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He who filches your good name
Identity
theft isn"t likely to lighten your purse by much,
but you could spend years rebuilding your reputation.
That"s why it"s the top consumer complaint. Corporate
and political leaders are taking note
by
Aaron Chambers
Illustration by Diana L.C. Nelson
Daniel
Parrilli created his own little business. He even created the customers.
Parrilli
applied for credit cards in fictitious names. Then he set up a sham
company and secured a credit card terminal. He processed transactions
through the terminal using the bogus cards and deposited the sales
credits into bank accounts set up with the aliases. For a while,
he paid minimum balances on the cards to keep them in good standing.
By
the time investigators caught up with Parrilli two years ago, he
had raked in an estimated $600,000. He had purchased property, vehicles
and a boat for himself and his family.
It
never ceases to amaze me the ingenuity of people in how far theyll
go to create schemes, says Victor Demtschenko, a postal inspector
who investigated the case. The effort thats put forth
by some white-collar criminals is amazing. This guy, besides working
a full-time job, was full-time involved in fraud.
Parrilli
was diligent at executing his schemes. In his Carol Stream home,
investigators found files for each of the fictitious identities
he had created, complete with corresponding credit cards
about 250 and copies of credit card applications. He
had backup documentation for everything, which was really nice for
us, Demtschenko says.
Parrilli
had worked as a credit manager for a major department store. When
he left that job, he took some 30 credit reports. He then paired
Social Security numbers from those reports with phony names, creating
the 24 aliases he used to get the credit cards.
One
of his victims complained to the Social Security Administration
that his Social Security number was being used by somebody else.
That led the agencys investigators, and those of the U.S.
Postal Inspection Service, to Parrilli.
We
know of at least one individual whose credit history was so badly
damaged by what [Parrilli] did that he had to get a new Social Security
number and start all over, says Edmond Chang, the assistant
U.S. attorney prosecuting the case.
Next
month, Parrilli is scheduled to appear in federal court for sentencing.
He pleaded guilty to unlawful possession of credit cards with the
intent to defraud, mail fraud and bank fraud and faces up to 45
years in prison and $750,000 in fines. Parrillis attorney,
David Centracchio, didnt return a phone call for comment.
But
Demtschenko offered this limited praise for Parrillis technique,
if not his work: It was primarily identity theft that he did,
and he was damn good at it.
Identity
theft, a type of financial fraud that has garnered great publicity
lately, is real. And its growing. Enterprising criminals have
turned to stealing peoples names and personal identifiers
in an effort to make easy money.
While
the monetary losses incurred by identity theft victims usually are
relatively small, those victims nonetheless must spend time
years, in some cases and dollars to clear their credit ratings.
In some cases, they must fight to clear criminal records created
in their names. As some in the law enforcement community loosely
put it, these victims are often presumed guilty, and its up
to them to repair their reputations.
Using
somebody elses identity to commit fraud is nothing new. But
these days, personal information is more readily available through
such electronic means as the Internet. The technology available
to thieves is more sophisticated, and credit card companies are
more aggressive in their marketing campaigns filling mailboxes
across the country with preapproved plastic that can readily be
stolen.
While
banks and other financial institutions are launching efforts to
educate their employees and the public about the risks of identity
theft, lawmakers in Springfield and Washington, D.C., are crafting
legislation designed to make it more difficult for criminals to
tamper with other peoples identities, and to provide stiffer
penalties when they do.
Theres
good reason. The Federal Trade Commission, which fields complaints
about identity theft, calls it the No. 1 consumer fraud complaint
nationwide. State and federal law enforcement officials say they
are seeing more cases, and that the schemes are growing more elaborate.
For
reasons that arent clear, Chicago ranks No. 2 in the nation
for identity theft complaints per capita. John Mahoney, deputy supervisor
of the governmental and financial crimes unit at the Cook County
states attorneys office, calls identity theft the fastest
growing white-collar crime. Nobody needs to go out and do
a stickup anymore, he says. With the stroke of a pen,
you can steal a hundred times more than in a typical armed robbery.
So
people are in that game.
In
fact, the trade commission reported in January that identity theft
accounted for 42 percent of consumer fraud complaints last year.
Other categories included Internet auctions (10 percent), Internet
services and computer complaints (7 percent) and shop-at-home and
catalog offers (6 percent).
In
Illinois, identity theft comprised 49 percent of consumer fraud
complaints last year, according to the commission. There were 3,784
identity theft complaints in this state, 1,453 of them in Chicago,
61 in Naperville, 46 in Evanston, 46 in Oak Park and 45 in Aurora.
Most
identity theft complaints in this state 1,647 were
related to credit card fraud. The remaining complaints were related
to unauthorized phone or utility services (844 complaints), bank
fraud (469), employment fraud (406), loan fraud (293) and government
documents or benefits fraud (263). The trade commission put 945
complaints in the other category.
Generally
speaking, identity theft isnt a stand-alone crime, says
Robert Gray, a special agent with the U.S. Secret Service and spokesman
for the services Chicago office. Theyre going
to use that crime to springboard into other crimes, whether it be
credit card fraud, access device fraud, bank fraud, what have you.
The
General Accounting Office, Congress investigative arm, is
wrapping up its report on identity theft. Richard Stana, director
for justice issues at the GAO, was researching the report, which
was expected to be published in late February or early March. While
Stana wouldnt discuss his conclusions, he shared some statistics
he had gathered during prior research. Among them: Only Washington,
D.C., beats Chicago in complaints of identity theft per capita.
Chicago is followed by Houston and Los Angeles.
Stana
wouldnt speculate on why these cities made the top of the
list, and key law enforcement officials in this state and in federal
posts were stumped when asked to explain Chicagos ranking.
But a few ventured guesses. Chicago is the nations third-largest
city, but the rating is calculated per capita, so size doesnt
matter. Chicago also has a strong information technology community,
flush with tech-savvy entrepreneurs, so that citys residents
might be prime candidates for identity theft.
Stana
also was willing to offer statistics on the most likely targets
of fraud. About 25 percent of identity theft victims, he says, are
between the ages of 19 and 30, and about 50 percent are ages 31
to 50. Fewer complaints than might be expected come from seniors
and teens. I guess its like the old Bonnie and Clyde
thing. Why do you rob banks? Because thats where the money
is.
Moreover,
Stana says, all indicators show that identity theft is growing.
Its almost the perfect crime of the 21st century because
we live in an information age where your personal identifiers
your name, Social Security number, date of birth, mothers
maiden name are probably more valuable than your wallet or
your purse, he says. They open up the possibility of
a financial crime that exceeds what most people would ever carry
around with them, or even keep in their house.
Still,
he notes that in most identity theft cases the amount of money the
victim loses is relatively nominal. In most instances, either the
financial institution or the merchant makes up the loss. (Of course,
those losses are passed on to consumers in the aggregate.)
VISA,
for example, has a zero liability policy, meaning it and/or the
issuing bank will cover 100 percent of a card holders loss
due to identity theft. Thomas Kelly, a spokesman for Bank One, the
largest issuer of VISA credit cards, says such protections make
identity theft more frustrating than anything else. There
are hurdles you have to work through, but you probably will not
be hurt financially, he says.
Still,
victims of identity theft complain about feeling violated, much
as they would after being mugged.
Its
not so much that they were out thousands of dollars, although there
are a few cases like that, but its just this sense that somebodys
got their name, somebodys using their good name, and thats
a real uneasy feeling, says Stana.
And
theres the headache of trying to repair credit and getting
the state to absolve any criminal record that was created in the
identity theft victims name. According to a report released
in 2000 by the Privacy Rights Clearinghouse and the California Public
Interest Research Group, identity theft victims spend an average
of 175 hours and $808, not including legal fees, in their efforts
to clean up their credit ratings. Fifteen percent of the respondents
said they were under criminal investigation or had warrants for
their arrest as a result of the identity theft.
Some
fraud schemes are relatively straightforward, while others, like
Parrillis credit card scam, are more elaborate. Fast becoming
one of the most common types of identity theft, according to law
enforcement officials, is a practice called skimming.
In a typical case, a restaurant waiter swipes a customers
credit card through a skimmer, a handheld electronic
device about the size of a pager, when he or she processes the customers
check. The skimmer then stores all the identifying information that
is contained on the cards magnetic strip, including name and
account number. (A skimmer can be purchased over the Internet for
$200 to $300.) Later, the names and account numbers are downloaded
to a computer, where they can be copied onto other, generic cards
and used to make purchases. Even without a generic card to hold
the information, the identity thief can use the card holders
information to make purchases over the phone or the Internet.
Law
enforcement officials describe even more complex schemes involving
forged documents, such as death certificates. Such a case could
involve using the identity of a recently deceased person to get
credit or a loan. It can take months for the three major credit
bureaus, Equifax, Experian and Trans Union, to learn of a death.
Some
scams get more outrageous.
In
January, the Illinois attorney generals office indicted four
people in connection with an alleged scheme to defraud mortgage
lenders by buying nine dilapidated properties all but one
on Chicagos South Side. The foursome allegedly secured mortgages
in other peoples names and directed the borrowed funds to
themselves, as property sellers, then tried to run with the money.
The fraud was worth nearly $1 million.
Edward
Carter, assistant bureau chief of the financial crimes unit at the
Illinois attorney generals office, says two of the indictees
worked for a mortgage broker and sent completed loan packages to
the mortgage lenders. He says those packages were filled out with
stolen or bogus names and the purported borrowers personal
information, such as work history.
Whats
happened here is the mortgage lenders first line of defense,
the mortgage broker, has been breached because theres nobody
doing the quality control to ensure that the lender was getting
real people who were credit-worthy, Carter says. So
those packages would get sent over there, the loan would be approved
and there would be a closing set up. And [the indictees] would simply
recruit some people and pay them to show up at the closing as [buyers].
He
says the lenders then would issue checks for the property to the
sellers, the indictees.
Thomas
Fazy, Julie Fazy, Craig Hendricks and Ruben Walden were charged
with conspiracy and theft. Fazy, Fazy and Hendricks also were charged
by the attorney general with forgery. In mid-February, Fazy, Fazy
and Walden were still at large, with warrants pending for their
arrests.
Hendricks
surrendered; his attorney, David Daudell, didnt return a phone
call for comment.
Mahoney,
the Cook County prosecutor, says identity thieves tend to work in
groups, though their efforts dont exactly qualify as organized
crime. That term usually refers to a single individual who
controls criminal operations for a large geographic area. Identity
thieves, he says, work in little guerrilla bands that operate
two, three, four, sometimes 10 together in coordinated activity.
Still,
the law enforcement community has a similar approach to both types
of operations: Target the boss.
Mahoney
says packs of identity thieves tend to operate around a single person
at the center of the conspiracy. In a typical case, he says, the
boss gathers information regarding peoples financial identities
from co-conspirators then uses the co-conspirators to exploit the
information using sham credit cards or checking accounts.
The
co-conspirators are paid for their assistance. And then, if
you can find the person who is making the counterfeit credit cards
and you can find the person who is making the counterfeit checks,
you cut the head off the conspiracy, he says.
Meanwhile,
lawmakers are trying to keep up with the thieves.
State
Sen. Lisa Madigan, a Chicago Democrat and candidate for attorney
general, is sponsoring legislation to prohibit merchants from printing
a credit card holders full account number on receipts. The
aim is to prevent identity thieves from getting their hands on the
information.
Another
measure sponsored by Madigan would permit victims of identity theft
to have credit reporting agencies freeze their credit files. It
also would require the agencies to tag such files with consumer
alerts.
Yet
another bill pending in the Senate is aimed at skimming, the practice
of copying credit cards with a handheld device. Under that measure,
using such a device without the cardholders permission would
become a felony. That proposal is sponsored by Sen. Kirk Dillard,
a Hinsdale Republican, and is backed by the Illinois Retail Merchants
Association.
At
the same time, reports of identity theft have helped fuel an effort
in Congress to standardize identification cards in every state.
U.S. Sen. Dick Durbin, a Springfield Democrat, is working with the
American Association of Motor Vehicle Administrators on legislation
that would make drivers license security features uniform.
Durbin
says there are three key components to his effort: ensuring that
applicants for drivers licenses or other forms of state identification
present adequate proof of identity; requiring all licenses and identification
cards to display certain information, while making them more difficult
to copy or forge; and, ultimately, integrating motor vehicle systems
to prevent someone who has been denied a license in one jurisdiction
from simply going to another.
Still,
Illinois prosecutors say they are comfortable fighting identity
theft with state laws that are already on the books. In fact, one
1999 state law to combat financial fraud through the theft of identifiers
or documents has gone largely unused. Prosecutors say they favor
other state laws, such as one aimed at forgery, in their prosecution
of identity theft crimes. They say the forgery law is sufficiently
broad for their purposes and, unlike the identity theft law, has
been tested and refined in court.
In
interpreting that law, Illinois courts have held that the essence
of forgery is knowingly making a document that is apparently capable
of defrauding another with the intent to defraud. That interpretation
would fit many cases of identity theft knowingly making a
document with the intent to defraud.
All
of these things that are today called identity theft almost could
be charged as theft by deception, forgery, computer fraud, wire
fraud or mail fraud, says Carter of the Illinois attorney
generals office. Those laws are just as effective, if
not more effective, than the new identity theft statute. And one
reason we like the old statutes is theres already case law
so we know what the statutes really mean.
In
addition, prosecutors say a host of other state laws tailored to
fit specific crimes are useful in identity theft cases. The Illinois
Credit Card and Debit Card Act, for example, provides penalties
for using false information to apply for a credit card and for using
another persons credit card without permission.
One
point to keep in mind, though: Using a hodgepodge of statutes to
prosecute identity theft makes tracking instances of the crime,
and painting an accurate picture of it, difficult.
Theres
really no common definition that everybody subscribes to, and because
it often is charged as part of another crime, its tough to
get good statistics and to track incidence and prevalence and cost,
says Stana, of the General Accounting Office.
It
historically hasnt been tracked discretely.
In
addition to law enforcement and legislation, there are other efforts
afoot to curb the rising incidence of identity theft. As the saying
goes, education is the key.
The
Illinois Bankers Association, one organization fighting the crime,
offers a wealth of information on identity theft to its member banks.
In June, the groups annual meeting will feature a lecture
on identity theft by Frank Abagnale, an ex-convict-turned-consultant.
In
his youth, Abagnale traveled the world impersonating people and
writing more than $2.5 million in bogus checks. After five years
in prison, he began work as a consultant for the Federal Bureau
of Investigation a job he still holds. In addition, he has
written two books, one about his life as a crook and the other an
overview on fraud.
Abagnale
says consumers need to look out for themselves when it comes to
identity theft. For starters, he says, they should limit the personal
inform-ation they divulge and carry. Today you have to do
your own research, you have to be a little smarter, you cannot rely
on the government, laws or police to protect you, he says.
As
for legislation, the ex-con would tighten privacy laws so that personal
information is less accessible. Hes not impressed with such
efforts as Durbins to standardize identification cards and
make them harder to forge.
A
system is only as good as the $6-an-hour clerk who is operating
it, Abagnale says. Anyone who believes any system today
is foolproof has failed to take into consideration the creativity
of fools.
Illinois
Issues, March 2002
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