Identity theft is a crime characterized by wrong acquisition and use of another person’s data in a deceptive and fraudulent manner for economic or other purposes. The World Wide Web has made it possible to obtain another person’s data and use in a fraudulent manner without his consent. Unlike fingerprints which are unique for each and every person, personal data especially social security numbers, bank account numbers, telephone calling card numbers and other information if they fall in the wrong hands, they may be used for the wrong reasons and cause considerable damage. In the United States for instance, a lot of people have reported unauthorized persons taking advantage of their personal data and withdrawing funds from their accounts and in the severe cases take their identities all together. They commit other crimes including running up vast debts using the victim’s details.
The biggest case of identity theft in the United States happened in 2000. It happened when a credit card company employee, Phillip Cummings, of Georgia stole thousands of credit reports and stored them. Cummings was working for TeleData Communications Inc.; this is a Long Island software company that serves banks with computerized access to the credit information database. He obtained credit card information using passwords of the company. He then sold them to other people approximating 20 in numbers at a cost of $30 for each stolen report. The other thieves either resold information used the personal bank information or cashed. Cummings worked for TeleData Inc, for a few months and left. After which he continued with the theft of credit reports for several months.
The scam victimized more than 300,000 people and estimated to be worth more than $ 100 million. The first signs of the theft surfaced when Ford Motor Credit realized they had a billing by TCI for thousands of credit reports. They had never ordered for these bills. Many other companies came up to claim unauthorized bills ranging in thousands.
The victims of the theft suffered significant losses in terms of financial terms and reputation. One of the victims reported a $ 35000 line of direct credit opened in her name while $34,000 was stolen. The victims lost their entire life savings. The victims were, however, reimbursed, but the emotional effects were far-reaching and devastating.
Cummings and other engaged in conspiracy and fraud charges and arrested charged in court and finally sentenced to serve time in jail. According to the report by Federal Trade Commission, ID fraud is a paramount concern in the United States and is causing consumers and businesses millions of dollars yearly. In 2004 alone 635, 000 cases of fraud reported and 39% of this cases involved identity theft.
In the United States, Department of Defense prosecutes cases of identity theft and fraud. The congress passed Identity Theft and Assumption Deterrence Act which prohibits the use or transfer and without legal authority a means of identification of another person. The transfer should be knowingly and with the intention to commit, abet or aid unlawful actions that constitutes the violation of the law or constitutes felony. The offense in most situations carries a punishment of 15 years imprisonment and a fee. It also led to criminal forfeiture of the personal property used to commit the offense.
The prosecutor works hand in hand with investigating agencies such as the Federal Bureau of Investigation and United States Secret Service. In the Cummings case, the investigators used the information in the shopping malls to track down the perpetrators. Cumming got arrested after suspicions arose on why he quitted the job after a few months. Upon questioning, he revealed he had stolen the identity of thousands of people and sold them to other co-perpetrators at a cost of $30 dollars for each credit report. The investigating team together with the victims such as Ford Motor strived to unearth the operation and shopping movement of the criminals. All integrated circuits, microprocessors and computer systems have manufacturing and transaction codes printed on them. Through the use of forensic experts, the owners of the computers that processed the credit transactions got realized. From the codes, it was possible to determine where the reports got printed. This information helped investigators trace the suspects.
The federal identity statute under Cummings found that he committed an identity theft and conspiracy under a number of circumstances. These included illegally obtaining credit information and selling them other crime perpetrators. During the judgment, he accepted that he acknowledged what he was doing but that he did not know the extent of damage his accomplices would cause.
In another case, Nathaniel Butherus and Jammie Ann Gregory both stole more than 200 cellular applications belonging to Wireless FX in Ontario Oragon. The stolen applications contained names, date of birth, number of Wireless FX customers and social security number. The duo then used the information from the applications to develop more than 50 fraudulent cards designed to resemble the original but with their images. They indicated that the cards got issued in Delaware and North Dakota. The cards contained personal identification details of the victims but contained the photograph of either Butherus or Gregory.
They then used the cards for purchases at numerous stores in Treasure valley. They also applied for credit cards in the victim’s names for purchase of more goods. Other than the financial losses they caused the victims, they called them to humiliate and abuse them. The victims suffered financial losses as well as emotional distress.
The victims reported the loss to the authorities, and the information used to track them. The information provided by the victims includes their dates of back, driver’s license numbers, social security numbers, and telephone numbers. Account numbers involved in the theft was also revealed as well as secondary account numbers. The company phones stolen, and the applications having information regarding the employee status and the location of and time the offence got committed provided the basis of the investigation. The original documents regarding account information such as account statements and other related documents got sampled form the victims.
The first stage of the investigation involves determination of the motives of the theft. According to the case, the theft got motivated by money and drugs. In this case, the investigators employed the use of questionnaires to determine in-depth details of the of the identity theft.
With the help of records from shopping locations, and CCTV cameras, the eventual evidence got discovered. Credit bureau documents and shopping records enable the investigators to narrow the location of the suspects and concentrate on arresting and prosecuting them. The help of Secret Service E-information intranet allowed the monitoring of the affected accounts and any activity attributed to it.
In this case, Oregon federal court considered the case in violation with the United States rule of law and prosecuted it as a case of identity theft and fraud. The congress passed Identity Theft and Assumption Deterrence Act which prohibits the use or transfer and without legal authority a means of identification of another person. The transfer should be knowingly and with the intention to commit, abet or aid unlawful actions that constitutes the violation of the law or constitutes felony. The offense in most situations carries a punishment of 15 years imprisonment and a fee. It also led to criminal forfeiture of the personal property used to commit the offense.
The success of the investigation depended on the evidence presented to the federal of law. The investigation proceeded in a way that guaranteed unquestionable results. Many cases of identity theft remain unsolved because of the way authorities handle evidence while investigating agencies as well as the conduct of the victims and companies in which they work. Both the victims and the Wireless FX Company contributed sufficiently to the success of the case by providing the necessary platform for the investigation. In addition, the criminals committed the crime and prosecuted in the state of Oregon, thereby, eliminating the jurisdiction complication.
The difference between the two cases is that although both cases qualify as identity theft, the first case concerns the information held by a company for other clients. The case was also an inside job since the inside staff of the company committed. In the second case, the criminals are outsiders but attempted to gain the information in the company ownership and use them to conduct a crime. The investigation principles used in the two cases are the same although the circumstances are different.
Identity theft is universally on the rise and poses a challenge to both law enforcement companies and individuals. In addition, identity theft laws vary in different regions. Their interpretation also has different versions. For instance, many private companies detest the FTC definition of identity theft due to the “attempted fraud” term. They argue that the inclusion of the term is not correct because traditional instances of credit card theft cannot amount to identity theft. It is, therefore, essential to do unification of the laws governing identity theft in order to handle the rising trend. The proliferation of computer use and digitization of most operations has made the availability of information easy. Company databases also store information regarding finances, healthcare information systems, banking institutions among other areas. If such information falls in the wrong hands, it can be altered to feign another person and commit serious crimes.
References
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