Identity theft is governed by federal and state criminal statutes. State laws vary, but typically define the crime to include an intent to use another's identity to commit, aid, or abet any unlawful activity. A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following:
1. Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of the victim.
2. Obtains goods or services through the use of identifying information of the victim.
3. Obtains identification documents in the victim's name.
Identity theft statutes vary by state and usually do not include use of false identification by a minor to obtain liquor, tobacco, or entrance to adult business establishments. The types of information protected from misuse by identity theft statutes includes, among others:
-Name
-Date of birth
-Social Security number
-Driver's license number
-Financial services account numbers, including checking and savings accounts
-Credit or debit card numbers
-Personal identification numbers (PIN)
-Electronic identification codes
-Automated or electronic signatures
-Biometric data
-Fingerprints
-Passwords
-Parent's legal surname prior to marriage
New Jersey Sworn Statement of Identity Theft
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Multi-State
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US-02725BG
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How to fill out Sworn Statement Of Identity Theft?
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FAQ
Identity thieves almost never get caught In a study done in 2006, ?only 1 in 700 identity theft suspects were arrested by federal authorities (0.14%).? Just to provide some perspective and comparison, 44.3% of violent crime suspects were arrested as well as 15.8% of alternative property crimes.
I am a victim of identity theft. I recently learned that my personal information was used to open an account at your company. I did not open or authorize this account, and I therefore request that it be closed immediately.
Identity theft has profound consequences for its victims. They can have their bank accounts wiped out, credit histories ruined, and jobs and valuable possessions taken away. Some victims have even been arrested for crimes they did not commit.
You face up to 18 months in prison for fourth degree identity theft. The period of imprisonment is up to 5 years for third degree identity theft. The presumptive sentence is 3-5 years. Second degree identity theft is the most serious form of this charge and carries 5-10 years in prison.
Use the ID Theft Affidavit Creditors may ask you to fill out fraud affidavits. The Federal Trade Commission's ID Theft Affidavit is accepted by the credit bureaus and by most major creditors. Send copies of the completed form to creditors where the thief opened accounts in your name.
The Red Flags Rule1 requires many businesses and organizations to implement a written identity theft prevention program designed to detect the ?red flags? of identity theft in their day-to-day operations, take steps to prevent the crime, and mitigate its damage.
Burden of Proof in Being Convicted for Identity Theft In ance to Penal Code 530.5 PC, the prosecutor must show proof that: The other person's information was willfully obtained by the defendant. The defendant knowingly, and willingly used the other person's information unlawfully.
In most cases, taxpayers do not need to complete this form. Only victims of tax-related identity theft should submit the Form 14039, and only if they haven't received certain letters from the IRS.