Police Department Policy

GGPDE_331_-_Identity_Theft_Procedures_2773404

Garden Grove PD

Policy Text
Procedure 331Garden Grove Police Department Procedures Manual Copyright Lexipol, LLC 2022/06/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentIdentity Theft Procedures - 1Identity Theft Procedures 331.1 PURPOSE AND SCOPE This procedure will establish guidelines to standardize the reporting of identity theft cases and to provide additional guidance for officers when investigating and processing identity theft complaints. 331.2 GENERAL PROCEDURES The responding officer will initiate a 530.5 PC report and advise the victim on how to obtain a copy of the report. The purpose of the report is so the victim can begin to repair their credit, to facilitate appropriate prosecution, and to inform the victim of prevention and resources to minimize the future damage that can occur from this crime. (a)Prior to initiating a police report for any of the above Penal Code sections the victim should produce documents that show evidence of the alleged criminal violation. These documents can include, but not limited to bank statements, credit card statements, credit reports, mail or any other documents that may assist with the investigation. If they received telephonic notice of the crime, at minimum the victim should have the contact information and account information from the party that made the notification to them. (b)A 530.5(a) PC report should contain all known incidents of fraudulent activity (e.g., Visa Card account number 1234 5678 9012 3456 applied for in the victim's name). (c)If the victim has made reports to other agencies (e.g., US Secret Service, US Post Office, D.M.V., or other law enforcement agencies), those reports should be referenced in the initial crime report, with case numbers if known. (d)If a reporting officer believes the victim of an identity theft might be unaware of the incident, the officer should attempt to contact and inform that victim. The officer should include any and all personal information for the victim, and if contact was made. (e)Provide the victim with the Garden Grove Police Department, IDENTITY THEFT Reference Guide, with case number. (f)The officer should refer the victim to the Government Web site www.ftc.go v /idtheft for the booklet on "Take Charge: Fighting Back against Identity Theft" or to the California Attorney Generals site at: http://caag.state.ca.us/idtheft/index.htm (g)Identity Theft Prevention presentations will be provided to the community by department personnel. 331.3 INTERNET/TELEPHONE FRAUD In the event that an Identity Theft is reported and a fraud committed over the Internet or telephone, with jurisdiction uncertain, the initiating officer should: (a)Initiate an Identity Theft report (as detailed above), (b)Obtain as much information as possible regarding the associated fraud(s), Garden Grove Police Department Procedures Manual Identity Theft Procedures Copyright Lexipol, LLC 2022/06/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentIdentity Theft Procedures - 2(c)Document the information, (d)Forward the report to Investigations for follow up. 331.4 INVESTIGATIVE RESPONSIBILITIES (a)Upon receipt of any identity theft (or related) report, the Property (Beats) Sergeant shall evaluate the agency’s responsibilities for the case. (b)If the case has follow up possibilities, the assigned investigator shall investigate all practical leads that fall within the Department’s jurisdiction. (c)The investigator shall assess the potential to successfully resolve the case. If applicable, the investigator should contact other involved agencies and forward reports when appropriate, or when the successful prosecution is dependent upon the other agency’s investigation of an associated offense. (d)Investigations will have the responsibility for the disposition of the case, including the safe return of all documents to the victim, if appropriate. 331.5 APPLICABLE PENAL CODE SECTIONS 530.5. (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment or by imprisonment in the state prison. 530.55. (a) For purposes of this chapter, "person" means a natural person, living or deceased, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity, or any other legal entity. (b) For purposes of this chapter, "personal identifying information" means any name, address, telephone number, health insurance number, taxpayer identification number, school identification number, state or federal driver's license, or identification number, social security number, place of employment, employee identification number, professional or occupational number, mother's maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, alien registration number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person, or an equivalent form of identification. 530

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