Identity theft
Identity theft occurs when someone knowingly uses another person’s private identifying information, without permission, in committing a crime. According to the Code of Federal Regulation (CFR), it is the fraud committed or attempted using the identifying information for another person without his consent (Finklea, 2009). The personal identifying information may be the name, credit card number. This type of crime has been on the increase in the United States such that almost everybody has his share in being fraud. It is the fastest growing type of fraud in the United States with far more reaching effect on the economy. Identity theft always arises when one does not take good care of the personal information. This gives the identity thieves a good time to find the criminal use of the personal information. They may go in the bins to look for the cards containing the personal information. They use phishing whereby they send spam to the financial companies’ in order to obtain the information. They may also just use pre-texting as they give a false pretence to the financial institution. Some also use the old method s of stealing like pick pocketing or even bribe the employers who have your personal information.
An increase in globalization, which makes the world to be like a community, provides the thieves with a perfect condition for operating in a wide range. This makes it difficult to identify them because they may not be operating within the identified border. The criminals also attain different identities as they go to the different nations thus facilitating their move in the crime world. The identity theft has therefore become one of the uncompromised types of fraud that adversely affect the economic health of the United States (Finklea, 2009). Identity theft also has connection with other criminal activities that adds to its effect. After obtaining the personal information, they always have various uses for the different type of gadget containing the information; consequently affecting the original holder in various ways. When stealing the credit card, they go to the extent of opening a new account of which the holder may not be aware of but of course, they use his or her name. In the course of carrying out the action, the identity theft may involve violence to get the information from the holder hence victimizing the holder.
The implication of the criminal justice system
The Federal Trade Commission (FTC) has provided an estimate that the identity theft in America cost the consumers about 50 billion dollars (Finklea, 2009). This therefore probed the government through the criminal justice system to have their say. The government did not accord the identity theft as a federal crime until the realization that the internet was increasingly providing a perfect harbor for the identity thieves. This therefore made a call for the amendment of the laws to counteract the effects of the identity theft. The leading congress, therefore passed the identity theft penalty enhancement act, identity theft enforcement act and the identity theft enforcement and restitution act of 2008 (Finklea, 2009). The government viewed this acts as the only better way to reduce the effects of the crime.
Apart from the acts, the Identity Theft Task Force establishment came with the recommendation of decreasing the use of social security numbers in the public sector. The task force suggested the need for creating awareness. Further, the thirst for combating the crime brought in legislative recommendation. They recommended adding new crimes in relation to the identity theft; amending the computer fraud statute and the cyber-extortion statute (Finklea, 2009); ensuring that there was a proportional sentences imposed on the identity theft (Finklea, 2009). The addition of crimes related to the identity theft ensures that the criminal justice system covers the many subordinations of the crime. Red flag rule wraps the search for reducing the effect of the crime. This rule requires all the financial institution to establish their prevention policies. The criminal justice system has also strengthened the Investigation and prosecutions through the Federal Bureau of Investigation (FBI), United States Secret Service (USSS), United States Postal Inspection Service (USPIS), Social, Security Administration Office of the Inspector General (SSA OIG) (Finklea, 2009). The number of the investigative agencies ensured that the criminal justice system had an optimum coverage of the whole nation. The US Attorneys Offices (USAOs) took the function of prosecuting the criminals of identity theft referred to them by the investigative agencies.
The efforts by the various government recommendations and the criminal justice system mainly received frustration from the globalization and the alarming rate of the internet growth in every part of the world(Finklea, 2009). The thieves also operate under different identities making it difficult for the real identification. The thieves have also established stronger networks across the world thereby leading to the difficulty in destroying the connection.
Conclusion
The identity theft is one of the highly rated growing crimes in the whole world. The dwindling growth of the United States economy is one of its contributions. Most of the consumers’ complaints are either directly or indirectly associated with the crime. The US government is however not dormant as evidenced in the various steps they are taking against the crime. Recognizing it as a federal crime enables the government to fight the crime from a higher level. The various strong investigation institutions prove not to fail the government in its fight against the crime. The justice system has also been on the forefront in strengthening the legal punishment on identity theft criminals.
Reference
Finklea, K. M. (2009). Identity Theft: Trends and Issues: R40599. Congressional Research Service: Report, 1.
