Identity Theft Policy
Policy text
Source details
Source file: 1.44 Identity Theft Policy.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
M.G.L. links open the Massachusetts Legislature’s website. Citations with no matching section open the cited chapter directory.
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Policy & Procedures No. 1.44
Subject:
Identity Theft
Issuing Authority: Effective Date: Review Date:
Chief of Police 05/03/2014 10/24/2023
References:
Revision
& 06/01/2016
Reissued 06/24/2018
Dates: 07/24//2020
CALEA STANDARDS
42.2.8
General Considerations and Guidelines
Purpose Identity theft is the unlawful use of another person’s personal information, such as
name and date of birth, Social Security number, credit card or account numbers,
and passwords, among others, for the purpose of committing fraud or some other
form of criminal deception. It is one of the fastest growing forms of criminal
conduct in the United States.
Although the unauthorized use of another person’s identity is in and of itself a
crime under federal and Massachusetts law, it is almost always a means of
committing other crimes such as bank fraud, check fraud, credit card fraud,
internet fraud, the fraudulent obtaining of loans, utilities, or medical treatment, or
the avoidance of criminal prosecution.
The first step in the compromising of a person’s identity may be the theft of trash,
the skimming of a credit or bank card, the obtaining of information via the
internet, or some other technique that may not even be detected by the victim. In
other cases, the theft of an identity may begin with the theft of a wallet or purse,
or the interception of mail. Early detection of identity theft can minimize the
amount of financial loss and the extent of damage done to the victim’s credit.
__________________________________________________________________
Policy It is the policy of this department to investigate instances where a citizen’s
identity has been compromised for an unlawful purpose.
• In each case of reported identity crime, whether the victim resides here or
a fraudulent transaction occurs here, an officer will conduct an
investigation and write a report. 42.2.8 A
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• Specialized report forms will be used by members of this department
when required. 42.2.8 B
• Officers investigating instances of identity theft will provide victims with
information that will assist them in repairing their credit and diminishing
the amount of theft. 42.2.8 C
• The department will refer to other law enforcement agencies information
about fraudulent transactions occurring in their jurisdictions. There will
be a coordination of investigations with other agencies when necessary.
42.2.8 D
• The department will seek to educate the public about the issue of identity
crime, including methods for preventing it. 42.2.8 E
• MGL C266. S37e authorizes police to arrest for the offense of identity
fraud if probable cause exists.
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Definitions Personal Identifying Information
Any name or number that may be used, alone or in conjunction with any
other information, to assume the identity of an individual, including any
name, address, telephone number, driver’s license number, social security
number, place of employment, employee identification number, mother’s
maiden name, bank account number, credit card number or computer
password.
Victim
Any person who has suffered financial loss or any entity that provided
money, credit, goods, services or anything of value and has suffered
financial loss as a direct result of the commission or attempted
commission of a violation of Massachusetts General Law C266. S37e.
____________________________________________________________________
Procedures A. Initial Investigation and Reporting
1. Jurisdiction: The jurisdiction for an identity theft victim to file a police
report is very broad. A victim may file a report:
a. In the community where the victim resides;
b. In the community where the victim’s personal information is
stored or maintained, or the principal place of business of the entity
that stores or maintains the data; or
c. In the community where the breach of security occurred in whole
or in part.
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2. Identity Theft Affidavit
a. The victim should be provided an Identity Theft Affidavit* from
the Federal Trade Commission. (*See Section B under resources)
b. The form’s instructions contain valuable information to the victim
and also provides for the capture of the information necessary to
meet the requirements of an “Identity Theft Report”; information
necessary for police to conduct a thorough investigation.
c. A completed copy should be obtained and filed with the report
written by the officer.
3. Identity Theft Reports
a. Police reports and incident numbers are critical documents for
victims of identity theft to resolve issues with creditors and credit
reporting agencies.
The report can be used to:
- Permanently block fraudulent information that
results from identity theft from appearing on the
victim’s credit report;
- Ensure these debts do not reappear on the credit
reports;
- Prevent a company from continuing to collect debts
that result from identity theft, or selling them to
others for collection; and
- Allow victims to place extended fraud alert on their
credit report.
B. Assisting the Victim
1. Resources for Victims 42.2.8 C
a. Police officers investigating an identity theft must not only
attempt to identify the subject(s) responsible, but also assist the
victim in minimizing the damage done.
b. An officer investigating an identity theft shall provide the victim
with appropriate brochures, documents, and other resources to
assist the victim in stopping further victimization and correcting
damage caused by the crime. In addition to victim brochures,
these resources include a variety of reporting forms and advisory
materials available from the Federal Trade Commission (FTC) as
well as information from Massachusetts and Federal Consumer
Assistance websites.
A sampling of documents can be found on the “M Drive” in the
folder labeled ‘Identity Theft’. They include:
- Identity Theft Complaint & Affidavit
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- Attorney General’s Guide on Identity Theft for
Victims & Consumers
- Annual Credit Report Request Form
- Sample Dispute Letter
2. Victim Contact with Credit Bureaus 42.2.8 C
Victims should be advised to contact one of the three major credit bureaus
and place a fraud alert on their credit report. As soon as the credit bureau
confirms the fraud alert, the other two credit bureaus will automatically be
notified to place fraud alerts. Once a fraud alert is placed, victims are
entitled to order one free copy of their credit report from each of the three
nationwide consumer reporting companies.
The three credit bureaus are:
- Equifax
Order credit reports by phone: 1-800-685-1111
Place a fraud alert on a credit: 1-888-766-0008
www.equifax.com
- Experian Information Solutions
Order credit reports by phone: 1-888-397-3742
To report fraud or identity theft: 1-888-397-3742
www.experian.com
- TransUnion
Order credit reports by phone: 1-877-322-8228
Dispute an item on your credit report: 1-800-680-
7289
www.transunion.com
3. Notifications to Financial Institutions
The officer should ensure that the victim notifies each financial institution
where they have an account, so the institutions can check the accounts for
undetected fraud.
4. Federal Trade Commission
The officer should advise the victim to contact the Federal Trade
Commission and file a complaint. Complaints should be filed online at
www.ftc.gov/idtheft
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5. Compromise of Social Security Numbers
In cases where a victim’s Social Security number has been compromised,
the Social Security Administration should be notified at 800-269-0271 or
at www.ssa.gov/oig.
6. Documenting Contacts
The officer should advise the victim to maintain a log detailing each
institute where their identity has been compromised. They should be
advised to keep a record of all correspondence and conversations with
financial institutions and other companies, credit bureaus, and law
enforcement officials. All correspondences should be sent by certified
mail, return receipt requested, to document what the company received
and when. Copies should be kept of everything.
C. Follow-up Investigation
1. Initial Follow-up
Cases that require an in-depth investigation may be referred to the Criminal
Investigations Unit for follow-up.
Investigators should follow-up on promising leads which may include:
- Determining the point of compromise;
- Interviewing or causing to be interviewed employees of
financial institutions and stores;
- Securing and preserving images of the suspects;
- Tracing good fraudulently purchased;
- Interacting with bank and credit card company fraud
departments; and
- Investigating instances where the victim’s identity was used to
avoid criminal prosecution.
Investigations which lead to another jurisdiction shall be coordinated with
the appropriate federal, state, or local law enforcement agency. 42.2.8 D
The regional IRS CI contact for identity theft matters is Special Agent
Kevin Millen. SA Millen can be contacted at (860) 756-4719.
Investigators shall keep victims apprised of all significant developments in
the investigation, and shall contact them in all instances where it is learned
that their identity had been further compromised or used.
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2. Referrals from Other Law Enforcement Agencies 42.2.8 D
Referrals of identity theft from outside agencies may be received by our
department. Investigators shall coordinate investigative efforts with the
referring agency. This may include:
- Following-up on all leads as requested by the referring agency;
- Documenting all fraudulent transactions;
- Securing all available evidence, including photographs, stolen
property, and relevant documents;
- Informing the referring agency, officer or agent of all
significant developments in the investigation; and
- Preparing a comprehensive report of the follow-up
investigation, and providing a copy to the referring law
enforcement agency or official.
3. Dissemination of Surveillance Photographs
Images of subjects conducting transactions related to identity theft may be
shared with other agencies. Investigators should also view images received
from other sources to determine if a subject has committed crimes in other
jurisdictions.
D. Prevention and Education 42.2.8 E
The department will keep the public informed on the subject of identity
fraud in general, and specifically about steps that the public can take to
prevent becoming a victim.
- The department’s web site will maintain links to sites that offer
information about identity theft.
- When requested, members of the Family Services Unit or the
Criminal Investigations Unit will offer education and
prevention programs for community groups and educational
institutions.
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