The crime of falsely assuming the identity of another
to gain a benefit or avoid an expense.
False Personation

 Prior to 1998, crimes that would now be considered
identity theft were charged under "false personati...
False Personation

 The crime of falsely assuming the identity of another
person in order to gain a benefit or cause harm...
False Personation

 A false impersonator need not alter her or his voice,
wear a disguise, or otherwise change her or his...
False Personation

 The person impersonated must be real, not fictitious. If
a police officer pulls a driver over for spe...
Federal Identity Theft Laws
Identity Theft and Assumption
Deterrence Act of 1998

 It wasn’t until Congress passed the Identity Theft and
Assumption ...
Identity Theft and Assumption
Deterrence Act of 1998 accomplished
four things

 1st) It made identity theft a separate cr...
Identity Theft and Assumption
Deterrence Act of 1998

 2nd) It established the Federal Trade Commission (FTC)
as the Fede...
Identity Theft and Assumption
Deterrence Act of 1998

 3rd) It increased criminal penalties for identity theft and
fraud....
Identity Theft and Assumption
Deterrence Act of 1998

 4th) It closed legal loopholes, which previously had made
it a cri...
Fair Debt Collection Practices Act
(FDCPA)

 Prohibits debt collectors from using unfair or deceptive practices
to collec...
Fair Credit Reporting Act (FCRA)
and the Fair and Accurate Credit
Transactions Act (FACTA) of 2003
 FCRA is the law gover...
Identity Theft Penalty Enhancement
Act of 2004

 This act establishes penalties for "aggravated" identity
theft, which is...
Identity Theft Enforcement and
Restitution Act of 2008

 This act to make it clear that restitution orders for identity t...
Compiled and designed by Mark Fullbright , Certified
Identity Theft Risk Management Specialist™ (CITRMS) as
a free service...
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False Personation aka Identity Theft

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False Personation aka Identity Theft

  1. 1. The crime of falsely assuming the identity of another to gain a benefit or avoid an expense.
  2. 2. False Personation  Prior to 1998, crimes that would now be considered identity theft were charged under "false personation" statutes, which go back to the late 19th century.
  3. 3. False Personation  The crime of falsely assuming the identity of another person in order to gain a benefit or cause harm to the other person can be referred to as false personation or false impersonation. False personation laws have been enacted at both the state and federal levels to protect the dignity, reputation, and economic well-being of the individual being impersonated. Further, these statutes deter criminals by discouraging the impersonator's pursuit of benefits.
  4. 4. False Personation  A false impersonator need not alter her or his voice, wear a disguise, or otherwise change her or his characteristics or appearance in order to be found guilty. False personation simply involves passing oneself off as another person. For example, an individual who misrepresents herself to be someone else in order to wrongfully cash that person's paycheck commits false personation.
  5. 5. False Personation  The person impersonated must be real, not fictitious. If a police officer pulls a driver over for speeding, and the driver pretends to be his brother, the driver is guilty of false personation. His brother is an actual person, and the crime of false personation is designed to take advantage of his brother's reputation and driving record.
  6. 6. Federal Identity Theft Laws
  7. 7. Identity Theft and Assumption Deterrence Act of 1998  It wasn’t until Congress passed the Identity Theft and Assumption Deterrence Act of 1998 that identity theft was officially listed as a federal crime. The act strengthened the criminal laws governing identity theft.
  8. 8. Identity Theft and Assumption Deterrence Act of 1998 accomplished four things  1st) It made identity theft a separate crime against the individual whose identity was stolen and credit destroyed. Previously, victims had been defined solely by financial loss and often the emphasis was on banks and other financial institutions, rather than on individuals.
  9. 9. Identity Theft and Assumption Deterrence Act of 1998  2nd) It established the Federal Trade Commission (FTC) as the Federal Government’s one central point of contact for reporting instances of identity theft by creating the Identity Theft Data Clearinghouse.
  10. 10. Identity Theft and Assumption Deterrence Act of 1998  3rd) It increased criminal penalties for identity theft and fraud. Specifically, the crime now carries a maximum penalty of 15 years imprisonment and substantial fines.
  11. 11. Identity Theft and Assumption Deterrence Act of 1998  4th) It closed legal loopholes, which previously had made it a crime to produce or possess false identity documents, but not to steal another personal’s personal identifying information.
  12. 12. Fair Debt Collection Practices Act (FDCPA)  Prohibits debt collectors from using unfair or deceptive practices to collect overdue bills that a creditor has forwarded for collection.
  13. 13. Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transactions Act (FACTA) of 2003  FCRA is the law governing the accuracy and privacy of credit reports. FACTA amended the Fair Credit Reporting Act in 2003 to strengthen and add to the protections for victims of identity theft. These laws require consumer reporting agencies (CRAs) and creditors to help victims recover from identity theft, and allow consumers to place alerts on their credit files if they are or believe they may become victims of identity theft.  Consumers have the right to dispute inaccurate information, and CRAs and creditors must investigate the claim and correct information if it is inaccurate. The laws also entitle consumers to a free credit report once per year from each of the three credit reporting agencies.  As part of the responsibilities under FACTA, the Federal Trade Commission and the federal financial agencies established "Red Flag Rules" requiring creditors and financial institutions to establish programs designed to address identity theft.
  14. 14. Identity Theft Penalty Enhancement Act of 2004  This act establishes penalties for "aggravated" identity theft, which is using the identity of another person to commit felony crimes, including immigration violations, theft of another’s Social Security benefits, and acts of domestic terrorism.
  15. 15. Identity Theft Enforcement and Restitution Act of 2008  This act to make it clear that restitution orders for identity theft cases may include an amount equal to the value of the victim’s time spent remediating the actual or intended harm of the identity theft or aggravated identity theft.  The new law also allows federal courts to prosecute when the criminal and the victim live in the same state. Under previous law, federal courts only had jurisdiction if the thief uses interstate communication to access the victim’s PII.
  16. 16. Compiled and designed by Mark Fullbright , Certified Identity Theft Risk Management Specialist™ (CITRMS) as a free service for consumers to protect themselves from identity theft Stay Safe, Stay Secure Office for Victims of Crime 810 Seventh Street NW., Eighth Floor, Washington, DC 20531 The Office for Victims of Crime is a component of the Office of Justice Programs, U.S. Department of Justice.

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