Alameda County Office of the District Attorney. Nancy O Malley District Attorney

Transcription

1 Alameda County Office of the District Attorney Nancy O Malley District Attorney

2 Mission Statement To review and prosecute criminal violations of the laws, to protect consumers and the environment and to support and protect victims of crime within the County on behalf of the people of the State of California.

3 IDENTIFY THEFT: Don t YOU be a Victim

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5 STEALING THE OLD FASHIONED WAY Small gain, great risk Victim can ID you Victim can fight back Police can chase you Gun enhancements Strike charges Long prison terms

6 STEALING VIA ID THEFT High profit- low risk No victim contact No weapon use Police undermanned and overwhelmed If caught- probation or misdemeanor The loot is delivered!

7 Stop. Think. Connect. Campaign STOP Before you use the internet, take time to understand the risks and learn how to spot potential problems.

8 Stop. Think. Connect. Campaign THINK Take a moment to be certain the path ahead is clear. Watch for warning signs and consider how your actions online could impact your safety, or your family s.

9 Stop. Think. Connect. Campaign CONNECT Enjoy the Internet with greater confidence, knowing you ve taken the right steps to safeguard yourself and your computer.

10 Cybersafety The rules and behaviors designed to keep individuals safe whenever they are connected to the internet.

11 Ask yourself: WHO is asking for my personal information? WHAT information is requested? WHY do they need this personal information?

12 Stranger Danger! Don t chat online or exchange s with strangers Don t accept strangers into your Facebook or other online profiles Don t share information about yourself in strangers in other forums

13 Stranger Danger! Don t put personal information in public postings eg. where you live, work, go to school Don t leave your mobile devices where other people can access them Don t share passwords

14 Cybercrime Stealing, trading, or making illegal copies of music and software Using stolen credit cards to make purchases Identity theft, pretending to be someone you re not Hacking, spreading viruses

15 Mobile devices Greater risk for theft or loss There s an app for everything do you know where your information is going? Cell phones are now accessible by hackers Many phones have settings and capture information that tells the world where you are and have been

16 THINK. Before hitting the send button

17 ID THEFT - DEFINITION Obtaining the Personal Identifying Information of another person AND using it to do something illegal. PC 530.5

18 COMMON EXAMPLES: Victim s credit card used to make fraudulent purchases. Victim s PII used to fraudulently open an account. Victim s PII used to manufacture counterfeit checks and/or identifications.

19 Lawyer scammed out of $182,000 in check-fraud scam Lawyers Warned to Be Wary of Client Scams

20 Lawyer scammed out of $182,000 in check-fraud scam Houston lawyer; Law firm was scammed out of $182,500; Client who contacted and hired him through

21 PERSONAL IDENTIFYING INFORMATION - PC (b) Name and address. Telephone number. Driver's license number. Social security number. Place of employment. Employee identification number. Government passport number. Unique electronic data routing code.

22 PERSONAL IDENTIFYING INFORMATION PC (b) Mother's maiden name. Demand deposit account number. Savings account number. Credit card number. PIN or password. Unique biometric data like fingerprints. Voice print. Etc.

23 WHO IS A PERSON? PENAL CODE (a) Natural Person (living or deceased) Firm Association Organization Partnership Business trust Company or Corporation Limited liability company Public entity

24 KEY COMPONENT OF THE CRIME Acquisition of personal identifying information

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26 HOW DO IDENTITY THEIVES GET PII

27 Don t be a victim!

28 Jury Scam Alert The Administrative Office of the Courts has seen a recent resurgence in use of a jury identity theft scam. More than a dozen states-including Californiahave issued public warnings about calls from people claiming to be court officials seeking personal information. The Federal Bureau of Investigation is aware of the scam and cautions people against falling prey to these callers.

29 Jury Scam Alert The Administrative Office of the Courts and Staff of the superior courts will never ask past or prospective jurors for financial details, credit card numbers, bank account or personal information like Social Security numbers. Please do not provide this type of information to anyone claiming to be associated with the courts.

30 COMPUTER HACKING CheckFree Corp. (Atlanta, GA) Their electronic bill payment service was compromised & criminals took control of several of the company's Internet domains and redirected customer traffic to a malicious Web site hosted in the Ukraine. This breach was reported in 12/3/08. 5,000,000 accounts/records compromised ***privacyrights.org

31 LINKSYS WAP/ROUTER

32 WIRELESS ACCESS POINTS Risk #1 Exposure of data on computer. Risk #2 Exposure of data to & from WAP. Risk #3 Unauthorized use of your WAP. Solution = WAP security i.e. lock down!

33 WAP SECURITY TIPS 1. Change WAP default name. 2. Change WAP administrator password. 3. Enable WAP s encryption feature. 4. Enable MAC address control (PC adapter card). 5. Download WAP software updates for patches. 6. Install and use antivirus software on your PC.

34 LAPTOP COMPUTER LOST US Army Security breach regarding PII stored on a lost laptop computer affecting more than 6,000 beneficiaries. Names, Social Security numbers and health information was stored on the laptop. ***privacyrights.org

35 LAPTOP COMPUTER STOLEN Starbucks Corp. (Seattle, WA) A laptop containing private information on employees was stolen. The information included names, addresses and Social Security numbers. ***privacyrights.org

36 UNWIPED COMPUTER GIVEN TO 3 RD P Law office of former Texas attorney Used computer and memory stick purchased from a pawn shop. Contained PII traced back to law office of a Texas attorney who no longer practices law. The attorney is now a Texas State Representative. ***privacyrights.org

37 HIGH-TECH METHODS OF OBTAINING PII Credit card skimmers. Bluetooth skimmers on atm s, gas pumps... Hacking unsecured wireless networks (goal: data of connected computers). Phishing scams. Hacking databases which store PII

38 HIGH-TECH METHODS OF OBTAINING PII

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40 HIGH-TECH METHODS OF OBTAINING PII Recently, Lucky s Stores hit by use of skimmer on the ATM

41 ATM SKIMMER

42 ATM CAMERA

43 CREDIT CARD ENCODER KIT

44 STAND-ALONE SKIMMER

45 GAS PUMP SKIMMER

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47 LOW-TECH METHODS OF OBTAINING PII Mail theft Theft wallets, purses & other personal property Residential & auto burglary Dumpster diving & garbage Social engineering via phone Insider employee theft Violence/homicide

48 NEGLIGENT DISPOSAL OF DOCUMENTS WITH PII Pinellas County & Florida state agency offices Documents with Social Security numbers, medical information and PII found in trash containers at government buildings. ***privacyrights.org

49 NEGLIGENT DISPOSAL OF DOCUMENTS WITH PII Hundreds of improperly discarded records were found including medical data, privileged communications between attorneys and clients, juvenile defendant records and child abuse materials. ***privacyrights.org

50 PEOPLE V. TROY THOMAS (PII obtained via murder) Victim was executed at his home by defendant (def) After killing the victim, def spent 3 hours organizing v s pii for use

51 PEOPLE V. TROY THOMAS (PII obtained via murder) Def s plan: transfer all of v s assets into his name Def was caught after falling asleep in v s car w/ the dead body in the backseat.

52 PENAL CODE METHODS OF VIOLATING 1. Use of PII - PC 530.5(a) 2. Acquire/retain PII PC 530.5(c)(1) (3) 3. Sale/transfer PII PC 530.5(d)(1)

53 COMMON WAYS PII IS USED Create counterfeit identifications Credit card account takeovers Open new credit card accounts

54 COMMON WAYS PII IS USED Open new bank accounts Make/negotiate counterfeit checks Money laundering

55 COMMON WAYS PII IS USED Purchase vehicles/real estate Bankruptcy filings automatic stay Escape arrest/ prosecution

56 SAMPLE CASE PEOPLE V. JOHN DOE Police received an informant tip that Mr. Doe was involved in identity theft. The informant revealed that Mr. DOE WAS GENERATING IN EXCESS OF $1,000,000 A YEAR MANUFACTURING CHECKS, ids, ETC. After further investigation, police obtained a search for Mr. Doe s residence.

57 EVIDENCE RECOVERED DURING THE SEARCH 2007 Ferrari purchased using an ID Theft victim s PII. Mortgage documents showing house purchase using ID Theft victim s PII. $1,200,000 cash. Over 500 counterfeit identifications. 20 computers used to facilitate fraud.

58 MR. DOE S HOUSE

59 INSTRUCTIONAL GUIDES

60 COUNTERFEIT CHECKS

61 SAMPLE FALSE IDENTIFICATIONS

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64 Equipment Fax/Scanner

65 REDUCING THE RISK Accept reality - your PII is an asset. Proactively securing your PII by reducing access to it. Secure your PII in safe place. Use secure mailboxes. Safeguard your personal property, such as wallets & purses. Use a cross-shredder to discard PII.

66 REDUCING THE RISK Use a credit card instead of a debit card. Use a security freeze to block your credit block profile. Do not use common passwords/pins, such as birth date, maiden name, etc. Don t give out your pi over the phone unless you know the caller. Check your credit report every 3 months to verify no fraud activity.

67 BASIC 4 STEPS IF VICTIMIZED? File a police report in city where you reside or place of business. Contact the merchant/issuer of credit to close line of credit. Contact the 3 credit bureas. (Experian, trans union & equifax) CONTACT THE FEDERAL TRADE COMMISSION AT OR ONLINE AT

68 ID THEFT VICTIM RIGHTS OVERVIEW 1. File an identity theft police report. PC 530.6(a) - City of residence or place of business 2. Obtain copies of documents related to the fraud. PC 530.8(a) 3. Remove fraudulent information from credit files. CA Civil Code et seq, Fed. Fair Credit Reporting Act, etc.

69 ID THEFT VICTIM RIGHTS OVERVIEW 4. Right to receive up to 12 free credits reports (1 per mo). 1 Year from date of police report. CA CC (b) 5. Right to stop debt collection on fraud transactions. CA CC Right to sue or assert a defense regarding ownership of property obtained through identity theft. CA CC

70 ID THEFT VICTIM RIGHTS CRIME COMMITTED IN VICTIM S NAME 7. Expedited Superior court hearing and judge s order finding victim factually innocent. -Criminal record then deleted, sealed or labeled fraud. -PC Listing in CA DOJ Identity Theft Victim Registry. -PC & PC 530.7

71 VICTIM RESOURCES Free credit reports annually. Obtaining security freezes Victim information and forms. Victim information and forms.

72 QUESTION & ANSWER

73 Questions? The Alameda County District Attorney s Office Nancy E. O Malley, District Attorney Phone: (510) info@acgov.org