I am a victim of identity theft!

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ojibweindian

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Union Grove, Alabama
Here's the deal. On January 13th, someone went into a bank in another state from the one in which I reside and attempted to fraudulently withdraw money from my one month old checking account. The teller this asswipe tried to fake out confiscated the check and a fake ID.

I was able to obtain the phone number of the bank and the name of the teller through my bank's toll-free Customer Service number. I called the bank and requested any means to be able to identify the perp. I was told that I would have to go through law enforcement to get the desired physical description given by the teller to the bank's security agent. There are surveilance tapes, but was told that I would have to file a report to get those, too.

I contacted the FBI branch here in Huntsville and was told this morning that there had not been a report filed in the town that this occurred. My bank is not going to voluntarily give me copies of the description and photos of the penovore who did this. The agent I spoke with said that there really is not much the FBI can do concerning this.

This morning, I talked to LEA in the town that this occurred and asked them what I need to do to get this information and press charges. I have yet to hear back, and am going to do a follow-up call to check on progress.

The bank, when this occurred, placed a block on my account. Three checks that I had written before knowing of this were returned and now I am faced with $75 in returned check fees.

Anyway, I feel I am getting shafted and I need some advice. What can I do to get the tapes and physical description? What can I do to pressure LEAs to get rolling with this?

Any and all advice from fellow THR's is appreciated.
 
That LEA that you called should be urged to take a report. You are the victim and they are the reporting agency. They should take your information down, go to the bank and get the video tapes from them (before they're erased), as well as the check and ID and a statement from the teller. If possible, they should also talk to other employees or clients who were present at the time. If they really have time, they could check any place with an outside surveillance camera to get their tapes to see if they can ID the car and through that, the driver. Surprised that the LEA didn't do that when you called them.

BTW, glad it was caught by an alert teller and hope it can be put to an end quick. Hate to see that happen to anyone, especially a THR'er and late TFL'er.
 
1. Call all three of the credit reporting agencies and have a flag placed on your credit. This will cause them to call you at your home number (or your cell phone, if you wish) each time someone tries to apply for credit using your information.

NOTE: You won't get called each time you try to use your credit card, or any existing credit accounts, but you will get a call if you attempt to open a new account. Also, if you apply for a new account, you might want to tell the people that you've been the victim of identity theft and that your account is flagged ... otherwise they might think they have a live one. ;)

2. Get a copy of your credit history ASAP. Scan it for fraudulent accounts. Repeat every few months for, well, for a long time.

3. Cancel that account and get a new one.

4. Here's the funny part. Unless your state has some identity theft law (most do not), you are not going to be the victim. Yes, reread that last sentance. You are not out any money (save the returned check fees, which you should speak to your bank about, see if they can't show you a little love, since ultimately you were trying to save them money and trouble), and even if the perp had withdrawn the money, all you would do is sign an affidavit stating that it was a case of fraud and one of the banks would assume the loss (most likely the bank where the withdraw was made), hence becoming the victim, and in a position to file police reports and assist in prosecution.

YMMV in different states with different laws, but thats the way it is around here. Once people file a fraud report and sign the bank's affidavit, they usually never hear about the case again. The bank's fraud investigators and the local PD take it from there.

5. Call up the local LEA and see if you can do some manner of report over the phone. Even a 'miscellaneous incident' type of report (a catch-all category around here) will at least give you some sort of paperwork documenting the event.

Mike
 
Thanks guys!

Called my bank to see if they would "show the love"; they don't love me that much. :uhoh:

So today, the account is killed. I will leave just enough in there to cover what's floating out there; $20 should do it.

This Friday, I'll be opening a new account at a local credit union.

Made a follow-up call to the LEA in the other state. Not really sure what is going on there, but the receptionist told me that all the investigators are currently at lunch and will return around noon CST.

All in all, a great Navy day.
 
So you're out $75?

No way in hell would I accept that. You had the funds, they are the ones who stopped payment. All fees refunded to you and three letters of explantion sent to the payees are what I'd be asking for at the minimum, or contact the state bank examiner and Atty. Gen.

This isn't AmSouth is it?
 
The bank, when this occurred, placed a block on my account. Three checks that I had written before knowing of this were returned and now I am faced with $75 in returned check fees.
I spent several years in banking while in college (actually 5 years in banking) and this doesn't sound right and if it is exactly how it happened you need to raise some serious noise. They aren't treating you right (like you really needed to be told that).

When something like this would happen every bank I worked for or knew about would indeed freeze an account, but only after notifying the customer and finding out what if any checks he/she actually wrote so as not to bounce checks.

With this situation you are now open to all kinds of problems. At minimum I'd demand a letter of explaination for every check returned. When a check is returned unpaid there is always an explaination as to why: "insufficient funds", "closed account" or "fraudulent activity". Your creditors, landlord, retailers and whoever else you wrote checks to got the explaination "fraudulent activity" and have no idea if it is against you or by you!:what: Now there is a real chance that your checks are blacklisted by those who received them (I know of many businesses, esp. landlords, who will never take anything but a cashier's check from anyone who bounced a check). Worse, all these people do have a right to the money you owe and they don't really know why your check was returned- they can (and some do quite quickly) start collections proceedings against you. In addition, not only do you have your bank's returned check charge but some of these businesses may well charge you as well (which is only fair since depositing a check which is returned costs them a returned check charge as well- both the check writer and the depositor get charged).

If you did not approve the freeze of your account I would at minimum demand both a letter of explaination to each of the payees of the returned checks and a refund of the fees. Any bank branch manager (and at some banks the asst mnger and even sometimes lower level "platform" personnel) will have the authority to waive fees (even when the fee is justified) so I would certainly not buy any BS that they can't refund a fee for bouncing checks when they didn't even do the minimum of checking with you to see what checks you wanted paid.

Also, as others have said you must get a copy of your credit report ASAP to be sure they haven't opened anything in your name. If they did you must immediately get in touch with the creditor and let them know that you did not open the account and that it was opened fraudulently and even if there isn't anything open I'd put the note in your reports from all three major reporting agencies that you are the victim of identity theft so that if someone does try to open anything in your name you will have some protection.
 
Here's the latest update. Amsouth has agreed to waive any and all fees related to the attempted fraud. Of the three businesses that I had written those checks that were stopped by the bank, two were very understanding and did not assess any fees. The third, however essentially told me "tough mammaries".

In the morning, I will be talking to the LEA in the town and state where this occurred. The investigator has graciously agreed to take my complaint over the phone. I also have killed the account, and have requested credit reports from all three credit bureaus.

I suspect that my ex-wife and her boyfriend are behind this. My ex works for the same bank with which I had my account. I was told by an Amsouth branch manager that it would be very easy for my ex to print out a forged check with my information. Her and her boyfriend frequent the area that the attempted forgery and whatnot took place; Tunica, MS. And on the date that this happened, my ex was out of town on "business" and I had my kids till the next morning.

Anyway, I should, in a short period of time, be able to view the information from the description and video surveilance cameras. I will then know for sure if the ex and her boy friend are involved.
 
In the course of dealing with the issue of some checks stolen from my mother-in-law and forged, my wife was told by an officer of Wells Fargo that hot checks cost that one banking chain over $7 million a year--just in California. Wonder why bank fees keep going up? And this was six or eight years back, during the boom times when money was easy. Now?

Art
 
If it's the ex and her boyfriend, they'll have a new experience in bonding. It's called "jail" by most of us. :D
 
Hey, if it IS the exwife and the boyfriend, make sure you do put that flag on your credit, not just get the reports. Your ex will have enough personal information about you to make obtaining credit in your name will be an absolute snap. I would also kill EVERY OTHER ACCOUNT that you have which is known to her, and open new ones.

Mike
 
Think positively.

If the Ex goes to jail, then you get custody of your kids. :D
 
CZ-75

Funny you should bring that up. Something like that is going on, independent of this issue. My daughter has been talking to a therapist lately and has been telling this person things that my ex does not want known.

Right now, the therapist is "suggesting" to my ex that she allow my daughter to come stay with me a few weeks out of the month due to my daughter's fear of my ex's live-in boy friend. We'll see how that goes.

As far as the the bank thing is concerned, Linda and I have killed all of our accounts and will be opening new ones at a different bank.

Southaven, MS police have been very helpfull and have taken my complaint over the phone. The investigator said that he will keep me posted on any new developments. A good guy.
 
I hope you get this mess sorted out soon since it sounds like you need the money to get your daughter from the clutches of the Ex.

I hope that this scumbag isn't trying to "come on" to her or otherwise sexually abuse her. Shame on your Ex for risking her child. How old is your daughter (I'm hoping she's into her teens, so she's less vulnerable and her opinions on custody are more relevant to the court)?

I can only hope your Ex played into your hand and she and her boyfriend can be charged with something, making custody an easier proposition.

On a more personal note, how did you hook up with this "lady"? She sounds like a winner, engaging in fraud and putting her child at risk. I'm hoping you'll say you were young, drunk, on shore leave, or some combination thereof. Not to criticize past bad judgement (well, sorta, since it affects your daughter).
 
CZ-75

From what katie-bug is telling me as of now, there is no sexual abuse occuring. Up until recently, she had been beaten like a red-headed step child. The ex's boyfriend drinks a pretty close to a case a day. There's a little more to it than what I mentioned, but it's enough to seriously piss me off.

Can't go through the state; been there, done that. They pretty much hate fathers. I've experienced that personally. My daughter's counselor affirms my observation.

As to how I hooked up with her? It was many years ago, and I was pretty damned naive.
 
Perhaps I was being a little self-righteous before.

It's only that I can't stand parents (your ex-wife, in this case) who stand by because they don't want to run off the new SO.

I've know a situation where a girl turned in mom's BF b/c she didn't want him to abuse her younger sister (sexually), even though he did it to her for years. Her mother GOT MAD at her!!! ***!?!?!

Perhaps I know that were I in your shoes I'd be chomping at the bit to get my kid out of there.

Have you thought about having your daughter counseled a few times by a court shrink to confirm what has been told to her current counselor to build up a dossier on your Ex and current BFs behaviors for custody purposes (I know that this means shaking the money tree, hard)? I'd find it hard that the court wouldn't look at this evidence, perhaps appoint a guardian for her (= third party testimony at your custody hearing).

Good luck.
 
CZ-75

I am chomping at the bit to get both my daughter and son out of there. It's a very difficult thing to do here, even with joint custody.

I am taking her to a private psychologist instead of a state appointed one. The state uses DHR shrinks for all of its family court disputes, and let me tell ya, DHR is no friend to fathers. During the divorce a few years back, I had reported several instances of disturbing behavior by my ex and her BF that was substantiated by several neighbors. DHR flat out told me, seriously, that they are in business to:

A. make sure that children, whenever possible, are placed with their mothers because mothers are more "nurturing" that fathers.

B. Make sure that fathers pay child support and fully prosecute those that don't.

DHR, and subsequently the state', opinion of the behavior was that yes, she screwed up, but she deserved another chance.

The only way I could make a serious court challenge to get the kids is if my ex or her BF almost literally beat my kids to within an inch of their lives. Of course, if this check thing plays out and she and her ex are involved, then I would get the kids by default because it's damn hard to raise kids in a state penitentiary.

I do have a "dossier" documenting what's been happening. I took my daughter to a psychiatrist last summer, until the ex began to strongly protest. I took her to a psychologist a week ago because of things katie-bug has been telling me. These visits will continue as long as possible, and eventually, someday, the information katie-bug gives will help. But it will be a long time before anything will really start rolling.

A little advice to dads in Alabama: If you suspect that your wife is about to divorce you, pick up the kids and run like hell to get out of the state! Once those papers are served and you try to flee with your kids, it is considered kidnapping.

Do NOT trust the judges and the state to rule in your favor, regardless of what the estranged wife is doing. Trust me on this. My kids, especially my daughter, are really suffering emotionally because I trusted the judicial system in this state.
 
Taken from an LEO Website:
*************************

Introduction to Identity Theft

Identity theft is one of the fastest growing crimes in the United States. This is because the risk of apprehension is low while the potential profit is great. In order to prosecute these offenses investigators need the evidence of the crime – original credit card receipts, checks, credit applications, etc. – and often it is difficult to obtain these items. Furthering the difficulty is the fact that many identity theft incidents are done entirely over the phone.

Many people do not know exactly what identity theft is; identity theft is when someone obtains, uses, or possesses the personal identifying information (which includes name, social security number, date of birth, credit card/account numbers, and a whole laundry list of other information that is spelled out in Ohio Revised Code Section 2913.49 (A)) of another (whether living or dead, but it must be a real person) in order to fraudulently obtain credit, property, or services or to avoid the payment of a debt or other legal obligation. This criminal charge is a misdemeanor unless the amount of the loss exceeds $500; this charge is usually a companion charge to other crimes such as forgery and theft.

One of the more commonly seen forms of identity theft is credit card fraud. In this situation someone uses another person’s credit card number (not the card itself) to make purchases. Other ways a person may have their identity compromised are when people gain utilities, cellular phones, credit cards and loans with another’s personal identifying information. People also “counterfeit†checks with an individual’s checking account number and then write checks against their actual account. Along these same lines people can open a checking account with another’s information and then write checks against the fraudulent account.

The logical question at this point is “How did someone obtain my personal information?†Here are some of the more common methods of obtaining your information:

Theft of wallets/purses – most people keep their driver’s license in these items and the license contains most of your personal information on it. People can use this information to open accounts and order credit cards.
Theft of mail – people can steal checks that have been made out to pay bills to gain the account number off of the check. Bank statements and other documents with sensitive information can also be taken.
Employees with access to personal information – there are people that buy personal information from others that have access to it.
Trash – many people simply throw away their cancelled checks, account statements, and credit card applications. ‘Dumpster divers’ can recover these from the garbage.
Change of address forms – by filling out a change of address form a person’s mail can be re-routed to another address where the information contained in it can be used.
Internet – it is possible to have your information accessed via the Internet when using a credit card number on a non-secured site.
What to do if you Become a Victim of Identity Theft

The first thing that you should do is report the fraud to the three major credit bureaus (Trans Union, Equifax, and Experian). Request that they ‘flag’ your account so that creditors cannot grant credit to your file unless you directly authorize it. It is also important to get a copy of your credit report from each of the three credit bureaus to check for other possible fraud. Make sure to check all three of them because each may have different information from the others. The phone numbers to do this are included at the bottom of this page.
Next, you should file a police report with the police agency that has jurisdiction where the crime occurred. If you are unable to file a report with the agency having jurisdiction contact your local police agency for a report. Even though your local agency may not be able to investigate the offense, at least a report will be on file documenting the identity theft. Make sure that you obtain a copy of the report.
You will need to contact all of the creditors that are involved with the incident to notify them of the crime. The creditors will probably need copies of your police report.
File a report with the Federal Trade Commission (FTC). The FTC maintains a huge database of identity theft information. They also produce a comprehensive identity theft booklet. Their contact information is also listed at the bottom of this page.
Who to Contact For . . .

Stolen checks/credit cards – notify your bank/card issuer immediately to report the theft. It may be necessary to get new account numbers assigned. If your account number itself has been used contact your credit card issuer to advise them of the fraudulent charge(s). The issuer will then advise you of how to go about getting the charges removed from your account.

Utility fraud – if someone has obtained utilities (e.g., gas, electric, phone) with your information contact the utility that opened the account and notify their fraud department. If the utility is unwilling to assist you then notify the Public Utilities Commission for the state that is involved.

Cellular telephone/telecommunication fraud – most cellular companies have fraud departments that can assist you. Another alternative would be to contact the Federal Communication Commission (FCC) for assistance by phone at 1-888-CALL-FCC, or via their website at www.fcc.gov/ccb/enforce/complaints.html.

Unauthorized changes of address/stolen mail – contact your local United States Postal Inspector to report the incident.

Illegal use of a driver’s license – contact your state’s Bureau of Motor Vehicles to determine if someone has obtained a driver’s license using your name and/or personal information.

Social Security Number fraud – if you believe that someone is using your social security number to gain employment, contact the Social Security Administration (SSA) at 1-800-269-0271.

Income tax fraud – if you believe that someone is using your social security number to file a tax return, contact the Internal Revenue Service (IRS) at 1-800-829-0433.

To stop getting pre-approved credit applications – call 1-800-5-OPTOUT to remove your name from the list that generates these applications.

Identity Theft Prevention and Damage Control

There are several things that you can do to both prevent becoming a victim of identity theft and minimize the damage caused by identity theft. Some of the tips are:

Check your credit with the three credit bureaus yearly (twice a year is even better). Look for accounts that are not yours as well as addresses listed that do not belong to you. If you do notice an address that is not yours contact the U.S. Postal Inspectors.
Do not give out your personal information over the phone to people that call you in an effort to sell you something. If they are reputable they will be willing to mail you an application; you can then determine if it is legitimate by contacting the Better Business Bureau or some similar organization.
Never give out your personal information to anyone while on a cellular phone. This is because the transmission is not secure and others can monitor your calls.
Check all of your monthly account statements for unauthorized charges. It is also a good idea to make sure that, in addition to balancing your checkbook every month, you periodically call and verify your balance.
Deposit outgoing mail in a U.S. Mail receptacle – not your mailbox (with the flag up, advising people that there is mail in the box). If you go on vacation stop your mail with the post office. Do not leave mail in your mailbox for any extended period of time.
Destroy all pre-approved credit applications as well as cancelled checks and bank statements that are no longer needed.
Retain all carbons/copies of charge slips so that they can be properly destroyed.
Be cautious as to where you store personal information in your home – especially if you share the residence with other people.
Never have your social security number printed on your checks. Do not allow merchants to write your social security number on your checks either.
Resources

Federal Trade Commission
Consumer Response Center/FTC
600 Pennsylvania Ave., N.W.
Washington, D.C. 20580
1-877-438-4338
(1-877-ID-THEFT)
www.consumer.gov/idtheft

Equifax
P.O. Box 674402
Houston, TX 77267-4402
To order a copy of your credit report – 1-800-685-1111
To report fraud – 1-800-525-6285

Experian
P.O. Box 2104
Allen, TX 75013
To order a copy of your credit report and/or report fraud – 1-888-397-3742

Trans Union
760 Sproul Road
P.O. Box 390
Springfield, PA 19064-0390
To order a copy of your credit report – 1-800-916-8800
To report fraud – 1-800-680-7289
 
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