Identity Theft Penalty Enhancement Act
The Identity Theft Penalty Enhancement Act amends title 18 of the United States Code to establish penalties for aggravated
identity theft.
The Act adds to
section 1028 the following language: "whoever, during and in relation to any violation enumerated in subsection
(c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition
to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.
The Act also includes the following language pertaining to terrorism offenses: "whoever, during and in relation to any felony violation
enumerated in section 2332b(g)(5)(B), knowingly transfers possesses, or uses, without lawful authority, a means of identification of another person shall, in addition
to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.
Fair and Accurate Credit Transactions Act of 2003
The Fair and Accurate Credit Transactions Act is actually an amendment to the Fair Credit Reporting Act and provides several
new measures to protect consumers from identity theft.
The act calls for mandatory credit card account number truncation
on electronic receipts, the establishment of a national fraud alert system, identity theft account blocking by credit reporting agencies
when a police report is filed, and the development of guidelines to assist financial institutions and creditors to spot "red flag"
indicators in credit applications and other financial transactions that may suggest identity theft. In addition, the act gives
consumers the right to obtain records from businesses where identity thieves used their names and gives consumers the right
to block fraudulent information from appearing on their credit reports.
Most importantly, the Act allows consumers access to free consumer credit reports from each of the three national bureaus on an annual basis
and gives consumers the ability to make one call to obtain fraud alerts on all three credit reports. Reports may be obtained by
visiting
www.annualcreditreport.com.
Click HERE to
read the full House bill (HR 2622).
Identity Theft and Assumption Deterrence Act of 1998
The Act makes it a federal crime when someone "knowingly transfers or uses, without lawful authority, a means of
identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes
a violation of federal law, or that constitutes a felony under any applicable state or local law."
The Act considers a name, social security number, a credit card, cellular telephone, electronic serial number or any other
piece of information that may be used alone or in conjunction with other information as a "means of identification."
Fair Credit Billing Act
The Act establishes procedures for resolving errors on credit card bills and statements with regard to your credit card accounts.
These errors include fraudulent charges made by someone else on your accounts. The act also limits your liability for unauthorized
credit card charges to $50 per card.
Click HERE to
read the full House bill (HR 11221).
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA), is designed to promote accuracy and ensure the privacy of the information used
in consumer reports. Recent amendments to the Act expand your rights and place additional requirements on credit reporting agencies.
Businesses that supply information about you to credit reporting agencies and those that use consumer reports also have new responsibilities under the law.
Click HERE to
read the full Act.
Fraud and related activity in connection with identification documents
and information - Title 18 U.S.C. 1028
Fraud in connection with identification documents and information is committed when an individual:
1. knowingly and without lawful authority produces an identification document or a false identification document;
2. knowingly transfers an identification document or a false identification document knowing that such document was stolen or produced without lawful authority;
3. knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor) or false identification documents;
4. knowingly possesses an identification document (other than one issued lawfully for the use of the possessor) or a false identification document, with the intent such document be used to defraud the United States;
5. knowingly produces, transfers, or possesses a document-making implement with the intent such document-making implement will be used in the production of a false identification document or another document-making implement which will be so used;
6. knowingly possesses an identification document that is or appears to be an identification document of the United States which is stolen or produced without lawful authority knowing that such document was stolen or produced without such authority; or
7. knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law;
Mail Fraud - Title 18 U.S.C. 1341
Mail fraud is committed when an individual uses the postal system in furtherance of a scheme to obtain money or property from someone else by offering a product, service, or investment
opportunity that does not live up to its claims.
Fraud by Wire, Radio or Television - Title 18 U.S.C. 1343
Wire fraud is committed when an individual, having devised a scheme for the purpose of obtaining money
or property by means of false pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or
television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice.
Bank Fraud - Title 18 U.S.C. 1344
Bank fraud is committed when an individual knowingly executes, or attempts to execute a scheme or artifice to defraud a
financial institution or to obtain any of the moneys, funds, credits, assets, securities or other property, owned by, or
under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or
promises.
*CLICK HERE TO SEARCH THE ENTIRE US CODE.
VIRGINIA LAWS
Forging Public Records, etc. - Title § 18.2-168.
If any person forge a public record, or certificate, return, or attestation, of any public officer or public employee, in relation to any
matter wherein such certificate, return, or attestation may be received as legal proof, or utter, or attempt to employ as true, such
forged record, certificate, return, or attestation, knowing the same to be forged, he shall be guilty of a Class 4 felony.
Forging Coin or Bank Notes - Title § 18.2-170.
If any person (1) forge any coin, note or bill current by law or usage in this Commonwealth or any note or bill of a banking
company, (2) fraudulently make any base coin, or a note or bill purporting to be the note or bill of a banking company, when
such company does not exist, or (3) utter, or attempt to employ as true, or sell, exchange, or deliver, or offer to sell, exchange,
or deliver, or receive on sale, exchange, or delivery, with intent to utter or employ, or to have the same uttered or
employed as true, any such false, forged, or base coin, note or bill, knowing it to be so, he shall be guilty of a Class 4 felony.
Identity Theft - Title § 18.2-186.3
In Virginia, It shall be unlawful for any person, without the authorization or permission of the person or persons who are
the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to: Obtain,
record or access identifying information which is not available to the general public that would assist in accessing financial
resources, obtaining identification documents, or obtaining benefits of such other person; Obtain goods or services through
the use of identifying information of such other person; Obtain identification documents in such other person's name; or
Obtain, record or access identifying information while impersonating a law-enforcement officer or an official of the government
of the Commonwealth.
It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying
information, with the intent to sell or distribute the information to another to: Fraudulently obtain, record or access identifying
information that is not available to the general public that would assist in accessing financial resources, obtaining identification
documents, or obtaining benefits of such other person; Obtain goods or services through the use of identifying information of
such other person; Obtain identification documents in such other person's name; or Obtain, record or access identifying
information while impersonating a law-enforcement officer or an official of the Commonwealth.
It shall be unlawful for any person to use identification documents or identifying information of another person or of a false
or fictitious person, whether that person is dead or alive, to avoid summons, arrest, prosecution or to impede a criminal investigation.
Credit Card Theft - Title § 18.2-192.
In Virginia a person is guilty of credit card or credit card number theft when:
He takes, obtains or withholds a credit card or credit card number from the person, possession, custody or control
of another without the cardholder's consent or who, with knowledge that it has been so taken, obtained or withheld,
receives the credit card or credit card number with intent to use it or sell it, or to transfer it to a person other than the
issuer or the cardholder; or
He receives a credit card or credit card number that he knows to have been lost, mislaid, or delivered under a mistake
as to the identity or address of the cardholder, and who retains possession with intent to use, to sell or to transfer the
credit card or credit card number to a person other than the issuer or the cardholder; or
He, not being the issuer, sells a credit card or credit card number or buys a credit card or credit card number from a person other than the issuer.
Credit card or credit card number theft is grand larceny and is punishable as provided in § 18.2-95
*CLICK HERE TO SEARCH THE ENTIRE CODE OF VA.
