Russell P. Butler

Transcription

1 Russell P. Butler

2 Russell P. Butler National Identity Theft Victim Assistance Network/ Maryland Crime Victims Resource Center, Inc MCVRC subgranted funding from the Office for Victims of Crime, US Department of Justice, to 10 coalitions in 9 states through a competitive process and provides training and technical assistance. MCVRC Victim and legal service provider 2

3 Learn: How nine states worked together to create a movement for identity theft crime victims using coalitions, technology, interactive access to justice forms, & more. How this project prompted the creation of a model that states, regions, & organizations can use. What resources were developed & how you will be able to access those resources today and in the future. 3

4 With funding from the U.S. Dept. of Justice, Office for Victims of Crime (OVC), a cooperative agreement between OVC & Maryland Crime Victims Resource Center (MCVRC) created the National Identity Theft Victims Assistance Network. By creating a national network of 10 coalitions, project seeks to build field s capacity, help provide a coordinated response to problem, improve outreach & capacity of programs to better address ID theft victims rights & needs. 4

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6 Financial Identity Theft Existing account fraud Bank accounts Credit Fraud New account fraud Credit cards, loans, bank accounts Utility/cell-phone accounts 6

7 Intrafamilial/DV Related/Child/Senior Medical Identity Theft Criminal Identity Theft Employment Related Utility, Rental, Other Accounts Governmental/Benefit Fraud IRS tax fraud Social Security Administration Dept. of Social Services Synthetic Identity Theft & Total ID Theft Assumption 7

8 For every 1 financial case reported, 44 not reported. Easy access to info: 90% of nursing homes employ one or more staff who have committed at least 1 crime - HHS study. Much harder time recovering financially than younger wage earners. 1 in 10 must turn to Medicaid after their funds are stolen, moving out of community into nursing homes. $2,600,000,000 per year lost to financial crimes against seniors in the U.S. 8

9 AZ Identity Theft Coalition Coordinated by the AG s Office Consists of two task forces operating to increase awareness; to establish best practices for responding to the needs of victims; and to develop and expand victim services networks. Has a focus on materials and info for veterans. Contact: Kathleen Winn kathleen.winn@azag.gov Finger Lakes (NY) Identity Theft Coalition: Organized a campaign to educate older victims Contact: Paul Caccamise pcaccamise@lifespan-roch.org WI Identity Theft Network Coordinated by the Coalition of Wisconsin Aging Groups Created identity theft victim assistance training & outreach to improve services to victims of interfamilial identity theft. Contact: John Hendrick JohnHendrick@cwag.org 9

10 One form of control many are not aware of is an abuser using IDT - victim cannot escape to start new life. Victim s or children s info can be stolen Seeking safe shelter, securing new job, or opening new bank account can be difficult if abusers have ruined their credit or good name through IDT. Any safety planning should also include keeping personal info (kids too) safe as safe as possible given the easy access by the abuser 10

11 MN Identity Theft Coalition Coordinated by Battered Women s Legal Advocacy Project Focuses attention on the link between domestic violence & IDT. Contact: Deirdre Keys info@bwlap.org. NYC Identity Theft Coalition coordinated by South Brooklyn Legal Services Coordinates & improves access for low-income victims of IDT. Explores IDT related to employment, tax, debt, DV & public benefits issues. Contact: Rachel Bash rbash@sbls.org. 11

12 Mental Health Needs 53% feel moderate to severe distress Victims spent an average of $1,870 in out-of-pocket costs 3+ million experienced issues such as having utilities cut off, being arrested, finding erroneous claims on their health records, having child support garnished for children they never had and being harassed by collection agencies. TX Identity Theft Network coordinated by the Texas Legal Services Center Developed training materials for providers on the mental health needs of identity theft victims. Contact: Paula Pierce 12

13 Why targeted? Crime usually not detected until adulthood - enabling info to be used for years, easy access to info When a family member is the thief, filing a police report can be more problematic: Family Secrets: Victims Stay Silent Explanation of rights under Family Educational Rights Privacy Act: Protecting Your Child s Personal Information at School Series of News Articles: Burdened Beginnings NITVAN Webcast: Identity Theft & Children in Foster Care FTC Packet: Safeguarding Your Child s Future: to-do lists, contacts, forms 13

14 Idaho Coalition Against IDT - Stolen Futures Project Developed Training Curriculum focusing on child IDT & foster care Developed Written Materials including Packet for Foster Children Contact Sunrise Ayers: SunriseAyers@idaholegalaid.org,

15 Can be very dangerous records inaccurate, prevent necessary procedures Can rack up medical bills, impact credit report Each year victims can ask insurance for a list of benefits paid Victims have federal right to correct inaccurate medical records, although problems persist example: doctor who may have been involved in crime is same person responsible for making requested correction Victim may complain to HHS hhs.gov/ocr/hipaa if request to review records is refused A Patient s Guide to HIPAA created by World Privacy Forum 15

16 ITAN of Colorado Held large regional training at medical facility, subsequently engaged providers in assisting with large scale medical IDT ring Developed a state specific Guide to Child IDT with info for minors on Credit Reports, Fraud Alerts & Credit Freezes. Encourages complete Law Enforcement background to detect other forms of ID Theft. Addresses Medical IDT Trains foster care state workers, at victim conferences, Foster & Kinship Parents Annual Conference, Court Personnel & Brown Bags in school systems Hazel.Heckers@state.co.us, or 24 Hr IDT Hotline

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18 Provides critical info in comprehensive, standardized manner Can be used in disputes with creditors, credit reporting agencies widely accepted Start with the FTC online complaint or via phone Gather info first - credit reports, billing statements, collection letters Include as much detail as possible Print complaint, ID Theft Affidavit

19 Identity Theft Complaint Process

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21 Identity Theft Report is a report: A. that alleges an ID theft, B. that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency When victim completes the complaint process, creating the ID Theft Affidavit, the details can assist law enforcement in ensuring sufficient detail is available to create the Crime Report.

22 1. Blocking fraudulent info from appearing on credit report 2. Preventing a company from refurnishing fraudulent info to a CRA 3. Preventing a company from selling or placing for collection bad debts that result from ID theft 4. Placing an Extended Fraud Alert: need an ID Theft Report to place an extended 7-yr fraud alert on credit reports. 5. Obtaining transaction docs from businesses

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24 Federal 18 USC 3663A; 3663(b)(6) Value of time to remediate loss Information about your state can be found at identitytheftnetwork.org/resourcemap Example: Maryland Criminal Procedure, Title 11, Subtitle 6 and Criminal Law, 8 301(i) Reasonable costs, including reasonable attorney s fees, incurred: (1) for clearing the victim s credit history or credit rating; (2) < as of October 1, 2013 > for clearing the victim s medical record or history or records related to health information or health care; 24

25 Resource contacts in 9 states can be found at: identitytheftnetwork.org Twitter: twitter.com/idtheftnetwork Facebook: facebook.com/identitytheftnetwork 25

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27 Coalition Highlights what worked/what didn t Downloads for other collaboratives & victim service agencies/organizations nationwide: Printable Outreach Material Brochures Website Material PSA Scripts & Audio and Visual Samples Quick Tip Sheets Ready-To-Use Forms Sample MOU s Training Slides, Instructor Manuals, & Worksheets 27

28 Soft Launch at the National Center for Victims of Crime Conference 28

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30 State Victim Resources (numbers, etc.) Security Freeze Law & How to Place a Security Freeze in your state Mandatory Police Report Law for Identity Theft Victims Identity Theft Passport Law Identity Theft Laws (NCVLI compiled state-by-state listing) Other Related Laws: Police Reports Civil Suits Access Devices Computer Crimes Security Breach 30

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32 NITVAN - along with partners at Kansas Legal Services & Probono.net created & launched online Access to Justice (A2J) assistance package for victims of IDT. Automated creation of letters - mirroring those created by FTC for pro bono attorneys to help victims. Info about options as well as links to helpful resources also included. Spanish forms may be coming in the future 32

33 Letter to Creditor to creditor about bill as a result of IDT. Letter to Debt Collector respond to company or law firm that is a debt collector, or collecting a bill victim did not authorize. Letter to Credit Bureau - create a letter to credit bureau, seeking investigation & removal of items resulting from IDT. 33

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40 This presentation was produced in part by the Maryland Crime Victims Resource Center, Inc. under award # 2010-VF-GX-K030, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. 40

41 Russell P. Butler