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Federal Laws Against Identity Thefts – How Awareness Can Protect You

Sat, 12 Feb 2011 04:25:19 +0000

Federal Laws Against Identity Thefts – How Awareness Can Protect You

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Home Page > Law > Personal Injury > Federal Laws Against Identity Thefts – How Awareness Can Protect You

Federal Laws Against Identity Thefts – How Awareness Can Protect You

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In the United States alone, this is the fastest growing crime. In 2002, the Federal Trade Commission or simply put the FTC reported 43 percent of the fraud complaints they received where for identity theft. With the 2003 report, the incidents reached close to 10 million.

For every five families, there is always one who will fall prey to these thieves. It is hard not to be a victim even when every precaution in the book has been taken. Even though it seems you have safe guarded your data, the thieves always manage to stay a step ahead.

Understand that everything you do leaves a trail. Whether you use your pin number, write a check, sign up for a credit card or even order something online, thieves, if they want, will get your information.

No matter how hard you try, there lurks the possibility that existing information can still find their way to the identity thieves. Be aware of this fact and cautious with whom you give your vital data out to. Knowing this tactic, can put you above those who just give out their information.

It has been estimated that people spend approximately $500 and more than 30 hours to resolve. Some cases begin from a credit getting stolen to a person’s identity being completely “kidnapped”. These crimes are hard to prevent. Because of this, identity theft is hard to correct.

Identity theft is considered a white collar crime. It is because the thieves get in touch with the person directly to steal the information by deception and lies. They will also try and get any money from them that they can.

This crime does not need face to face contact for the thief to steal your identity or your cash. The ID theft is not committed just for the sake of having it but rather using it for other criminal means including to commit fraud.

Until 1998, the federal law had not caught up with this type of crime. In fact, it wasn’t until that year, that cases of a bigger magnitude started to show up. It was then that people began to see they needed a heavier sentence imposed on those who committed the fraud in the first place.

Thanks to these numerous cases, the laws were changed so some of these could be used as prosecuting the thieves. Some were changed or enhanced to repair their credit reports or recoup their losses and reputations.

The primary identity theft statute is 18 U.S.C.

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Abhishek is a Personal Security expert and he has got some great Identity Theft Prevention Secrets up his sleeves! Download his FREE 136 Pages Ebook, “Identity Theft – Don’t Be The Next Victim!” from his website http://www.Survival-Today.com/14/index.htm . Only limited Free Copies available.

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Identity Theft Laws – Reasons They Are Inadequate

Wed, 09 Feb 2011 04:24:42 +0000

Identity Theft Laws – Reasons They Are Inadequate

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Identity Theft Laws – Reasons They Are Inadequate

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Have you ever felt pity for those who have suffered from the effects of identity theft? Should you be in their same situation suffering from identity theft, your life may be like theirs and you would understand and feel pity. It is this reason here that laws were passed to detour this continuous threat of security to everyone in the country including business and individuals.

Consumers’ awareness to this threat has finally peaked within the last five to ten years. Largely due to the media attention it has gotten, people are more aware of when they give out their personal data and especially when it is given out without their consent, such is the case on the Internet.

With the widespread attention and public outcry, federal and state legislation have been brought up regarding Identity theft issues.

ID Theft and Assumption Law

On the federal level, the Identity Theft and Assumption Deterrence Act (18 USC 1028) was passed in 1998. When the law passed, it made any type of identity theft a felony. The law states that if a person knowingly uses the identification of another person with the sole purpose to commit some type of unlawful crime under both the state and federal laws.

Those who, in turn, violated this law, were put under close supervision by several federal agencies including:

- U.S. Secret Service
- the Social Security Administration
- the Federal Bureau of Investigations (FBI)
- the U.S Postal Service

Criminals were then prosecuted by:

- the U.S. Department of Justice.

The law does allow for victims to be reimbursed. This reimbursement was established within the Federal Trade Commission as an identity theft clearinghouse.

Following on the federal law’s heels, 40 states have criminalized identity theft, most of them being a felony.

Senate Bill 2328 called the Identity Theft Prevention Act of 2000 signed by Sen. Feinstein, Kyl and Grassley. They wanted more attention to direct on prevention matters before theft occurs. They wanted also to find out where the prevention should be taken and where the preventions should belong.

President George W. Bush signed the Identity Theft Penalty Enhancement Act or ITPEA as an addition to many of these laws.

What are the provisions of this identity theft law?

When a theft is found to have occurred, it is made a felony with a mandatory two-year sentence in prison. Should any of the theft be related to terrorist activity, there will be an additional five years tacked on.

It also orders the U.S. Sentencing Commission to strengthen its penalties should the theft be found in the role regarding employment.

Many people are happy that identity theft is now being prosecuted but still say the credit bureaus and the industry itself has to make necessary changes before all is said and done.

Laws were also needing to address the frustration that victims felt and a way to for them to let others know they have criminal record that is not theirs.

Some bills that were passed include a provision, which made it possible for people to get contents regarding their own information that has been put together by information broker, employment background checks and an individual reference service.

For those who had criminal records that is not of their own doing, there must be a way for those people to clear it up an expedited process. These would involve the law enforcement where the arrest was first made and the court issues the warrant. Currently, there is no such remedy for victims of identity theft with criminal records

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Im a live in caregiver here in canada going 2 years next year february 2011,my mother in law whose in the philippines planning to deporting me. what are the possible reason for them to do that.thank u

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Understanding Federal Laws on Identity Theft

Mon, 30 Nov 2009 04:35:23 +0000

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.

Want to find out about dreams about death, dreams about spiders and other information? Get tips from the Knowledge Galaxy website.

Identity Theft Laws – How The Legal System Can Protect You

Wed, 04 Nov 2009 04:24:08 +0000

l information to carry out a crime under a false identity.

In 2003, the Federal Trade Commission said that reports of identity theft were up 33% from the year before, that they were aware of over 200,000 cases of identity theft in 2003. States with the most reported cases of identity theft were Arizona, Nevada, California, Texas, and Florida. And for almost three quarters of the fraud cases reported, the use of victims’ personal information was used for credit card, phone or utility, or bank fraud. They also found that, on average, the misuse of victims’ personal information lasted from three to six months and resulted in a total loss of about $5 billion to victims, plus over 300 million hours of personal time resolving the problems once discovered.

The 2003 FTC Survey reported over $50 billion in losses to business as a result of identity theft. They also reported that, in that year, each victim spent from $500 to $1200 and from 30 to 60 personal hours to have their credit problems resolved. Unfortunately, there is little hope that this trend will decrease in the near future. Identity theft seems to be getting easier, not harder, and the criminals are learning how to hide their crimes from victims longer and to hide their person from law enforcement altogether.

Unfortunately, there is no single database in the U.S. covering identity theft cases, and the Committee suspects that the number of crimes are vastly underreported. Classifying these crimes as identity theft varies from state to state and from police department to police department. The 2003 study revealed that 60% of victims of identity theft had not reported the crime to their police department! Only one in five had even reported the problem to their credit bureau.

Identity theft crimes are investigated at the federal level by federal agencies like the Secret Service and the FBI. The Department of Justice usually prosecutes the cases through a local U.S. Attorneys’ office. In 2000, U.S. Attorneys reported that they had filed over 2000 cases of identity theft across the country (compare this to the 9 million victims per year). That year, the Secret Service made over 3000 arrests, and average actual loses to victims in cases that were closed equaled over $46,000 each. The FBI reported 1425 convictions for identity theft, over a thousand of those for bank fraud. The Postal Inspection Service made a little over 1700 arrests in 2000. Even the IRS reported actual and suspected cases of identity theft in questionable tax returns in 2000, estimating that they had received around 150 thousand fraudulent returns and fraudulent claims for more than $750 million in refunds. Today, the federal government recognizes that identity theft is the fastest-growing financial crime in America.

One reason for the apparently low proportion of prosecutions and convictions for identity theft has been the government’s inability to define the specific crimes. In 1998, Congress passed the first law addressing identity theft, the Identity Theft and Assumption Deterrence Act, making identity theft a named federal crime and making it a little easier to prosecute. The Act made the Federal Trade Commission responsible for receipt of complaints and public education about identity theft.

The Identity Theft Penalty Enhancement Act of 2004 established penalties for aggravated identity theft, including those instances where identity theft was used to commit more serious crimes. The Fair and Accurate Credit Transactions Act of 2003 amended the Fair Credit Reporting Act to address identity theft and related consumer issues, making it possible for victims to work with creditors and credit bureaus to remove negative information due to identity theft in their credit report. The Internet False Identification Act of 2000 amended the older False Identification Crime Control Act of 1982 to encompass computer-aided false identity crimes. Violators face fines and/or imprisonment for producing or transferring false identification documents.

Experts encourage people to be proactive in taking steps to prevent and discover identity theft. Clearly, keeping it from happening in the first place is far less stressful than trying to resolve issues after identity theft crimes are committed. Here are a few of the things you can do to protect your personal financial information from identity theft criminals:

- Secure your personal information at all times. Don’t leave lists of account numbers unlocked, and don’t share your user IDs or passwords with ANYone. Maintain as much control over your personal financial information as you can.

- Don’t throw mail away if in contains any personal information, including your full name and address. Shred these documents before putting them in the garbage.

- Educate yourself about the techniques and tactics used in identity theft and protect yourself accordingly.

- Don’t share personal account information with anyone, including co-workers, friends, and roommates. Unless they are also responsible for paying your bills, they have no reason to have this information. And don’t give them your passwords without a very good reason. If you do share your passwords, change them as soon as possible.

- Shred unwanted and pre-approved credit applications, and have your name removed from those mailing lists.

- Be careful when you make purchases online to use only secure servers and to carefully guard your information. Do not keep a written list of passwords, and use passwords that are difficult to figure out (rather than something simple like your phone number).