Prevention Elder Abuse Neglect Exploitation

Transcription

1 P.E.A.N.E. Prevention Elder Abuse Neglect Exploitation The 2010 Identity Fraud Survey Report research found that the number of Identity Fraud victims in the United States increased 12 percent to 11.1 million adults in 2010, while the total annual fraud amount increased by 12.5 percent to $54 billion dollars. Source FTC.com 1

2 Identity Theft is Defined as : When someone uses your name, Social Security Number, checking account number. To commit a fraud nor engage in other unlawful acts. KSA Identity Theft Identity Fraud KSA Dealing in false identification documents KSA Mentally Ill, Incapacitated and Dependant Persons; Social Welfare KSA Establishment of system for reporting suspected abuse or fraud in welfare or medical assistance programs; notice of existence of system. KSA Dealing In False identification identification document certificate banking instrument whether or not intended for use as identification, purporting to be a drivers' license, non-drivers' identification cards, certified copies of birth, death, marriage and divorce certificates, social security cards and employee identification cards. 2

3 Dealing In False identification (1)Simulates, purports to be or is designed so as to cause others reasonably to believe it to be an identification document; and bears a fictitious name or other false information. ( b) As used in this section, "identification document" means any card, certificate or document or banking instrument including, but not limited to, credit or debit card, which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be drivers' licenses, no drivers' identification cards, certified copies of birth, death, marriage and divorce certificates, social security cards and employee identification cards Dealing In False identification 1.) Willfully and knowingly supplying false information intending that the information be used to obtain a certified copy of a vital record; 2.) making, counterfeiting, altering, amending or mutilating any certified copy of a vital record: Without lawful authority; and with the intent to deceive; or 3.) willfully and knowingly obtaining, possessing, using, selling or furnishing or attempting to obtain, possess or furnish to another for any purpose of deception a certified copy of a vital record. 4.) Vital records identity fraud is a severity level 8, non-person felony. Dealing with Abuse & Neglect Chapter 39. MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE any individual, kept, cared for, treated, boarded or otherwise accommodated in a state psychiatric hospital or state institution for the mentally impaired. (b) "Adult care home" has the meaning ascribed thereto in K.S.A and amendments thereto. (c) "In need of protective services" means that a resident is unable to perform or obtain services which are necessary to maintain physical or mental health, or both. 3

4 Statute : Establishment of system for reporting suspected abuse or fraud in welfare or medical assistance programs; notice of existence of system. (a) The Kansas health policy authority and the secretary of Social and Rehabilitation Services are hereby directed to establish a system for the reporting of suspected abuse or fraud in connection with state welfare or medical assistance programs, either by recipients or health care providers. The system shall be designed to permit any person in the state at any time to place a tollfree call into the system and report suspected cases of welfare abuse or suspected cases of health care provider fraud. Affects of Identity theft 1. Loss of money, from checks, Social Security, and credit cards. 2. Loss of your credit score. 3. Loss of your Good Name in the community. Who is at Risk? Anyone with a social Security Number. You don t have to be wealthy to become a target. Birth Certificates / Maiden Name / Drivers license / canceled checks / any financial record will provide a criminal to seek opportunity. 4

5 2003 identity Theft by Age 2010 identity Theft by Age

6 % 2% 19% 9% Primary Motive $ MONEY $ How do they get your Identity? Methods are used to obtain someone s identity. Dumpster Diving Accessing Medical Records Posing as a Bank Rep Phony Offers Application Fraud Internet Scams Stealing your wallet Shoulder surfing Bogus Consumer Surveys Mail scams Prize winnings or Lottery Scams 6

7 Teach Your Children how to Protect the Families identity Social net working Facebook, Twitter, My Space, and others. Don t give out personal information. especially financial information. Including the Bank Branch you use. Always have your children use a screen name. encourage them to positively know who they are communicating with. Beware of Scams in your area. Talk with your Neighbors. Talk with local Law Enforcement. Talk with Family about scams even if they live out of town. Communication and Networking is a huge key to stopping identity theft. 7

8 Investigate before you Invest Office of Kansas Securities commission Scam Hotline Scam 8

9 Preventative Measures Order a copy of your credit report from There is no charge for this service. It is confidential and done on line from your home. This is a 3-1 report from Trans Union, Equifax, & Experian Hacker Tested SAFE Protect you private information with Passwords. Passwords Should be : A minimum of 8 caricatures in length Combination letters Upper, Lower case, numbers and characters. Example : CHIEF S#8 = Ch1ef $#8 The I is replaced by 1 and the S replaced by $ This makes use of caricatures above the number line. It is easy to remember and has endless combinations for your favorite word. Resource Guide US Department of Justice Request a free copy of the "Stop Identity Theft Now" Educational video by calling For more information US Secret Service Field Offices Electronic Crimes Task Force: Locate a task force at US Postal Inspection Service: Locate your nearest Postal Inspection Service and contact. 9

10 Resource Guide E-Information Network Access a unique collection of resource databases that help financial institutions and law enforcement obtain information on a variety of topics. IDSafety Resources International Association of Financial Crimes Investigators The Identity Theft Assistance Center (ITAC) Is a cooperative private sector initiative that provides a free victim assistance service for customers of its member companies, and shares data with the FTC and other law enforcement agencies. If you are a victim of identity theft Contact the fraud departments of each of the three major credit bureaus. Equifax Trans Union Experian

11 If you are a victim of identity theft Federal Trade Commission ( FTC ) U.S. Postal Inspection Service inspectors Social Security Administration What to expect when you call The FCC Before You Submit a Complaint The Federal Trade Commission, the nation's consumer protection agency, collects complaints about companies, business practices, and identity theft under the FTC Act and other laws they enforce or administer. Why: Your complaints can help them detect patterns of wrongdoing, and lead to investigations and prosecutions. The FTC enters all complaints it receives into a secure online database that is used by thousands of civil and criminal law enforcement authorities worldwide. The FTC does not resolve individual consumer complaints. Your Privacy:How much personal information you provide is up to you. If you don't provide your name and certain other information, it may be impossible for us to refer, respond to, or investigate your complaint. To learn more about this information collection and its purpose, authority and use, read our Privacy Act Statement. What kind of investigation can Law Enforcement Do? It is very difficult to solve these kind of cases unless your identity was used to make a purchase. Surveillance tapes are helpful with identification of the user of Credit / Debit cards. Net work with other law Enforcement agencies in your area and see if anyone can identify the perpetrator. Send a copy of the photo to Detention facilities in your area Most often they have been in the system and Jailers can recognize them. 11

12 For any accounts that have been fraudulent accessed, contact the security departments of the appropriate creditors or financial institutions. Close these accounts Put passwords ( not mothers maiden name, Social Security numbers, home phone, kids names, or any part of your name. ) File a report with you local Police / Sheriff Office Get the report number from the financial institution. Give that report number to the Police / Sheriff Instructions for Completing the ID Theft Affidavit To make certain that you do not become responsible for any debts incurred by an identity thief, you must prove to each of the companies where accounts were opened in your name that you didn t create the debt. The ID Theft Affidavit was developed by a group of credit grantors, consumer advocates, and attorneys at the Federal Trade Commission (FTC) for this purpose. Importantly, this affidavit is only for use where a new account was opened in your name. If someone made unauthorized charges to an existing account, call the company for instructions. While many companies accept this affidavit, others require that you submit more or different forms. Before you send the affidavit, contact each company to find out if they accept it. If they do not accept the ID Theft Affidavit, ask them what information and/or documentation they require. You may not need the ID Theft Affidavit to absolve you of debt resulting from identity theft if you obtain an Identity Theft Report. We suggest you consider obtaining an Identity Theft Report where a new account was opened in your name. An Identity Theft Report can be used to 12

13 Instructions for Completing the ID Theft Affidavit To make certain that you do not become responsible for any debts incurred by an identity thief, you must prove to each of the companies where accounts were opened in your name that you didn t create the debt. The ID Theft Affidavit was developed by a group of credit grantors, consumer advocates, and attorneys at the Federal Trade Commission (FTC) for this purpose. Importantly, this affidavit is only for use where a new account was opened in your name. If someone made unauthorized charges to an existing account, call the company for instructions. While many companies accept this affidavit, others require that you submit more or different forms. Before you send the affidavit, contact each company to find out if they accept it If they do not accept the ID Theft Affidavit, ask them what information and/or documentation they require. You may not need the ID Theft Affidavit to absolve you of debt resulting from identity theft if you obtain an Identity Theft Report. We suggest you consider obtaining an Identity Theft Report where a new account was opened in your name. An Identity Theft Report can be used to Instructions for Completing the ID Theft Affidavit (Cont.) (1) Permanently block fraudulent information from appearing on your credit report; (2) Ensure that debts do not reappear on your credit reports; (3) Prevent a company from continuing to collect debts or selling the debt to others for collection; and (4) Obtain an extended fraud alert. The ID Theft Affidavit may be required by a company in order for you to obtain applications or other transaction records related to the theft of your identity. These records may help you prove that you are a victim. For example, you may be able to show that the signature on an application is not yours. These documents also may contain information about the identity thief that is valuable to law enforcement. Instructions for Completing the ID Theft Affidavit (Cont.) (1) Permanently block fraudulent information from appearing on your credit report; (2) Ensure that debts do not reappear on your credit reports; (3) Prevent a company from continuing to collect debts or selling the debt to others for collection; and (4) Obtain an extended fraud alert. The ID Theft Affidavit may be required by a company in order for you to obtain applications or other transaction records related to the theft of your identity. These records may help you prove that you are a victim. For example, you may be able to show that the signature on an application is not yours. is valuable to law These documents also may contain information about the identity thief that enforcement. 13

14 Instructions for Completing the ID Theft Affidavit (Cont.) This affidavit has two parts: Part One the ID Theft Affidavit is where you report general information about yourself and the theft. Part Two the Fraudulent Account Statement is where you describe the fraudulent account (s) opened in your name. Use a separate Fraudulent Account Statement for each company you need to write to. When you send the affidavit to the companies, attach copies (NOT originals) of any supporting documents (for example, driver s license or police report). Before submitting your affidavit, review the disputed account (s) with family members or friends who may have information about the account (s) or access to them. Complete this affidavit as soon as possible. Many creditors ask that you send it within two weeks. Delays on your part could slow the investigation. Be as accurate and complete as possible. You may choose not to provide some of the information requested. However, incorrect or incomplete information will slow the process of investigating your claim and absolving the debt. Print clearly. Instructions for Completing the ID Theft Affidavit (Cont.) (1) Permanently block fraudulent information from appearing on your credit report; (2) Ensure that debts do not reappear on your credit reports; (3) Prevent a company from continuing to collect debts or selling the debt to others for collection; and (4) Obtain an extended fraud alert. The ID Theft Affidavit may be required by a company in order for you to obtain applications or other transaction records related to the theft of your identity. These records may help you prove that you are a victim. For example, you may be able to show that the signature on an application is not yours. These documents also may contain information about the identity thief that is valuable to law enforcement. Instructions for Completing the ID Theft Affidavit (Cont.) If you haven t already done so, report the fraud to the following organizations: 1. Any one of the nationwide consumer reporting companies to place a fraud alert on your credit report. Fraud alerts can help prevent an identity thief from opening any more accounts in your name. The company you call is required to contact the other two, which will place an alert on their versions of your report, too. Equifax: ; Experian: EXPERIAN( ); Trans Union: ; In addition, once you have placed a fraud alert, you re entitled to order one free credit report from each of the three consumer reporting companies, and, they will display only the last four digits of your Social Security number on your credit reports. 2 The security or fraud department of each company where you know, or believe, accounts have been tampered with or opened fraudulently. Close the accounts. 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, your phone number, or a series of consecutive numbers. 14

15 Instructions for Completing the ID Theft Affidavit (Cont.) If you haven t already done so, report the fraud to the following organizations: 1. Any one of the nationwide consumer reporting companies to place a fraud alert on your credit report. Fraud alerts can help prevent an identity thief from opening any more accounts in your name. The company you call is required to contact the other two, which will place an alert on their versions of your report, too. Equifax: ; Experian: EXPERIAN( ); Trans Union: ; In addition, once you have placed a fraud alert, you re entitled to order one free credit report from each of the three consumer reporting companies, and, they will display only the last four digits of your Social Security number on your credit reports. 2 The security or fraud department of each company where you know, or believe, accounts have been tampered with or opened fraudulently. Close the accounts. 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, your phone number, or a series of consecutive numbers. 3. Your local police or the police in the community where the identity theft took place. Provide a copy of your ID Theft Complaint filed with the FTC (see below), to be incorporated into the police report. Get a copy of the police report or, at the very least, the number of the report. It can help you deal with creditors who need proof of the crime. If the police are reluctant to take your report, ask to file a Miscellaneous Incidents 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 for a list of state Attorneys General. 4. The Federal Trade Commission. 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 also can refer victims complaints to other government agencies and companies for further action, as well as investigate companies for violations of laws that the FTC enforces. You can file a complaint online at /idtheft If you don t have Internet access, call the FTC s Identity Theft Hotline, toll-free: IDTHEFT( ); TTY: ; or write: Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC When you file an ID Theft Complaint with the FTC online, you will be given the option to print a copy of your ID Theft Complaint. You should bring a copy of the printed ID Theft Complaint with you to the police to be incorporated into your police report. The ID Theft Complaint, in conjunction with the police report, can create an Identity Theft Report that will help you recover more quickly. The ID Theft Complaint provides the supporting details necessary for an Identity Theft Report, which go beyond the details of a typical police report. ID Theft Affidavit Victim Information (1)My full legal name is (First) (Middle) (Last) (Jr., Sr., III) (2) (If different from above) When the events described in this affidavit took place, I was known as: (First) (Middle) (Last) (Jr., Sr., III (3) My date of birth is (day/month/year) (4) Social Security number is (5) My driver s license or identification card state and number are (6) My current address is: City State Zip Code (7) I have lived at this address since (month/year) (month/year) (8) (If different from above) When the events described in this affidavit took place, my address was City State Zip Code (9) I lived at the address in Item 8 from until (10) My daytime telephone number is ( ) (11) My evening telephone number I ( ) DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHER Federal GOVERNMENT AGENCY 15

16 Name Phone number Page 2 How the Fraud Occurred Check all that apply for items 11-17:(11)I did not authorize anyone to use my name or personal information to seek the money, credit, loans, goods or services described in this report. (12) I did not receive any benefit, money, goods or services as a result of the events described in this report. (13) My identification documents (for example, credit cards; birth certificate; driver s License Social Security card; etc.) were stolen lost on or about. (MM/DD/YYYY) (14)To the best of my knowledge and belief, the following person (s) used my information (for example, my name, address, date of birth, existing account numbers, Social Security number, mother s maiden name, etc.) or identification documents to get money, credit, loans, goods or services without my knowledge or authorization: Name (if known) Address (if known ) Phone number (s) (if Known) _( ) ( ) Additional information (if Known) Name (if known) Address (if known ) Phone number (s) (if Known) _( ) ( ) Additional information (if Known) Name (if known) Address (if known ) Phone number (s) (if Known) _( ) ( ) Additional information (if Known) (15) I do NOT know who used my information or identification documents to get money, credit, loans, goods or services without my knowledge or authorization.(16)additional comments: (For example, description of the fraud, which documents or information were used or how the identity thief gained access to your information.) (Attach additional pages as necessary.) DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHERGOVERNMENT AGENCY (16) I can verify my identity with these documents: A valid government-issued photo identification card (for example, my driver s license, state-issued ID card, or my passport).if you are under 16 and don t have a photo-id, a copy of your birth certificate or a copy of your official school record showing your enrollment and legal address is acceptable. Proof of residency during the time the disputed charges occurred, the loan was made, or the other event took place (for example, a copy of a rental/lease agreement in my name, a utility bill, or an insurance bill). (17) The following personal information (like my name, address, Social Security number, or date of birth) in my credit report is inaccurate as a result of this identity theft: (A) (B) (C) (18) Credit inquiries from these companies appear on my credit report as a result of this identity theft: Company Name: Company Name: Company Name: Company Name: Company Name : 16

17 Name Phone Number ( ) Page 3 (19) Name of Institution Contact Person Phone Extension Account Number Routing Number Affected Check Number (s) Account Type: Credit Bank Phone/Utilities Loan Government Benefits Internet or Other Select ONE: This account was opened fraudulently. This was an existing account that someone tampered with. Name of Institution Contact Person Phone Extension Account Number Routing Number Affected Check Number (s) Account Type: Credit Bank Phone/Utilities Loan Government Benefits Internet or Other Select ONE: This account was opened fraudulently. This was an existing account that someone tampered with. Date Opened or Misused (mm/yyyy) Date Discovered (mm/yyyy) Total Amount Obtained ($) Name of Institution Contact Person Phone Extension Account Number Routing Number Affected Check Number (s) Account Type: Credit Bank Phone/Utilities Loan Government Benefits Internet or Other Select ONE: This account was opened fraudulently. This was an existing account that someone tampered with. Date Opened or Misused (mm/yyyy) Date Discovered (mm/yyyy) Total Amount Obtained ($) (Attach additional pages as necessary.) (20) One way to get a credit reporting agency to quickly block identity theft- related information from appearing on your credit report is to submit a detailed law enforcement report ( Identity Theft Report ). You can obtain an Identity Theft Report by taking this form to your local law enforcement office, along with your supporting documentation. Ask an officer to witness your signature and complete the rest of the information in this section. It s important to get your report number, whether or not you are able to file in person or get a copy of the official law enforcement report. Attach a copy of any confirmation letter or official law enforcement report you receive when sending this form to credit reporting agencies. Select ONE: I have not filed a law enforcement report. I was unable to file any law enforcement report. I filed an automated report with the law enforcement agency listed below. I filed my report in person with the law enforcement officer and agency listed below. Law Enforcement Department State Report Number Filing Date (mm/dd/yyyy) Officer s Name (please print) Officer s Signature ( ) Badge Number Phone Number Did the victim receive a copy of the report from the law enforcement officer? Yes or No Victim s FTC complaint number (if available): Your Law Enforcement Report As applicable, sign and date IN THE PRESENCE OF a law enforcement officer, a notary, or a witness. (21) I certify that, to the best of my knowledge and belief, all of the information on and attached to this complaint is true, correct, and complete and made in good faith. I understand that this complaint or the information it contains may be made available to federal, state, and/or local law enforcement agencies for such action within their jurisdiction as they deem appropriate. I understand that knowingly making any false or fraudulent statement or representation to the government may violate federal, state, or local criminal statutes, and may result in a fine, imprisonment, or both. Signature Date (MM/DD/YYYY) 17

18 Victim s Name Phone number Your Affidavit (22) If you do not choose to file a report with law enforcement, you may use this form as an Identity Theft Affidavit to prove to each of the companies where the thief misused your information that you are not responsible for the fraud. While many companies accept this affidavit, others require that you submit different forms. Check with each company to see if it accepts this form. You should also check to see if it requires notarization. If so, sign in the presence of a notary. please have one witness (non-relative) sign that you completed and signed this Affidavit. Notary Witness: Signature Date (MM/DD/YYYY) Printed Name Telephone Number How Credit Card Companies Investigation of Identity Theft Recommend the victim contact each effected financial institution Have the Victim get a current copy of their credit report. Assess the amount of damage done. Once a credit Card company learns of the theft they then will Back-charge the merchant. It then is up to the merchant to hunt down the thief and prosecute. Investigating Crimes against Seniors Some seniors will be: scared, intimidated, embarrassed, Ashamed of themselves: To accuse a family member rusted friend, Associate or, their Health Care provider will be difficult at best. Your Job will be to work them through this process. 18

19 Talking to people with Alzheimer s Dementia Asking what happened, or how did this crime occur, my cause confusion. So direct your conversation towards the issue you were dispatched on or, are in the process of Investigating. ( Ie: Theft, Fraud, Abuse, Burglary.. ) Direct your conversation towards, that was just terrible what happened to you, how do you think it all started. Now be patient. More than likely you are going to get a story. It may be a long story. Investigating Crime against Seniors Talking to people with Alzheimer s Dementia Be Patient Speak clearly and slowly. Clearly doesn t mean Loud.!! Slowly doesn t mean slow motion. Be willing to listen to them. Keep them on task. Investigating Crime against Seniors Fraudulent Charges in wills and trusts Credit card Bank account Life insurance Burial scams Forgery Med a care Med a care D 19

20 Investigating Crime against Seniors Physical Abuse Sexual Abuse Emotional Abuse Financial /Material Exploitation Neglect Abandonment Investigating Crime against Seniors Talking to people with Alzheimer s or Dementia. Take your time when asking questions. Often they won t know the answer. So direct them to the answer. Note: There is a fine line between directing and leading. Talking to people with Alzheimer s Dementia Don t SAY You just told me that. I already know that that. We talked about this before. What kind of work did you do? Do SAY That s interesting. Thanks for telling me. That s interesting. Id like to know more. You must have been good at your Job. 20

21 Talking to people with Alzheimer s Dementia How old are you and what is your Date of birth. Will confuse them. Remember they may not have a Drivers license any more. So are you about 75? Wait for a response, like ( no I m 86. ) So you were born in 1921? Yes December 12th. Talking to people with Alzheimer s Dementia If the victim has a family member available ask if they can help you with the necessary information. Avoid asking time questions unless the victim wears a watch or has a large clock in the room with them. Time is difficult for someone with Alzheimer s or Dementia. After getting the necessary information you may have to lead the victim for your exit. Statements like just look at the time, where ever does it go? I would sure like to say and visit some more I believe someone else is in need of my help. Avoid rushing through and telling them you are leaving or going to: 21

22 There is a certain percentage of our population who have absolutely no morality when it comes to the acquisition of wealth. These people know the risk of getting caught is minimal. In many cases, even if they do get caught, they are willing to deal with the consequences given the potential monetary payoff. Stay vigilant and educate yourself on these matters. Pass on your education to others. It really is the best way to protect yourself and our communities against the threat we are presented with everyday. 22

23 What have we talk about What is PEANE Identity Theft by Statute Prevention Scams / Frauds Who to call How the FCC works Affidavits Winning ways to talk to Seniors Phil Wickwire Butler County Sheriff s Office 141 S. Gordy El Dorado, KS (316) pwickwire@bucoks.com 23