question archive Although there is no universal definition of identity theft, most law enforcement organizations use a definition similar to the following: Identity theft is a crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain (ACFE, 2022)
Although there is no universal definition of identity theft, most law enforcement organizations use a definition similar to the following: Identity theft is a crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain (ACFE, 2022)
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Although there is no universal definition of identity theft, most law enforcement organizations use a definition similar to the following: Identity theft is a crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain (ACFE, 2022).
Identity thieves use personal information to steal people’s identities. Such personal information might include a person’s name, government identification number, date of birth, home address, email address, mother’s maiden name, telephone number, and other identifying information. Identity thieves can exploit this information in a number of ways, including by opening bank or credit card accounts, taking over existing accounts, or obtaining loans in a victim’s name without the victim’s knowledge (ACFE, 2022).
Unlike fraudsters who steal because of a perceived need, many identity thieves make a living stealing identities for profit or as a way to supplement their incomes. Although identity thieves can be employees, friends, or relatives, they are frequently members of organized crime groups, often based in China, Ghana, Nigeria, or Russia. In addition, many identity thieves are people with criminal records who hope to stay out of prison by committing crimes they deem to be less risky. Identity theft, however, can be committed by anyone. Perpetrators of identity theft are sometimes the victim’s coworkers. In cases involving business identity theft, the perpetrator is often one of the company’s employees, vendors, or business associates. Undocumented immigrants frequently use false identities to hide their immigration status. People trying to hide their criminal records also engage in identity theft (ACFE, 2022)
The most common ways that Identity Theft can happen include:
· If you receive applications for "pre-approved" credit cards in the mail, but discard them without tearing up the enclosed materials, criminals may retrieve them and try to activate the cards for their use without your knowledge. Also, if your mail is delivered to a place where others have ready access to it, criminals may simply intercept and redirect your mail to another location.
· Many people respond to "spam"– unsolicited E-mail – that promises them some benefit but requests identifying data, without realizing that in many cases, the requester has no intention of keeping his promise. In some cases, criminals reportedly have used computer technology to steal large amounts of personal data (The United States Department of Justice, 2020).
With enough identifying information about an individual, a criminal can take over that individual's identity to conduct a wide range of crimes. For example:
· False applications for loans and credit cards,
· Fraudulent withdrawals from bank accounts,
· Fraudulent use of telephone calling cards or online accounts, or
· Obtaining other goods or privileges that the criminal might be denied if he were to use his real name (The United States Department of Justice, 2020).
Like all criminal laws, identity theft laws differ from state to state, and there are also federal laws that have their own penalties. Being convicted of an identity theft crime can lead to one or more of the following penalties:
· Incarceration. A conviction for an identity theft crime can result in time spent in jail or prison. In general, a conviction for a misdemeanor offense can lead to up to a year in jail, while felony sentences can result in several years or more in prison. Similar to theft crimes, the possible sentence for identity theft often increases as the amount stolen increases.
· Fines. It's common for courts to order someone convicted of identity theft to pay a fine. Misdemeanor fines can sometimes reach in excess of $1,000, while felony fines can easily exceed $5,000.
· Restitution. If the identity theft results in a victim losing money or suffering financial harm, courts will also typically order the defendant to pay restitution to the victim. Restitution is designed to compensate the victim for his or her loss, while fines are designed to penalize the perpetrator. Because it can take an identity theft victim significant time and effort to recover from identity theft (repair credit reports, shut down accounts), some states require defendants to pay a minimum amount in restitution even if the victim suffered no direct financial loss.
· Probation. For first-time offenders of identity theft crimes that do not result in significant harm, it's possible a court might impose a probation sentence in addition to, or separate from, other penalties. Probation usually lasts at least a year, but probation sentences of three or more years are also common. People on probation have to comply with specific court-imposed restrictions, such as reporting to a probation officer, paying all restitution and fines, and not committing other crimes.
· Aggravating factors. Some states increase penalties when the identity thief targeted an elderly person or a vulnerable individual, especially if the defendant was in a caretaking capacity. Other aggravating factors can include identity theft from multiple victims, a deceased individual, or a child (Theoharis, n.d.).
