Criminal Identity Theft - What Is It and How To Protect Yourself?

  • By David Lukic
  • Published: Dec 03, 2020
  • Last Updated: Oct 04, 2024

Nowadays, criminals may steal and use your identity, giving you a criminal record. It is important to understand the risks of criminal identity theft and how to prevent it.

What is Criminal Identity Theft?

When someone uses your stolen ID or personally identifiable information (PII) when he is arrested by the authorities for committing a crime, it is known as criminal identity theft. Thieves obtaining your ID or personal information means they can do many things:

  • When asked about the crimes they committed – they give your identity rather than theirs.
  • When they are arrested - they pretend to be you, putting you in contempt of court and requiring you to deal with removing your criminal record.
  • When they are pulled over for a traffic violation – they show your ID and make you pay the fines.
  • Attach illegal conduct to your record rather than theirs, making you fail background checks.
  • Open bank accounts and take out loans under your name. Debt collectors will contact you to settle the balance for unpaid bills.
  • Book hotels, rent cars, and issue fraudulent checks under your name. Authorities will attempt to prosecute you once they find out about the scam.

Federal law defines criminal identity theft as follows: "It is unlawful for anyone to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or otherwise promote, carry on, or facilitate any unlawful activity." This definition applies to all forms of identity theft.

In the worst instance, identity theft will result in a criminal record that will be difficult and stressful to get cleared of.

Common Methods to Commit Criminal Identity Theft

There are a lot of different ways that thieves can take your identity. They need information from at least one ID document (your passport or driver's license), to commit criminal identity theft. These are some simple ways to obtain that information (without your knowing):

  • Theft of physical documents. One of the simplest ways for con artists to start utilizing your identity is physical identity theft. Anybody who steals your passport, driver's license, or other identity document can use it to prove they are you.
  • Getting a new ID by utilizing a stolen birth certificate. Anyone can use their birth certificate to request a new ID. If they steal your birth certificate, fraudsters might be able to create a fake ID with your name and photo on it.
  • Purchasing data leaks from the Dark Web. On the Dark Web, whole databases containing personal information are for sale. For as little as $80, identity thieves can buy individual documents; false physical IDs can cost as much as $160.
  • Making a false ID from incomplete information. One of the most prevalent forms of identity theft is synthetic identity theft. In this fraud, thieves combine actual and fictitious information to establish "new" identities. An example of this would be utilizing your name and a Social Security number (SSN) that has been stolen to create a fake identity.
  •  Email scams and phishing attempts. Cybercriminals assume the identities of businesses, services, or governmental organizations to deceive you into divulging confidential data. Phishing attacks can happen over the phone, through SMS, or by email.
  • Malware and keyloggers. Malware installed on your devices by hackers can steal personal data. Robust viruses known as keyloggers can capture mouse clicks or keystrokes, providing hackers with access to your account numbers, passwords, and other personal information.

Uncovering Identity Theft: Warning Signs to Watch For?

Most people are not aware that they are criminal identity theft victims until after the crime has been committed, such as when you fail a background check, are denied a loan, or find out you receive a warrant for your arrest.

Uncovering Identity Theft: Warning Signs to Watch For?

Nevertheless, there are methods for detecting identity fraud before these things happen. Should you recognize any of these warning indicators, you might be in danger:

  • You’ve lost an important ID. It is easy for a lost driver's license, passport, or state ID to fall into the wrong hands. The risk is not reduced when you replace lost documents. Somewhere, the original still exists.
  • Inaccurate credit report. The main credit bureaus will provide you with a free credit report upon request. Alternatively, you can register for a credit monitoring service, which will automatically check your credit history for unusual behavior.
  • You receive unknown mail at your address. Bills, credit card statements, and financial reports from companies you are unfamiliar with should be avoided. Someone may be opening new accounts or taking out loans using your name and address.
  • The anticipated mail has not arrived. Letters, envelopes, and packages may be taken directly from your mailbox or home by identity thieves. Criminals can easily take your identity through stolen mail and use it to commit felonies or other crimes.
  • Inaccurate tax return data. In an attempt to obtain your tax return check, identity thieves may file false tax returns in your name. They cash the check as soon as it arrives, leaving you to deal with the IRS when the scam comes back to you.
  • Your identity theft protection provider notifies you that there are court records including your name. IDStrong keeps an eye on court and criminal records throughout the nation and can notify you if someone has stolen and used your identity.
  • You get phishing SMS and fraud calls that are remarkably targeted. A person's name, address, or birthdate are never used in the generic scam. If you receive suspicious SMS containing personal information, proceed with caution.
  • Unfamiliar charges on your bank statements. Strange charges or new accounts showing up on your statement should trigger an alert. Check your bank for any odd activity. Try to gather as much information as you can.‍

Real-Life Examples: Criminal Identity Theft

In 2010, Australian Nicole McCabe’s identity was supposedly stolen by the Israeli Intelligence Agency, Mossad, and used to assassinate Mahmoud Al-Mabhouh, a Hamas leader, in Dubai. Imagine yourself being framed for murder. How did it happen? It was stated that her passport had been compromised. McCabe was listening to the assassination news on the radio while she was driving. She was shocked to hear that her name was on the suspect list.

In the 2020s, the Tinder Swindler case attracted global attention. Shimon Hayut tricked unsuspecting women online by impersonating himself as a wealthy jet-setter. Then, he started fake relationships with them. Once he had their trust, he would demand their credit cards and loans, telling them that competitor businesses were pursuing him. Naturally, he didn't reimburse them. As a result of Hayut maxing up their credit cards, many of his victims are currently saddled with huge debt.

Preventative Measures: Protecting Yourself from Identity Theft

Protecting yourself from criminal identity theft is much the same as preventing other types of identity theft. Here are a few of the critical steps you should take to stop criminals from gaining access to your sensitive information:

  1. Keep your wallet, bag, and physical IDs secure at all times - If thieves acquire a physical copy of your ID or credit card, it will be much easier for them to steal your identity. These documents may be exploited to gain additional access to your IDs or used in crimes (e.g., credit card payments made online). Only bring the necessary cards and paperwork with you, and make sure you maintain a current inventory of what's in your wallet or purse in case it is stolen.
  2. Share less data with companies and online platforms - Every time you make an online purchase, open a new account, or complete an online form, you provide information that might be compromised. Scammers may utilize the personal information you disclose publicly (social networks), including your hobbies, family, and job, against you. Try to share fewer things online to minimize your digital footprint. Be careful when handling sensitive data, including your Social Security number (SSN), account passwords, or two-factor authentication codes.
  3. Always use strong passwords and two-factor authentication (2FA) - A thief might easily steal your identity using the sensitive information in your Internet accounts, particularly your email. Ensure that each account and device has a password that is secure, unique, and complex. Consider using a safe password manager if you're concerned about remembering numerous passwords. Enable 2FA for enhanced protection, which requires a unique code in addition to your password to access your accounts. When obtaining 2FA codes, it's also preferable to use an authenticator app as opposed to SMS.
  4. Recognize the warning signs of a phishing attack - Phishing scams use phone calls, texts, emails, or social media communications to deceive you into unveiling important information. Fraudsters frequently pose as businesses or government organizations (the FBI, IRS, etc.) to trick you into clicking on harmful links or providing personal information. Make sure the email address is coming from a legitimate domain (such as "Amazon.com" or "BestBuy.com") by double-checking the sender's address. Additionally, be cautious while opening documents or clicking links in unwanted messages.
  5. Don’t use public Wi-Fi or use a virtual private network (VPN) when online - It's simple for hackers to eavesdrop on you via public WiFi. These frauds, also referred to as "man-in-the-middle attacks," give con artists access to any information you enter on a website, including account information and passwords. When using public Wi-Fi, try to utilize your mobile hotspot instead of the public networks, and secure your home network with a strong password and a virtual private network (VPN).
  6. Acquire an identity theft protection service to monitor your personal information- Online access to court records is standard, but not everyone has the time or inclination to actively review them. IDStrong’s identity theft protection service can monitor public records as well as private records, like your credit history. This guarantees that you will be informed if someone is detained for a crime committed in your name or if someone opens new accounts or obtains a loan using your identity.

How to Clear Your Name after Identity Theft?

To clear your name after an identity theft, you should:

  • Use IdentityTheft.gov to report identity theft to the Federal Trade Commission (FTC). You can use this report to prove that the offenses were not committed by you and that your identity was stolen.
  • File a police report with your local law enforcement agency. You may also need to submit an extra report to the police in the area where the crime was committed.
  • Make sure the cops confirm your identity. You can provide more proof to back up your claim or have your fingerprints scanned. Recall that you can be suspected of identity theft by the police.
  • Compile your records, such as your FTC identity theft report and the arrest case number. Include the arrest warrant as well, if you have one.
  • Get in touch with the Department of Motor Vehicles if someone used your identity at a traffic stop (DMV). If the traffic stop took place in a different state, you have to get in touch with the DMV of that state.
  • Schedule a court appearance to get an Identity Theft Certificate. Every state has a separate procedure for this. For instance, acquiring a Texas identity theft certificate requires completing a six-step application process administered by the State of Texas. You will have to demonstrate that the offense done in your name was "factually innocent."
  • Find out whether your state has a program called Identity Theft Passport. The National Conference of State Legislatures disseminates information on state-specific identity theft passport programs, forfeiture clauses, and restitution statutes. To learn more, get in touch with the attorney general of your state.

Bottom Line

For further protection – you could affiliate with related services or products (e.g., identity monitoring, legal assistance). Identity theft protection services can assist in uncovering indications of identity theft by monitoring your data online. Many services also monitor your credit and bank activity to flag any suspicious transactions. Some of the services that can restore your identity if it’s stolen include IDStrong, LifeLock, IdentityForce, etc.

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