Identity theft—what it isn’t
Four examples of what most people generally refer to as identity theft are:
- A person is charged criminally with the offense of driving while intoxicated (DWI). Unknown to you, the felon’s
driver’s license and auto insurance card were obtained by using your name, social security number and date of birth.
- An uninsured person obtains medical services by presenting a forged social security card containing your name and social security number.
- A person purchases a tank of gas by swiping your lost credit card in a gas pump card reader.
- A teenager finds a discarded document on the street containing your name, social security number and date of birth. She uses the information to open a bank account in your name.
Which of the four scenarios would be best characterized as something other than identity theft?
Which is the best example of new account fraud?
Which is the best example of existing account fraud? (The answers are given at the end of this article.)
Identity theft means different things to different people. Identity theft occurs when someone assumes your name and a personal identifier such your social security number, driver’s license number or a financial account number with the intent to misuse your identity. Identity fraud occurs when a person assumes your name and personal identifier(s) to commit financial or non-financial fraud. Identity theft and identity fraud are commonly used interchangeably to mean the same thing.
Federal law defines identity theft as knowingly transferring or using, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity. The penalty is up to 15 years imprisonment. However, identity theft or fraud usually involves violations of other statutes such as identification fraud, credit card fraud, computer fraud, mail fraud, wire fraud or financial institution fraud. Each of these federal offenses is a felony offense that carries penalties some as high as 30 years' imprisonment plus fines.
Identity theft may result in many different types of fraud that can be financially costly and complicated for a victim to unravel. It may take victims years to learn that their identity has been misused, and it can take victims years to restore their good name. Some of victims are jailed because of mistaken identity. Victimized children may face problems when they apply for a driver’s license or for college. Families may find that a deceased loved one was a victim of identity theft long after their death, and some deceased become victimized after their death. When a deceased person has been victimized, complications can arise during the probate process.
Crimes that can be committed under the identity of an innocent person include: obtaining or fabricating false government identification such as social security cards, driver’s licenses and passports that can be used for nefarious purposes such as eluding law enforcement and acts of terrorism; and for various types of fraud—loan, credit or bank account, employment, government benefits, medical care, and insurance. A fake identification card, such as a fake social security card with your name and social security number, can be reproduced and sold repeatedly. In other words, many different people can be using your identity.
Anyone can be victimized by identity theft. It’s a crime that that doesn’t discriminate. It doesn’t matter if you are rich or poor, a newborn, a teenager, a senior or if you are dead.
Although we often hear of identity theft in the context of credit card and bank fraud, start thinking about it more broadly and look for clues in other parts of your life that you may be a victim. Answers: 3,4,3.
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