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Identity Theft

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Title: Identity Theft


1
Identity Theft
  • Presented By
  • Melissa Beyer
  • Steve Eberlein

2
What is Identity Theft?
  • Theft of identification information including
  • Name
  • Social Security Number
  • Date of Birth
  • Credit Card Number
  • Drivers License Passport number
  • Unique Biometric Data/Physical Representation

3
ID Theft Stats
  • ID Theft has surpassed drug trafficking as the
    number one crime in the nation
  • In 2005 ID theft cost U.S. businesses and
    consumers 56 billion
  • In 2006 15 million victims
  • Every 2 seconds 1 new victim
  • The average victim does not discover their
    identity has been stolen for 1 to 6 months after
    the first occurrence.
  • Most ID thieves are repeat offenders.

4
How Is It Committed?
  • Low Tech Methods
  • Shoulder Surfing in Public Places
  • Discarded or Stolen Property
  • Breaking Entering
  • Dumpster Diving
  • Accessing Mail or Recycling

5
How Is it Committed?
  • High Tech Methods
  • Skimming
  • Pretexting
  • Phishing
  • Pharming
  • Wireless Hacking
  • Computer Spyware

6
How is the Stolen Info Used?
7
Conventional ID TheftWhat is the Relevant Law?
  • The Identity Theft and Assumption Deterrence Act
    was enacted on October 30, 1998 and added to
    1028
  • 18 U.S.C. 1028(a)(7)
  • makes ID theft a Federal crime
  • establishes harsher penalties of up to 15 years
    imprisonment and a maximum fine of 250,000
  • allows the identity theft victim to seek
    restitution

8
18 U.S.C. 1028(a)(7)
  • Whoever knowingly transfers, possesses, or uses,
    without lawful authority, a means of
    identification of another person with the intent
    to commit, or to aid or abet, or in connection
    with, any unlawful activity that constitutes a
    violation of Federal law, or that constitutes a
    felony under any applicable State or local law
    violates this statute.

9
What did 1028(a)(7) add to the Statute?
  • Previously 1028 only criminalized the creation,
    use, or transfer or fraudulent ID documents
  • Now, 1028(a)(7) criminalizes fraudulent
    creation, use, or transfer of the underlying
    personal information, regardless of its use in a
    document
  • It also imposed more stringent penalties for
    identity thefts
  • And attempts or conspiracies receive the same
    punishment as a substantive offense under 1028

10
Aggravated Identity Theft
  • The Identity Theft Penalty Enhancement Act was
    enacted on July 15, 2004
  • It created a new offense under 18 U.S.C. 1028A
  • Aggravated Identity Theft
  • It prohibits the knowing and unlawful transfer,
    possession, or use of a means of ID of another
    person, during and in relation to any felony
    listed in the statute at (c).

11
1028A(c) Non-Terrorism Predicate Felonies
  • Document fraud
  • Mail, e-mail, wire fraud
  • Immigration passport fraud
  • Various theft offenses
  • Securities fraud
  • False elicitation of SS No.
  • Health care fraud
  • False pretenses on high seas

Over 180 Non-Terrorism Related Felonies!
12
1028A(c) Terrorism-Related Predicate Felonies
  • Financing, Supporting, Harboring terrorists
  • Violence at Airports, on an Aircraft, against
    Maritime platforms
  • Bombing other violent acts against U.S.
    officials, Govt property, or any public property

Over 100 Terrorism Related Felonies!
13
Aggravated ID Theft Penalties
  • General Offense
  • Consecutive to imprisonment term provided for
    such felony, defendant shall be sentenced to a
    minimum, mandatory 2 year term of imprisonment.
  • Terrorism Offense
  • Consecutive to imprisonment term provided for
    such felony, defendant shall be sentenced to a
    minimum, mandatory 5 year term of imprisonment.

14
Conventional ID Theft Sentencing Guidelines
  • Under the 98 ID Theft Act, the Sentencing
    Commission added this directive at 2B1.1(b)(9)
  • (C)(i)the unauthorized transfer or use of any
    means of identification unlawfully to produce or
    obtain any other means of identification or (ii)
    the possession of 5 or more means of
    identification that unlawfully were produced from
    another means of identification, or obtained by
    the use of another means of identification,
    increase by 2 levels. If the resulting offense
    level is less than level 12, increase to level
    12.

15
Aggravated ID Theft Sentencing Guidelines
  • The Sentencing Commission accommodated for the
    two new Agg. ID theft crimes created by the 04
    Identity Theft Penalty Enhancement Act at 2B1.6
  • the guideline sentence is the term of
    imprisonment required by statute
  • 2 years for Non-Terrorism Related Felonies
  • 5 years for Terrorism-Related Felonies
  • Chapt. 2 Specific Offense Characteristic, Chapt.
    Three Adjustments, and Chapt. Four Criminal
    History and Criminal Livelihood, shall not apply
    to that count of conviction to avoid
    double-counting

16
Issue Whether the D charged with a violation of
1028A must be convicted of, or even charged
with, an underlying predicate felony?
  • The Language
  • 1028A only applies where the Ds unlawful
    transfer, use, or possession is accomplished
    during and in relation to any 1028A(c) felony.

17
Argument
  • The Statutory language during and in relation
    to should be construed to find that a Ds
    conviction under 1028A does not depend on his
    being convicted of the predicate offense.
  • As long as all the elements of 1028A were proved
    beyond a reasonable doubt.

18
Why?
  • 1028A closely parallels 924(c), which provides
    sentencing enhancements for gun-related offenses.
  • It uses similar during and in relation to any
    felony language
  • The 4th Circ. has construed this language to mean
    that conviction under 924(c) does not depend on
    conviction of a predicate felony
  • This allows prosecutors to

19
How Do You Protect Yourself? 5 Questions to Ask
Every Business
  • Why do you need my information?
  • How will my information be used?
  • How do you keep my information safe?
  • Have you ever had a security breach?
  • How do you dispose of old records?

20
Other Tips?
  • Dont leave a paper trail!
  • Destroy all CC statements and other records that
    have personal info
  • Never leave receipts behind at ATMs, gas
    stations, etc...
  • Safeguard your SS Number.
  • Never carry it with you or put it on checks
  • Monitor your credit report and CC statements
    carefully.
  • For online purchases, consider alternatives to
    using your CC, such as
  • Smart cards, Stored-value cards, Digital cash,
    etc...
  • Finally, some Insurance Companies offer identity
    theft insurance to cover portions of loss.

21
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