TCLEOSE Course
No. 3277
Legislative Requirements
78th Legislature SB – 473; SECTION 8. Section 1701.253, 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
78th Legislature SB – 473; SECTION 8. Section 1701.402, 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 1701.253 ( i ).
Legislative Requirements
78th Legislature SB – 473; SECTION 10:
( e ) A person who, on September 1, 2003, holds an
intermediate proficiency certificate issued under Section
1701.402, 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 1701.253,
Occupations Code, as added by this Act, not later than
September 1, 2005.
Questions To Consider
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?
Main Topic Areas
2. How ID
crime occurs.
1. Definitions, scope,
current trends.
3. Legal aspects
of ID crime.
4. Prosecuting
ID crime.
5. Public
education
Personal
protection
1. Definitions, scope, current
trends.
Definition and Types
• 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:
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Identity Theft
Credit card / Access Device Fraud (skimming)
Check Fraud
False Identification Fraud
Passport / Visa Fraud
Scope
• ID Crime often facilitates:
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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.
Types of Identifiers
• Personal:
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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:
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Credit card numbers
Bank account numbers
PIN numbers
Insurance account numbers
Current Trends
• Use of current / latest technologies.
• Scams include:
– Over hearing cell phone conversations.
– Reading other’s faxes or email.
– Hacking into computers.
– Telephone and e-mail scams.
– Careless online shopping and banking.
• Identity Theft Resource Center.
– www.idtheftcenter.org
www.idtheftcenter.org
Reporting Problems
2. How ID crime
occurs.
Perpetrating Methods
• 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.”
• Email, website “spoofing” or “scamming.”
Procuring False ID
• Sources of step by step instructions for
producing false documents:
– Bookstores
– The Internet
From Bookstores
$32.00
$14.00
From the Internet
3. Legal aspects of ID
crime.
Federal and State Laws
• Federal Law.
– 18 U.S.C. § 1028 – Identity Theft and
Assumption Deterrence Act
• Texas Law.
– Penal Code 32.51 – Fraudulent Use or
Possession of Identifying Information
– Business and Commerce Code – Chapter 20.
Regulation of Consumer Credit Reporting
– Code of Criminal Procedure, Article 55.02 –
Procedure for Expunction
18 U.S.C. § 1028
Penal Code 32.51
Legal Terms
• From Business and Commerce Code –
Chapter 20, added definitions:
– Security Alert
– Security Freeze
Security Alert
Security Freeze
4. Prosecuting ID
crime.
Prosecuting Needs
• 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.
Need For Immediacy in Reporting
Credit Report Example
Agencies To Notify
• 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
www.consumer.gov/theft
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.
Texas DL or ID Card Change Form
Downloadable from www.txdps.state.tx.us
Credit Reporting Agency
Credit Reporting Agency
Credit Reporting Agency
5. Public
education
Personal
protection
Prevention – Public Awareness
• 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 – Personal 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.
Identity Theft Insurance
Source:
Insurance Information Institute
www.iii.org
Identity Crimes
2. How ID
crime occurs.
1. Definitions, scope,
current trends.
3. Legal aspects
of ID crime.
4. Prosecuting
ID crime.
5. Public
education
Personal
protection
References / Resources Consulted
“Steps to Help Prevent Identity
Theft,”
April 9, 2002
Texas Dept. of Public Safety
Public Information Office
“Identity Crimes Interactive
Resource Guide”
U.S. Dept. of Homeland Security,
U.S. Secret Service
Identity Theft Resource Center
www.idtheftcenter.org
“Identity Theft: A Quiz for
Consumers”
U.S. Dept. of Justice
“ID Theft – When bad things
happen to your good name”
September, 2002
Federal Trade Commission
“A police report is crucial in
cases of identity theft”
Greg Abbott
Texas Attorney General
“Police Officer’s Handbook –
Identity Theft”
Chicago Police Department
Legal References
U.S.C Title 18,
Chapter 47 – Identity Theft
and Assumption Deterrence
Act
Texas Code of Criminal
Procedure,
Texas Business & Commerce
Code,
Amendments to Chapter 35D –
Confidentiality of Social Security
Number
55.02 – Expunction of
Records
Texas Business & Commerce
Code,
Texas Penal Code,
Sections 20.01, 20.03, 20.031 – 20.038
Definitions and rules governing
“Security Alerts” and “Security
Freezes”
32.51 – Fraudulent Use or
Possession of Identifying
Information
Texas Code of Criminal Procedure,
60.19 – Information Related to Misuse of
Identity