Los Angeles Criminal Defense Lawyer Blog

Identity theft is California's fastest growing crime. Stealing another person's identity or personal information and using it to commit fraud or access another person's finances is a serious crime in California. A national wave of high-profile identity theft cases has prompted the Federal Trade Commission to tighten federal regulations governing the storage of online documents and require identification verification, both online and onsite (see our May 4 post).

In California, identity theft crimes include:

• Internet identity theft - Using another person's credit card to make Internet purchases.


• Credit card theft - Using someone else's information to apply for a credit card or making purchases with someone else's credit card.


• Bank identity theft - Using another person's information to apply for a mortgage or loan or open a bank account.


• Counterfeit - Creating or altering credit cards, a driver's license or official records such as medical records or a marriage license.


• Forgery - Signing someone else's name on checks or credit/debit card purchases.

In California, it is also against the law to sell, transfer or publish personal information or account numbers to another person for money or goods. Under California law, criminal defense against identity theft hinges largely on what the prosecutor can or cannot prove. Expert Los Angeles criminal defense attorney Stephen Rodriguez notes that, to convict, the prosecutor must prove all of the following:

• The defendant must have willfully obtained the personal identification of another individual.


• The defendant must have obtained the information without the individual's permission or authorization.


• The defendant must have used the information for an unlawful purpose, including obtaining credit, goods, services or medical records in the victim's name and without the victim's consent.

In California, identity theft can be charged as either a misdemeanor or felony, depending on the seriousness of the harm to the victim, the amount of financial damage, the defendant's prior record and the sophistication of the crime. If you engage in identity theft on the Internet, because the Internet crosses state lines, you can also be charged with a federal crime. Representation by an experienced criminal defense lawyer is critical. An expert criminal defense attorney understands how to prepare a strong defense and may even be able to get the charges dropped or alternative sentencing assigned that will keep you out of jail. If you've been charged with identity theft, contact the law offices of Rodriguez, Lewis & Kahn for a free, confidential evaluation of your case today.

The Federal Trade Commission this month started enforcing new rules geared to fight identity theft, the fastest growing crime in the U.S. Tightening regulations that govern how online documents are stored and requiring verification of identification, both online and off, is expected to trim the number of identity-theft complaints. Last year, 314,000 Americans filed identity-theft complaints with the FTC. A rash of stolen identity cases seems to have swept the country in the past year, causing problems for thousands of citizens. From stolen VA medical files to theft of utility account information to driver's license records tossed in the trash, lack of due diligence and sometimes plain old common sense has incensed Americans.

While credit card fraud topped the complaint list, ID theft cases involving utility accounts opened under someone else's name (leaving the unaware consumer to pay the bills) accounted for 13% of cases reported to the FTC. Stolen identities used to commit medical fraud led to 1.3% of complaints. Under new FTC regulations, all health care providers must initiate a plan to verify the identity of patients. For example, patients may have to present a driver's license to verify their identity when they visit their physician.

It is hoped that new FTC regulations, most of which are clerical in nature, will provide necessary guidelines and procedures to help businesses and institutions adequately protect the personal information of their clients. People should expect a few more identifying questions when they call a company or go online to access their account. Presentation of a photo ID to verify identity when conducting business in person is expected to become the norm. The new regulations require that utility and medical information be kept locked when not in use and shredded when destroyed.

Identity theft is a serious crime in California, warns expert Los Angeles criminal defense attorney Stephen Rodriquez. California's fastest growing crime, identity theft is a type of fraud in which someone uses another person's name, Social Security number, date of birth, mother's maiden name, driver's license number, account number, password, or other personal identification information without authority or falsely poses as another individual to commit fraud or gain access to the other person's finances. Identity theft can carry significant consequences with severe penalties. More on Wednesday.

As if it isn't bad enough to be laid off and scrambling to find a new job, identity thieves are making life more miserable for unsuspecting job-seekers. From fake job-search services to bogus help-wanted ads, identity thieves are targeting recently unemployed workers in Los Angeles, California and across the country with attempts to steal and use personal information. According to the Federal Trade Commission, job-search fraud is one of the fastest-growing aspects of identity theft in America.

"There are so many people out there who are desperate to find a job," Linda Foley, executive director of the Identity Theft Resource Center, a nonprofit San Diego watchdog group, told reporter Richard Burnett of The Orlando Sentinel. "Unfortunately, identity thieves are taking advantage of people in these uncertain times."

Luring job seekers with promises of assistance from employment agencies, resume postings on career sites and want ads, identity thieves require job hunters to post personal information and social security numbers to take advantage of offers. Bogus sites mimic legitimate service providers and even some government sites, lulling job seekers into a false sense of security. The majority of job-search fraud is tied to false help-wanted ads which have quadrupled in the past three years, warns Foley. Thieves use culled personal information to wreak financial havoc, destroy their victims' credit, open bank accounts, obtain credit cards, loans, cell phones and utility services.

In California, "identity theft is fraud," warns expert Los Angeles criminal defense attorney Stephen Rodriguez. "Falsely posing as another person is a criminal act and carries serious penalties." Identity thieves illegally obtain and use another person's personal information "to commit fraud and other illegal activities," Rodriguez explained. Common types of identity theft include internet identity theft, credit card identity theft, computer identity theft, bank identity theft, social security identity theft and credit union identity theft.

The fastest growing crime in the U.S., ID theft affects millions of Americans every year and costs the FBI an average $15,000 per case to investigate. To be convicted of identity theft in California, the prosecutor must prove that the information was obtained willfully and without authorization and that it was used unlawfully. Victims of identity theft should immediately contact their local law enforcement agency; however, if you are accused or charged with identity theft, contact the experienced criminal defense lawyers at the law offices of Rodriguez, Lewis & Kahn immediately.

Financial desperation often leads to desperate acts. In California, an unemployed money manager lost a fortune and killed his family in a tragic murder-suicide. In Ohio, a 90-year-old widow shot herself as deputies arrived to evict her from her home of 38 years.

The first wave of violent fallout from the current economic crisis seems to be inward. People under severe financial stress who feel there's no way out of their problems are taking the ultimate way out. Calls to suicide-prevention hot lines have risen about 20% in the past year with many of the calls about money troubles. Law enforcement specialists fear crime rates will rise next.

A tremendous number of people in America feel overwhelmed by debt or threatened by the loss of their home or savings or retirement funds. "It's that sense of having the rug pulled out from under them," explained the Rev. Canon Ann Malonee, vicar of Trinity Church in Manhattan, located just a block from the World Trade Towers disaster. Malonee said people's response to the worst economic crisis since the depression is reminiscent of 9/11.

Historically, suicide rates increase during times of economic hardship. And not far behind are crime rates. The longer our economic woes continue, the greater the impact they will have on people's individual lives. Businesses are struggling, bankruptcies increasing, layoffs and plant closings escalating, evictions skyrocketing, and repossessions rising. As the financial noose tightens and people can't pay their bills, they start defaulting on home loans, car loans, credit card payments. Like a house of cards, one financial problem leads to another and another until everything collapses.

The extreme stress takes a toll on people's psyche. Normally rational, patient, hard-working people panic. They convince themselves that pocketing a couple of bills from the register, sneaking office supplies into their briefcase, using a customer's credit card number or shoplifting a couple of items won't hurt anyone. Petty theft, shoplifting, embezzlement, identity theft and fraud escalate when people run short of money. Burglary, robbery and armed robbery are also apt to increase the longer the recession drags on. The news has already reported incidents of bank robbery and ATM holdup sprees.

Just as worrisome is that fact that many people take out their stress on their family. Financial problems are a touchstone for family strife. Social workers worry that domestic violence and spousal and child abuse will escalate, particularly where people turn to alcohol or drugs to avoid their problems.

You should realize that the courts do not recognize desperation as a defense if you commit a crime. If you break the law, talk to a skilled criminal defense attorney about your options. But don't wait until you're at the breaking point. Seek help. City, county and state agencies, as well as many churches, provide many free services.

With the prevalence of identity theft, adults have become wary about providing personal information over the phone, on the internet and at stores. But few worry about someone stealing their children's identity. Children don't carry ID or have bank accounts or credit cards or jobs. They seem unlikely victims of identity thieves. But many American children do have social security numbers and that's what thieves are after.

Between 2005 and 2007, more than 34,000 cases of identity theft among people under age 18 were reported to the Federal Trade Commission. "I think we just see the tip of the iceberg," said Linda Foley, founder of the Identity Theft Resource Center in San Diego. "We don't know how deep this problem goes."

Unlike identity theft in the adult population which is generally discovered within a short period of time after the theft, in this young age group identity theft can go undiscovered for years, even decades. Exacerbating the problem is the fact that the thief is often a relative of the child. "In excess of 50% of all child ID theft involves a perpetrator who is one of the parents or someone who is close to the family," Foley said.

Identity theft is the fastest growing crime in California. Selling or transferring personal information to another person or using that information to obtain money or goods, including a driver's license, job or medical care, is a crime. Under California identity theft law, a person can be charged with identity theft if the prosecutor proves all of the following:

• The individual willfully obtained another person's identity information.


• The information was obtained without authorization.


• The information was used for any unlawful purpose.

Identity theft and the use of a stolen identity are both criminal acts that carry serious penalties. Depending on the seriousness and sophistication of the crime, the amount of monetary damage, and the defendant's past record, identity theft can be charged as either a misdemeanor or felony. Because the internet crosses state lines, internet theft of identity information or its use can be charged as a federal crime. If you are charged with identity theft, an experienced criminal defense attorney can explain your defense options and may be able to help you avoid jail through alternative sentencing.

Identity theft can turn your life into a nightmare. Just this week laptop thefts at brewing giant Anheuser-Busch has placed the personal data of 150,000 people nationwide and 55,000 Californians at risk. Unfortunately the risk of identity theft isn't relegated to corporate and government computers. Computer phishing scams that solicit personal information through bogus emails are rampant on home computers (see our Aug. 6 post). A recent Computer Reports study said that over the past two years, 1 in 13 U.S. households have fallen victim to phishing scams, giving out personal information to identity thieves.

You can protect yourself from internet identity theft by following these tips from Consumer Reports:

• Keep your security software subscription current and install all updates.


• Don't access accounts through email links. Type the complete account web address into the browser. Clicking an embedded link allows cyber criminals to access your account and steal your identity. Don't cut and paste the link either. You may be pasting in a bogus link. Check your original account information for the correct web address.


• Don't use the same password for all online accounts. Doing so allows phishers to gain access to multiple accounts. If you have trouble remembering passwords, use variations of the same letter/number combination. The safest passwords are a combination of letters, numbers and symbols of at least 8 characters.


• Only download free software from reputable sites like SnapFiles.com and Download.com. Spyware can be added to free software to phish for info and report it back to a scam site.


• Don't click on pop-up ads, particularly ones that say your computer is not secure. Click the close bottom or enable your computer's pop-up blocker to get rid of pop-ups entirely.


• Use a separate credit card for online purchases and only shop at trusted sites. Don't use a debit card to prevent criminals from accessing your bank account.

The old-fashioned con man hasn't disappeared, he's just gone phishing. Phishing scams where people receive an apparently legitimate email asking for personal information allow con men to troll for marks without ever leaving their computers. That personal information can allow phishers to steal your identity, run up charge accounts, open credit cards in your name, tap into your bank account, take out loans, and create all kinds of financial mayhem -- all without your knowledge.

According to a new report just released by Consumer Reports, consumers have a 1-in-6-chance of becoming a victim of internet identity theft. "People have fallen for non-computer cons for centuries; scammers are now just using newer methods," said Jeff Fox, a Consumer Reports technology editor. In the study, 1 in 13 households, or 1.5 million consumers, fell prey to phishing scams, providing them with personal data. As a result, 14% lost money. Consumer Reports estimates that phishing scams cost consumers $2 billion over the last two years.

Experts say the problem is that the average person who uses a computer isn't particularly tech-savvy. People have a hard time telling legitimate emails from the scams. Phishers spend big bucks to create slick, look-alike websites that fool the unwary. Many online scams are run by overseas organized crime rings, said Steven Titch, a Los Angeles telecommunications policy analyst at the non-profit Reason Foundation.

"Never answer an email that asks for personal info," warns Titch. "Most legitimate organizations won't do that." Other tips Titch suggests for avoiding phishing scams and computer identity theft: Don't respond to suspicious emails and never click on attachments from someone you don't know.

On Friday: More tips for avoiding computer identity theft.

-LegalPro

In our June 25 post we noted that the majority of identity thefts result from stolen wallets and purses, stolen mail or from information exchanged during a phone or male-order sale. Internet access accounts for only 14% of ID thefts, according to a recent study by financial consulting firm Javelin Strategy & Research of Pleasanton, CA. However, opportunities for identity theft are prolific on the internet and it pays to know how to protect yourself.

The following tips can lower your risk of being victimized by identity thieves, on the internet and off:

• Protect your Social Security number. Don't carry your card in your wallet. Don't record it in the date book, PDA or laptop computer you carry with you. If your health plan (with the exception of Medicare) still uses your SSN, ask for a new ID number so your SSN won't appear on your insurance card. If you have a choice, don't have your SSN printed on your driver's license.


• Don't give out your personal information unless you initiate the contact. Internet scammers "phish" for info by posing as your bank, credit card company, a store or the government. For example, "phishers" pretending to be the IRS sent out emails purporting to notify people of the amount of their upcoming economic stimulus check. Respondents were asked to provide personal information that could then be used to steal their identity. To verify the validity of an email, don't just click on links provided by the emailer. Phishers are adept at creating websites that mirror actual bank and government sites. Always verify the validity of a site by typing in the address originally provided by the bank or store. If in doubt, be suspicious.


• Shred or tear up papers that contain personal info before you throw them away.


• Protect personal information you store on your home computer. Use passwords with a minimum of 8 characters that include a combination of letters, numbers and symbols. Never use obvious passwords like your birthday, SSN or name of a family member.


• Use firewall, virus and spyware-protection software and update it regularly. To prevent spyware from installing on your computer, only download from sites you trust.


• Set your browser security setting to at least "medium." Don't download freeware or install software without clearly understanding what it is and what it will do. Never click links in pop-up windows or spam emails. Delete spam without opening it.

-LegalPro

Identity theft is a nightmare that can take months or even years to clear up. When thieves stole Gina Titus' wallet she wasn't prepared for the depth of the trouble it caused. "They used the checking account and credit cards before I could cancel them," the San Francisco PR account executive complained. "Then several months later I get a letter from a collection agency and found they had opened a checking account in my name. I had a Discover card I never opened." Then came the maternity bills for a woman who was using her identity.

"The extent of what they were able to do was astounding," Titus said. It took hours on the phone with creditors for Titus to clear her financial record and reclaim her life. We worry about thieves using online purchase information and credit card payment slips to steal our identity. We forget that an astonishing number of identity theft crimes happen just like they did to Gina Titus -- with the theft of a purse or wallet.

A survey by financial services consulting firm Javelin Strategy & Research of Pleasanton, CA reveals that one in three victims know how their information was stolen. In 75% of the cases, the theft was physical: a stolen wallet, stolen mail or via a mail order or phone sale. In many cases, the victim knew the thief. Only 14% of the identity theft cases involved in the study were the result of internet access.

"We are not saying (online access and data breaches) are not significant factors," Javelin president James Van Dyke told Contra Costa Times reporter Eve Mitchell. "But the point is that it has really been overblown. I think it is to the detriment of consumers to focus exclusively on these electronic methods of communication. Criminals don't have a (bias) toward technology. They will use any channel that works."

-LegalPro

Two teenagers in Orange County have been charged with breaking into their school and hacking into computers in order to alter their grades. They're accused of computer fraud, burglary, conspiracy and other charges, all of which could add up to 38 years in prison.

Allegedly, the two teens broke into their school using a stolen master key, hacked into computers using the stolen passwords of their teachers and changed their grades from D's and F's to A's and B's. They also allegedly downloaded spyware on the computers so that they could network into the computers from home. They also allegedly changed the grades of 12 other students.

All of these crimes are serious, especially because the grades are considered public record, stealing the passwords of teachers is identity theft and the crimes happened on a school, which is public property. While these charges are likely first-time offenses, the severity is pretty high. Burglary, fraud, identity theft, and Internet crimes all carry fines, jail time and other penalties, and that coupled with altering information on state owned computers will dramatically affect these two young men. These are all major felonies.

A 27-year-old Utah woman has been charged with defrauding people of thousands of dollars in California, Utah and Oregon. She bilked her own mother-in-law out of thousands of dollars in unauthorized credit card charges and illegally obtained loans. She swindled a California man out of $14,343 through fraudulent wire transfers to a bank account. In Oregon, the woman used forged checks to steal $4,000 from a neighbor. The woman is charged with a series of felonies, including identity fraud, communications fraud, theft and forgery.

Identity theft is the fastest growing crime in California, affecting 20,000 people every day. Identity theft occurs when someone uses another person's personal identification information, without authority, to falsely pose as that person to commit fraud and gain access to the other person's finances. Selling or transferring someone's personal information to another person to obtain money or goods is also considered identity theft.

Identity theft charges can include:

• Internet identity theft: Making internet purchases with another person's credit card.


• Credit card theft: Applying for a credit card using someone else's identification or making purchases with another person's card.


• Bank identity theft: Applying for a loan, mortgage or bank account using some else's identification.


• Counterfeit: Altering or making a counterfeit credit card, driver's license or official record.


• Forgery: Forging another person's signature on documents.


• Publishing account numbers.

To protect yourself from identity theft, safeguard your Social Security number, date of birth, mother's maiden name, driver's license number, account numbers, passwords and other personal information. Shred credit card statements and offers, bank statements, cancelled checks, loan information and other sensitive documents before putting them in the trash. Do not give out identifying information to unknown people who contact you via the phone or internet. If you believe that you might be the victim of identity theft, contact an attorney immediately. Credit recovery can take more than 500 hours and a year of effort.

- LegalPro