Identity theft, though not usually a crime involving an individual’s physical safety, can still destroy a victim’s reputation and good community standing. It affects our entire persona, if you will. As if being a victim of crime is not enough, identity theft is distinctive as a crime in that there is an initial presumption of guilt. A victim must establish beyond “reasonable doubt” that they are innocent of any wrongdoing.
Identity Theft as a Crime
Identity theft is defined as someone acquiring another’s personal information – name, Social Security Number, credit card and/or debit card numbers, driver’s license, or other personal identifying information – and using it to assume that identity for unlawful purposes. The unlawful purposes usually involve some form of monetary gain. However, there is a darker side to identity theft that can result in immeasurably more dreadful legal entanglements. Both criminals and terrorists are known to assume new identities to evade detection by law enforcement authorities. Crimes that are committed under an assumed identity are considered, at least initially, the work of the victim of the identity theft!
Maybe You Didn’t Know
Although identity theft has been around for a long time, the federal government did not classify the act as a federal crime until 1998. Like all crime, statistics for identity theft are available from both government and private sector sources. Unlike most crime, identity theft statistics are difficult to report as statistically current. Up to 18 percent of identity theft victims are unaware of the theft for four or more years according to an Identity Theft Resource Center (ITRC) Aftermath Study from 2004. Maybe you didn’t know, but:
• From 2005 to 2009, 500 million records from government and corporate sources were compromised because of data breaches (Javelin Strategy and Research, 2009).
• Thefts as a result of stolen purses, wallets or hardcopy paperwork accounted for 43 percent of total thefts (Javelin Strategy and Research, 2009).
• Seven percent of all identity thefts were medical identity thefts. (AARP)
• In 2010, personal information thefts unrelated to money were 29.4 percent of total thefts (U.S. Department of Justice, 2011).
• Child identity theft occurs at the rate of 20,000 cases per year (reported by the FTC).
These statistics do not begin to represent all of the cases of identity fraud. It is estimated that each year there are approximately 2 million cases of stolen identities from the dead.
Going Forward
If there is a positive aspect to be found here, it is that in 2010 the reported cases of identity theft dropped by 28 percent. Correspondingly, the losses sustained as a result of those identity thefts are lower. The bad news is that thefts related to smart phones and social media sources are trending upward (Javelin Strategy & Research). Perhaps as law enforcement agencies improve their ability to identify and prosecute perpetrators, and government agencies and corporate entities continue to improve their security we can be hopeful that these numbers will continue to fall.
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