Identity theft is prevalent and getting more and more so in our fast-paced, Internet-connected world. What exactly is identity theft? What laws are used to prosecute identity theft? What should you do if you are a victim of identity theft? How can you protect yourself from it? All these questions and more are framed and answered in this presentation about identity theft.

1. CHRISTY HOROWITZ & SANFORD HOROWITZCHRISTY HOROWITZ & SANFORD HOROWITZ
ATTORNEYS AT LAWATTORNEYS AT LAW
HOROWITZ LAWHOROWITZ LAW
1032 SANTA BARBARA STREET1032 SANTA BARBARA STREET
SANTA BANTA BARBARA, CA 93101SANTA BANTA BARBARA, CA 93101
(805) 452-7214(805) 452-7214
CHRIS@HOROWITZFORLAW.COMCHRIS@HOROWITZFORLAW.COM
SANDY@HOROWITZFORLAW.COMSANDY@HOROWITZFORLAW.COM
WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM
Protecting Against Identity Theft

2. What is Identity Theft?
 Identity theft occurs when someone
represents that he/she is you…
 by using your personal information;
 Obtained without your consent; and
 Does so for either fraudulent or other unlawful,
improper purpose.

3. What is Identity Theft?
 In an "account takeover," the person gains
access to an existing, legitimate account using
your personal information.
 Someone who uses your personal information
to avoid prosecution commits "criminal"
identity theft.

4. Where do they get your personal
information?
 Although computer "hacking" gets the biggest
headlines, mail theft, dumpster diving, and
theft of company records by employees
continue to be the most common ways of
obtaining personal information.
 Obtaining personal information such as:
passwords, social security numbers, birth
certificates, and taxes.

5. Fraudulent Tax ReturnsFraudulent Tax Returns
 During tax season, identity theft is mostDuring tax season, identity theft is most
common in fraudulent tax returns.common in fraudulent tax returns.
 In this manner, identity theft occurs through aIn this manner, identity theft occurs through a
stolen social security numberstolen social security number that is filed on a taxthat is filed on a tax
return claiming areturn claiming a fraudulent refundfraudulent refund..
 Protect your personal information upon receivingProtect your personal information upon receiving
tax advice while viewing e-mails or receivingtax advice while viewing e-mails or receiving
telephone calls.telephone calls.
 Give your social security number only when it isGive your social security number only when it is
required.required.

7. What laws are used to prosecute
cases of Identity Theft?
 In California, Penal Code section 530.5, Using
Personal Information of Another, is perhaps
the most common law charged in connection
with Identity Theft.
 It can be charged as a misdemeanor or a felony.
 Punishments include a fine, jail time not
exceeding one year (misdemeanor), or up to 3
years in county jail (felony).

8. What laws are used to prosecute
cases of Identity Theft?
 It is commonly charged in
conjunction with other
charges including grand theft,
credit card fraud, perjury, and
burglary statutes.
 PC 487, Grand Theft
 PC 484f(e), Access Card Fraud
 PC 459, Burglary

9. What should I do if I am a victim
of Identity Theft?
 Be sure to report the crime to your local law
enforcement agency and obtain a copy of the
police report.
 Contact the three major credit reporting
companies.
 Ask them to place a fraud alert on your credit
report and to indicate on your reports…
 "My ID has been used to apply for credit fraudulently.
Contact me at [telephone number] to verify all
applications."

10. What should I do if I am a victim
of Identity Theft?
 Ask the credit bureaus to remove inquiries
generated due to the fraudulent accounts and
to remove the items that are due to the
criminal activity of the identity thief.
 Ask the IRS to issue an Identity Protection PINs
(IP PINs).
 These pins are assigned annually to victims of
identity theft for unresolved cases when filing
their federal tax return.

11. What should I do if I am a victim
of Identity Theft?
 Here’s where to write or call:
 Equifax, P.O. Box 740241, Atlanta, GA 30374, 1-
888-766-0008
 Experian, P.O. Box 2104, Allen, TX 75013, 1-888-
397-3742
 TransUnion, P.O. Box 6790, Fullerton, CA 92834,
1-800-680-7289

12. Protect Yourself from Identity
Theft

13. Protect Yourself from Identity
Theft
 The safest way to protect yourself from being a
victim of identity theft is to shred papers
containing your personal information before
throwing it way in the trash.
 Ask your credit cards to freeze your accounts
when any suspicious activity arises.
 Let your banks know in advance of any new
business or loans.

14. Protect yourself from IdentityProtect yourself from Identity
TheftTheft
 Limit access to your accountsLimit access to your accounts
 Change passwords and logins monthlyChange passwords and logins monthly
 Check your accounts regularlyCheck your accounts regularly
 Monitor your credit reportsMonitor your credit reports

15. Protect yourself from IdentityProtect yourself from Identity
TheftTheft
 Pay for online purchases with a credit cardPay for online purchases with a credit card
rather than a debit cardrather than a debit card
 Be alert for “phishing,”Be alert for “phishing,”
 Never give out personal information over theNever give out personal information over the
phone, emails, and on unsecure websitesphone, emails, and on unsecure websites

16. Protect yourself from IdentityProtect yourself from Identity
TheftTheft
 A thief's effort toA thief's effort to
steal Rep. Jimsteal Rep. Jim
Renacci's identityRenacci's identity
to secure ato secure a
fraudulent IRSfraudulent IRS
refund hasrefund has
prompted Renacciprompted Renacci
to introduceto introduce
legislation tolegislation to
combat identitycombat identity
theft at IRS.theft at IRS.

17. Protect yourself from IdentityProtect yourself from Identity
TheftTheft
 A criminal's effort toA criminal's effort to
impersonate Rep. Jimimpersonate Rep. Jim
Renacci and file aRenacci and file a
bogus tax return in hisbogus tax return in his
name has promptedname has prompted
the Wadsworththe Wadsworth
Republican toRepublican to
introduce Internalintroduce Internal
Revenue ServiceRevenue Service
reforms to thwartreforms to thwart
identity theft.identity theft.

18. Protect yourself from IdentityProtect yourself from Identity
TheftTheft
 The fake return boreThe fake return bore
Renacci's and hisRenacci's and his
wife's actual Socialwife's actual Social
Security numbers andSecurity numbers and
a dummied-up W2a dummied-up W2
form for hisform for his
congressional income.congressional income.
Now, as the IRS investigates, Renacci is focusing on reforms to prevent
future fraud. "Last year, 52,000 Ohioans were victims of identity theft in all
forms," says Renacci.

19. Resources
 https://www.identitytheft.gov/https://www.identitytheft.gov/
 Wall Street Journal,Wall Street Journal, Identity Theft & CreditIdentity Theft & Credit
Card Fraud- How to Protect Yourself.Card Fraud- How to Protect Yourself.
 IRS,IRS, Identity Theft a Major Concern on the IRSIdentity Theft a Major Concern on the IRS
Annual “Dirty Dozen” List of Tax Scams toAnnual “Dirty Dozen” List of Tax Scams to
Avoid.Avoid.

20. CHRISTY HOROWITZ & SANFORD HOROWITZCHRISTY HOROWITZ & SANFORD HOROWITZ
ATTORNEYS AT LAWATTORNEYS AT LAW
HOROWITZ LAWHOROWITZ LAW
1032 SANTA BARBARA STREET1032 SANTA BARBARA STREET
SANTA BANTA BARBARA, CA 93101SANTA BANTA BARBARA, CA 93101
(805) 452-7214(805) 452-7214
CHRIS@HOROWITZFORLAW.COMCHRIS@HOROWITZFORLAW.COM
SANDY@HOROWITZFORLAW.COMSANDY@HOROWITZFORLAW.COM
WWW.HOROWITZFORLAW.COMWWW.HOROWITZFORLAW.COM
Protecting Against Identity Theft