Transcript
CHRISTY HOROWITZ & SANFORD HOROWITZCHRISTY HOROWITZ & SANFORD HOROWITZ
ATTORNEYS AT LAWATTORNEYS AT LAW
HOROWITZ LAWHOROWITZ LAW1032 SANTA BARBARA STREET 1032 SANTA BARBARA STREET
SANTA BANTA BARBARA, CA 93101SANTA BANTA BARBARA, CA 93101(805) 452-7214(805) 452-7214
CHRIS@HOROWITZFORLAW.COMCHRIS@HOROWITZFORLAW.COM SANDY@HOROWITZFORLAW.COMSANDY@HOROWITZFORLAW.COM
WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM
Protecting Against Identity Theft
What is Identity Theft? Identity theft occurs when someone
represents that he/she is you… by using your personal information; Obtained without your consent; and Does so for either fraudulent or other unlawful,
improper purpose.
What is Identity Theft?
In an "account takeover," the person gains access to an existing, legitimate account using your personal information.
Someone who uses your personal information to avoid prosecution commits "criminal" identity theft.
Where do they get your personal information?
Although computer "hacking" gets the biggest headlines, mail theft, dumpster diving, and theft of company records by employees continue to be the most common ways of obtaining personal information.
Obtaining personal information such as:
passwords, social security numbers, birth certificates, and taxes.
Fraudulent Tax ReturnsFraudulent Tax Returns During tax season, identity theft is most During tax season, identity theft is most
common in fraudulent tax returns.common in fraudulent tax returns. In this manner, identity theft occurs through a In this manner, identity theft occurs through a
stolen social security number stolen social security number that is filed on a tax that is filed on a tax return claiming a return claiming a fraudulent refundfraudulent refund. .
Protect your personal information upon receiving Protect your personal information upon receiving tax advice while viewing e-mails or receiving tax advice while viewing e-mails or receiving telephone calls. telephone calls. Give your social security number only when it is Give your social security number only when it is
required.required.
What laws are used to prosecute cases of Identity Theft?
In California, Penal Code section 530.5, Using Personal Information of Another, is perhaps the most common law charged in connection with Identity Theft.
It can be charged as a misdemeanor or a felony.
Punishments include a fine, jail time not
exceeding one year (misdemeanor), or up to 3 years in county jail (felony).
What laws are used to prosecute cases of Identity Theft?
It is commonly charged in conjunction with other charges including grand theft, credit card fraud, perjury, and burglary statutes.
PC 487, Grand Theft PC 484f(e), Access Card Fraud PC 459, Burglary
What should I do if I am a victim of Identity Theft?
Be sure to report the crime to your local law enforcement agency and obtain a copy of the police report.
Contact the three major credit reporting companies. Ask them to place a fraud alert on your credit
report and to indicate on your reports… "My ID has been used to apply for credit fraudulently.
Contact me at [telephone number] to verify all applications."
What should I do if I am a victim of Identity Theft?
Ask the credit bureaus to remove inquiries generated due to the fraudulent accounts and to remove the items that are due to the criminal activity of the identity thief.
Ask the IRS to issue an Identity Protection PINs (IP PINs). These pins are assigned annually to victims of
identity theft for unresolved cases when filing their federal tax return.
What should I do if I am a victim of Identity Theft?
Here’s where to write or call: Equifax, P.O. Box 740241, Atlanta, GA 30374, 1-
888-766-0008
Experian, P.O. Box 2104, Allen, TX 75013, 1-888-397-3742
TransUnion, P.O. Box 6790, Fullerton, CA 92834, 1-800-680-7289
Protect Yourself from Identity Theft
Protect Yourself from Identity Theft
The safest way to protect yourself from being a victim of identity theft is to shred papers containing your personal information before throwing it way in the trash.
Ask your credit cards to freeze your accounts when any suspicious activity arises.
Let your banks know in advance of any new business or loans.
Protect yourself from Identity Protect yourself from Identity TheftTheft
Limit access to your accountsLimit access to your accounts
Change passwords and logins monthlyChange passwords and logins monthly
Check your accounts regularlyCheck your accounts regularly
Monitor your credit reportsMonitor your credit reports
Protect yourself from Identity Protect yourself from Identity TheftTheft
Pay for online purchases with a credit card Pay for online purchases with a credit card rather than a debit cardrather than a debit card
Be alert for “phishing,”Be alert for “phishing,” Never give out personal information over the Never give out personal information over the
phone, emails, and on unsecure websitesphone, emails, and on unsecure websites
Protect yourself from Identity Protect yourself from Identity TheftTheft
A thief's effort to A thief's effort to steal Rep. Jim steal Rep. Jim Renacci's identity Renacci's identity to secure a to secure a fraudulent IRS fraudulent IRS refund has refund has prompted Renacci prompted Renacci to introduce to introduce legislation to legislation to combat identity combat identity theft at IRS.theft at IRS.
Protect yourself from Identity Protect yourself from Identity TheftTheft
A criminal's effort to A criminal's effort to impersonate Rep. Jim impersonate Rep. Jim Renacci and file a Renacci and file a bogus tax return in his bogus tax return in his name has prompted name has prompted the Wadsworth the Wadsworth Republican to Republican to introduce Internal introduce Internal Revenue Service Revenue Service reforms to thwart reforms to thwart identity theft.identity theft.
Protect yourself from Identity Protect yourself from Identity TheftTheft
The fake return bore The fake return bore Renacci's and his Renacci's and his wife's actual Social wife's actual Social Security numbers and Security numbers and a dummied-up W2 a dummied-up W2 form for his form for his congressional income. congressional income.
Now, as the IRS investigates, Renacci is focusing on reforms to prevent future fraud. "Last year, 52,000 Ohioans were victims of identity theft in all forms," says Renacci.
Resources https://www.identitytheft.gov/https://www.identitytheft.gov/
Wall Street Journal, Wall Street Journal, Identity Theft & Credit Identity Theft & Credit Card Fraud- How to Protect Yourself. Card Fraud- How to Protect Yourself.
IRS, IRS, Identity Theft a Major Concern on the IRS Identity Theft a Major Concern on the IRS Annual “Dirty Dozen” List of Tax Scams to Annual “Dirty Dozen” List of Tax Scams to Avoid.Avoid.
CHRISTY HOROWITZ & SANFORD HOROWITZCHRISTY HOROWITZ & SANFORD HOROWITZ
ATTORNEYS AT LAWATTORNEYS AT LAW
HOROWITZ LAWHOROWITZ LAW1032 SANTA BARBARA STREET 1032 SANTA BARBARA STREET
SANTA BANTA BARBARA, CA 93101SANTA BANTA BARBARA, CA 93101(805) 452-7214(805) 452-7214
CHRIS@HOROWITZFORLAW.COMCHRIS@HOROWITZFORLAW.COM SANDY@HOROWITZFORLAW.COMSANDY@HOROWITZFORLAW.COM
WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM
Protecting Against Identity Theft
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