Police Department Policy

302048

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE TRAINING BULLETIN Effective Date: October 8, 2025  Amends - TB 94-4 (October 19, 2022 ) Number : 94-4 Distribution : All Sworn Personnel Review Month: April Reviewing Authority: CID / General Assignment Subject: Fraud Procedures This bulletin provides personnel with the basic information needed when handling cases involving the fraudulent use of a credit or debit card number (Identity Theft), forged and uttered checks, and counterfeit currency cases. In the event you find yourself in a situation where you are unsure as to the proper procedure , call the on-call Economic Crimes Squad detective for assistance. 1. Fraudulent use of a Credit or Debit Card Number (Identity Theft) Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information, to include a credit or debit card number, without first obtaining that individual's consent, commits the offense of fraudulent use of personal identification information, (Identity Theft) which is a felony of the third degree. In cases involving the fraudulent use of personal identification , it is important t o immediately determine the jurisdiction and then identify the victim. Notwithstanding any other provision of law, venue for the prosecution and trial of violations of fraudulent use of personal identification, may be commenced and maintained in any count y in which an element of the offense occurred, including the county where the victim generally resides. In the event a credit or debit card number was used fraudulently over the telephone, the location where the call originated and the location where i t was received both have jurisdiction. The victim is determined by establishing who sustained the monetary loss. The most common type of call will be one of the three listed below: A. Card holder reporter If the card holder notified the credit or debit card company , explain to the card holder that if the debit or debit card company sustained the monetary loss, the credit or debit card company is the victim in the unauthorized use of the card, and he/she is the victim of fraudulent use of p ersonal identification. Write an offense report regarding the fraudulent use of personal identification , obtain a statement from the card holder, and obtain information on the telephone number and name of the person contacted at the credit or debit card co mpany. If the card holder has not notified the issuing company, advise them to do so and complete the offense report as described. B. Merchant reporter: 94-4, Page 2 of 4 1. If the merchant is calling to report the fraudulent use of a credit or debit card, the crime will either be in progress, just occurred, or the merchant has not followed proper credit card procedures, and the credit card company has charged a sale back to his/her business. Obtain the following information and include it in the offense report : a. Statement from the clerk. b. The charge slip signed by the suspect. (Make two (2) copies of the slip, place the original in evidence, and attach the copies to the report.) c. All possible information on the company that issued the card so a follow -up investigat ion can be completed. d. Copy the credit or debit card. (If possible, place the original in evidence.) C. Bank or card issuing company victim : Generally, the bank's fraud investigators complete cases involving the fraudulent use of a credit or debit card number and contact the Economic Crimes Squad directly to report the crime . However, w hen deputies are dispatched to a bank or other financial institution regarding the fraudulent use of a credit or debit card number , the deputy sheriff shall follow the same procedure listed for merchants that are required. 2. Checks - Forgery and Uttering : A. Jurisdiction is determined by the loca tion where the check was presented for payment. If the check was not presented for payment in unincorporated Orange County, the victim should be referred to the law enforcement agency with jurisdiction. If it is determined that the Orange County Sheriff' s Office has jurisdiction, the following is necessary for each check regardless of the victim: 1. Case number, one for each victim . 2. A statement or Teller Affida vit, whichever is applicable, from the person who accepted the check. Each check requires a separate written statement. If the teller obtained identificati on from the suspect, this information will be included in the statement. 3. A forgery affidavit from the account holder for each check. Attach the original to the offense report. 4. A copy of the account signature card. 5. Any photos the bank may have of the trans action. 6. Place the original check -in evidence and attach two copies of the front and back of the check to the report. 7. A statement from the victim that indicates that the victim wishes to prosecute. B. Reporters of insufficient fund checks and checks written on a closed account should be directed to contact a collection agency or pursue remedies through mediation or civil court. Worthless checks will not be investigated by the Orange County Sheriff's Office . Cashin g/Depositing with Intent to Defraud reports will be 94-4, Page 3 of 4 assigned to a detective for investigation. C. Forged or stolen U.S. Treasury or Federal checks should be referred to the U. S. Secret Service

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