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Multnomah County Michael D. Schrunk, District Attorney



Each year, identity theft harms thousands of citizens in Multnomah County. The perpetrators of these crimes seek to obtain personal information about you so they can take on your financial identity. They look for your Social Security number, birth information, credit card number and other data to establish an identity. Oftentimes you are not even aware that you have become a victim until you start getting bills for thousand of dollars of unauthorized purchases.

The Multnomah County District Attorney's Office is committed to protecting the community from identity theft and prosecuting those responsible for this crime.

PREVENTION

Criminals can only assume your identity if they have access to your personal information. You should consider the following to reduce your risk of being the victim of identity theft:

  • Never give anyone your credit card numbers or related information over the phone unless you initiated the phone call or know with whom you are dealing.
  • Do not carry your Social Security card or number, birth certificate, passport or extra credit cards with you.
  • Do not write your Social Security number on your checks.
  • Shred all documents containing account numbers or other personal information before disposing of them, even including "junk" mail that contains only an address label with your name and address.
  • Keep a list of all credit card account numbers and corresponding phone numbers so that you can contact creditors quickly if the cards are lost or stolen. Avoid maintaining a copy of this list on your computer, instead maintain a hand-written list that is secured in a hidden safe at home or in a safety deposit box.
  • Order a credit report once a year from one of the three major credit bureaus (see names and contact information below). Check for any false charges that may indicate fraud. These reports are very inexpensive and can help identify fraudulent activity.
  • Be careful at ATMs. Shield the information and the keypad from people behind you. Consider avoiding the new ATM cards that do not require a PIN as these can be stolen and used very quickly.
  • If your ATM or credit card is stolen and someone calls saying they are from the financial institution and want to verify your PIN, do not give them any information.
  • Even if your ATM or credit card is not stolen and someone calls and claims to be from the financial institution, verify that the person is from the institution by requesting employee and institution information, and request to call them back to verify this information.
  • Try not to put checks in your mailbox and do not have your checks delivered to your home. Remember that many identity thieves steal letters out of your mailbox or items out of your car that provide them with your personal information.
  • Consider using a locked mailbox or a post office box.

WHAT TO DO IF YOU ARE THE VICTIM OF IDENTITY THEFT

If you are the victim of identity theft, you must act quickly and you must be thorough. The task before you will not be easy and it will take time to finally resolve the many problems created by people who are profiting from having your identity.

We have broken out this section into two parts. The first is a quick guide covering what to do immediately. The second is an in depth instruction by one of my former deputy district attorneys who found himself the victim of a very complex identity theft scheme. By reading it you will get a better understanding of the problems associated with stopping the fraud and then cleaning up your credit. I hope you find it helpful.

At the end of this section I have included a request for comments. Your comments are important to us because we want to make this a better website. Was the information helpful? Can you give us your thoughts on additional things to include on this site?

A QUICK GUIDE

  1. Call the non-emergency number for the police to report your suspicion. In Multnomah County and Portland call (503) 823-3333. You will hear a message asking which police agency you wish to speak with. You will hear a number of options but eventually you will be able to talk to a person. You will make a police report over the phone.
  2. Contact the fraud units of the three major credit-reporting agencies to place a fraud alert on your accounts. They are: (1) Equifax (800-252-6285); www.equifax.com; P.O. Box 740241, Atlanta, GA 30374-0241, (2) Experian (888-397-3742); www.experian.com; P.O. Box 9532, Allen, TX 75013, and (3) TransUnion (800-680-7289); www.transunion.com; Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790. Contact your bank and creditors. Cancel any account that is the subject of the fraud or identity theft.
  3. The Federal Trade Commission (FTC) has a hotline that provides valuable information. The FTC does not prosecute Identify Theft cases. You can contact the FTC online or call toll free 1-877-ID-THEFT (1-877-438-4338)
  4. Once the police have investigated the case and have identified a suspect, the matter will be forwarded to this office for prosecution.
  5. Please be patient. Cases involving Identity Theft often involve lengthy investigations and typically include many other victims. Rest assured that this office takes these crimes very seriously, and will do all it can to prosecute the perpetrators in as timely a manner as is possible.


AN IN DEPTH GUIDE

THE FOLLOWING IS AN ATTORNEY'S PERSPECTIVE ON BEING A VICTIM AND THE STEPS HE TOOK TO PROTECT HIMSELF. IT IS LONG, BUT PROVIDES IMPORTANT INFORMATION

How you become aware of a problem
Your first clue that someone has stolen your identity may be when you are notified that you are overdue on a credit card that you do not have, or that you are not making monthly payments on a loan you did not take out. Many people learn they are the victim of identity theft when they go to a financial institution to obtain a mortgage or refinance an existing mortgage and are told they have too much debt or are behind in their payments, when they know that can't be so. I was fortunate because I was tipped off that I might be the victim of identity theft early on from a telephone call from Western Union. They called me at my office to verify whether I was attempting to transfer $15,000 to a person in Boston by charging that amount to a credit card issued in my name. Not only was I not sending money to Boston, I never had the credit card that was being used for the transaction. From this I learned someone had unlawfully assumed my identity and was stealing money by using my name and credit.

No easy solutions
Most identity theft victims think that with a few telephone calls and maybe a few letters the matter can be cleared up. Unfortunately, the opposite is true. Depending on how long the identity thieves have been at work on wrecking your credit, it likely will take many telephone calls, copies of letters, police reports and affidavits over the course of several months or more to put your good name and credit back to where it was prior to the theft. My odyssey through the labyrinth of identity theft repair took more than six months of work, with more than 100 telephone calls, 40 letters, 10 affidavits, and the preparation of a continuous log of events to record who I talked with and the facts I learned along the way.

During my ordeal I discovered the thief not only opened new accounts in my name, but had begun to completely assume my identity by starting to take over my existing accounts. The thief did this by telephoning those companies with whom I had legitimate accounts and requesting a billing address change to the thief's address in a different state. The various customer service departments of many of the companies with whom I had accounts did just that. Had it not been for the call from Western Union, the thief could have continued his fraud for many more months or until my credit was so bad no company would extend credit under my name. Although I had to determine on my own how to rehabilitate my credit, federal laws make it easier for identity theft victims to reclaim to do the same.

Immediate action
Once you learn you are or could be the victim of identity theft, you must immediately begin to take corrective action. The following four steps, which I found to be critical, are the basic steps recommended by the Federal Trade Commission (FTC).

1. Place a Fraud Alert on your credit history reports with the three major credit reporting companies (see Quick Guide # 2).
2. Close the accounts that you know or believe to have been tampered with or opened fraudulently.
3. File a report with your local police agency and once you learn where the identity thefts took place, file a report in that community.
4. File a complaint with the Federal Trade Commission (FTC).

You can access the FTC web site for more information regarding identity theft and these steps and for sample forms to use in your efforts to favorably repair the damage caused by the identity thief (www.ftc.gov).

Keep good records
Before undertaking these steps, you should understand that the process will require you to keep a record of your efforts to regain your credit. You should maintain a record of all your contacts and communications with the various credit reporting companies, credit issuers and police agencies. Keep a log of all conversations, including names, phone numbers, the date of the calls, and the content of the conversations. The FTC's identity theft website gives you a sample form you can use to log all contacts (www.ftc.gov/bcp/edu/resources/forms/chart-course-action.pdf). Your records should also include copies of all correspondence, affidavits, and police agency reports. Plan to send all correspondence using certified mail with a return receipt requested.

First thing to do
The first step in the process is to place a fraud alert on your credit reports with the three major credit reporting companies. This must be done first and is the most important step in the process. Fraud alerts help prevent the identity thief from obtaining any more credit in your name. The alert tells creditors to follow certain procedures before they open new accounts in your name or make changes to your existing accounts. Federal law (Fair Credit Reporting Act) governs the process for the fraud alert and requires that you contact only one of the three major credit reporting companies. The company you call is required to contact the other two companies, who will also place an alert on their versions of their credit reports. The three major credit reporting companies and their telephone numbers are as follows:

Experian: 1-888-397-3742; www.experian.com; P.O. Box9532, Allen, TX 75013
Equifax: 1-800-525-6285; www.equifax.com; P.O. Box 740241, Atlanta, GA 30374-0241
TransUnion: 1-800-680-7289; www.transunion.com; Fraud Victim Assistance Division, P.O. Box, 6790, Fullerton, CA 92834-6790

Creating initial and extended fraud alert
There are two types of fraud alerts, the initial fraud alert and the extended fraud alert. The initial fraud alert is appropriate when you suspect you have or will be the victim of identity theft or you know that you are the victim of identity theft. Such situations may occur when your wallet or purse has been stolen or someone has charged a purchase to your credit card without your permission. Once you activate an initial fraud alert each credit reporting company must include the alert in the file they maintain on you and provide the alert with any credit score generated using your file. The initial fraud alert stays on your credit report for at least 90 days. You are entitled to one free copy of your credit history report from each of the 3 major credit reporting companies when you file the alert and they have 3 business days to send it to you after your request.

An initial fraud alert starts the documentation process necessary to close fraudulent accounts and to block and remove fraudulent information from appearing in the credit reports of the identity theft victim. Within the 90-day period the initial fraud alert is active, carefully review your credit reports for fraudulent activity. Review your credit reports for accounts you have not opened and debts on your existing accounts you did not incur. Pay special attention to the "credit inquiry" section of the report, since this section reports which businesses have requested your credit report and these may be the businesses that the thief has contacted for credit and soon will fraudulently obtain money, goods or services in your name. Also closely review the personal information section of these reports. It is here that you may find that the identity thief has changed or misstated your current address, telephone numbers, names of your current and past employers and other information about you. These items are frequently changed or altered by the identity thief to obtain a new account in your name or take over one of your existing accounts.

The extended fraud alert, which can stay with your credit reports for as long as seven years, is appropriate once you know you are the victim of identity theft. There are more protections included in the extended fraud alert. These protections include the following: The credit reporting companies are required to place the alert in your credit report file and any credit score generated by the file for a seven year period, unless removed by you sooner. The extended alert removes you from any consumer lists the credit reporting companies generate for any third party offer of credit or insurance for five years. Also, you are entitled to two free credit history reports in the year after you file the extended alert. Like the initial fraud alert, when you notify one credit reporting company that you are filing an extended fraud alert, that company must notify the other credit reporting companies that you have filed an extended fraud alert.

An extended fraud alert requires you to provide additional information to the credit reporting companies. You must provide what is called an "identity theft report" that is made up of two parts. One part is a copy of the police reports you filed with police agencies and the second part is whatever information and documentation you can supply to verify the identity theft required by the credit reporting company and the business that granted the identity thief the credit you dispute. The FTC identity theft website has information that can assist you in preparing the "identity theft report" (www.ftc.gov/bcp/edu/microsites/idtheft/consumers/filing-a-report.html).

Second thing to do
Close the accounts that you know or believe to have been tampered with or opened fraudulently. The credit history reports you received from the credit reporting companies after you placed the initial fraud alert will have the information you need to determine the fraudulent accounts to close. These credit history reports will disclose the credit granting businesses and their addresses, telephone numbers and the amounts of the fraudulent transactions. Use this information to contact the businesses by calling the security or fraud departments of each business where an account was opened or changed without your permission. Explain what you know and follow their procedures for closing the account. You may be provided with forms by the company to dispute their account or charges. Follow their instructions and complete the forms as accurately as possible and remember to keep a copy of all completed forms for your records. Understand that in most instances you will have to prove to them that you are the victim of identity theft. You likely will have to provide each of them with a copy of the specific police report regarding the fraud committed against you involving each credit issuer's account, as well as an affidavit of fraud or theft, and any additional supporting documents they may request. The FTC website has a uniform affidavit that creditors usually accept (www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf).

In addition, federal law also entitles you to request and receive copies of the applications and transaction records used to open and maintain those fraudulent accounts. These documents can help establish that you are the victim of identity theft. Once requested, the credit issuer must send you the information within 30 days. These items will give you information about the thief to help prove you are not responsible for the fraudulent accounts. You will also want to forward this information on to the police agencies with which you reported the identity theft.

It is not enough for identity theft victims to be satisfied with just closing the fraudulently opened accounts. Victims should verify that information about such accounts is blocked and ultimately removed from their credit history reports. Federal law establishes procedures for correcting fraudulent information on your credit history report. When you notify credit history companies about the fraudulent transactions and accounts, federal law requires them to block that information from future credit history reports. For them to block the fraudulent information, they must receive from you the following: a copy of your "identity theft report"; a letter telling them what information is fraudulent; a statement by you that the fraudulent information does not relate to any transaction that you made or authorized; and proof of your identity. The credit reporting companies have four business days to block the fraudulent information after accepting your identity theft report. The credit reporting company must notify the business that reported the fraudulent information that the information is blocked. The FTC's identity theft web site gives you a sample letter to send to the credit reporting companies requesting that accounts be blocked: (www.ftc.gov/bcp/edu/microsites/idtheft/downloads/blocking-letter-consumer-reporting-company.doc).

The businesses that provided the fraudulent information to the credit reporting companies most likely will have already received the same information directly from you as the information you sent to the credit reporting companies when you requested a block. These businesses will be able to determine quickly that you are a victim of identity theft and fraud with the help of your "identity fraud report" and other information you provided. Thereafter these businesses should send a letter to the credit reporting companies that the previously reported information resulted from identity theft. This usually results in the removal of the fraudulent information from your credit history reports. However, if you have not received any written notification indicating the business is seeking removal of the fraudulent information from your credit report, you should send that business a follow up letter. This letter should ask for verification that they have instructed the credit reporting companies to remove from your credit history all entries made regarding the fraudulent amounts or accounts and that your credit history score is not to be affected by the fraudulent granting of credit in your name. You should also seek written verification that the fraudulent accounts are closed and the fraudulent debts are not your responsibility. These letters should be sent by certified mail with a return receipt requested.

Finally, you should also ask the credit reporting companies in writing to block and remove from the "credit inquiry" section of your credit history reports all inquiries by businesses that are linked to the fraudulent activity of the identity thief. Use the same procedure as you would for the blocking process described above. The law also allows you to ask the credit reporting companies to notify those who have received your credit report in the last six months to alert them to the disputed and erroneous information.

Third step
File a report with your local police agency and once you learn where the identity thefts took place, file a report in that community. This means not only will you file a police report in the community where you live, but also in each of the locations where the actual fraud or theft of money, goods or services occurred using your name. You will learn these locations once you have reviewed your credit reports. Don't be surprised if you learn that fraudulent activity may have occurred across the nation as your name and credit information may be illegally obtained by thieves outside the community or state in which you reside. This will require you to file police reports in other states and cities, usually by telephone. After you make these reports, obtain a copy of each police report you filed, because you will have to provide a copy to each of the credit reporting companies and most likely to each credit issuer that provided money, goods or services in your name to the identity thief.

Fourth step
File a complaint with the Federal Trade Commission. You should report all identity thefts and frauds as this helps law enforcement officials across the country in their investigations. Under the Identity Theft and Assumption Deterrence Act, the FTC is responsible for receiving and processing complaints from the people who believe they may be the victim of identity theft, and providing informational materials to these people. The FTC can refer victims' complaints to the appropriate entities for further action. You may report on line at www.ftc.gov/idtheft, by telephone at 1-877-ID-THEFT (438-4338), or by mail at Identity Theft Clearinghouse, Federal Trade Commission, Washington, DC 20580.


What to do in the future
After you have restored your credit, monitor your credit history reports annually. You can receive a free credit history report each year from each of the three major credit reporting companies. This is over and above the free credit history reports you are entitled to receive when you place fraud alerts with these credit reporting companies. You may order them by phone by calling 877-322-8228; by the internet using a secure website jointly operated by the three credit reporting companies at www.annualcreditreport.com; or by mail by completing a request form you can download at the FTC's website and mailing it to the address provided in the form. The FTC has more information regarding free credit history. It is informative and has other helpful information. www.ftc.gov/bcp/conline/pubs/credit/freereports.htm.

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