Misuse of this information can include everything from creating false identifications, possessing identification information that is not your own, or even owning or transferring a machine to produce false identification pieces. There are three kinds of fences, or criminal receivers: professional receivers, avocational receivers, and amateur receivers. Identity Theft and Assumption Deterrence Act of 1998 This was included in the Bill signed by the President. Once armed with this information… 3653 Words 15 Pages Introduction: Identity theft is one of the fastest growing crimes statistically according to the Federal Trade Commission. Identity theft cases can get out of hand, but usually there are only one or two victims in each case. Section 105 b of the Ethics in Government Act of 1978 5 U.
It should also provide you leverage to influence law enforcement to investigate your case. It is not intended as, nor should it be construed to be, legal, financial or other professional advice. Jeffrey Gerald Jackson, otherwise known as Troy Lee Evans, was arrested on September 4,2012 for identity theft. This strong legislation made laws concerning identity theft very specific while ushering in severe criminal penalties, removing any loopholes that allowed identities thieves to get off scot-free. Last year alone, more than 9.
However, if the offense is committed to facilitate a drug trafficking crime or in connection with a crime of violence, the term of imprisonment could be up to twenty years. According to the Federal Trade Commission, identity theft complaints have decreased since year 2008 314,521 to 250,854. For these, things we all take as many necessary steps as we can to help lower the chances of them happening to us because they are on the forefront of our minds. High-level burglars are professionals who earn a good living from the proceeds of their crimes, which are carefully planned, including target selections. The perpetrator served only a short sentence for making a false statement to obtain the firearm, and was not ordered to make any to the victim. It includes the misuse of any , which could include name, , account number, , or other information linked to an individual, to commit a violation of federal or state law. For relatively minor infractions, the individual can face up to three years in prison.
The Act is intended to cover a variety of individual identification information that may be developed in the future and used to commit identity theft crimes. Previously, only the credit grantors who suffered monetary losses were considered victims. Section 3 of the Act amends 18 U. . The first federal law to make identity theft a crime. Customer Assistance Guidelines If an institution suspects an illicit attempt has been made to obtain a customer's identity information, it should immediately report the matter to the proper authorities. Anyone can be the next victim of identity theft.
The Act designates the Federal Trade Commission to serve as an advocate for victims of identity fraud. In 2010, the was updated with the Red Flag Clarification Act. Criminal Identity Theft Criminal identity theft occurs when a person identifies himself as another person to avoid detection by law enforcement, to evade arrest, or to evade prosecution for a crime. While they do not have jurisdiction over the criminal activity, they can help you in the process of retrieving your lost money. These include: Identity Cloning and Concealment This type of identity theft occurs when the perpetrator wants to take on the identity of another in order to conceal his true identity. As the popularity of the Internet continues to grow, making identity theft a more complex crime, laws pertaining to this crime have evolved. First, the Identity Theft Enforcement and Restitution Act of 2008 makes damaging 10 or more computers a year that are used by the federal government a felony.
Technical Amendments to Title 18, United States Code. Eventually, Phillip Cummings was tracked down and pled guilty to the crimes. It also authorized the to register complaints of and all federal law enforcement agencies to investigate and prosecute them. Only when rose dramatically in the 1990s, did decide to address the issue directly. The Identify Theft and Assumption Deterrence Act of 1998 In 1998, identity theft officially became a federal crime. If you find out your Social Security or financial details have been compromised, you need to take fast action. Phone: 800 525-6285 Mail: P.
Identity Theft Laws Each state has laws that define and punish the crime of identity theft. But the largest case of identity theft in U. When this occurs, it may be difficult for the victim to clear his name completely, as it is an extensive process that involves the court system. The three basic categories of burglars are low-level, middle-range, and high-level. Technical Amendments to Title 18, United States Code. Under the Identity Theft Assumption Deterrence Act of 1998, identity theft is defined as any misuse of identification documents or information, including Social Security number, name, or even an account number and password. Constitutional Authority to Enact this Legislation.
Consequently, victims of identity theft also may report instances of identity theft to state or local law enforcement agencies, which have authority to investigate these violations. Origin 1995-2000 English What is Identity Theft With certain identifying information, dishonest individuals can assume the identity of another person, to act in his or her name to obtain financial gain. Identity theft is a common practice criminals use to lure and reel in potential clients through spam, social network, trojan, voice phishing, credit card, and many more. Types of Identity Theft In addition to the obvious reason of obtaining direct financial gain, it is not uncommon for identity theft to be committed in order to facilitate other crimes. Amendment of Federal Sentencing Guidelines for Offenses Under Section 1028.
The Act criminalizes fraud in connection with the unlawful theft and misuse of personal identifying information, regardless of whether the information appears or is used in documents. The Criminal Division oversees all the federal criminal laws and how they are enforced and applied. First, a target of cannot sue directly. It allows for the identity theft victim to seek restitution if there is a conviction. Redaction of Ethics Reports Filed by Judicial Officers and Employees Short Title. In addition, institutions should directly contact the appropriate law enforcement agencies if the situation appears to require immediate attention. This occurred prior to, and was one of the cases prompting enactment of the Identity Theft and Assumption Deterrence Act of 1998.