Chapter 34-D

A report has been made with the following police/sheriff’s department. If you are unable to obtain a

or report number from the police, please indicate that by checking here

. Instead of a police

report, I filed an official affidavit with the following agency

MONROE COUNTY SHERIFF’S OFFICE

General Order

CHAPTER:		TITLE:
034-D		Identification Theft Investigation Procedures
EFFECTIVE DATE:	NO. PAGES:	REVIEWED/REVISED:
August 19, 2009	4	September 11, 2019
REFERENCE:		RESCINDS:

Sheriff of Monroe County

I.PURPOSE: The purpose of this policy is to establish uniform procedures to ensure a complete investigation of identity theft crimes.

II.DISCUSSION: Identity theft is a crime in which the imposter obtains key pieces of information such as Social Security (SSN) and driver's license numbers and uses them for his or her own gain. Victims are left with a tainted reputation and the complicated task of restoring their good names. Florida ranks in the top 10 states for identity crimes. These crimes can be as devastating to the victim as some crimes of violence. Under the provisions of the Fair Credit Reporting Act, an Identity Theft Report may be filed wherever the reporting party lives or has lived.

III.POLICY: It is the policy of the Sheriff to thoroughly investigate all identity theft crimes and assist victims in recovering losses.

A.Types of Identity Theft Crimes

1.Financial ID Theft: Typically focuses on the victim’s name and SSN. The imposter may apply for telephone service, credit cards or loans, buy merchandise or lease cars or apartments using the victim’s identity.

2.Criminal ID Theft: The imposter provides the victim's information instead of his/her own when stopped by law enforcement. Eventually when the warrant for arrest is issued, it is in the victim’s name.

3.Identity Cloning: The imposter uses the victim's information to establish a new life. He/she

works and lives as the victim. Examples: Illegal aliens, criminals avoiding warrants, becoming a "new person" to leave behind a poor work and financial history.

4.Business or Commercial Identity Theft: Businesses can also be victims of identity theft. Typically the perpetrator gets credit cards or checking accounts in the name of the business. The business finds out when unhappy suppliers send collection notices or their business rating score is affected.

B.Identity Theft Reports:

1.The deputy will have the victim complete an “Identity Theft Statement and Fraudulent Account Information Request” (Addendum A)

2.The victim will mail a copy of the form to their creditors and the three national credit bureaus (Addendum B). The deputy will not keep this form. It provides a means for investigators to

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access documentation from lenders and credit issuers regarding fraudulent accounts opened in another’s identity.

3.The victim will provide a sworn, written statement that describes how they first discovered the fraud/theft and all details concerning the incident.

4.In the narrative section of report, the deputy will type the following information:

a.Name and contact number for each business identified as being involved in the fraud/theft

b.Full account number for each account associated with fraud/theft

c.Date, time and amount of each fraudulent transaction

d.Names of all persons (i.e. fraud investigators) that the victim spoke with regarding the fraud/theft to include date and time of the call, if available.

5.The deputy will:

a.Advise the victim to obtain a current copy of their credit report and to fill out the Identity Theft Affidavit which can be accessed online at www.consumer.gov/idtheft .

b.Instruct the victim to retain all documents and electronic communication that they have received.

6.The duty sergeant/supervisor will forward all identity theft cases to the Criminal Investigation Unit (CIU).

7.The CIU supervisor will assign identity theft cases to a detective for follow-up investigation.

8.Upon receipt of an identity theft case assignment, the detective will review the details of the case to determine what type of identity theft has occurred.

9.Based on the type of identity theft case, the detective will consider the following when initiating the investigation:

a.Send out preservation letter requests to businesses such as Internet Service Providers, telephone/cellular phone companies, lending institutions, etc.

b.Obtain electronic data, such as IP (Internet Protocol) Connection Log Data, taking into consideration that this type of evidence may only be retained by businesses for a short time (usually between 30 to 90 days).

C.Financial Identity Theft Cases: The following evidence should be sought:

1.Application forms if the account is opened via postal mail or in person or application information if done online or by phone

2.Signature cards for any checking or bank account

3.Credit history records found on the victim’s credit report

4.Transaction records: individual purchase slips for any goods bought on a credit card

5.Billing statements

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6.Records of calls made from a specific telephone number from the billing statement for a cell phone or telephone utility account

7.Shipping records

8.Videotapes, which are often part of a security system monitoring cash registers. Most tapes are only kept 2 to 4 weeks and then reused

9.Bankruptcy records

D.Criminal Identity Theft Cases: The following evidence should be sought:

1.Department of Motor Vehicles records

2.Arrest records, outstanding warrants and criminal database searches

3.Passport records

E.Identity Cloning Cases: The following evidence should be sought:

1.Social Security benefit records

2.Federal and state IRS tax records

3.Employment records

4.Employee photos.

5.Department of Motor Vehicles records

6.Credit history information

7.Credit card and bank account records

8.Bankruptcy records

9.Mortgage and property records

10.Fictitious business name applications and records

11.Business licenses

12.Passport records

F.Interagency Coordination: The case detective will contact investigators in all involved jurisdictions. The United States Secret Service should be consulted, as their area of expertise is the investigation of financial crimes.

G.Victim Assistance: The investigator shall provide information and assistance to victims when possible. At a minimum, the investigator shall provide information on resources to the victim. These resources include but are not limited to the following:

1.Identification Theft Center www.idtheftcenter.org

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INITIAL VICTIM OF IDENTITY THEFT STATEMENT AND

FRAUDULENT ACCOUNT INFORMATION REQUEST- Credit Issuers or Merchants

Date:

Sent certified, return receipt mail: Number

TO:	[Credit Issuer] FAX
ACCOUNT NO.	REFERENCE NO.
FROM: [Your Name]

I have learned that an unauthorized account has been opened with your company or bank. I did not open this account and have not given permission to anyone else to open this account for me. I have not benefited by this account. You shall consider this account to be fraudulent and a case of identity theft.

Below is my identifying information. I have filed a report with my local police department. Under CA (PC 530.8) and WA law, all lenders and credit issuers must provide documentation regarding all fraudulent accounts opened in another’s identity and do so within ten days. The Cantwell-Enzi amendment to the nationally approved FACTA (effective June 2, 2004) will require compliance with this request within 30 days.

Further, credit issuers must provide that documentation and information to a police agency designated by the impersonated party. I am designating the below named detective(s)/prosecutors as additional recipients of all account information and documents.

Application Records or screen prints of Internet/phone applications Statements, Billing and Payment Records

Transaction Records/Charge Slips

Log of outgoing calls if a cell phone account or telephone utility Investigator’s Summary

Delivery addresses

Any other documents associated with the account

All records of phone numbers used to activate the account or to access the account

Additionally, I hereby request you immediately start an investigation, and remove any entries of this account, the application or inquiry records and collection notices from my credit report at once. I also wish to speak with a fraud investigator within 30 days about the status of this case. Once resolved, I expect a letter of clearance to be sent to me within 10 days.

Do not sell, distribute, trade, exchange, share, donate, giveaway and/or transfer information about this fraudulent account with any other entity except with the designated law enforcement agencies and prosecutors involved in this case.

Please notify any collection agencies that you may have sent this account to. Please do not assign this

account to another collection agency. So far these criminals have stolen approximately $in checks or credit charges in my name. We suspect there will be more until they are caught.

Be advised that reporting these items to the credit bureaus as collection items or continuing to pursue these debts from me would be considered a violation of the state and federal level Fair Debt Collection Practices Act and the Fair Credit Reporting Act.

Victim Information

1.My full legal name is:

(If different from above) When the events described in this affidavit took place, I was known as:

2.My birth date is (day/month/year):

3.My Social Security number is:

My driver’s license or identification card number is: State

My current address is:

City:

State:

Zip Code:

I have lived at this address since

(month/year)

7. (If different from above) When the events described in this affidavit took place, my address was:

City:

State:

Zip Code:

8. I lived at that address from

until

(month/year)

My daytime telephone number is (

)

Cell (

)

10.

My evening telephone number is (

)

11.

My e-mail address is

How the Fraud Occurred (Check all that apply):

I did not authorize anyone to use my name or personal information to seek the money, credit, loans, goods or services described in this report.

I did not receive any benefit, money, goods, or services as a result of the events described in this report.

My identification documents (i.e., credit cards; birth certificate; driver's license; Social Security

card, etc.)  were stolen  were lost on or about		(day/month/year)
I don’t know who the imposter is at this time or how this happened.

I have proof that the following person(s) used my information (for example, my name, address, date of birth, existing account numbers, Social Security number, mother’s maiden name, etc.) or identification documents to obtain money, credit, loans, goods, or services without my knowledge or authorization: (only fill out if you are certain)

Name (if known)

Address (if known)

Phone number(s) (if known)

Additional information (e.g. relationship)

Name (if known)

Address (if known)

Phone number(s) (if known)

Additional information (if known)

Name of agency:

Case #

Name of investigator if known:

Contact information for law enforcement: (address/phone)

Signature of victim:

Date

I declare under penalty of perjury that this declaration is true and correct to the best of my knowledge.

Knowingly submitting false information on this affidavit could subject me to criminal prosecution for perjury.

Have one witness (non-relative) sign below that you completed and signed this declaration.

Witness:

(Signature)		(Printed name)

(Date)		(Telephone number)
List of enclosed documents:

Addendum B

Credit Bureaus

TransUnion

Fraud Victim Assistance Department

P.O. Box 2000 Chester, PA 19016-2000

Phone: 800-680-7289

Equifax Credit Information Services

Fraud Victim Assistance Department

Consumer Fraud Division

P.O. Box 740256

Atlanta, GA 30374

Phone: 800-525-6285

Experian

National Consumer Assistance

P.O. Box 9554

Allen, TX 75013

Phone: 888-397-3742

Federal Trade Commission

Fraud Victim Assistance Department

Phone: 877-ID-THEFT

Website: www.ftc.gov/idtheft

U.S. Postal Inspection Service

Website: www.usps.com/postalinspectors

To report fraudulent use of your checks

Check Rite Systems

Phone: 701-214-4123

Website: www.checkritesystems.com

Global Payments

Phone: 800-638-4600

Website: www.globalpaymentsinc.com/USA/customerSupport/fraud.html

SCAN

Phone: 800-262-7771 Tele-Check Phone: 800-710-9898

Website: www.firstdata.com/telecheck/telecheck-check-fraud.htm

Chex Systems Phone: 800-328-5121

Website: www.consumerdebit.com/consumerinfo/us/en/index.htm Protect yourself from fraud