Defining Identity Theft

Identity theft is a serious crime that is not punished lightly. A
person convicted of identity theft can face thousands of dollars in
fines and years in a state prison. With modern technology, identity
theft has become easier to commit by the minute.
Identity theft refers to when someone uses someone else's personal
identifying information such as their name, social security number,
checking routing number, or their credit card number, without their
consent with the intention to commit fraud or any other crime.

According to the Federal Trade Commission (FTC), approximately 9
million Americans have their identities stolen each year. Often times
the victim is not aware they are the victim of identity theft until
months or years afterwards, when their credit and their reputation
have already been damaged.

Identity theft thieves use other people's identifying information to
commit a broad range of crimes. They may use the information to rent
an apartment, obtain a credit card or checking account, or establish a
cell phone or cable account in the victim's name. The victim doesn't
usually find out they have been a victim of identity theft until it's
too late, or until they have been contacted by a creditor.

Identity theft begins when the thief acquires personal identifying
information such as another person's social security number, driver's
license number, or credit card. It doesn't matter if the victim is
dead or alive; it's still a criminal offense and is prosecuted to the
full extent of the law when the perpetrator is caught. Personal
information can be illegally acquired in a variety of ways including:

Skimming – This occurs when a special devise is used to steal a credit
or debit card number when processing the person's card.

Changing the Victim's Address – The person changes the victim's
address by mailing in a change of address form. As a result, the
billing statements are diverted to another location.

Theft – This is the oldest type of theft in the book. This refers to
stealing the victim's purse, or wallet, pre-approved credit card
offers, new checks or other tax information.

Dumpster Diving – This refers to rummaging through someone's trash to
find bills, bank statements, voided checks etc. with identifying
information on them.

Phishing – The thieves pretend to be a financial institution such as
the victim's bank, or a credit card company and send spam to try and
get the person to reveal their social security number or bank account
information etc.

Pretexting – The thief uses false pretenses to obtain personal
information from a bank, credit card company, telephone company and
other sources.

Identity theft is taking very seriously in all fifty states. In
Washington, there are two levels of identity theft. How they are
prosecuted depends upon value of the credit, money, goods, or services
that were taken. If the value of the goods or services etc. obtained
through someone else's identity were valued more than $1500, it is
prosecuted as a Class B felony. For any goods or services obtained
below the value of $1500, it is prosecuted as a Class C felony and the
penalties range from up to 10 years imprisonment, a fine up to
$20,000, or both.

If you have been charged with identity theft, it's critical to enlist
the services of an aggressive defense attorney as early as possible.
An attorney will be able to investigate every aspect of your case and
negotiate with the prosecutor, the judge, or jury on your behalf when
it comes to sentencing.

For more information on these matters, please call our office at 305
548 5020, option 1.

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