TCLEOSE Course No. 3277

78 th Legislature SB – 473; SECTION 8. Section , Occupations Code, is amended by adding Subsection (i) to read as follows: ( i ) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on identity theft under Section 32.51, Penal Code, for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. Legislative Requirements

78 th Legislature SB – 473; SECTION 8. Section , Occupations Code, is amended by adding Subsection (f) to read as follows: ( f ) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on identity theft established by the commission under Section ( i ). Legislative Requirements

78 th Legislature SB – 473; SECTION 10: ( e ) A person who, on September 1, 2003, holds an intermediate proficiency certificate issued under Section , Occupations Code, or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for more than two years shall complete an educational training program on identity theft established under Subsection ( i ), Section , Occupations Code, as added by this Act, not later than September 1, Legislative Requirements

How many personal identifiers are in your wallet or purse? How many financial identifiers? If the volume of mail I get at home drops off substantially, I should check.... ? Where is a “security alert” placed and who does it? What about a “security freeze?” What government agencies should be contacted about an identity crime? What can I do, personally, to prevent or limit being a victim of identity crime? Questions To Consider

2. How ID crime occurs. 3. Legal aspects of ID crime. 4. Prosecuting ID crime. 5. Public education Personal protection 1. Definitions, scope, current trends. Main Topic Areas

1. Definitions, scope, current trends.

Identity Crime is defined as: –Theft or misuse of personal or financial identifiers in order to gain something of value and / or facilitate other criminal activity. Types of Identity Crimes include: –Identity Theft –Credit card / Access Device Fraud (skimming) –Check Fraud –False Identification Fraud –Passport / Visa Fraud Definition and Types

ID Crime often facilitates: –Mail theft & fraud –Illegal Narcotics / drugs –Organized crime –Financial fraud (money laundering) –Mortgage fraud –Weapons trafficking –Homicide –Terrorism –Wire fraud –Computer crime / internet intrusions Scope

ID Crimes often begin with: –Wallet / Purse theft –Muggings –Computer intrusion –Mail theft –Dumpster diving (theft of trash) –Theft of business documents or info –Theft from medical facilities, hotels, etc. Scope

Personal: –Name and Date of Birth –Social Security Number –Address and phone numbers –Driver’s license and passport numbers –Mother’s maiden name; pet name; etc. Financial: –Credit card numbers –Bank account numbers –PIN numbers –Insurance account numbers Types of Identifiers

Use of current / latest technologies. Scams include: –Over hearing cell phone conversations. –Reading other’s faxes or . –Hacking into computers. –Telephone and scams. –Careless online shopping and banking. Identity Theft Resource Center. – Current Trends

Reporting Problems

2. How ID crime occurs.

Stealing a wallet / purse with personal and financial identifiers. Unsecured mail with bank and credit card statements, pre-approved credit offers, new checks, tax info. May complete a “change of address form” to divert your mail to another location. Rummage through trash – “dumpster diving” – at your home or business. Perpetrating Methods

Obtaining credit report by posing as a landlord, employer or other legitimate requestor. Personal information found in the home or shared on the internet. “Business record theft.” “Shoulder surfing.” , website “spoofing” or “scamming.” Perpetrating Methods

Sources of step by step instructions for producing false documents: –Bookstores –The Internet Procuring False ID

$32.00 $14.00 From Bookstores

From the Internet

3. Legal aspects of ID crime.

Federal Law. –18 U.S.C. § 1028 – Identity Theft and Assumption Deterrence Act Texas Law. –Penal Code – Fraudulent Use or Possession of Identifying Information –Business and Commerce Code – Chapter 20. Regulation of Consumer Credit Reporting –Code of Criminal Procedure, Article – Procedure for Expunction Federal and State Laws

18 U.S.C. § 1028

Penal Code 32.51

From Business and Commerce Code – Chapter 20, added definitions: –Security Alert –Security Freeze Legal Terms

Security Alert

Security Freeze

4. Prosecuting ID crime.

ID Crime Offense Reporting. –Taking a written report is vital because credit bureaus require a police report. –Victim should complete an Identity Crime Incident Detail Form. –Victim should immediately begin gathering bank, credit card statements, letters from creditors, merchant account statements, etc. –Victim should provide credit reports from the three major Credit Bureaus. Prosecuting Needs

Need For Immediacy in Reporting

Credit Report Example

Federal Bureau of Investigations. –Frauds and investment schemes involving losses over $100,000. U.S. Secret Service. –Notify if custody arrest or any seizure or recovery of ID Theft devices, equipment, counterfeit documents or lists of personal identifiers. U.S. Postal Service. –Notify if arrest for Financial Crime involving the U.S. Mail. Postal Inspectors will immediately respond to ID Theft, Forgery, Credit Cards and Checks, Mail Theft and/or Fraud, and Internet Fraud (if involves use of mail). Agencies To Notify

Social Security Administration. –Notify if misuse of SSN; SS program fraud; significant financial loss to individual or institution; seizure of significant number of SS cards. Federal Trade Commission. –Maintains several sites for filing and obtaining information on ID Crime: FTC Victims Guide and FTC Sample Affidavit Identity Theft Data Clearinghouse Consumer Sentinel Agencies To Notify

Texas Department of Public Safety. –Driver’s licenses and ID cards. –Responsible for storage and expunction of criminal records. Consumer Credit Reporting Agencies. –Have victim place a “Fraud Alert” on their credit report. –Three major credit reporting agencies. Financial Institutions. Utilities. Agencies To Notify

Texas DL or ID Card Change Form Downloadable from -

Credit Reporting Agency

5. Public education Personal protection

Law enforcement should be proactive in educating the public about ID Crimes. –Incorporate ID Crime awareness in current public education programs (i.e., PSA’s, community policing, etc.). –Explore and use information already available on the Internet to guide the public and victims to become more self informed. Prevention – Public Awareness

Do not give out personal identifier information over the phone or Internet. Stay informed about your personal financial records with frequent checks of credit history, bank records, i.e., extra or unknown transactions. Limit personal information on necessary public distribution items (checks, business cards). Purchase a home shredder. Consider Identity Theft Insurance. Prevention – Personal Awareness

Source: Insurance Information Institute Identity Theft Insurance

2. How ID crime occurs. 3. Legal aspects of ID crime. 4. Prosecuting ID crime. 5. Public education Personal protection 1. Definitions, scope, current trends. Identity Crimes

“A police report is crucial in cases of identity theft” Greg Abbott Texas Attorney General “Police Officer’s Handbook – Identity Theft” Chicago Police Department “ID Theft – When bad things happen to your good name” September, 2002 Federal Trade Commission Identity Theft Resource Center “Steps to Help Prevent Identity Theft,” April 9, 2002 Texas Dept. of Public Safety Public Information Office “Identity Theft: A Quiz for Consumers” U.S. Dept. of Justice “Identity Crimes Interactive Resource Guide” U.S. Dept. of Homeland Security, U.S. Secret Service References / Resources Consulted

U.S.C Title 18, Chapter 47 – Identity Theft and Assumption Deterrence Act Texas Penal Code, – Fraudulent Use or Possession of Identifying Information Texas Code of Criminal Procedure, – Expunction of Records Texas Code of Criminal Procedure, – Information Related to Misuse of Identity Texas Business & Commerce Code, Sections 20.01, 20.03, – Definitions and rules governing “Security Alerts” and “Security Freezes” Texas Business & Commerce Code, Amendments to Chapter 35D – Confidentiality of Social Security Number Legal References