Investigative
Process - Frequently Asked Questions (FAQ)
Q: What is identity theft?
A: Identity theft involves
acquiring key pieces of someone’s identifying information, such as the name, address,
date of birth, social security number, driver’s license number, biographical
attributes, or electronic addresses and numbers, in order to impersonate them. Identity
thieves obtain this information primarily to commit various forms of fraud and obtain
money, goods or services. In Texas, the Fraudulent Use or Possession of Identifying
Information is a State Jail Felony (Penal Code, §32.51).
Q: If I become a victim of
identity theft, what can I expect?
A: The investigation of
identity theft crimes is a time-consuming process. Many of the investigations require
documentary evidence, which can take time to compile. For victims of identity theft, the
immediate priority is to prevent and minimize further harm. The Financial Crimes Unit has
prepared a Victim Information Letter to advise victims of the appropriate steps necessary
to initiate that process.
Q: Will the person who
stole my identity be charged?
A: The Houston Police
Department and the Harris County District Attorney’s Office must work within the
guidelines set forth by the Texas Penal Code; therefore, investigators can only file
charges on suspect(s) if your case has sufficient evidence to establish the elements of
the offense and the identity of the offender.
FINANCIAL RESPONSIBILITY
Q: Am I financially
responsible for the forged checks or fraudulent credit transactions?
A: As a general rule, and
provided you act with due diligence, no. In most cases, the account holder is not held
financially responsible for losses as a result of fraudulent activity. Normally, the
business who accepted the fraudulent transaction is the loss victim. However, if
you become aware of fraudulent activity or should have been aware of the activity and do
not report the fraud to the bank or credit card company within a reasonable period of
time, the bank/credit card company may hold you responsible.
Q: I have gotten notices
from merchants demanding payment of returned checks I did not write or credit balances I
did not incur. What should I do?
A: First, review and
follow the information in the Victim Information Letter. Advise the business/merchant that
the transactions involved were fraudulent and encourage the merchant to report the
incident to the police.
EVIDENCE
Q: What kind of
evidence establishes the elements of the offense?
A: That depends on the
offense. Often, documentary evidence is required. The nature of the evidence depends on
the crime, but in all cases, original documents or certified copies are required. In
credit card / debit card abuse cases, original receipts or computer records documenting
the transaction are required. In instances where identifying information has been used,
the original or certified document, completed by and upon which the offender used the
identifying information, must be provided to the police.
Q: What kind of evidence
establishes the identity of the offender?
A: A witness or evidence
must be obtained to identify or lead to the identification of a suspect. There are several
means of establishing the identity of the offender. They are as follows:
Positive identification of a suspect by a
reliable witness. The witness must testify in any court proceedings.
Positive identification of the
suspect’s fingerprint impressions. Recorded (inked) impressions must have been
made at the time of the offense in the presence of a witness.
The video image of a suspect, committing the
offense, with a supporting identifying document. A video image alone is insufficient.
The video image must have sufficient resolution and clarity to clearly identify the
offender. Additionally, the offender’s identity must be established by comparison
with an identifying photograph (booking or driver’s license photo) or by a witness to
whom the suspect is known by sight and name. The videotapes must be dated and time stamped
reflecting the exact time and date the offense was committed.
Written confessions made by suspects to a
law enforcement agency. If the suspect confessed to the victim verbally or in writing,
the suspect must also provide a confession to the police.
INTERNET
Q: Someone ordered
merchandise by mail/Internet and I have the address where it was delivered. What can be
done?
A: The individual who
lives at a reported address cannot automatically be charged with the offense. We must
prove that the person living at the location was the individual who used your information.
A witness must be able to make a positive identification of the suspect from a photo
array. Frequently, the addresses to which fraudulently ordered packages are delivered are
vacant residences; often, the driver leaves packages at the residence, and the offender
later recovers the packages.
CHECKS
Q: My bank has sent me
cancelled checks, which I did not write or authorize. What should I do?
A: If you have not already
reported the fraudulent activity, make a police report. Return the checks to the bank and
provide the bank with a forgery affidavit and the police report number. The bank will then
return the checks to the bank/business/merchant who accepted the check.
Q: Someone has been forging
my name on stolen or counterfeit checks. I know one of the checks was cashed at a merchant
that had video. What will happen?
A: Each check passed or
presented for passing is a separate offense. That incident will be investigated when the
merchant reports the offense. If video images of the offense are available, the merchant
should provide the evidence to the police. Keep in mind, there must be some means of
establishing the identity of the suspect in the video.
Q: When someone forged my
checks, the person’s driver’s license number was recorded? Why isn’t that
good enough to establish their identity?
A: Frequently, offenders
will assume stolen or fake identities when cashing a forged check. Often, offenders use
fake identification with either fictitious information or another person’s
information.
