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Criminal Identity Theft: What to Do if It Happens to You

What is criminal identity theft? Criminal identity theft occurs when an imposter gives another person's name and personal information such as a drivers' license, date of birth, or Social Security number (SSN) to a law enforcement officer during an investigation or upon arrest. Or the imposter may present to law enforcement a counterfeit license containing another person's data.

Frequently, but not always, the imposter fraudulently obtained a driver's license or identification card in the victim's name and provides that identification document to law enforcement. Or the imposter, without showing any photo identification, uses the name of a friend or relative. In many cases, the imposter is cited for a traffic violation or for a misdemeanor violation and is released from the arrest. The imposter signs the citation and promises to appear in court. If the imposter does not appear in court, the magistrate may issue a bench warrant, but the warrant of arrest will be under the victim's name.

The identity theft victim may not know there is a warrant of arrest issued under his/her name. The victim may unexpectedly be detained pursuant to a routine traffic stop and then subsequently arrested and taken to county jail (booked) because of the outstanding bench warrant.

In some cases the imposter will appear in court for the traffic or misdemeanor violation and plead guilty without the victim being aware of this event. In other cases, the imposter is arrested and booked at the county jail for a felony such as a drunk driving or other serious public offense. The imposter provides the victim's name and personal information. This information is then recorded in the countywide data base and is usually transferred to the State's criminal records data base and possibly to the national data bases, the National Crime Information Center (NCIC)

Some identity theft victims, unaware of the earlier criminal activity by the imposter, may learn of the impersonation when the victim is denied employment or terminated from employment. In these cases, the employer conducted a background investigation and had relied upon the criminal history found under the victim's name. Note that the employer is legally obligated to inform the victim of the reason for the rejection of employment. (See Federal Trade Commission information about this requirement at http://www.ftc.gov/bcp/edu/pubs/consumer/general/gen03.shtm.)

Unfortunately, as with financial identity theft, the burden of clearing one's name within the criminal justice system is primarily on the victim. The victim must act quickly and assertively to minimize the damage. Yet, the responsibility to correct the erroneous data in the various criminal justice computer systems is with the officials working within the criminal justice system. There are no established procedures for clearing one's wrongful criminal record.

This guide. The purpose of this guide is to provide information on the steps you must take to clear your name. Be aware that the procedures to correct the record within the criminal justice data bases are likely to be somewhat different from state to state, and even from jurisdiction to jurisdiction. This publication gives you an outline of steps to take http://www.ftc.gov/bcp/edu/pubs/consumer/general/gen03.shtm.

Organizing your case. In dealing with the authorities, it is vital that you keep a detailed log of all conversations, including dates, names, phone numbers, and e-mail addresses. Note the time spent and any expenses incurred, as you may some day be able to request restitution for damages from the courts. Confirm conversations in writing, especially ones that directly deal with clearing criminal records. Send correspondence by certified mail, return receipt requested. Keep copies of all letters and documents sent by mail for your files.

If you must correspond by e-mail, ask the recipient to verify receipt of the letter with the original message attached. However, we must remind you that electronic messages are not secure and should be used sparingly. Never send anything by e-mail that you would not want publicly published.

We recommend using our Fact Sheet 106, "Organizing Your Case," to help you track your efforts. Attorney Mari Frank also offers identity theft prevention and survival tools , (800) 725-0807 (www.identitytheft.org).

Criminal records data bases. When an individual is first "booked" or a warrant of arrest is issued, that person's name is likely to be entered into the county data base and the state's criminal records data base. In California, this system is called the Criminal Identification Index (CII).
In the situation of criminal identity theft, the name and other identifying information such as Social Security number that appear in the data bases are that of the victim. The information is also likely to be entered into the Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC) data base (www.fbi.gov). Victims of criminal identity theft should assume that information is maintained in local, state, and federal criminal history files.

This presents a problem for the victim. The usual method of query by law enforcement into the various criminal justice data bases is by name, date of birth, and/or drivers' license number. Yet, law enforcement relies on the accuracy of such information for their investigations.

Once the victim's name is recorded on a criminal record data base, it will be unlikely that the victim's name will be totally removed from the official record. Should the imposters' true identity be determined, the victim should request a "key name" switch within the various criminal justice data bases. This means that the record will reflect the imposter's true name as the primary name and the victim's name will appear as an alias (aka). Law enforcement insists on this record-keeping system because it reflects more accurately the criminal event. The dilemma for law enforcement - and for the victim -- is when the imposter's identity has not been determined.

The following are general steps you must take to clear your name of the erroneous criminal records attributed to you. Please note that these procedures are likely to vary somewhat from jurisdiction to jurisdiction.

1. What is the first step the victim of criminal identity theft should take? Contact the arresting or citing law enforcement agency -- that is, the police or sheriff's department that originally arrested the person using your identity, or the court agency that issued the warrant for the arrest. Explain that this is a case of misidentification and that someone is using your personal information. Insist that you are the victim.

2a. Working with the arresting law enforcement agency: File an impersonation report. The law enforcement agency should first confirm your identity. This can be done by the police department taking a full set of your fingerprints, your photograph, and copying any photo identification documents such as a driver's license, passport, or U.S. legal presence documents.
Once your identity has been established, the law enforcement agency should retrieve the booking record of the criminal event that you dispute. This will include the booking prints and booking photograph or the citation which may or may not have a thumbprint impression. Request that the law enforcement agency compare the prints and/or photographs to establish your innocence.

Subsequently, the law enforcement agency should recall any warrants and issue a "clearance letter" or certificate of release (if you were arrested/booked) which you will need to keep in your possession at all times. Also, request that the law enforcement agency file with the district attorney's office and/or court of jurisdiction the follow-up investigation establishing your innocence which will entail an amended complaint being issued.

Request that the law enforcement agency change all records from your name to the imposter's true identity (if the true identity of the imposter is known). Some but not all of the levels that must be cleared include city, county, state, and federal data bases.

2b. Working with the court: You will need to determine the specific law(s) in your state that enable you to clear your name in the court records. In California, this is Penal Code Section 851.8, "Determination of Factual Innocence." Ask if something similar to Penal Code Section 851.8 is appropriate in your situation. A judge or magistrate will be required to make this determination.
The declaration should say that you are factually innocent of charges based upon the follow-up impersonation investigation by the law enforcement agency, or declarations, affidavits, or other material and relevant information. This action will change the name on the arrest records and the warrant of arrest to that of the imposter (if the true identity of the imposter is known). Your name will then be known as an alias of the imposter. The court should be requested to provide written verification for you to carry.

The following is a description of the process you are likely to encounter when working with the court to clear your name of the erroneous criminal records that exist in your name. We recommend that you first file an impersonation report with the law enforcement agency of jurisdiction and allow that agency to conduct their follow-up investigation and submit their findings to the court. However, depending upon the law enforcement agency's readiness for investigating this type of crime (criminal identity theft) or the county's prescribed protocols, you may need to proceed to the court to expedite this process.

If you discovered that there is an arrest warrant or criminal conviction, you may visit the courthouse in the jurisdiction where the arrest was made to schedule a hearing. The office that you visit within the courthouse will depend on whether the warrant is for a felony or misdemeanor crime and/or traffic violation.

It is best to call the courthouse before making the trip so you can verify the specific office, the hours they are open to the public, and what documentation you need to bring with you. Also, obtain the warrant number and/or case number ("docket") of the court. Most likely you will be asked to bring photo identification documents such as a driver's license, passport, or U.S. legal presence documents.

Tell the clerk there is a docket and/or warrant in your name and you dispute the criminal event that appears in your name. Depending upon the court of jurisdiction's protocols, the clerk may copy your identification documents(s) and obtain other pertinent information from you. You will likely be instructed to have your fingerprints taken, which might be done at the District Attorney's office, sheriff's office, or at the courthouse itself.

Arrangements will be made to schedule an "identity hearing" with the goal of obtaining a determination of factual innocence. At that hearing a judge will examine the evidence, whether it is proof you obtained on your own or subsequent police reports. If the court determines that you indeed are the wrong person named in the case/warrant, you will be issued a certificate that declares your innocence in this case.

For this and any other "certificates of clearance" that you obtain, make several copies. Carry one with you at all times. File another at home in a secure place. Give others to relatives and/or friends who can be contacted in situations where you might have forgotten yours. If you are a California resident, see also step 8 below.

Remember, this whole process can be complex. It involves the arresting agency, the court, and the administrators of the various criminal justice data base systems including the motor vehicle data bases. In the best-case scenario you might be able to completely separate your name from the imposter. In most cases, your name will remain a known alias of the imposter indefinitely.

3. What if the victim of identity theft lives in one county and the criminal event including the arrest warrant, traffic citation, or criminal conviction originated from another county or state? Go to the police or sheriff department in your own jurisdiction or residency and request they take an impersonation report. Obtain a copy of the report and report number. Ask them to take the report under the appropriate Penal Code Section for either identity theft or false personation. You can visit the Federal Trade Commission web site to determine whether your state has enacted an identity theft statute (www.consumer.gov/idtheft).

In California, the law enforcement agency in the victim's own jurisdiction is now required by law (Penal Code Section 530.6) to take an impersonation report. It may begin an investigation or refer the matter to the law enforcement agency where the suspected crime was committed for an investigation of the facts.

In states other than California that might not have a "local jurisdiction" law such as Penal Code 530.6, request your local law enforcement to take a "courtesy report." Mail the report, your fingerprints, your photograph, and any photo identification documents such as a driver's license, passport, or U.S. legal presence documents to the police department in the jurisdiction where the arrest warrant, traffic citation, or criminal conviction originated. Include any information you may have about the imposter, including but not limited to photograph, physical description, fingerprints, known alias and addresses.

The best method to track and resolve your case is to establish direct communication with the assigned detective or investigator. Ask this person what additional steps you need to go through to obtain a letter of clearance from their agency. Also, consider that you may be requested to sign an affidavit under the penalty of perjury that you did not give any individual permission or authority to use your name, personal identifiers including birth date, driver's license number, and Social Security number. You may also be called to testify in court if the imposter is identified and prosecuted.

You should also ask your local law enforcement agency if it can query your name through various law enforcement data bases (see item number 2a above) to see if there are any outstanding warrants, arrests, traffic violations, or convictions, that you do not yet know about. In some states, this step may be against system policies and/or may be unlawful - California, for example. But in such situations, you can ask law enforcement if they will determine simply if a record exists under the victim's name/identity, even though they may be prohibited from releasing this data to you, the victim.

4. Should the victim contact the Department (Bureau) of Motor Vehicles? Determine if your driver's license has been compromised in your state, or the state where the imposter appears to be committing crimes in your name. Order a certified copy of your drivers' license record for your own review of possible discrepancies. The imposter might have fraudulently obtained a duplicate license under your name and license number but has his/her photograph on the license. Or the imposter may have applied for an original license in a particular state while you live in another state. Ask if your license record can be "flagged" for possible fraud. A directory of DMVs in all 50 states can be found at www.aamva.org, the American Association of Motor Vehicle Administrators.

In California, if you can substantiate that your license number has been used fraudulently, you are entitled to a new license number. Check with your local DMV for their policy and procedures.

5. What if law enforcement determines the victim's innocence but doesn't know the true name of the imposter? In the event that the imposter's true name is not yet known, request the "key name," or primary name, be switched from your name to the name "John Doe" with your name noted as an alias.

6. What if the police agency does not believe that an imposter committed the crimes and arrests the victim? The first step is to ask the police to compare the arrest information - physical description, fingerprints, mug shots - to you. This should help prove your innocence. You may have to establish an alibi for the criminal event committed by the imposter. Check your date book: Can employment records establish your innocence? Do you have any receipts that prove where you were at the time of the criminal event. Is there someone who can vouch for your presence elsewhere? If this fails, you should give serious consideration to hiring a criminal defense attorney.

7. What if no fingerprints were taken by the arresting officer when the imposter was arrested? This often happens, especially with traffic violations and some misdemeanors like shoplifting. If the citation(s) does not contain a thumbprint, the law enforcement agency can compare your handwriting or signature to that of the citation. Or a vehicle records check can establish that you were not the registered owner of the vehicle that was associated with the citation. (Caution: Some imposters have registered vehicles using the victim's name.) Or the traffic officer that issued the citation may be asked to look at a photo line-up to establish that you were not the person cited.

8. Are there any agencies that might help the victim? There are identity theft laws passed in all 50 states and the U.S. Virgin Islands. Online resources include www.idsafety.org and www.ftc.gov/bcp/edu/microsites/idtheft/law-enforcement/state-laws-criminal.html  to determine the laws applicable to your state. Local state and federal law enforcement agencies like the local police department, your State Attorney General, and the FBI handle identity theft cases.  When you file a report, provide as much information as you can about the crime, including anything you know about the dates of the identity theft, the fraudulent accounts opened and the alleged identity theft.

9. Should the victim hire an attorney? Competent legal counsel can be invaluable in helping you to clear your name. We have talked with several victims who were unable to attract the attention of law enforcement and court personnel until an attorney (a criminal defense attorney) contacted them. We have also spoken with victims who have been able to navigate the criminal justice system without legal help. However, it took them considerable time and they felt vulnerable to being arrested for the crimes committed by the imposter.

10. Should the victim change their Social Security number or driver's license number? Not for most situations. Changing your Social Security number may cause more problems than it solves because you start with fresh records. You no longer have a financial history, work history, or even college records. A clean slate is considered negative by most lenders. These records are all linked by your old Social Security number. (See Fact Sheet 17(L), "Should I Change My Social Security Number")

If your driver's license number was used fraudulently by an imposter in a scheme to issue bogus checks to businesses, the license number may have been recorded and flagged by one of the various check cashing verification companies, for example, Telecheck. This may result in your check cashing privileges being denied. In this case, we recommend requesting a new license number. Be sure to contact the appropriate check verification service to clear the erroneous record.

11. In addition to working with law enforcement and the court system, are there any other steps the victim should take to clear his/her name? Yes. You must contact any information brokers who may have purchased your wrongful criminal records from the courts and/or law enforcement agencies.

Just like consumer reporting agencies compile credit data on consumers for the purpose of selling credit reports, information brokers compile criminal record information on individuals. They sell such information to employment background checkers, private investigators, attorneys, debt collectors, and others. Information brokers purchase such records from courts and law enforcement agencies throughout the country. Your wrongful criminal record is likely to have found its way to one or more of these data bases. The problem is that it may be very difficult to determine which information brokers have obtained the erroneous information and who they may have sold it to.
You should start by asking the court administrator who they sell their data to. Similarly, ask the law enforcement agency who they sell arrest data to, if anyone, and who else might have access to that data. You will want to immediately contact these entities in writing and request that they remove the erroneous information from their records. Also ask them who, if anyone, they have sold the information to, or who else has access to their data base. Do not be surprised if these companies are less than cooperative. If you encounter resistance, you may need to hire an attorney.

The information broker industry is, for all practical purposes, not regulated by federal or state law. There are no legally-mandated standards that they must comply with.

12. What additional considerations should I be aware of regarding employment? You may have learned about your wrongful criminal record from an employer who conducted a background check on you, and who has decided not to hire you because of the criminal record that was found. That employer is obligated to give you a copy of the report and tell you the name of the investigative company that compiled the report. This is a requirement of the federal Fair Credit Reporting Act, discussed in the next section.

Once you have learned the name of the company that conducted the background check, you should contact them and ask which information broker data base(s) they used in compiling the report. Then you must contact those companies to remove the erroneous data. Again, this is a situation in which the assistance of a competent attorney is likely to be invaluable.

If you are a victim of criminal identity theft, and if wrongful criminal records are preventing you from obtaining employment, you might want to request a criminal record clearance search through your state Department of Justice criminal records unit. You would fill out an application and submit fingerprints to the California Department of Justice. Your local police department can assist you in preparing a set of prints that is acceptable to the DOJ.

The DOJ then will conduct a criminal records search based on your fingerprints. If no matches are found, you will receive a letter from the DOJ stating that you have no criminal record based upon a fingerprint search. This could assist you in employment situations where wrongful criminal records are a barrier to finding a job. For links to the Attorneys General offices (DOJ) in the 50 states, visit the web site of the National Association of Attorneys General, www.naag.org.

13. Are there any precautions individuals can take to prevent becoming a victim of criminal identity theft? There is no "early detection" system to alert victims of criminal identity theft. However, there are some things that you can do as precautions. Besides ordering your credit history from the three credit bureaus each year, periodically obtain a copy of your driver's license record from your local DMV. Also, order a copy of your Personal Earnings and Benefits Estimate Statement from the Social Security Administration. Information about obtaining these documents can be found in Fact Sheets 17 and 17a at www.privacyrights.org. These fact sheets discuss credit-related identity theft.

Most victims learn of the perils of criminal identity theft by indirect means. These include notice of citation(s) from the courts, collection agency calls, and notice of warrant(s) of arrest. During a routine traffic stop, a police officer might inform the victim that their license was suspended or revoked. Or the victim might be arrested for crimes committed by the imposter.
We know of individuals who have been refused employment because of criminal identity theft. They learned of their wrongful criminal record from information obtained by the employer on the background check. Federal law requires employers to notify job applicants if they have been refused the job because of information on the background check. (For more information about the federal Fair Credit Reporting Act and "consumer investigative reports," see http://www.ftc.gov/bcp/edu/pubs/consumer/general/gen03.shtm.)

We have learned of several instances where employers did not comply with this law, and left the criminal identity theft victims in the dark about their wrongful criminal records. If you have repeatedly been rejected for employment, you might want to conduct a background check on yourself. Call Customer Service at Western Reporting to help you with this.  800-466-1996 or locally at 801-308-0005

Some additional action steps:

We hope that the above steps will help guide you in dealing with the struggles of criminal identity theft. Remember that the preceding steps to correct the record within the criminal justice system will be different from state to state, and even from county to county. If you become a victim of criminal identity theft, we recommend that you file a complaint with the Federal Trade Commission so they may more accurately monitor such crimes. This may be done online at www.consumer.gov/idtheft.

This publication was written by Linda Foley, Director, Identity Theft Resource Center; Beth Givens, Director, Privacy Rights Clearinghouse; and Paul Satkowski, state investigator. The information in this publication is the property of the Identity Theft Resource Center and Privacy Rights Clearinghouse. It is not available for commercial or promotional purposes without permission. Copyright 2001. All rights reserved. Any requests to reproduce this material, other than by individual victims for their own use, should be directed to the authors. Their mailing information is at the beginning of this guide. We thank Paul Johnsen (San Diego County District Attorney's office), Bronti Kelly (victim advocate), and Mari Frank, Esq. for their insights and advice.

UTAH LAW

Current Laws: A person is guilty of identity fraud when that person:
~Obtains personal identifying information of another person whether that person is alive or deceased; and
~ Knowingly or intentionally uses, or attempts to use, that information with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, any other thing of value, or medical information.  “Personal identifying information” may include name; birth date; address; telephone number; driver’s license number; Social Security number; place of employment; employee identification numbers or other personal identification numbers; mother’s maiden name; electronic identification numbers; electronic signatures; or any other numbers or information that can be used to access a person's financial resources or medical information except for numbers or information that can be prosecuted as financial transaction card offenses under the payment card fraud statutes. It is not a defense that the person did not know that the personal information belonged to another person. Identity fraud is a second degree felony (punishable by up to 15 years in jail and/or a fine up to $10,000) if the value of the credit, goods, employment, services, or any other thing of value is more than $5000, and a third degree felony (punishable by up to five years in jail and/or a fineup to $5000) if it is less than $5000. It is also a second degree felony if the fraudulent use of personal identifying information results, directly or indirectly, in bodily injury to another person. Multiple violations may be aggregated into a single offense, and the degree of the offense is determined by the total value of all credit, goods, services, or any other thing of value used, or attempted to be used, through the multiple violations.
Statute §76-6-1102: http://le.utah.gov/~code/TITLE76/htm/76_06_110200.htm
It is a Class A misdemeanor, punishable by up to a year in prison and/or a fine up to $2500, to obtain, possess, or help another person obtain false identification documents. However, it becomes a third degree felony if a person obtains, possesses, or helps another person obtain multiple false identification cards.
Statute: §76-6-1105: http://le.utah.gov/~code/TITLE76/htm/76_06_110500.htm

Jurisdiction: Charges can be filed in the home county of a victim, even if the fraud was perpetrated in another Utah county or out of state. Charges can be filed where the victim’s personal identifying information was obtained; where the defendant used or attempted to use the personally identifying information; where the victim of the identity fraud resides or is found; or if multiple offenses of identity fraud occur in multiple jurisdictions, in any county where the
Statute: §76-1-202: http://le.utah.gov/~code/TITLE76/htm/76_01_020200.htm

Phishing: It is a second degree felony to use a computer for any scheme or artifice to obtain a person’s sensitive personal identifying information by means of false or fraudulent pretenses, representations, or promises. The punishment does not depend, as it does in most fraud cases, on the amount of money lost. Sensitive personal identifying information includes an individual’s Social Security number; driver’s license number or other government issued identification number; financial account number or credit or debit card number; password or personal identification number or other identification required to gain access to a financial account or a secure website; automated or electronic signature; unique biometric data; or any other information that can be used to gain access to an individual’s financial accounts or to obtain goods or services.
Statute: §76-10-1801(f): http://le.utah.gov/~code/TITLE76/htm/76_10_180100.htm

Payment Cards: It is unlawful for any person to:
~ Knowingly, with intent to defraud, obtain or attempt to obtain credit or purchase or attempt to purchase goods, property, or services, by the use of a false, fictitious, altered, counterfeit, revoked, expired, stolen, or fraudulently obtained financial transaction card, by any financial transaction card credit number, personal identification code, or by the use of a financial transaction card not authorized by the issuer or the card holder; or
~Make application for a financial transaction card to an issuer, while knowingly making or causing to be made a false statement or report relative to his name, occupation, financial condition, assets, or to willfully and substantially undervalue or understate any indebtedness for the purposes of influencing the issuer to issue the financial transaction card.  Violations range from a class B misdemeanor to a second degree felony, based on the value of the property, money, or thing obtained or sought to be obtained.
Statute: §76-6-506.2: http://le.utah.gov/~code/TITLE76/htm/76_06_050602.htm Under state law, it is a third degree felony, punishable by up to five years in prison and/or a fine up to $5000, to:
~Acquire a financial transaction card from another without the consent of the card holder or the issuer, or, with the knowledge that it has been acquired without consent, and with intent to use it unlawfully;
~Receive a financial transaction card with intent to use it unlawfully;
~Sell or transfer a financial transaction card to another person with knowledge that it will be used unlawfully;
~Acquire a financial transaction card that the person knows was lost, mislaid, or delivered
under a mistake as to the identity or address of the card holder; and retains possession with intent to use it unlawfully or sell or transfer it to another person with the knowledge that it will be used unlawfully; or
~Possess, sell, or transfer any information necessary for the use of a financial transaction card, including the credit number of the card, the expiration date of the card, or the personal identification code related to the card, without the consent of the cardholder or the issuer, or with the knowledge that it has been acquired without consent, and with intent to use the information unlawfully.
Statute: §76-6-506.3: http://le.utah.gov/~code/TITLE76/htm/76_06_050603.htm

Scanning Devices: State law prohibits the use of a scanning device or re-encoder that is used to obtain or record encoded information from the magnetic strip of a payment card without the authorization of the authorized user and with the intent to defraud the authorized user, the issuer of the card, or a merchant. Scanning devices are defined as a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card. A re-encoder is an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card. Violations are a third degree felony. Second or subsequent offenses are a second degree felony.
Statute: §76-6-506.7: http://le.utah.gov/~code/TITLE76/htm/76_06_050607.htm

Driver’s Licenses: It is a third degree felony, punishable by up to five years in prison, to use a fraudulent driver’s license to aid or further efforts to fraudulently obtain goods or services or to aid or further the commission of a violent felony. It is a Class A misdemeanor, punishable by up to one year in jail, for an employee of the Driver License Bureau to knowingly issue a driver license with false or fraudulent information. It is a Class A misdemeanor to knowingly acquire, transfer, or use a false or altered driver license certificate to purchase tobacco or alcohol. It is a Class C misdemeanor to lend or knowingly permit another person to use your license; to use a license that is not yours; to knowingly make a false statement in an application for the license; to knowingly use or acquire a false identification card; or to alter any information on an authentic driver license certificate.
Statute: §53-3-229: http://le.utah.gov/~code/TITLE53/htm/53_03_022900.htm

Disposal of Customer Records: Businesses are required to destroy or arrange for the destruction of records containing personal identifying information before disposing of them. This can be done by shredding, erasing, or modifying the information to make it indecipherable. Statute: §13-44-201: http://le.utah.gov/~code/TITLE13/htm/13_44_020100.htm

Social Security Numbers: State law prohibits a person from displaying a Social Security number in a manner or location that is likely to be open to public view. It also prevents state or local agencies to employ inmates in any capacity that would allow an inmate access to another person’s personal information. Statute: §13-45-3: http://le.utah.gov/~code/TITLE13/htm/13_45_030100.htm

Victim Assistance:

Restitution: State law requires judges to order defendants convicted of identity theft to make restitution to the victim(s) of the offense or state on the record the reason why the court does not find ordering of restitution to be appropriate. Restitution may include payment for any costs incurred, including attorneys fees, lost wages, and replacement of checks; and the value of the victim’s time incurred due to the offense in clearing his/her credit record or credit record or in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim arising from the offense, or in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.
Statute §76-6-1102: http://le.utah.gov/~code/TITLE76/htm/76_06_110200.htm

Security Freeze: All Utah consumers are allowed to place security freezes on their consumer credit reports to prevent new accounts from being opened in their names. Such a freeze enables the consumer to prevent anyone from looking at his/her credit file for the purpose of granting credit unless the consumer chooses to allow a particular business look at the information. To request a freeze, a consumer must request one in writing by certified mail. The credit reporting agency is not allowed to charge a fee to victims for placing, temporarily removing, or removing a security freeze on a credit report. To avoid paying a fee, victims must send a valid copy of a police report or provide the police docket number that documents identity fraud. For all others, a “reasonable fee” will be applied for placing, temporarily lifting a freeze, or removing a security freeze.  The reporting agency must place the freeze within five business days after receiving the request, and within five days after placing the freeze, must send a written confirmation of the freeze and provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his credit for a specific party or period of time. Requests for a temporary unlocking of the freeze must be completed within three business days or within 15 minutes if the request is made through an electronic contact method or by telephone during normal business hours.
Statute: §13-45-101 through 205: http://le.utah.gov/~code/TITLE13/13_45.htm
“Credit Freeze” (http://idtheft.utah.gov/news/story03/fullStory03.html)
How To Apply for a Security Freeze:
http://www.consumersunion.org/pdf/security/securityUT.pdf

Security Breach: State law requires a person or business that owns or licenses computerized data that includes the personal information of a Utah resident to conduct a reasonable and prompt investigation of any breach of security to determine the likelihood that personal information has been or will be misused as a result of the branch. If, after the investigation is concluded, the business determines that misuse of an individual’s personal information has occurred or is reasonably likely to occur as a result of the breach of security, the business must notify the individual of the breach. A security breach occurs upon “unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of the personal information.”  Personal information is defined as an person’s first name or first initial and last name, combined with any one or more of the following data elements relating to that person when either the name or the data element is unencrypted and not protected by another method that renders the data unreadable or unusable: Social Security number; financial account number, or credit or debit card number, and any required security code, access code, or password, that would permit access to the person’s account; or driver license number or state identification card number. It does not include publicly available information that is lawfully made available to the public from federal, state, or local government records.  Notice must be made in the most expedient time possible without unreasonable delay, considering legitimate investigative needs of law enforcement; after determining the scope of the breach of system security; and after restoring the reasonable integrity of the system. Notification can be provided by mail, e-mail, telephone, or by publishing notice of the breach of system security in a newspaper of general circulation.
Statute: §13-44-202: http://le.utah.gov/~code/TITLE13/htm/13_44_020200.htm

Court Records: In any case in which a person commits identify fraud and uses the personal identifying information obtained to commit a crime in addition to the identity fraud, the court must make appropriate findings in any prosecution of such a crime that the person whose identity was falsely used to commit the crime did not commit the crime.
Statute: §76-6-1104: http://le.utah.gov/~code/TITLE76/htm/76_06_110400.htm

State Resources:
“Identity Theft Reporting Information System” (http://idtheft.utah.gov/index.html) Victims in Utah can report identity theft crimes online through the Attorney General’s Office Identity Theft Reporting Information System: “This is an official law enforcement web site from which all claims are reported to local, state or federal law enforcement agencies. Reporting a false claim is a crime and violations will be prosecuted to the fullest extent of the law.”
“Report Identity Theft” (http://idtheft.utah.gov/reportidtheft/index.html)
“Education” (http://idtheft.utah.gov/education/index.html)
This page contains links to many useful and helpful resources, including fact sheets, sample letters, and information on credit reporting agencies: ~“What is Identity Theft?”
(http://idtheft.utah.gov/education/educationpages/whatisidentitytheft_001.html)
~ “Step-By-Step Instructions”
(http://idtheft.utah.gov/education/StepbyStepInstructions/index.html)
This page contains information to assist individuals who are victims or suspect they may be victims of identity theft, depending on the situation and type of identity stolen.
~ “Detect and Recover from Identity Theft”
()
~ “Prevent Identity Theft”
(http://idtheft.utah.gov/education/educationpages/preventidtheft_001.html)
~ “Social Security Number Identity Theft”
(http://idtheft.utah.gov/education/educationpages/requestasocialsecuritystatement_001.html) Utah Department of Public Safety, “Identity Crime” (http://publicsafety.utah.gov/investigations/id_theft.html)
“Identity Theft and Criminal Records” (http://www.des.utah.gov/bci/IDtheft.html)
“Identity theft is very much a part of our world today, and is growing at an alarming rate. The Bureau of Criminal Identification (BCI) is aware that there are many victims of identity theft and Utah - 6 out staff is willing to help those affected. Following are some steps that need to be taken to begin the process of removing your name or other identifying information from a criminal record at BCI.”

Legislation 2008:

SB 52 will require judges to order defendants convicted of identity to make restitution to the victim(s) of the offense or state on the record the reason why the court does not find ordering of restitution to be appropriate. Restitution may include payment for any costs incurred, including attorneys fees, lost wages, and replacement of checks; and the value of the victim’s time incurred due to the offense in clearing his/her credit record or credit record or in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim arising from the offense, or in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.  The bill also adds a person’s birth date to the list of personal identifying information in the identity theft statute.

2007:

HB 432 requires the attorney general to maintain an Internet website to assist victims of identity related crimes. The website will allow an identity theft victim to report the crime and have the crime routed to the appropriate law enforcement agency, and can be expanded to include additional services. SB 140 provides that it is a second degree felony when a person fraudulently uses personal identifying information and then use results, directly or indirectly, in bodily injury to another person. SB 15 authorizes the Department of Workforce Services to notify an individual about the suspected misuse of his personal identifying information, which is indicated by a Social Security number (SSN) under which wages are being reported by two or more individuals or that of a person under 16 with reported wages over $1,000 for a single reporting quarter. The department may also notify the relevant law enforcement agency.

2006:

Under SB 184, if a person uses another party’s identifying information with fraudulent intent and to obtain anything of value, it is not a defense that the person did not know that the identifying information belonged to another person. SB 52 targets phishing crimes, in which the Internet and e-mail is used to steal people’s personal identifying information, especially bank account numbers or other financial information. The tactic typically involves e-mails asking for personal information or directing a user to a mock Web site, which results in the theft of account numbers and passwords. Under the bill, such crimes will be a second degree felony, and will not depend, as it does in most fraud cases, on the amount of money lost. The enhanced penalty recognizes that even if a person does not actually lose money, the theft of the identity often consumes a lot of time to correct the mistakes or unfreeze accounts.

Under SB 71, Utah residents will be allowed to freeze their credit report, which would prevent new accounts from being opened. A security freeze enables a consumer to prevent anyone from looking at his or her own credit reporting file for purposes of granting credit unless the consumer chooses to let that particular business look at the information. This gives consumers control over who has access to their information needed to process a credit application and effectively prevents crooks from opening new accounts in their name. When the consumer is applying for credit, the security freeze can be lifted temporarily so the application can be processed The bill also provides that a person may not display a Social Security number (SSN) in a manner or location that is likely to be open to public view, and provides for civil penalties for violations. It also prevents state or local agencies to employ inmates in any capacity that would allow an inmate access to another person’s personal information.

SB 69 requires businesses maintaining personal information about people to safeguard against its disclosure and notify customers if that information is subject to a system security breach. Notification would be required if the company determines that the misuse of information is highly likely to occur. The notification must be in the most expedient time possible, but it can be delayed if a law enforcement agency determines that it could hurt a criminal investigation. The bill also requires businesses to implement and maintain reasonable procedures to prevent the unlawful use or disclosure of personal information collected or maintained in the regular course of business. Before disposing of records containing personal information, it also must destroy or arrange for the destruction of the records, either by shredding, erasing, or modifying the information to make it indecipherable. The Attorney General’s Office would be able to assess fines of up to $2,500 per violation or series of violations concerning a specific consumer and no more than $100,000 for related violations affecting more than one. It can also seek injunctive relief to stop the violations.

2005:

SB 167 targets the producers and users of fake identification cards. The bill sets out criminal penalties for underage people attempting to illegally buy alcohol or tobacco, and makes it a crime to use a fake ID to steal a person's identity. The bill makes it a ticketable offense to have a fake driver license and a class A misdemeanor to use one to get into a bar or buy alcohol or tobacco. A class A misdemeanor could result in a year in jail. A person who uses a fraudulent license to open a line of credit or cash a check could be charged with a third-degree felony, with a potential penalty of five years in prison. A person who uses the license as part of a violent crime could face the same penalty. The bill also targets rogue employees in the Driver License Division who issue illegal IDs.

SB 118 includes using the name and likeness of a deceased person under the identity theft statutes. The bill includes the deceased in legislation that prohibits identity theft, leaving no discrepancy between the living and the dead as far as the crime is involved.

2004:

SB 16 increases penalties for identity theft and makes it a crime to possess identification cards in another's name. Under the bill, identity theft will be a felony, regardless of the value of the credit, goods, services, or any other thing of value obtained. It makes it a class A misdemeanor to possess false identification or help someone obtain one. A third degree felony could be charged if a person has or helps another get multiple fake IDs. The bill also allows felony charges to be filed in the home county of a victim, even if the fraud was perpetrated in another county or out of state.

2003:

SB 42 expands the state’s stolen credit card law to make using a stolen credit or debit card number a third-degree felony. It is already a third-degree felony to use a stolen card, but the measure extends the penalty to using just the card's number. This allows felony prosecution of anyone who skims credit card information with the intent to defraud the rightful holder. It criminalizes the use of but does not outlaw personal scanners that can be used to extract or totally remove financial information from the magnetic strip on a credit card.

DEFEND: RECOVER FROM IDENTITY THEFT
http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/defend.html

If you are a victim of identity theft, take the following four steps as soon as possible, and keep a record with the details of your conversations and copies of all correspondence.

1. Place a fraud alert on your credit reports, and review your credit reports.
Fraud alerts can help prevent an identity thief from opening any more accounts in your name. Contact the toll-free fraud number of any of the three consumer reporting companies below to place a fraud alert on your credit report. You only need to contact one of the three companies to place an alert. The company you call is required to contact the other two, which will place an alert on their versions of your report, too. If you do not receive a confirmation from a company, you should contact that company directly to place a fraud alert.

TransUnion: 1-800-680-7289; www.transunion.com; Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790

Equifax: 1-800-525-6285; www.equifax.com; P.O. Box 740241, Atlanta, GA 30374-0241

Experian: 1-888-EXPERIAN (397-3742); www.experian.com; P.O. Box 9532, Allen, TX 75013
fraud alert in your file, you're entitled to order one free copy of your credit report from each of the three consumer reporting companies, and, if you ask, only the last four digits of your Social Security number will appear on your credit reports. Once you get your credit reports, review them carefully. Look for inquiries from companies you haven't contacted, accounts you didn't open, and debts on your accounts that you can't explain. Check that information, like your Social Security number, address(es), name or initials, and employers are correct. If you find fraudulent or inaccurate information, get it removed. See Correcting Fraudulent Information in Credit Reports to learn how. When you correct your credit report, use an Identity Theft Report with a cover letter explaining your request, to get the fastest and most complete results. 
Continue to check your credit reports periodically, especially for the first year after you discover the identity theft, to make sure no new fraudulent activity has occurred.

2. Close the accounts that you know, or believe, have been tampered with or opened fraudulently.
Call and speak with someone in the security or fraud department of each company. Follow up in writing, and include copies (NOT originals) of supporting documents. It's important to notify credit card companies and banks in writing. Send your letters by certified mail, return receipt requested, so you can document what the company received and when. Keep a file of your correspondence and enclosures.

When you open new accounts, use new Personal Identification Numbers (PINs) and passwords. Avoid using easily available information like your mother's maiden name, your birth date, the last four digits of your Social Security number or your phone number, or a series of consecutive numbers.

If the identity thief has made charges or debits on your accounts, or has fraudulently opened accounts, ask the company for the forms to dispute those transactions:

Once you have resolved your identity theft dispute with the company, ask for a letter stating that the company has closed the disputed accounts and has discharged the fraudulent debts. This letter is your best proof if errors relating to this account reappear on your credit report or you are contacted again about the fraudulent debt.

3. File a complaint with the Federal Trade Commission.
You can file a complaint with the FTC using the online complaint form; or call the FTC's Identity Theft Hotline, toll-free: 1-877-ID-THEFT (438-4338); TTY: 1-866-653-4261; or write Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580.  Be sure to call the Hotline to update your complaint if you have any additional information or problems.

By sharing your identity theft complaint with the FTC, you will provide important information that can help law enforcement officials across the nation track down identity thieves and stop them. The FTC can refer victims' complaints to other government agencies and companies for further action, as well as investigate companies for violations of laws the agency enforces. 
Additionally, you can provide a printed copy of your online Complaint form to the police to incorporate into their police report.  The printed FTC ID Theft Complaint, in conjunction with the police report, can constitute an Identity Theft Report and entitle you to certain protections.  This Identity Theft Report can be used to (1) permanently block fraudulent information from appearing on your credit report; (2) ensure that debts do not reappear on your credit report; (3) prevent a company from continuing to collect debts that result from identity theft; and (4) place an extended fraud alert on your credit report.

4. File a report with your local police or the police in the community where the identity theft took place.
Call your local police department and tell them that you want to file a report about your identity theft.   Ask them if you can file the report in person.   If you cannot, ask if you can file a report over the Internet or telephone.  See below for information about Automated Reports.
If the police are reluctant to take your report, ask to file a "Miscellaneous Incident" report, or try another jurisdiction, like your state police. You also can check with your state Attorney General's office to find out if state law requires the police to take reports for identity theft. Check the Blue Pages of your telephone directory for the phone number or check www.naag.org for a list of state Attorneys General.

When you go to your local police department to file your report, bring a printed copy of your FTC ID Theft Complaint form, your cover letter, and your supporting documentation. The cover letter explains why a police report and an ID Theft Complaint are so important to victims.
Ask the officer to attach or incorporate the ID Theft Complaint into their police report. Tell them that you need a copy of the Identity Theft Report (the police report with your ID Theft Complaint attached or incorporated)to dispute the fraudulent accounts and debts created by the identity thief. (In some jurisdictions the officer will not be able to give you a copy of the official police report, but should be able to sign your Complaint and write the police report number in the “Law Enforcement Report” section.) 

What is a fraud alert?
There are two types of fraud alerts: an initial alert, and an extended alert.

To place either of these alerts on your credit report, or to have them removed, you will be required to provide appropriate proof of your identity: that may include your Social Security number, name, address and other personal information requested by the consumer reporting company.

As mentioned, depending on the type of fraud alert you place, potential creditors must either contact you or take reasonable steps to verify your identity.  This may cause some delays if you're trying to obtain credit. To compensate for possible delays, you may wish to include a cell phone number, where you can be reached easily, in your alert. Remember to keep all contact information in your alert current.

What does a fraud alert not do?
While a fraud alert can help keep an identity thief from opening new accounts in your name, it’s not a solution to all types of identity theft.  It will not protect you from an identity thief using your existing credit cards or other accounts.  It also will not protect you from an identity thief opening new accounts in your name that do not require a credit check – such as a telephone, wireless, or bank account.  And, if there’s identity theft already going on when you place the fraud alert, the fraud alert alone won’t stop it.  A fraud alert, however, can be extremely useful in stopping identity theft that involves opening a new line of credit. 

What is a credit freeze?
Many states have laws that let consumers “freeze” their credit – in other words, letting a consumer restrict access to his or her credit report. If you place a credit freeze, potential creditors and other third parties will not be able to get access to your credit report unless you temporarily lift the freeze.  This means that it’s unlikely that an identity thief would be able to open a new account in your name.  Placing a credit freeze does not affect your credit score – nor does it keep you from getting your free annual credit report, or from buying your credit report or score.
Credit freeze laws vary from state to state.  In some states, anyone can freeze their credit file, while in other states, only identity theft victims can.  The cost of placing, temporarily lifting, and removing a credit freeze also varies.  Many states make credit freezes free for identity theft victims, while other consumers pay a fee – typically $10.  It’s also important to know that these costs are for each of the credit reporting agencies.  If you want to freeze your credit, it would mean placing the freeze with each of three credit reporting agencies, and paying the fee to each one. 

You can find more information about credit freeze laws specific to your state by clicking here, including information on how to place one. 

Who can access my credit report if I place a credit freeze?
If you place a credit freeze, you will continue to have access to your free annual credit report.  You’ll also be able to buy your credit report and credit score even after placing a credit freeze.  Companies that you do business with will still have access to your credit report – for example, your mortgage, credit card, or cell phone company – as would collection agencies that are working for one of those companies.  Companies will also still be able to offer you prescreened credit.  Those are the credit offers you receive in the mail that you have not applied for.  Additionally, in some states, potential employers, insurance companies, landlords, and other non-creditors can still get access to your credit report with a credit freeze in place.      
Can I temporarily lift my credit freeze if I need to let someone check my credit report?
If you want to apply for a loan or credit card, or otherwise need to give someone access to your credit report and that person is not covered by an exception to the credit freeze law, you would need to temporarily lift the credit freeze.  You would do that by using a PIN that each credit reporting agency would send once you placed the credit freeze.  In most states, you’d have to pay a fee to lift the credit freeze.  Most states currently give the credit reporting agencies three days to lift the credit freeze.  This might keep you from getting “instant” credit, which may be something to weigh when considering a credit freeze. 
What does a credit freeze not do?
While a credit freeze can help keep an identity thief from opening most new accounts in your name, it’s not a solution to all types of identity theft.  It will not protect you, for example, from an identity thief who uses your existing credit cards or other accounts.   There are also new accounts, such as telephone, wireless, and bank accounts, which an ID thief could open without a credit check.  In addition, some creditors might open an account without first getting your credit report.  And, if there’s identity theft already going on when you place the credit freeze, the freeze itself won’t be able to stop it.  While a credit freeze may not protect you in these kinds of cases, it can protect you from the vast majority of identity theft that involves opening a new line of credit. 
What’s the difference between a credit freeze and a fraud alert?
A fraud alert is another tool for people who’ve had their ID stolen – or who suspect it may have been stolen.  With a fraud alert in place, businesses may still check your credit report.  Depending on whether you place an initial 90-day fraud alert or an extended fraud alert, potential creditors must either contact you or use what the law refers to as “reasonable policies and procedures” to verify your identity before issuing credit in your name.  However, the steps potential creditors take to verify your identity may not always alert them that the applicant is not you. 
A credit freeze, on the other hand, will prevent potential creditors and other third parties from accessing your credit report at all, unless you lift the freeze or already have a relationship with the company.  Some consumers use credit freezes because they feel they give more protection.  As with credit freezes, fraud alerts are mainly effective against new credit accounts being opened in your name, but will likely not stop thieves from using your existing accounts, or opening new accounts such as new telephone or wireless accounts, where credit is often not checked.  Also, only people who’ve had their ID stolen – or who suspect it may have been stolen, may place fraud alerts.  In some states, anyone can place a credit freeze. 
What is an Identity Theft Report?
An Identity Theft Report is a police report with more than the usual amount of detail. The Identity Theft Report includes enough detail about the crime for the credit reporting companies and the businesses involved to verify that you are a victim—and to know which accounts and inaccurate information came from identity theft. Normal police reports often don’t have many details about the accounts that were opened or misused by identity thieves.
The printed copy of your ID Theft Complaint Form can provide additional details for the police report. The police are not legally required to use the FTC’s ID Theft Complaint Form as part of their report. Your police department may have another way to incorporate the details of your crime. In these cases, the police report by itself may serve as an Identity Theft Report.
When you file your Identity Theft Report, the credit reporting companies will permanently block fraudulent information from appearing on your credit report. Filing an Identity Theft Report with the credit reporting companies or with the companies where the thief used your information should ensure that these debts do not reappear on your credit report. An Identity Theft Report can prevent a company from continuing to try to collect debts that result from identity theft, or sell those debts to others for collection. It also allows you to place an extended fraud alert on your credit report. The credit reporting companies may decline your Identity Theft Report if it does not contain enough detail for them to verify that you are a victim of identity theft. In that case, the credit reporting companies have certain timeframes for responding to your Identity Theft Report with requests for additional information.
Creating and using an Identity Theft Report may require two steps:
Step One begins with filing your report with a local, state, or federal law enforcement agency. These agencies may include your local police department, your State Attorney General, the FBI, the U.S. Secret Service, the FTC, or the U.S. Postal Inspection Service. Some state laws require local police departments to take reports, but there is no law requiring federal agencies to take a report.
In your report, you should give as much information as you can about the crime, including anything you know about the dates of the identity theft, the fraudulent accounts opened and the alleged identity thief. It may help you give the necessary level of detail if you file an online complaint with the FTC, and then ask your local police department to incorporate a copy of the printed ID Theft Complaint into its police report. 
Step Two begins when you send the businesses involved and the credit reporting companies a copy of your Identity Theft Report, which you should do by certified mail, return receipt requested. The companies may ask you to give them more information or documentation to help them verify your identity theft. They have to make their request within 15 days of receiving your Identity Theft Report. The credit reporting company or business then has 15 more days to work with you to make sure your Identity Theft Report contains everything they need. They are also entitled to five days to review any information you give them. For example, if you give them information 11 days after they request it, they have until day 16 to make a final decision.
How do I get an Identity Theft Report?
The officer taking your police report can attach or incorporate your ID Theft Complaint into their police report to add more detail. Ask the officer to give you a copy of the official police report that incorporates or attaches your ID Theft Complaint. In some places the officer will not be able to give you a copy of the official police report, but should be able to sign a copy of your ID Theft Complaint and write the police report number in the “Law Enforcement Report” section. Be sure to keep a copy of the police report number
The police are not legally required to use the FTC’s ID Theft Complaint Form as part of their report. Your police department may have another way to include all the details of your identity theft information in their police report. In these cases, the police report by itself may serve as an Identity Theft Report.
Because the detailed Identity Theft Report is required for you to get many important protections, you may wish to use the Law Enforcement Cover Letter to explain to the police department how important it is for you to get a police report – as well as the legal protections that a detailed Identity Theft Report gives you.
How do I submit my Identity Theft Report to the credit reporting companies, or to businesses where the thief used my information?
When you send a copy of your Identity Theft Report to the fraud departments of the three major credit reporting companies, include a copy of the credit reporting company cover letter, along with copies of your supporting documentation. Send your information by certified mail with return receipt requested. The mailing addresses for sending Identity Theft Reports to the three major credit reporting companies are on the cover letter.
When writing to the fraud departments of each of the companies where the identity thief has committed fraud using your personal information, include copies of the Identity Theft Report, your supporting documentation, and the appropriate cover letter: for fraud on your existing accounts, or for fraud on new accounts. Always send this information by certified mail, with a return receipt requested.
The credit reporting companies have certain timeframes for responding to your Identity Theft Report with requests for additional information.

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What do I do if the police only take reports about identity theft over the Internet or telephone?
The FTC ID Theft Complaint has a special section for police reports that are not filed face-to-face, to help you use it to supplement an automated police report. If you file a police report online or over the phone, complete the “Automated Report Information” block of the ID Theft Complaint. Attach a copy of any filing confirmation received from the police.  

If you have a choice, however, you should file your police report in person and not use an automated report.  It is more difficult for the consumer reporting company and information provider to verify the information in an automated report, and they will likely require additional information and/or documentation. 

What do I do if the local police won't take a report?
There are efforts at the federal, state and local level to ensure that local law enforcement agencies understand identity theft, its impact on victims, and the importance of taking a police report. However, we still hear that some departments are not taking reports. The following tips may help you to get a report if you're having difficulties:

Some states require the police to take reports for identity theft. Check with the office of your State Attorney General, which can be found at www.naag.org, to find out if your state has this law.