identity theft.....

[SVTL Joe Joe]

My ex gf who im still friends with has had her identity stolen, her "friend" took her social security number by ways of a scam saying FIA needed it for a reference check. and now thats shes called FIA they dont even ask for that (which the ex should have known).

Anyways she took the social from her and opened up electric and gas in january both have been shut off and are delinquent; if she didnt randomly have her credit report ran then she would have no idea. but now she cant even get a 500$ limit on a credit card

im just impatient and wondering what the punishment is going to be. it will for sure go in the ex's favor, her dad owns 3 companies and the girl who stole her identity is a dirt ball that works at pizza hut and has a literal crack head for a mom.....i guess the nut doesnt fall far from the tree

i have no idea how this works but i know it isnt taken lightly ill find more out tomorrow if more has been opened up in her name or not.

 

[txyaloo]

Has it been reported to the police?

 

[SVTL Joe Joe]

Has it been reported to the police?

not yet, it has just been reported to theft today and they will be reporting to the correct agency tomorrow.

her dad is also friends with the chief of police in my city so im sure he wanted to ask him a few questions on the best way of going about this

all of this happened only hours ago not much has been done yet

 

[fiveohpoepoe]

Notify equifax, experian and transunion. Report needs to filed where the credit was opened, as in if it wasnt in her city/county, where was it?

If it was $500.00 then there is a small chance there will be prosecution. Yes, she is a victim, but most departments deal with hundreds of thousands $$ worth in cases. She will have to do affidavits stating she did not open these accounts. If the businesses chose in her favor of not holding her responsible, she is no longer "out" or the "victim".

Its a frustrating issue to go through and will be a headache to take care of it all, but she needs to start asap. Our DS,s wont even touch a case unless it is $2k or more.

 

[SVTL Joe Joe]

Notify equifax, experian and transunion. Report needs to filed where the credit was opened, as in if it wasnt in her city/county, where was it?

If it was $500.00 then there is a small chance there will be prosecution. Yes, she is a victim, but most departments deal with hundreds of thousands $$ worth in cases. She will have to do affidavits stating she did not open these accounts. If the businesses chose in her favor of not holding her responsible, she is no longer "out" or the "victim".

Its a frustrating issue to go through and will be a headache to take care of it all, but she needs to start asap. Our DS,s wont even touch a case unless it is $2k or more.

i know only about 300 is currently owed on it, BUT this ran on for a year so really in the thousands worth of bad credit in my girls name.

she already filed a police report and they are going to prosecute this

i dont know if it matters, but its wayne county MI

 

[COBRA90GT]

The utility company's "fraud department" will usually assist the LE agency investigating the complaint. File the paper report with the correct agency ASAP and so that the
ID theft/larceny/fraud report is on file. The ex-g/g can then call the corresponding utility company (DTE, Consumers Energy, SEMCO ?) with a police report number that will be associated with her fictitious utility account.

The utility company's fraud department can supply the necessary information
(ie - statements/records, etc) associated with the fraudulent account opened up by your ex-girfriend's "friend." If the ex-g/f still has all of her statements from the fictitious account opened up in her name, she should take them to the PD when she files the report. The desk officer can make a photocopy of those documents so that they can be attached to the report for the detective bureau.

To properly determine the "punishment," a total dollar amount of "services" stolen will need to be computed. That amount will determine the proper "charge" (ie - higher theft amounts equate to stiffer penalties, see below).


The following statutes will most likely apply:


750.218 - False Pretenses/ID Theft

A 93 day misdemeanor in MI, if less than $200 worth of "services" were stolen.

Michigan Legislature - Section 750.218


750.356 - Larceny

Also a 93 day misdemeanor in MI, if less than $200 of "items/goods/services/etc" were stolen.

Michigan Legislature - Section 750.356


Keep in mind that the actual "punishment" the suspect will receive at court depends on several different factors...could be pled down to as little as probation or perhaps a few weeks in county jail could be the outcome.

Trying to determine who the suspect is in an identity theft case can often be difficult, but the ex-g/f is already ahead of the game since she knows who the suspect (likely) is.

G'luck.

 

[fiveohpoepoe]

Glad to hear it will be prosecuted, unusual but not impossible. Best of luck, seems she is going to get some help

 

[ff500]

I had someone try and use my social to get utulities, luckily for me I had a fraud alert on my credit report and at&t called me to verify, they gave me the name and address of this person, which I called into the Detective in the fraud department, at first he said there was nothing he could do and I kind of gave it to him, basically asking him what his job was then. I filed two police reports one with Boston Police (where I lived) and the other with the Police Dept where the fraud took place, eventually the Detective went to the supposed address and an elderly couple lived there and had no idea about any phone line.They never caught the person , I now have a credit monitoring service and a credit freeze on my file, I also check my report at least twice a month for any changes or inquiries, unfortunately its the World we live in now, this happened about 5 years ago and nothing has happened since.

 

[COBRA90GT]

Doh! I typed out that earlier reply, left the room, came back later, hit "submit" and saw another reply before mine posted to the board.


Good she already filed a report.

Since the total amount of the "theft" is in the thousands of dollars (which bumps it up to a felony), the case could get sent up to circuit court in Wayne County, unless the suspect takes a plea.

The reputation of Wayne County Circuit Court can vary greatly depending on who you ask...so, uh, tell the ex-g/f to keep her fingers crossed?? LOL

 

[SVTL Joe Joe]

Doh! I typed out that earlier reply, left the room, came back later, hit "submit" and saw another reply before mine posted to the board.


Good she already filed a report.

Since the total amount of the "theft" is in the thousands of dollars (which bumps it up to a felony), the case could get sent up to circuit court in Wayne County, unless the suspect takes a plea.

The reputation of Wayne County Circuit Court can vary greatly depending on who you ask...so, uh, tell the ex-g/f to keep her fingers crossed?? LOL

see thats where ya got me lost. does the fine equal to all the services she has received?

basically does the court consider the usage as a total or just what is back owed?



BTW where at in hockey town? taylor tucky here!

 

[COBRA90GT]

see thats where ya got me lost. does the fine equal to all the services she has received?

basically does the court consider the usage as a total or just what is back owed?



BTW where at in hockey town? taylor tucky here!

No, the fine dealt out at court will NOT be equal to the same dollar amount stolen by the suspect. The fine/jail sentence follows a guideline, posted below.


If you read the above posted statutes in their entirety, you will see that
the jail time/fine/etc is directly proportional to the amount of money/goods/services stolen by the suspect. There is a fine also associated with each jail term (can be found in the statutes).


As an example, for ID Theft/False Pretenses, the jail punishment works out to be the following:



$ amount of goods/services stolen VS Punishment


$0 - $200 = 93 day misdemeanor


$200 - $1,000 = 1 year misdemeanor


$1,000 - $10,000 = 5 year felony


$10,000 or higher = 10 year felony



This is why the prosecutor will need the TOTAL AMOUNT services/goods/etc STOLEN in order to appropriately charge the suspect. Keep in mind that there are also other factors that will be taken into consideration (is suspect habitual offender? etc). Those are answers that the prosecutor may be able to provide to your ex-g/f at court...

 

[SVTL Joe Joe]

thanks for the information

but you had me a little confused or i have you confused,

what i was asking was, is the TOTAL $ amount used at the company the basis for prosecutions argument on how much was stolen? or is it just the deficit that is currently owed?

the ex isnt looking for cash, just her credit back