Define Identity Theft in Law

Identity theft laws in most states criminalize the misuse of someone else`s credentials, whether personally or financially. This data (including social security numbers, credit history, and bank PINs) is often captured by: The law has also increased the duration of penalties for general and terrorist offenses to varying degrees. It has also established penalties for aggravated identity theft. Serious identity theft refers to the use of another person`s identity to commit crimes. Serious identity theft under 18 U.S.C§ 1028A is defined as follows: Consumers can protect themselves from this type of crime by protecting information such as credit card and Social Security numbers and destroying offers sent by mail to obtain credit. You can also view their credit reports on unknown accounts. In the event of identity theft, a warning can be sent to a credit bureau informing consumers of possible fraudulent activity. Consumers who are victims can also write a statement that appears on their credit reports explaining the criminal activity. Most banks and large credit card companies have anti-fraud services with employees trained to deal with these situations, but often the consumer feels it is up to them to prove the absence of misconduct, and many victims report their frustration that their credit and life have been destroyed by identity theft. A number of States have taken steps to make identity theft a State crime. Identity theft and identity fraud are terms used to refer to all types of crimes in which one person obtains and uses another person`s personal information in a way that involves fraud or deception, usually for economic purposes. What are the most common ways in which identity theft or fraud can happen to you? Every year, there are millions of victims of identity theft.

While there are many different forms of identity theft, they all have a common theme. Here, one person`s personal data is obtained illegally from another person with the specific intention of committing theft, fraud or other types of crimes. When identity thieves get your Social Security number, they can use it to apply for credit cards and loans and then pay no outstanding balances. Scammers can also use your number to receive medical, disability, and other benefits. Review your reports. Write down any accounts or transactions you don`t know. This will help you report the theft to the FTC and police. Usually, the FBI is involved in federal identity theft. They have an identity theft page on their website that states that a stolen identity is a powerful tool for criminals and a threat to national security. (1) Identity theft or attempted identity theft that does not result in the theft or appropriation of credit, money, goods, services or other property is a Class B offence; Due to the sharp increase in identity theft cases in the United States, Congress passed the Identity Theft and Presumption Deterrence Act in 1998.

According to this law, 18 U.S.C. Amended section 1028 to make it a federal crime to knowingly commit, attempt to commit or assist in the commission of identity theft. Because this is a federal crime, these types of cases are being prosecuted in U.S. District Court. Tax identity theft occurs when someone uses your personal information, including your Social Security number, to file a false state or federal tax return on your behalf and collect a refund. (3) To the extent practicable, the production order shall be prepared by the court, identify each victim and loss to which it relates, and have an amount in dollars sufficient to fully compensate the victim or victims for any established economic loss suffered as a result of the criminal conduct of the accused, including, but not limited to, all of the following: (A) Payment in whole or in part of the value of stolen or damaged items. The value of stolen or damaged goods is the cost of replacing similar items or the actual cost of repairing the property if repair is possible. (B) Medical expenses. (C) Mental Health Counselling Fees.

(D) Wages or profits lost as a result of injuries sustained by the victim and, if the victim is a minor, wages or profits lost by the minor`s parents, parents, guardians or guardians during the care of the injured minor. Lost wages include commission income as well as basic salaries. Commission income is determined by proof of commission income during the 12-month period preceding the date of the offence for which reimbursement is ordered, unless a material reason for a shorter period is proven. (E) wages or profits lost by the victim and, if the victim is a minor, wages or profits lost by the parents, parents, guardians or guardians of the minor as a result of the time spent as a witness or in support of the police or the prosecutor`s office. Lost wages include commission income as well as basic salaries. Commission income is determined by proof of commission income during the 12-month period preceding the date of the offence for which reimbursement is ordered, unless a material reason for a shorter period is proven.