Criminal Identity Theft
August 3, 2009, 11:43 am
Understanding criminal identity theft, a specific kind of ID theft, which occurs when a criminal provides your identifying information to the police or other law enforcement agency. The consequences of this crime can have a lasting negative impact on your life.
There's a pernicious kind of identity theft that isn't frequently discussed, but leaves lasting damage to its victims' lives. It's called criminal identity theft.
Identity theft takes on many forms; your personal data can be stolen for any number of reasons. When criminals put your stolen information to use to steal money, it becomes identity fraud. Credit card fraud is another specific sub-set of identity theft, as are some cases of Social Security fraud.
The specific sub-category of identity theft we'd like to warn consumers about is criminal identity theft. We realize the name can be confusing; isn't all identity theft a criminal act? Yes, but when we talk about criminal identity theft, we're talking about a specific kind of violation.
Essentially, criminal identity theft occurs when an offender or criminal suspect gives a stolen identity to law enforcement. The theft may be deliberate, if the criminal has specifically stolen your name and possibly social security number, or the theft may be accidental, if the criminal makes up a false name that happens to be the same as yours.
However it happens, when the police have your name on file associated with a known criminal, you are in for ongoing headaches.
You might easily be able to prove to the authorities that you are not a criminal and that you are the true owner of your identity, but the police will never remove your name from the criminal's file. Your name has become a "known alias" for a criminal, and there's nothing you can do to correct that.
This kind of identity theft is a serious problem for the victim; often individuals are pulled over by the police for routine traffic stops and end up handcuffed and carted off to jail because their name raised a red flag on police computers. Some victims are terminated by their employers because background checks reveal a criminal record that is false.
If you suffer from this kind of identity theft, you can file an impersonation report to verify your identity and obtain a clearance letter that explains your circumstances and affirms that you are innocent of any criminal activity. You will need to keep this letter with you at all times, and be warned; some victims have found that individual police officers will handcuff them and take them into custody even after the letter is presented.
You'll have to be diligent about monitoring your credit reports, your Social Security earnings statements, and other documents to ensure your identity hasn't been compromised. If you do find yourself on the wrong side of a case of criminal identity theft, you will have a lot of work ahead of you. Be sure to consult the Federal Trade Commission at www.idtheft.gov, as well as nonprofit organizations like the Privacy Rights Clearinghouse at www.privacyrights.org.
In past cases, law enforcement agencies have encouraged victims to change their names, and in some cases their social security numbers. Changing your social security number is a last resort measure that should be avoided at all costs, but the fact that the police make the suggestion should tell you what you're up against when it comes to clearing your name.
In all kinds of identity theft, the best thing you can do is avoid being a victim in the first place. Shred any personal documents before you throw them away, and guard your personal data with care. Be careful when sharing your personal information by phone or over the internet, and make sure your computer passwords are secure.
For more information on identity theft, be sure to check our "Identity Theft" seminar booklet, which is available as a free download from our website.
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