Identity Theft in the United States
Identity Theft in the case of Lawyers
By Deborah Rosenthal
Studies suggested that as many as a million such thefts occur every year. And privacy experts say attorneys are among the most attractive targets because they tend to have good credit and preside over a wealth of personal information about other people, such as clients and staff.
Besides the hassle factor, identity theft could expose lawyers to claims of negligent information handling, negligent hiring, invasion of privacy, and more.
Here are some suggestions from Mari J. Frank, a Laguna Niguel attorney who is also a privacy consultant and author, and D. Gregory Valenza, who is managing partner of the San Francisco office of Jackson Lewis:
1. Limit the private information you collect to only information that you absolutely need, and limit the number of employees who have access to sensitive information.
2. Conduct background checks on all employees, applicants, and contract workers who will have access to sensitive information, from the managing partner to the mail-room clerk and the receptionist. Use only temp agencies that conduct background checks on their contractors.
3. Prevent unauthorized access to private information by locking file cabinets and desk drawers. Mail that contains sensitive information should be deposited into locked boxes. Screen savers should come on automatically when employees leave their desks, and passwords should be required to log back on.
4. Train employees who transmit private information not to leave it on answering machines or voice mail, or at copy or fax machines. Before faxing, the sender should call the intended recipient and tell him or her to wait by the fax machine, pick up the document immediately, and call back when the document has been received.
5. Shred sensitive material before disposing of it. Every secretary should have a cross-cut shredder, and shredders should sit beside every copy and fax machine. If you outsource shredding, store the documents in locked bins until pickup. Electronic copies should be magnetically erased or destroyed with shredding software before being disposed of.
Litigating Identity Theft Cases
This section examines the Litigating Identity Theft Cases subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Cause of Action for Identity Theft: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action for Identity Theft, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Identity Theft
Overview of Identity Theft in relation to cyber crime: [1] In order to commit identity theft, offenders generally need to do two things. First, they must obtain a victim's unique personal information, such as name, address, date of birth, phone number, credit card number, or Social Security number. Second, they must illegally use that information for fraudulent purposes. ''Fraud'' refers to an illegal act being done with trickery or deceit. In some states, the offender does not actually have to use the victim's information to be prosecuted for fraud; merely possessing a person's information after it is obtained illegally is enough to be recognized as a crime.
Identity Theft and Other Misuses of Credit and Debit Cards
This section discusses generally the subject of Identity Theft and Other Misuses of Credit and Debit Cards, how to determine the facts essential to Identity Theft and Other Misuses of Credit and Debit Cards, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.
Identity Theft (Fair Credit Reporting)
This section introduces, discusses and describes the basics of identity theft. Then, cross references and a brief overview about Fair Credit Reporting is provided. Finally, the subject of Consumer Protection in relation with identity theft is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
The United States Identity Theft Laws
An overview of the United States's various laws and regulations handling the crime of identity theft in the United States, in which an individual's personal identifying information is used to secure credit or purchase goods.
Resources
Notes and References
- By Sara E. Berg
See Also
- Types of Cybercrime
- Cybercriminal
Further Reading
Berg, S.E. (2008). Identity theft causes, correlates, and factors: A content analysis. In F. Schmallager and M. Pittaro (Eds.), Crimes of the Internet. Upper Saddle River, NJ: Prentice-Hall; Federal Trade Commission. (2007). Identity theft victim complaint data: January 1, 2006–December 31, 2006. Retrieved May 21, 2007, from the Federal Trade Commission Web site: http://www.ftc.gov/bcp/edu/ microsites/idtheft/downloads/clearinghouse_2006.pdf; McQuade, S.C. (2006). Understanding and managing cybercrime. Boston: Pearson Education, Inc.; Neuffer, E. (1991, May 27). One name's double life: David Lombardi lost his ID cards, acquired coworker's debts and crimes. Boston Globe. Retrieved March 26, 2005, from National Newspapers via ProQuest; Neuffer, E. (1991, July 9). Victims urge crackdown on identity theft: Say officials often fail to act on complaints. Boston Globe. Retrieved March 26, 2005, from National Newspapers via ProQuest; Sharp, T., Shreve-Neiger, A., Fremouw, W., Kane, J., & Hutton, S. (2004, January). Exploring the psychological and somatic impact of identity theft. Journal of Forensic Sciences, 49(1), 131–136.
Resources
See Also
Computer Fraud and Abuse Act of 1986
FBI (United States Federal Bureau of Investigation)
Justice Department, United States Postal Security
Postal Service (USPS), United States
Secret Service, United States
Codes and ciphers; Computer forensics; Computer hackers; Document forgery; Technology and forensic science.
Crime and Fraud; Cyber Crime
Further Reading (Books)
Further Reading (Articles)
Identity Theft: What Is It And What Is The IRS Doing About It?(Internal Revenue Service), Mondaq Business Briefing; January 16, 2012
Hoar, Sean B. (2001, March). Identity theft: The crime of the new millennium. United States Attorneys’ USA Bulletin, 49 (2).
Mistaken identities: Medical identity theft leaves messy wake., Employee Benefit News; April 15, 2007
Identity Theft Is a Very Real, Very Big Concern, Daily Herald (Arlington Heights, IL); September 4, 2002
Civil liability for identity theft: identity theft can cause catastrophic financial damage, but many victims also suffer emotional, psychological, and even physical injuries. Civil claims against the responsible parties can help repair the damage., Trial; February 1, 2007; Dion, Jeffrey R. Ferguson, James A.
Identity Theft Is Fastest Growing Financial Crime in United States., Knight Ridder/Tribune Business News; June 17, 2001
Protect yourself from identity theft, The Pantagraph Bloomington, IL; August 11, 2002; Sen. Bud Stone
Identity theft threatens federation., Network World; August 8, 2005; Kobielus, James
IN WAKE OF RECENT DISCOVERY OF LARGEST IDENTITY THEFT SCHEME IN HISTORY: SCHUMER: ID THEFT RISING DRAMATICALLY ACROSS UPSTATE NY, COSTING BUSINESSES AND CONSUMERS OVER $1 BILLION A YEAR – PUSHES LEGISLATION TO KEEP IDS SAFE., States News Service; September 16, 2009
Attorney General Targets Identity theft.(NATION), The Washington Times (Washington, DC); May 3, 2002; Seper, Jerry
Identity theft on the rise in Israel, Jerusalem Post; March 15, 2007; MATTHEW KRIEGER
IDENTITY THEFT: A New Breed Of Criminals., Bank Technology News; January 1, 2003; Bruno, Mark
Identity Theft Can Leave Victim’s Finances in Tatters., The Florida Times Union; November 2, 2003
Identity theft particularly problem this time of year, Post-Tribune (IN); December 10, 2003; Grant M. Monahan, Post-Tribune guest columnist
Department deluged by identity-theft cases, Pasadena Star-News; August 21, 2004; Marshall Allen
Identity theft: now society’s fastest growing crime., Real Estate Weekly; February 1, 2006; Green, Gary
STATE SECURITIES DIVISION ANNOUNCES IDENTITY THEFT, INVESTMENT FRAUD SEMINARS FOR SILVER CITY, LAS CRUCES, US Fed News Service, Including US State News; March 7, 2006
IRS Is Overwhelmed by Identity Theft Fraud ; Billions Wrongly Paid out as Scammers Find Agency an Easy Target, The Boston Globe (Boston, MA); February 16, 2014; Kranish, Michael
Taxpayer Identity Theft on the Rise: Know How to Protect Yourself, New Pittsburgh Courier; January 8, 2014
Latest Wave of Identity Thefts Targets Maine Children and Elderly, Bangor Daily News (Bangor, ME); December 11, 2013; Koenig, Seth
Identity theft: Too many cases to be true, New Straits Times; October 23, 2006; Adrian David
Litigating Identity Theft Cases
This section examines the Litigating Identity Theft Cases subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Cause of Action for Identity Theft: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action for Identity Theft, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Resources
Further Reading
- Information about Identity Theft in the Gale Encyclopedia of American Law.
Identity Theft Affidavit, I.R.S Form 14039 and Tax Law
There are more details about Identity Theft Affidavit, I.R.S Form 14039 in thetax compilation of the legal Encyclopedia.
Tax Related Identity Theft and Tax Law
There are more details about Tax Related Identity Theft in thetax compilation of the legal Encyclopedia.
Leave a Reply