A few news stories have been circulating about the looming identity theft threat to couples who have decided to tie the knot. Thieves prey on our deepest and strongest emotions, and two people madly in love and about to take the plunge are certainly full of emotions and stress. Stress makes us more apt to decide quickly, without thinking the situation through. The sense of relief we feel may encourage us to accept an offer that seems “too good to be true” when we might otherwise hesitate. Our families and friends may also be targeted, for much the same reasons. Think like a thief- on average weddings cost over $20,000 and guest gifts range between $50-150 each. That places a rather large bulls-eye on anyone involved. Here is just a small list of the kinds of scams that are lurking out there:

• Fake vendors- these are identity thieves or card frauders. They are online, at bridal shows, and call individuals out of the blue. You may be even approaching them for a genuine service advertised in the classifieds or a bridal magazine, or it may be a “sweepstakes”. As part of the “contract” or “application” you answer personal questions in great detail or provide a credit card number that is later used to defraud you.

• Fraud vendors- this category is not technically identity theft, but still leaves you stung. Often you are promised a “free” sample and hand over your credit card for shipping and handling, and then find yourself with outrageous charges. Vendors take a deposit for renting you an item as pictured on their site, and when the big day comes, nothing arrives or what arrives bears little resemblance to the model. Sweepstakes and Giveaways should be especially scrutinized if you get a call and you “won” – there may be strings attached.

• Crooks- these people take advantage of the fact you share so much about your event. They may rob your house while you’re exchanging rings, or wait until you’re away on honeymoon. While everyone at the reception is distracted, they snatch purses or sneak into hotel rooms. Honeymooners are easily targeted by pickpockets, camera snatchers, and hustlers.

• Disappearing act- this can be anything from a deposit you paid disappearing from the books to a company suddenly going bankrupt. Bankruptcies are up 47% from last year, so this is a big concern. While insurance can help protect you, it is important to purchase coverage carefully.

• Malware – There are tons of “free” applications out there to help out couples. Cost calculators, dress design software, websites, countdown clocks, reminders, calendars, the list goes on… Then there are the flash animations and videos of weddings, decorations, crafts, flowers and more. However, some of these may contain harmful code that could harvest your information and place you at risk for identity theft and fraud.

• Robocalls and junk mail – While shopping around online or in person, you’re often asked to leave your contact information. This can result in an increase in junk mail offers and robocalls. Some of these are likely phishing attempts, and are cleverly disguised. Another risk with increased junk mail is the possibility of mail theft going unnoticed for a longer period of time. Pre-approved credit card offers may inflate your mailbox, also increasing your risk of fraud.

• “In distress” scam- this is commonly used while a couple is on honeymoon, but can strike at any time. Fraudsters may call, email, or take over your email or social networking accounts to contact your friends and family claiming to need emergency money. Excuses range from medical emergencies, to being kidnapped. Often they have “been robbed” and need the money to get home. The rest is ALWAYS to wire money or send Western Union.

• YOU – of all the threats, YOU might be your own worst enemy. Many couples have wedding announcements; send emails, e-vites, wedding websites, social networking pages, online gift registries with their personal information, personal details, family details, and wedding, reception and honeymoon specifics available to the public at large. Brides and grooms alike tend to become excited and may share greater detail about themselves, their partners and the event with coworkers and friends… and florists, photographers, DJs (or anyone else who will listen).

With a few minor changes and some awareness, you can still have all the bells and whistles to your big day while keeping your friends, family and your identity safe.

• Assume the numbers and addresses you are using to contact vendors, get quotes, order catalogs are going to be stolen, traded and sold over and over. Set up a PO Box and a separate number to use for your contact information.

• Contact the Better Business Bureau in your area about any vendor, sweepstakes, or service you are going to fork over a large amount of money to, or that you are unfamiliar with. Do this before you provide them any personal or contact information.

• Always assume that calls you receive are compromised and never reveal any personal information. You may trust calls you initiate to a trusted business more, but still exercise caution.

• Read ALL fine print carefully. TWICE.

• Keep all receipts; require everything in writing and document, document, document. Go over all your credit card and bank statements monthly and notify your financial institution right away if you notice any unusual activity.

• Quarantine. Don’t use the same passwords or email account for your social networking sites, registry, and wedding webpage. You should never attach your “trusted” email account you have been using to communicate with your friends and family to another site. A compromise of a social networking site can easily lead to an email compromise, and makes it easier for fraudsters to contact your entire address book for money. If your quarantined email is hacked and messages sent to all your friends, they should be more cautious since it is a different email than they are used to communicating with you. This will buy you enough time that you can then use your “trusted” email account to notify them all of the fraud (or better yet- call them!).

• Never send money Western Union- this is one of the few ways you can send money and never get it back. Provide contact information to their nearest consulate if you are met with this scam online.

• Limit access to personal information- If you are going to list the details of your big day and honeymoon, look for websites that allow you to create a wedding website for friends only, or that is password protected so you can control who has access.

• Be careful of accidentally revealing personal information like your mother’s maiden name (which may be derived from guest lists or online friend list on social networking sites) and your date or place of birth. Also, you will be asked a lot of questions so people can “get to know you” before your big day- make sure none of these questions and answers correspond to the security questions of any account you have. Go through each online account and determine what questions are asked if you click “I forgot my password”. You may wish to change those answers.

• Find gift registries that allow you to control privacy, and insist on revealing as little about yourself as possible. Gift registries often offer a disturbing amount of detail about you, and often are generally open to the public.

Check your credit reports regularly with www.annualcreditreport.com or by calling 1-877-322-8228.  If you do experiance fraud or a scam, report it to your Better Business Bureau and the FTC and place fraud alerts with the major credit bureaus.

ORAL TESTIMONY

OF

CATHERINE A. ALLEN

CHAIRMAN AND CEO, THE SANTA FE GROUP

BEFORE THE

UNITED STATES CONGRESS

committee on oversight and government reform

Subcommittee on information policy,
census and national archives

us house of representatives

HEARING ON

IDENTITY THEFT: A VICTIMS BILL OF RIGHTS

JUNE 17, 2009

Oral Testimony of Catherine A. Allen

Chairman and CEO, The Santa Fe Group

June 17, 2009

Introduction

Chairman Clay, Ranking Member McHenry, and members of the Subcommittee, thank you for your leadership in highlighting the issue of victims of identity crime and the often long and lonely road they walk toward restoration.

I have spent most of my career in the financial services industry, most recently as founding CEO of BITS a CEO-driven nonprofit financial services industry consortium and think tank, focused on fraud prevention, cybersecurity, and payments. I grew up in a small Missouri town where my family was in banking.

Today I am involved in efforts to examine the way the financial services industry is regulated and the impact of policy on consumers. In this area of identity theft, I believe we are just at the tip of the iceberg because of growing cybersecurity threats. We think a Victims’ Bill of Rights is necessary because the victims’ voice is seldom heard.

This testimony reflects the work of The Santa Fe Group Vendor Council, which was formed in 2006 to bring together thought leaders at service provider organizations to respond to the needs of industry and its customers. The Vendor Council promotes the development of secure, best-in-class technology solutions, standards, and business processes, as well as industry best practices related to fraud, payments, cybersecurity, data protection, and identity crime.

Last fall, the Vendor Council formed an Identity Management Working Group to develop an inventory of best practices for assisting victims of identity crime and suggesting improvements in law and corporate practice to make it easier for victims to dispute false records and reclaim their identity. From this work we have developed a framework that we refer to as an Identity Theft Bill of Rights. While my written testimony contains additional, helpful background material, I will focus my oral remarks on this framework.

An Identity Crime Victims Bill of Rights

Identity crime victims deserve the same rights as other crime victims. Identity crimes can have physical, emotional, and financial impacts comparable to other crimes. While much is being done in the private and public sectors to help victims, we still lack adequate provisions for restoration, reparation, or even prosecution. Today, most identity crimes will be treated as misdemeanors or very low-level felonies, and the majority of prosecutions will be civil as opposed to criminal actions for both individuals and organized crime thefts. We need better coordination, awareness of the victim experience, and concrete steps for correcting identity records.

For the benefit of individuals, business, and society, I propose the following rights for identity crime victims:

· The right to assessment

· The right to restoration

· The right to freedom from harassment

· The right to potential prosecution of the offender(s)

· The right to restitution

Right to Assessment

Consumers who suspect they have become a victim of identity crime should have the right to assess the nature and extent of damage to their identity. FACTA already grants many of these rights, but consumers face procedural Catch-22s. Businesses and government agencies should be required to provide notice to consumers when they suffer a data breach involving loss of sensitive personal information. The present patchwork of state laws and government policy needs to be replaced with a uniform federal statute spelling out notification requirements. Clear guidelines would help businesses contain costs and limit legal liability through compliance and enhance consumer protection.

Right to Restoration

Ideally, victims should be able to restore their identities to their pre-theft state. However this is not always possible because of the complexity of the crime, especially in cases of financial identity theft. Whether or not they can fully recover, it is imperative that victims be able to establish correct records. Relevant privacy laws need to be reviewed and amended, giving victims the power to access and correct their own record in cases of identity crime.

Right to Freedom from Harassment

Identity crime victims should be protected from harassment by collection agencies and others during and after the identity restoration process. Harassment often continues unabated because business and law enforcement have no way to distinguish victims from debtors and thieves. To combat this some states are issuing identity theft “passports” to verify that the carrier has been a victim of identity theft and help the person prove his or her identity. How effective these documents are remains to be seen, but a system that actually verifies victims is needed

Right to Potential Prosecution of Offenders

One of the great frustrations to identity crime victims is the lack of business and law enforcement resources to prosecute identity thieves. Of course, law enforcement needs to balance priorities and budgets, and business must weigh the costs and benefits of prosecution. However, these organizations need to also take the long view on the impact of identity crimes:

· First, identity crime continues precisely because it pays. Second, the FBI and Secret Service have found that where there is one victim, there are more. So instead of writing off the costs of an individual case, organizations should consider that for every instance of identity crime, there may be many others as yet undiscovered or yet to be committed by the same crime ring or individual.

· Third, not all the costs of identity crime are immediately visible or measurable.

Right to Restitution

Identity crime victims can spend hundreds of dollars and dozens of hours, and can experience untold misery during the process of restoration. They deserve restitution, the same as victims of other crimes, yet a study by the Center for Identity Management and Information Protection shows that defendants were ordered to pay restitution in only about a third of the cases studied. Restitution will help make victims whole, sends a message that identity crime is real crime, and helps ensure that when perpetrators are caught, identity crime does not pay.

Recommendations for Protecting Victims’ Rights

In summary, my testimony today advocates for the following legislative actions to help victims:

· Enact a uniform scheme across industry and government to assist identity theft victims that includes the Identity Theft Victims’ Bill of Rights

· Create a national standard of identification — one that cannot be forged by identity thieves — that victims can use to distinguish themselves from thieves and identify themselves to businesses, law enforcement and others.

· Expand the definition of “compensable crime” under federal and state law to include identity crime.

Additionally, there are some steps that could be taken right now to strengthen victims’ rights and help stem the tide of identity theft:

1. Invest in independent research on the effects of identity crime. To make fully informed decisions, we need a thorough understanding of the costs of identity crime. There are too many unanswered questions about what’s happening in policy, industry, and law enforcement. Public funding should be made available. We need to get beyond the anecdotes to understand the connection between data breaches and identity theft.

2. Create standard dispute procedures in industry and law enforcement. Upon resolution, victims would receive standardized, verifiable letters proving that issues had been resolved.

3. Empower the FTC to oversee victims’ rights. The FTC should be charged with oversight of proposed policies for cohesion across national laws for effectiveness, and to anticipate and prevent unexpected consequences. This should include ensuring that law enforcement is investigating identity crime cases consistently and effectively.

4. Include identity theft victims’ rights in any dialogue about a Consumer Financial Protection Agency. If a proposed agency focused on financial products and services emerges, financial identity theft policies and education might be considered under its jurisdiction and should be included in the dialogue.

Conclusion

Thank you for this opportunity to present on the plight of victims and the Victims Bill of Rights, and thank you, again, for your leadership. I would be happy to answer any questions.

Today, I read a survey by CareerBuilder detailing the new statistics regarding employees and vacation time. A quick run down:

• 35% of workers are not taking a vacation this year
• 71% of those say they can’t afford it
• One in five workers said they are either afraid of losing their jobs if they go on vacation or feel guilty being away from the office
• Half (50%) of employers say they expect employees to check in with the office while they are away

Several blogs and articles have discussed the increasing reluctance of employees to take vacation time, even if it is mandatory. While reading these articles, I can’t help but notice a lack of discussion about the security implications of this.

Internal investigators will tell you that a employee refusing to take vacation time, or refusing to take a large amount of time at once can be a red flag. Why? An employee committing embezzlement, fraud, stealing data or otherwise manipulating books or records needs to have continuous control over those systems to maintain the theft and avoid being caught.

In fact, many aspects of what we consider to be “model” employee behavior can actually be a red flag:

• Volunteers often for new projects and duties; particularly in security, finance, or record keeping duties. Often these duties, like processing receipts for reimbursement, are the least desirable duties. After a few volunteer projects, a manager might find that least privilege and separation of duties policies may be being circumvented.
• Early in, late out. First in and last out employees have access to files, computers and offices with little or no security or monitoring measures. The employee offering to make coffee in the morning maybe up to something more than making sure the office is perky.
• Constantly remaining in touch while on vacation, doing work while on vacation, and working overtime before and after vacation. These may all be attempts at communicating with someone in collusion with the fraud, or at maintaining control over the work product. If your employee insists that he or she completes all work before going on vacation instead of handing over the materials to another employee, this could be cause for concern.

You can see that many people would exhibit this behavior normally during a time of economic crisis when they are particularly concerned about job security. This is why it is important to have a good vacation policy, regular internal audits and reviews, and strict separation of duties and least privilege policies. Managers and executives can set a good example by taking their vacation time in large chunks, and remaining truly on vacation. Encourage employee work-life balance and well being, and insist that they really “leave the office behind” while on holiday. Not only will you have happier and more productive workers, but you can avoid a simple security pitfall in the process.

I would like to say a special thanks to Mark Warner, who spoke on these issues at the Oregon Chapter of the Association of Certified Fraud Examiners lunch meeting in Portland, OR March 2009.

Recently, I was contacted by one of our members regarding some frightening email he received. We all have received spam and phishing attempts in our inboxes, but this message is much more sinister. This scam comes in the form of a death threat, resembling an assassination notification.

This email scam has touched many people, including Florida State Rep. Rob Schenck. You can find the article about it here. Schenck’s commented; “When you read something that disturbing, for a moment you do get concerned. No matter whether it’s fake or not, if someone talks about killing your family, it’s unsettling.”

The message warns of certain death unless the reader sends in large sums of money. The email also states that contacting anyone, including the authorities, will extend the death contract to your family. Some versions of the message even indicate that they will provide you proof of the person who hired the assassin to kill you once you provide them with the money.

This is just scam, if a very frightening one. The sheriff’s office reminds people that “you have to be a willing victim to fall victim… this is just a new scare tactic to get money out of people.” Authorities recommend that you do not click any links or respond to the message, and simply delete it entirely from your mail.

This is a reminder to us all how aggressive and clever identity thieves are. We must remain vigilant, and always scrutinize messages we receive by email, phone, text message, or mail. Trust your instincts and if something doesn’t feel right, listen to that feeling.

Rachel James- Intake Specialist