ID Theft

Law Enforcement Update Electronic Data Security Breaches: Take A Police Report Over the last two months, Internet security breaches at public and private institutions may have compromised Texans’ names, addresses and Social Security numbers. Unfortunately, this string of online security lapses may have exposed millions of Texans’ personally identifying information – and left them vulnerable to identity thieves. As law enforcement officers know, personally identifying information – including names, Social Security numbers, and driver’s license numbers – in the hands of identity thieves can damage Texans’ credit. An identity thief may use this sensitive information to obtain credit cards and checking accounts in their victims’ names. Under the Identity Theft Enforcement and Protection Act, Texas law enforcement officers are required to create a written report whenever a person alleges that he or she is a victim of identity crime. Under Section 32.51 of the Penal Code, the venue for reporting identity crime is the city or county of residence for the victim whose identity was stolen – or any county in which the alleged offense was committed. When a person living within a law enforcement agency’s jurisdiction complains of being a victim of identity crime, a peace officer is required to take a police report and provide a copy of it to the victim. The Attorney General’s Office recommends that Texans collect as much evidence as they can for inclusion in the police report. This might include dated receipts from local merchants to show that the victim was in one place while a credit card or loan was being taken out somewhere else – or copies of forged checks that used the victim’s account number but had someone else’s name, address and telephone number. A victim’s ability to convince creditors that the debts were incurred through another person’s fraudulent activity is dependent upon the police report. The police report also allows the victim to place a credit freeze with the major credit reporting bureaus in order to prevent any additional bogus accounts from being established. Credit issuers may not deny credit to someone simply because he or she has been a victim of identity theft – as long as the victim has filed a criminal complaint of the theft. It may take the victim years to recover financially from the crime, and the process cannot begin until the police report is filed. As a member of the law enforcement community, I understand that jurisdictional boundaries make it difficult to support an investigation when the victim’s place of residence is in San Antonio and the suspect is accumulating bills in New York or California. Fortunately, the Texas Office of the Attorney General (OAG) has the ability to assist law enforcement authorities with identity theft investigations. In cases involving multiple jurisdictions, multiple victims, and an identified suspect, the OAG’s law enforcement personnel is available to assist peace officers upon their request. Another resource the OAG offers to help Texans whose personal information has been compromised is the ID theft victim kit. The kit includes checklists, contact information, and detailed instructions that will help a victim begin the process of preventing additional financial harm. The kit includes a do-it-yourself affidavit and instructions for seeking a court order declaring that an individual is a victim of ID theft. Such an order can be very useful for a victim whose credit is burdened by debts that they did not actually incur. The ID theft victim kit is available on the OAG’s website atwww.texasattorneygeneral.gov. Filing a report with law enforcement authorities is a victim’s first line of defense in the road to recovery from identity theft.

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