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CHRISTY HOROWITZ & SANFORD HOROWITZ CHRISTY HOROWITZ & SANFORD HOROWITZ ATTORNEYS AT LAW ATTORNEYS AT LAW HOROWITZ LAW HOROWITZ LAW 1032 SANTA BARBARA STREET 1032 SANTA BARBARA STREET SANTA BANTA BARBARA, CA 93101 SANTA BANTA BARBARA, CA 93101 (805) 452-7214 (805) 452-7214 [email protected] [email protected] [email protected] [email protected] WWW.HOROWITZFORLAW.COM WWW.HOROWITZFORLAW.COM Protecting Against Identity Theft
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Identity theft- Horowitz Law

Jan 22, 2018

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Page 1: Identity theft- Horowitz Law

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

[email protected]@HOROWITZFORLAW.COM [email protected]@HOROWITZFORLAW.COM

WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM

Protecting Against Identity Theft

Page 2: Identity theft- Horowitz Law

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.

Page 3: Identity theft- Horowitz Law

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.

Page 4: Identity theft- Horowitz Law

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.

Page 5: Identity theft- Horowitz Law

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.

Page 6: Identity theft- Horowitz Law
Page 7: Identity theft- Horowitz Law

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).

Page 8: Identity theft- Horowitz Law

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

Page 9: Identity theft- Horowitz Law

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."

Page 10: Identity theft- Horowitz Law

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.

Page 11: Identity theft- Horowitz Law

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

Page 12: Identity theft- Horowitz Law

Protect Yourself from Identity Theft

Page 13: Identity theft- Horowitz Law

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.

Page 14: Identity theft- Horowitz Law

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

Page 15: Identity theft- Horowitz Law

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

Page 16: Identity theft- Horowitz Law

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.

Page 17: Identity theft- Horowitz Law

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.

Page 18: Identity theft- Horowitz Law

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.

Page 19: Identity theft- Horowitz Law

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.

Page 20: Identity theft- Horowitz Law

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

[email protected]@HOROWITZFORLAW.COM [email protected]@HOROWITZFORLAW.COM

WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM

Protecting Against Identity Theft