Electronic theft and the law

[Morat20]

Question: My sister-in-law has recently fallen victim to a thief. Repeatedly. It was a guy she knew for a few months, befriended, and then ultimately stopped seeing because he wouldn't take "No" for an answer when he wanted to move past friendship. He became crazy-stalker guy, including eavesdropping on her phone conversations and following her to work (and calling her there, letting her know he was watching her from somewhere close by). It appears that he broke into her apartment at least once -- probably having stolen and duped a key -- and had acquired at least some of her personal information (credit card and account numbers, perhaps some passwords, that sort of thing).

She complained to the police, but they explained that her options were limited until he did more than stalk her -- and she couldn't prove he'd broken in, or that it had been him.

After she changed her phone numbers (and got a new cell phone, under another person's name -- she was getting paranoid), had her locks changed, changed her passwords and the like -- things settled down. Until about a month ago.

About two weeks ago he managed to purchase several hundred dollars in electronic equipment using her checking account (forged an electronic check, it looks like). Stupidly, he had it shipped to his home address under his real name, and the bank's policy is to refund the money to my sister-in-law and treat the incident as a theft from the bank proper (they've filed police reports and have their lawyers and such handling it). It turns out today that he managed to steal another 400 dollars, this time using her ATM card (a debit card) in an online purchase. She's filing a report with the police now, and Visa and the bank will refund her money once she has a case number.

She's in the process of switching to a new account and getting all new cards, however I'm wondering how much damage he can still do. He apparently has access to her personal information (stole account numbers -- probably off a check, stole credit card numbers). He knows her name, undoubtably her SSN, and a host of other information.

Are there any other steps she can take to protect herself?

[Morat20]

Also -- I've been shocked at how slowly the police and the law are moving on this. He's stolen close to a thousand dollars, been reported for harassment and so far....nothing. Hasn't been arrested, hasn't had a visit from the police, hasn't been sued.

What is his liability here? Does anyone have any similiar experience?

Note: According to my wife, they had just transitioned her bank accounts to a new number, which is probably why he used the ATM number. That hadn't been done. Kind of a dumb oversight, but understandable given how pissed off and freaked out she's getting about this.

[HaemishM]

If he has her social security number, there isn't one bit of information he probably cannot finagle out of somewhere. It sounds to me like the police are limp-dicking the whole thing.

[Morat20]

If he has her social security number, there isn't one bit of information he probably cannot finagle out of somewhere. It sounds to me like the police are limp-dicking the whole thing.

They did the stalking part. Fucking suburban cops. However, since the bank is now the sole damaged party on the first theft (the electronic checks he issued against her account), and one of three damaged parties against the second (the ATM card), and there are actual cash damages -- theft as opposed to stalking and harrassment and eavesdropping -- maybe they'll get off their asses and do something.

It's pissing me off.

[CmdrSlack]

If your local cops are anything like the ones in Chicago, it's unlikely they'll do much.  If she gets a restraining order, he can't come near her, but that certainly doesn't change much.

As far as her SSN goes, it is possible to the the SSA to issue a new number, but it's hella tough.  It certainly involves some hoop-jumping and the like. 

You can go to this link for a SSA document about identity theft and social security numbers.  I'd suggest that she give the other methods a shot.  Since she has had these previous problems, I think she would definitely need documentation of the other thefts (the forged e-checks, the ATM purchases, etc.) in order to demonstrate that she thinks he has it.  It may also be good to demonstrate/document the other remedial measures she's taken to avoid this guy (the locks, the phones, etc.).

The problem is that if he never uses it, they may not think it's worth changing. 

The SSA document has lots of great ways to manage the possible theft of her SSN.  She needs to file a police report (which I hope she has done both for the stalking and the presumed theft -- even if she can't prove it, having that report shows she tried).  She needs to contact the fraud departments of the three major credit bureaus.  She can have her account flagged, which SHOULD mean that any new credit has to be veified through her.  She needs to find out how long they will flag her account (each one may be different), and how long she can extend the flagging if needed.

Going forward, especially if she cannot get a new SSN, I suggest that she get a P.O. Box and use it to apply for credit in the future and to receive all of her bills there.  I'd suggest getting one at a post office as opposed to a Mailboxes, Etc. type place.  It is possible to purchase all kinds of info about most people online, and even if she changes her SSN, it may be possible to track her down and harass her further. 

If you have any other questions, shoot me a PM, I just finished up a pamphlet for judges about protecting personal info and privacy that is a result of the Lefkow family murders, so I'm awash in info and whatnot right now.

[Sky]

Find out what bar the guy hangs out at and give a biker $50 worth of crank to bash his teeth in.

I've always found the police to be worthless, at best they can clean up a crime scene, and they tend to fuck that up as well.

Slack's advice is probably better than mine.

[Morat20]

Find out what bar the guy hangs out at and give a biker $50 worth of crank to bash his teeth in.

I've always found the police to be worthless, at best they can clean up a crime scene, and they tend to fuck that up as well.

Slack's advice is probably better than mine.

Don't think it hasn't crossed my mind. He seems the sort that only simple measures would get to. His thefts aren't very sophisticated, and I don't think he's stolen her identity and may not even have her SSN. He's just forging checks -- all you need is a check from her checkbook -- and using her check card as a credit card. He knows where she lives, and he could have copied the numbers, the verification code on the back and knows her zipcode.

I mean, the guy was stupid enough to order shit to his HOUSE. Under his name. With electronically forged checks. It was so long after he stopped bugging her that I'm wondering if he just recently learned how to do it, or found the info again and wanted to some crap and just bought it. I don't think he realizes what sort of legal trouble he might be in, because he's a flaming moron who knew just enough to copy down the info rather than steal the cards or the checks.

[sarius]

What pressure are the police feeling from her?  From any others?

[Righ]

Have her file a report with the FBI - once he used her information on the Internet, it became a Federal crime. She'll need to reference the local police report in the FBI report:

http://www.ic3.gov/

I'm not going to say it will get a speedy resolution, but the Feds will pay closer attention simply because they're better equipped for this sort of crime.

[Cheddar]

Have her file a report with the FBI - once he used her information on the Internet, it became a Federal crime. She'll need to reference the local police report in the FBI report:

http://www.ic3.gov/

I'm not going to say it will get a speedy resolution, but the Feds will pay closer attention simply because they're better equipped for this sort of crime.

Righ is correct.  Feds are taking identity fraud extremely seriously the last few years due to terror implications along with economic reasons. 

[Morat20]

Have her file a report with the FBI - once he used her information on the Internet, it became a Federal crime. She'll need to reference the local police report in the FBI report:

http://www.ic3.gov/

I'm not going to say it will get a speedy resolution, but the Feds will pay closer attention simply because they're better equipped for this sort of crime.

Thanks! That hadn't occured to me. I'll forward that to her as well.

Sarious: Well, his actions got her bank involved and now Visa. I'm going to suggest to her father that he have one of his golfing buddies (a lawyer) write some nasty-grams to the cops.

[sarius]

Have her file a report with the FBI - once he used her information on the Internet, it became a Federal crime. She'll need to reference the local police report in the FBI report:

http://www.ic3.gov/

I'm not going to say it will get a speedy resolution, but the Feds will pay closer attention simply because they're better equipped for this sort of crime.

Thanks! That hadn't occured to me. I'll forward that to her as well.

Sarious: Well, his actions got her bank involved and now Visa. I'm going to suggest to her father that he have one of his golfing buddies (a lawyer) write some nasty-grams to the cops.

I agree.  Any pressure is good.  Out here, I've had to ask old friends still in Federal service to write letters to get local police interested more than once.  Unless it's a murder, or something that will appear in the news tomorrow, they're very slow on the give a shit.  Good luck mate.

[Morat20]

I agree.  Any pressure is good.  Out here, I've had to ask old friends still in Federal service to write letters to get local police interested more than once.  Unless it's a murder, or something that will appear in the news tomorrow, they're very slow on the give a shit.  Good luck mate.

We're lucky he's so damn stupid. Having them shipped under his own name -- for all I know, he may just be trying to get her attention again. I've passed on the information about the FBI, and hopefully by the time I get back from my vacation the local cops will have bestirred themselves. Generally these idjits live to arrest people -- it's the only excitement they get -- but apparently only busting teenagers with weed get their panties wet.

[Righ]

Ugh, I feel so OLD doing this, but I have to defend 'the plod' here, not least because I know a few. Local police outside of metropolitan environments are ineffective against serious crime because its an abberation at a local level, and hence underfunded. Local government wants to crack down on drugs and minor traffic offences because people react hysterically to the problems they encounter most regularly. If people aren't kicking the local government twerps about the occasional murder, rape or grand larceny, then those twerps won't give the cash to the cops to deal with those problems. But they'll buy more patrol cars and fund more traffic police if that's going to win them their next gig. It's part and parcel of the electoral system.

[Strazos]

The best I can suggest is that she pay VERY close attention to her accounts from now on. Also, if possible, burn all mail that she would normally throw out, or at least get a good shredder.

And yeah, since the Internet purchases likely involved stuff crossing state lines, those crimes fall under Federal jurisdiction. If they decide to get involved, they generally will Not be fucking around.

*knock knock*

Who's there?

FBI, open up!

Waaahh!

Cry some more newb.

[shiznitz]

You might be suprised what her local congress(wo)man could do to get the police off their ass. She should call her state representative immediately and if that doesn't work, move to the federal representative. This is what local politicians do if they are worth anything.

[Yegolev]

Find out what bar the guy hangs out at and give a biker $50 worth of crank to bash his teeth in.

Sage words.

[Morat20]

Find out what bar the guy hangs out at and give a biker $50 worth of crank to bash his teeth in.

Sage words.

I've met him. I could do it myself -- which is saying a LOT there -- except I'd be a rather likely suspect. :) In any case, the police are actually moving on this and she's filed a complaint with the FBI and I understand the bank has already filed charges as well.

[Yegolev]

I've met him. I could do it myself -- which is saying a LOT there -- except I'd be a rather likely suspect. :)

Well, that's why you'd want to "hire" someone who would be unlikely to remember the deed or who might have more serious charges to defend against.  But if the cops are working on it, there you go.