Is It Fraud or Identity Theft?

Victims of identity theft often believe that they are victims of fraud.  Although, identity theft falls under the category of fraud, there is a fine distinction between the two.  In most states, victims of identity theft have the right to file a police report for identity theft and receive a copy of the incident report.  However, victims often find themselves going home empty handed, having not been able to file a police report and receive cooperation from the agency.  More than often, these victims relay to law enforcement that they are victims of fraud.  The problem is that by using the term ‘fraud,’ it entails the conduction of a thorough investigation – basically an obligation on behalf of law enforcement to investigate the crime.  It means the collection of tangible evidence, and the knowledge to prove that the ‘accused’ committed the crime.  Several conditions must be met, as fraud laws may change from jurisdiction to jurisdiction.  Thus, fraud is a crime that is not easily proven, and therefore, may hinder the victim’s ability to clear their names and identities.

Like identity theft, fraud is committed for personal gain.  However, identity theft is committed when someone’s personal identifying information is used for personal gain – financial, employment, evading law enforcement, and/or receiving medical services.  In the area of identity theft, if a person reasonably suspects or believes that their personal identifying information has unlawfully been used by another person, they have the right to file a police report and receive a copy of such report.  They may file incident reports with their local law enforcement agencies; however, potential investigations would be conducted by the law enforcement agency that has jurisdiction over the area where the crime was committed.  Victims of identity theft can purport law enforcement agencies with copies of their credit reports to show the number of fraudulent accounts that were opened using their identities; other reports like earnings statement reports, driving records, background check reports, etc. may help the victims show abuse when the problem is not financial. 

It is important for victims of identity theft to understand that unfortunately, clearing their names is something they will have to undertake on their own.  Their primary concern should be to clear their records and identities, not have the perpetrator arrested.  Often times, the problem is that these types of crimes leave no real traces behind – as for identity theft, the perpetrator may use the victim’s same information.  Unless there are tangible facts and evidence, victims should redirect their efforts to clearing their identities, and protecting themselves from further abuse.

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