Fact Sheet 301
ENHANCING LAW ENFORCEMENT AND IDENTITY THEFT VICTIM COMMUNICATIONS
A Tool for Law Enforcement Officers Working with Identity Theft Cases

This Fact Sheet includes:

• Some Facts About Victims Of ID Theft
• Prior to the Initial Meeting – Developing Victim Guide Sheets
• The Initial Meeting
• The Victim as a “Limited Partner”
• Resources

How many of you have built a case only to see it impeded or destroyed because an overzealous victim took matters into his own hands? How many times have you seen a good officer receive an unfair complaint because a victim was unhappy and directed his or her misplaced anger onto law enforcement? Probably lots of times.

Some of the most frequent complaints that the Identity Theft Resource Center (ITRC) encounters are from victims who feel as though law enforcement just doesn’t care. They believe that the law enforcement officer does not consider identity theft important enough to spend time on and, second, that you think the consumer is not really a victim.

At ITRC we have worked with many peace officers and know the majority of those who work in your field do care. However, we also know there is a lack of training in the handling of identity theft cases in many agencies, from investigation through dealing with its victims.

Every day, identity theft counselors deal with people who are angry and tired of fighting a losing battle on their own. They have been considered guilty until they prove their innocence to credit card and bank fraud investigators, collection agencies and, at times, doubting law enforcement officers. They think that if they were famous, like Tiger Woods, or if their physical well-being were violated or jeopardized, the police would become immediately active.

The bottom line is that identity theft is a dual crime – It is fraud against the financial institution and it is identity theft of the individual’s identity. If you have not communicated effectively with a victim and have left that person feeling law enforcement is part of the problem, you are doing yourself and your department a disservice.

This fact sheet contains some techniques that will help you to more effectively communicate with victims. By turning victims into assets instead of liabilities, you actually save time and energy in dealing with the case.

SOME FACTS ABOUT VICTIMS OF ID THEFT

• Identity theft can be an emotionally destructive crime. The Recoil Stage may last for years.
• Victims are scared. They are confused. Their ability to trust anyone has been severely tested.
• Identity theft is a repetitive crime and some victims may display symptoms associated with repeated physical assault. It feels like it will never end, especially when you keep receiving more notices by phone or in the mail from creditors.
• Many victims report that financial, emotional and criminal assault on their good names has either permanently impacted their lives or has continued for years.
• Most of these people have never been a prior victim of crime. They can become overly excited, overbearing and anxious. They want everything done yesterday.
• Victims typically uncover more evidence in a case than does law enforcement and more rapidly. It may not always be what you need, but it can help. Many feel they must become the primary investigator in the case. These victims may put far more hours into this case than you will.
• The reality is if the victim doesn’t do anything, no one else will. Victims have an emotional need to become their own advocates. They need to continue to be a part of the loop and feel like they are doing something to “get this person to stop.”

PRIOR TO THE INITIAL MEETING

ITRC recommends that each law enforcement agency develop and send out an Identity Theft Victim Guide, a tri-fold or letter. This document should outline what initial steps a victim should take and how to prepare for the investigator’s phone call or visit. This will give victims a chance to get started immediately, fulfilling an emotional need. The worksheet will help them organize their thoughts and substantially reduce rambling. This document should be mailed out the same day the report is taken and available on your web site.

You may adapt the ITRC Fact Sheet 112 for this purpose. Please contact ITRC if you decide to adapt these guides for your agency’s use. itrc@idtheftcenter.org

The Los Angeles Sheriff’s Department has a victim-friendly opening to their brochure. It immediately sets the tone that the LASD is here to help and wants to develop a working relationship.

Fraud crimes and identity theft are two of the fastest growing crimes in the United States. Unfortunately, you are reading this because you have become a victim. By thoroughly reading and following these instructions the investigation, and potential prosecution of the criminals who perpetrated this crime against you, will be made much easier.

You may be saying to yourself, “Hey… I came to the police station to report a crime and they gave me this letter to read? Why doesn’t a Police Officer just take my report?” The answer to this is straightforward. Fraud crimes are very complicated. The person who knows the facts and details of this case best is YOU.

The ability to solve these crimes is usually contained in the details. When one person tells another person a story, especially a complicated story, the person hearing the story usually gets the gist of the story, but leaves out the details. This is often what happens when a Police Officer takes a report of fraud from a victim. Often the details the victim provides are not the ones the detective needs to make an arrest.

When a Detective reads the report there are crucial details that are often left out. The result is that a Detective may determine that the case is not workable, when in fact it may be. This is why we request that you, as the victim, take the time to write down the story of how you became a victim. Because you know the story the best, you will give the best version and help us catch the person who committed the crime.

After the opening greeting, your victim guide should provide:

1. The first few steps a victim should take (examples):

• Call the 3 credit reporting agencies, obtain copies of the credit reports, place a fraud alert, identify open fraud accounts and inquiries from companies that have received fraudulent applications.
• Notify affected credit card companies and banks, etc. and obtain account numbers and other pertinent information if possible. Try to get copies of all documents and conversations associated with the account
• Identify fraudulent home addresses and other information on your credit report.

2. Phone numbers and web sites of resources including the credit reporting agencies.

3. A list of some of the initial steps that occur in your department after the complaint is made. This helps victims to understand something is being done. For instance: “At the end of each shift, all reports are read by triage officers and forwarded to the proper investigating department. It typically takes about seven days before you receive a call from us. If you have not heard from us after that time period, please call _____.”

4.  Recommendations on how victims might prepare for the initial meeting or call with an investigator by outlining their case. Recommend victims write a rough draft then organize it after brainstorming all the details. You might provide the following questions to lead them through the case:

• How did you first discover the fraud/theft? Who told you and under what circumstances?
• The entire account number of any accounts that are referred to in the story.
• Locations (exact addresses) of where fraudulent applications were presented in your name.
• Locations listed as home addresses on those applications.
• Names used either as primary or secondary account holders if known.
• The names of companies, investigators or customer service reps, phone numbers, emails and fax numbers for anyone you have contacted about a potential fraud. Include dates and time you spoke to them and a brief summary of the conversation.
• Photocopies of any letters, account statements, or correspondence received by you regarding this case to date.
• Any clues you may have as to the identity of the imposter – not guesses, hard facts.
• Personal data (explain that this is invasive but necessary): first, middle, and last name, home and business address, home, business, cell phone, and pager numbers.
• You will probably have to provide your Date of Birth, Social Security Number, and Driver’s License number also, but be careful not to write them down unnecessarily.

5. You may wish to provide an example for them to follow on how to organize the information:

Name: Bob Victim
I live at 1000 S. Main St. #115, Anytown CA 90250, home phone 555-555-5454, email 0000@buzz.com Best time to reach me- 6-9 pm I have lived there 4 years 3 months. I am retired, so I do not have a business address or phone number.

Discovery of fraud :

On 11/15/99 I received a phone call from Gary Woods at ABC Collections (800-555-5555). Woods told me that I owed American Express $17,000 and that the account had been sent to his collection agency. I told Woods that I do not have an American Express card nor have I ever had one. Woods said to send him a copy of the police report along with a letter explaining this not my account.

Activity to date (in chronological order):

• On 11/18/99 I received the letter from ABC Collections, a copy of which is attached. The letter indicated that Bob Victim had opened American Express account 1234567890123456 and had accumulated $17,000 worth of charges.
• On 11/18/99 I called American Express at 800-555-1234 and spoke to Betty Jones. Jones told me that the account was opened on 08/15/99 and all the charges were made within two weeks of the account being opened. Jones said that she would not be able to provide me with a copy of the statements, as I was reporting it as fraud. She said that she would send me an Affidavit of Forgery to complete and return to her. She told me that the bills were mailed to 123 Main Street, Center City, Ca. 90001 and my home telephone number listed on the application was 001-555-1212. Application made by telephone.
• Contacted Experian at 888-397-3742. Requested a free copy of my credit report, as I had been a victim of fraud. On 11/22/99 I received the copy of my credit report (in file with fraudulent entries marked).
• On 1/15/00 I found out that a cell phone was ordered in July 1999, 5 months ago, from PacBell Mobile. Received final collection notice. Contacted fraud department, spoke with Gina Hicks at 555-777-8888. She finally confirmed that George Bell opened the account with his name and my SSN. After receiving a note from me, sent me copy of application (in file). Account closed by my request on 1/15/00. Application done at a PacBell Store- signature forged.
• Contacted CA DMV on 11/25/99 to flag my driver’s license. They said that no one has applied for a duplicate license in my name nor tried to change the address on the license.

Affected Accounts : There are three credit cards that I have never opened on the Experian report:

• American Express account 1234567890123465 $ total charges to date
• Visa account 2345678901234567 $ total charges to date
• Discover account 4567890123456789. $ total charges to date.

Facts about the imposter:

• I believe that my identity was stolen from an application for a cell phone because I used my middle initial which I have not used on any other applications in the last 2 years. The thefts started within 2 weeks of my filling out the application and all used that same middle initial.
• Or – I believe that my information was stolen when I left my purse unattended at a party at New Years. There were 15 people at the party. My hostess, Suzie Smith at 555-----, has a list of the guests.
• Or- I don’t know how this started. I’ve filled out about 15 rent application and 3 utility applications in the last few months and go to school where they use my SSN as my ID number
• Or- Union Bank, La Mesa branch, said that the imposter showed a driver’s license to withdraw money from my account. They have videotape on the activity, phone: 555-773-3388

THE INITIAL MEETING

Both you and the victim have specific agendas for this meeting. They might not be the same.

Your agenda should include developing a relationship with that victim so that he/she becomes an asset and not a stumbling block or liability in your investigation. The key is communication, listening to their concerns as well as gathering information.

1.  Outline the purpose for the meeting or call: that you are here to gather the details of the case, any documents they may have, and to answer any questions they may have about clearing their name or about law enforcement’s handling of an identity theft case.

2.  Go through your intake form; get all the information you need.

3.  Tell them what it is like “behind the scenes of a fraud investigation.” They need to know the hard facts -- that this will take time, and why. The truth may be a bitter pill but it is better than thinking that you don’t care. Some of the information a victim might want to know includes:

• What are the steps you must follow to prove this case?
• How is evidence gathered, stored and presented to the court? They need to know that papers they submit may not be considered legal evidence and why.
• What are your procedures from this point forward? What are law enforcement’s priorities on the case?
• How many cases are you handling right now? (This gives them an idea of how much time you can dedicate to their case)
• How long can investigations take?
• Will you remain the primary investigator on the case? (A victim wants to know who to contact)
• What should they do if they get more information that may help or get another collection notice? Should they call you, email, or mail a copy of the information?
• How soon will it be until they can get a hard copy of the police report? What are the procedures for getting it?
• What can they be doing now? Is there something they can do to move things along faster? Is there any action they might take that would harm the case?

4.  What are the chances of getting this criminal? If you don’t think this can be solved, tell the victim so and help him/her reset priorities -- clearing his/her name and credit history.

5.  In cases of criminal ID theft, help the victim to secure the necessary paperwork to get a Letter of Clearance. See ITRC Fact Sheet 110 on criminal identity theft.

6.  MOST IMPORTANTLY, prior to leaving or completing the call, ask if the victim has any questions. Don’t sugarcoat the answers.

"THE VICTIM AS A “LIMITED PARTNER”

This is YOUR case. Clearly, you must be in charge of the investigation. However, almost every victim has an overwhelming need to be actively involved. It is their reputation. It is their credit at risk. It is their family that may be on the street if this is not cleared up.

Teach your victims how to work with you effectively. Brief them on what they may and may not do. Set some rules for them to follow and give them some jobs to do. For example, FCRA’s Section 609e allows them to request a copy of transaction records and the application for fraudulent accounts set up in a victim’s name and Social Security Number. They can also designate a copy be sent to you. That saves you time and effort.

This victim will continue to live with this crime long after you have closed the file. They need to know you have tried your best and that the victim and their case have not been forgotten.

SOME FINAL THOUGHTS:

There is no easy answer to identity theft. You will continue to see more and more victims until we can turn the tide. Some law enforcement agencies are conducting community prevention presentations. Consider starting a local ID theft victim support program or adding this type of assistance training into your Community Assistance and Support Program. It is far easier to deal with 20 people for 2 hours than 20 people for 2 hours each. Not only is this good public relations, but it is also time-efficient and may lead to more arrests and convictions.

RESOURCES YOU MAY LIST ON YOUR GUIDES TO VICTIMS:

http://www.idtheftcenter.org/ - The ITRC’s web site is dedicated exclusively to ID theft. It is an award-winning website that attracts more than one million visitors yearly and has victim-focused fact sheets that cover many identity theft situations .

http://www.ftc.gov/ or www.consumer.gov/idtheft - The Federal Trade Commission operates an Identity Theft Clearinghouse. Its phone assistance line is (877) IDTHEFT (Spanish-speaking counselors available).

The FTC’s ID theft database statistics can be found at www.consumer.gov/sentinel . Your agency might want to become a member of the Sentinel program which helps law enforcement to identify crime trends and patterns.

Copyright February 2007, Identity Theft Resource Center®, all rights reserved.
Created by Linda Foley and Jay Foley

This fact sheet should not be used in lieu of legal advice. Any requests to reproduce this material, other than by individual victims for their own use, should be directed to ITRC. We thank Sgt. Joseph Dulla (Los Angeles Sheriff’s Dept.), Det. Paul Libassi (San Diego County District Attorney’s Office) and Lt. Brian Blagg (San Diego Police Department) for their insights, advice and as a valued source of information.