Eastern District of Missouri ID Theft Task Force

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Missouri State and Federal Laws

NewIdentity 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.

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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).

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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."

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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).

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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.

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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;

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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.

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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.

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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.

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MISSOURI LAWS

Merchandising Practices - Missouri Revised Statutes, Chapter 407, Section 407.1500
"Breach of security" or "breach", unauthorized access to and unauthorized acquisition of personal information maintained in computerized form by a person that compromises the security, confidentiality, or integrity of the personal information. Good faith acquisition of personal information by a person or that person's employee or agent for a legitimate purpose of that person is not a breach of security, provided that the personal information is not used in violation of applicable law or in a manner that harms or poses an actual threat to the security, confidentiality, or integrity of the personal information.

Click HERE to read the full statute.

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Jurisdiction in Criminal Cases - Missouri Revised Statutes, Chapter 541, Section 541.033
Persons accused of committing offenses against the laws of this state, except as may be otherwise provided by law, shall be prosecuted:

  1. In the country in which the offense is committed; or
  2. If the offense is committed partly in one county and partly in another, or if the elements of the crime occur in more than one county, then in any of the counties where any element of the offense occurred.

Click HERE to read the full statute.

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Stealing and Related Offenses - Missouri Revised Statutes, Chapter 570, Section 570.222
Identity theft--rights of victims--definition--incident reports, discretion of law enforcement not affected.

  1. Notwithstanding that jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity theft, victims of identity theft have the right to contact the local law enforcement agency where the victim is domiciled and request that an incident report about the identity theft be prepared and filed. The victim may also request from the local law enforcement agency to receive a copy of the incident report. The law enforcement agency may share the incident report with law enforcement agencies located in other jurisdictions.
  2. As used in this section, "incident report" means a loss or other similar report prepared and filed by a local law enforcement agency.
  3. Nothing in this section shall interfere with the discretion of a local law enforcement agency to allocate resources for investigations of crimes or to provide an incident report as permitted in this section. An incident report prepared and filed under this section shall not be an open case for purposes of compiling open case statistics.

Click HERE to read the full statute.

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Stealing and Related Offenses - Missouri Revised Statutes, Chapter 570, Section 570.223
Identity theft--penalty--restitution--other civil remedies available--exempted activities.

  1. A person commits the crime of identity theft if he or she knowingly and with the intent to deceive or defraud obtains, possesses, transfers, uses, or attempts to obtain, transfer or use, one or more means of identification not lawfully issued for his or her use.

Click HERE to read the full statute.

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Stealing and Related Offenses - Missouri Revised Statutes, Chapter 570, Section 570.224
Trafficking in stolen identities, crime of--possession of documents, exemptions--violation, penalty.

  1. A person commits the crime of trafficking in stolen identities when such person manufactures, sells, transfers, purchases, or possesses, with intent to sell or transfer means of identification as defined in subsection 2 of section 570.223, for the purpose of committing identity theft.
  2. Possession of five or more means of identification of the same person or possession of means of identification of five or more separate persons shall be evidence that the identities are possessed with intent to manufacture, sell, or transfer means of identification for the purpose of committing identity theft. In determining possession of five or more means of identification of the same person, or possession of means of identification of five or more separate persons for the purposes of evidence pursuant to this subsection, the following do not apply:

    (1) The possession of his or her own identification documents;

    (2) The possession of the identification documents of a person who has consented to the person at issue possessing his or her identification documents.
  3. Trafficking in stolen identities is a class B felony.

Click HERE to read the full statute.

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