.id-theft-info.com//

Methods by which identity Methods by which identity theft occurs theft occurs

Shoulder surfing (at the ATM)Shoulder surfing (at the ATM) Dumpster Diving (Sifting through trash)Dumpster Diving (Sifting through trash) Theft of wallet, purse backpackTheft of wallet, purse backpack Theft of mail (pre-approved credit card Theft of mail (pre-approved credit card

applications)applications) Theft of receipts from retailers (restaurants, Theft of receipts from retailers (restaurants,

stores)stores) Phishing Schemes (email used by imposters Phishing Schemes (email used by imposters

posing as banks and other entities to gain posing as banks and other entities to gain personal information) Paypal, Nigerian personal information) Paypal, Nigerian lotterylottery

Types of crime that can occur Types of crime that can occur with stolen identitywith stolen identity

Credit card fraudCredit card fraud Lease of apartment in another’s nameLease of apartment in another’s name Bank fraud (use of debit card, ATM Bank fraud (use of debit card, ATM

card, application for loans, etc)card, application for loans, etc) Obtaining government benefits (ex. Obtaining government benefits (ex.

Use of city utilities in another’s name, Use of city utilities in another’s name, use of health benefits ex. Mass Health)use of health benefits ex. Mass Health)

Filing of fraudulent tax returnsFiling of fraudulent tax returns

Internet’s affect on identity Internet’s affect on identity theft theft

Ease of information for hackersEase of information for hackers Loss of privacy controlsLoss of privacy controls Carelessness of consumers in Carelessness of consumers in

protecting their information onlineprotecting their information online

Detection and Prevention of Detection and Prevention of identity theftidentity theft

Careful monitoring of finances (bank Careful monitoring of finances (bank and credit card statements)and credit card statements)

Report issues immediatelyReport issues immediately Shred all documentsShred all documents Frequently change online passwordsFrequently change online passwords Do not give out personal informationDo not give out personal information Get a copy of your credit report Get a copy of your credit report

once/year once/year

Identity Theft and Assumption Identity Theft and Assumption Deterrence Act of 1998Deterrence Act of 1998

Title 18 of U.S. Code Section 1028 makes Title 18 of U.S. Code Section 1028 makes identity theft a Federal crime with penalties identity theft a Federal crime with penalties up to 15 years imprisonment and a maximum up to 15 years imprisonment and a maximum fine of $250,000. fine of $250,000.

It establishes that the person whose identity It establishes that the person whose identity was stolen is a was stolen is a true true victim. Previously, only victim. Previously, only the credit grantors who suffered monetary the credit grantors who suffered monetary losses were considered victims. losses were considered victims.

This legislation enables the Secret Service, This legislation enables the Secret Service, the Federal Bureau of Investigation, and the Federal Bureau of Investigation, and other law enforcement agencies to combat other law enforcement agencies to combat this crime. this crime.

State lawState law

Example of MA law in part:Example of MA law in part:“…“…Whoever, with intent to defraud, poses as Whoever, with intent to defraud, poses as

another person without the express authorization another person without the express authorization of that person and uses such person’s personal of that person and uses such person’s personal identifying information to obtain or to attempt to identifying information to obtain or to attempt to obtain money, credit, goods, services, anything of obtain money, credit, goods, services, anything of value, any identification card or other evidence of value, any identification card or other evidence of such person’s identity, or to harass another shall such person’s identity, or to harass another shall be guilty of identity fraud and shall be punished be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and in a house of correction for not more than two and one-half years, or by both such fine and one-half years, or by both such fine and imprisonment…” M.G.L. Ch. 266 Sec. 37Eimprisonment…” M.G.L. Ch. 266 Sec. 37E

Statistics on Identity Theft Statistics on Identity Theft · 1.1 million adults were victims of identity theft · 1.1 million adults were victims of identity theft

in 2009 in 2009 · The total fraud amount was $54 billion · The total fraud amount was $54 billion · The average victim spent 21 hours and $373 · The average victim spent 21 hours and $373

out of pocket resolving the crime out of pocket resolving the crime · 4.8% of the population was a victim of identity · 4.8% of the population was a victim of identity

fraud in 2009 fraud in 2009 · 13% of identity fraud crimes were committed · 13% of identity fraud crimes were committed

by someone the victim knewby someone the victim knew Javelin 2010 Identity Theft Report Javelin 2010 Identity Theft Report

http://www.prnewswire.com/news-releases/jhttp://www.prnewswire.com/news-releases/javelin-study-finds-identity-fraud-reached-neavelin-study-finds-identity-fraud-reached-new-high-in-2009-but-consumers-are-fighting-w-high-in-2009-but-consumers-are-fighting-back-83987287.htmlback-83987287.html

Identity theft is harmful to Identity theft is harmful to societysociety

13: Identity theft is harmful to society13: Identity theft is harmful to society Takes law enforcement away from other Takes law enforcement away from other

dutiesduties Cost to companies to increase their Cost to companies to increase their

safeguards leads to increases in the cost safeguards leads to increases in the cost of goods and services to consumersof goods and services to consumers

Time taken by victims to resolve problems Time taken by victims to resolve problems caused by identity theft takes them away caused by identity theft takes them away from job and familyfrom job and family

Great emotional strain on victimsGreat emotional strain on victims Hurts economy when people are fearful of Hurts economy when people are fearful of

using credit card for e-commerceusing credit card for e-commerce

What to do if you are a What to do if you are a victimvictim

Contact the fraud departments of each of Contact the fraud departments of each of the three major credit bureausthe three major credit bureaus

File a report with the policeFile a report with the police Notify all creditors and banksNotify all creditors and banks Notify law enforcementNotify law enforcement File claim with FTC (federal trade File claim with FTC (federal trade

commission) who will share your commission) who will share your information with fraud investigating information with fraud investigating agenciesagencies

Notify any agency that deals with the Notify any agency that deals with the identity that has been compromised (DMV, identity that has been compromised (DMV, Social security office, US postal service)Social security office, US postal service)

Questions?Questions?

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