12 Identity Theft Crimes, Chapters 12.01-12.08 Flashcards

1
Q

What is the definition of “Identity Theft”?

A

The theft of your personal information to commit fraud.

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2
Q

What could your stolen personal information be used to do?

A

(a) open a bank account or store account in your name, (b) use your existing accounts, (c) obtain medical services using your name

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3
Q

What are the consequences of identity theft?

A

(a) negatively affects your credit, (b) result in you being sued for debts that are not yours, (c) result in incorrect and potentially health-threatening information being added to your medical record, (d) may result in your arrest

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4
Q

What is the definition of “Identity Crime”?

A

“Identity crime” refers to all types of crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain.

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5
Q

What government agency reports statistics on identity theft crimes?

A

The Federal Trade Commission

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6
Q

If an officer finds one or two forms of identification in another person’s possession, is that evidence that the subject is involved in identity theft?

A

No, but it is enough to justify a further investigation. (i.e., Could be holding an ID for a friend at an event)

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7
Q

Define the term “identifying information.”

A

Information that alone, or together with other information, identifies a person. It usually includes name, date of birth, fingerprint, voice print, retina or iris image, unique ID information with a financial institution, social security or other government-issued ID number

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8
Q

What is a “telecommunication access device”?

A

A card, plate, code, account number, PIN, electronic serial number, mobile identification number, or other telecommunications service, equipment or instrument identifier that allows you to gain access to an account to obtain money, goods, services, or other things of value (a “debit card”) or initiate a transfer of funds.

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9
Q

Does the use of only your name constitute identity theft?

A

No, because it is possible that someone else has the same name as you do.

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10
Q

As technology advances, what new types of scams have evolved?

A

Stealing information by listening in on cell phone conversations, reading other people’s emails, hacking into computers, conducting phone and email scams, taking advantage of careless online shopping and banking customers

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11
Q

How can identity theft crimes occur?

A

(a) Theft of a wallet, purse, or briefcase; (b) taking mail from a mailbox to get account numbers, name and address information, etc.; (c) the thieves file a change of address to have your mail transferred to another location; (d) dumpster diving; (e) pose as someone who needs a copy of your credit report; (f) inside your home; (g) thieves share your information online; (h) business record theft; (i) shoulder surfing; (j) spoofing; (k) skimmers at gas stations

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12
Q

What are spam texts and emails?

A

Texts and emails trying to sell you something

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13
Q

How can you cut down on spam?

A

(a) use filters; (b) think before you give info to someone you didn’t call – why do they need this? (c) Unsubscribe from unwanted emails, (d) Use email and phone’s “report junk” option to report unwanted emails, (e) forward unwanted texts to 7726 (SPAM)

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14
Q

What is a phishing scam?

A

Email or text message designed to trick you into giving them your personal information

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15
Q

How can you recognize a phishing scam?

A

(a) may say they’ve noticed suspicious log-in attempts and need you to confirm your information; may claim there is a problem with your account or payment information and want you to reenter it in an email or text (NEVER); (c) may want you to click on a link that is actually malware; (d) may say you have won something or are eligible for a government refund but they need your personal information to send it to you; may offer a link for “free” stuff that is actually malware

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16
Q

What are some signs of a fake email?

A

Poor grammar and pronunciation; generic greeting; invites you to click on a link to update your payment details

17
Q

How can you protect yourself from phishing attacks?

A

Use security software on both your computer and your phone and set it to automatically update; Use multi-factor identification; back up your data on your computer and your phone on a regular schedule

18
Q

What should you do if you suspect a phishing attack?

A

If you do not have an account with the supposed company, report the message then delete it; if you do have an account with the supposed company, use a phone number or website you know is real – not the information in the fake email – and check on your account status. If all is okay, report and delete.

19
Q

What should you do if you did respond to a phishing email?

A

Report it to IdentityTheft.gov; update your computer’s security software; run a scan and remove anything it identifies as a problem

20
Q

How do you report phishing?

A

Emails: forward to reportphishing@apwg.org; Text Messages: forward to 7726 (SPAM); Report both to the FTC at ReportFraud.ftc.gov

21
Q

What act amended Title 18, U.S. Code, Section 1028, making the transfer of another person’s ID with the intent to commit fraud a federal crime?

A

The 1998 Identity Theft and Assumption Deterrence Act

22
Q

What is the punishment range for violating the 1998 Identity Theft and Assumption Deterrence Act?

A

5-30 years , and/or a fine, and forfeiture of the property

23
Q

What act established penalties for aggravated identity theft which adds additional years to a sentence for using stolen identification to commit a felony crime?

A

The 2004 Identity Theft Penalty Enhancement Act

24
Q

What act amended Title 18, U.S. Code, Section 3663(b) to make clear that restitution orders for identity theft cases may include an amount equal to the value of the victim’s time spent remediating the actual or intended harm of the identity theft or aggravated identity theft?

A

The 2008 Identity Theft Enforcement and Restitution Act

25
Q

What change did the 2008 Identity Theft Enforcement Act make to jurisdiction?

A

Originally, the Act required cases to be filed in federal courts if the thief used interstate communication to access the victim’s personal information. The change allowed filing state filing when the victim and the criminal live in the same state.