Identity Theft

News & Analysis as of

Strict Penalties for Identity Theft Against Active-Duty Service Members

Ohio takes identity theft (known as identity fraud throughout the state) seriously. In fact, if you are arrested for identity fraud, you face felony charges. Depending on the circumstances of the crime, you may be charged...more

Florida Introduces Stringent Obligations with New Data Breach Law

In the wake of increasing pressure due to data breaches, Florida is introducing a stringent new data breach law to protect its residents from identity theft and financial harm. The new Florida Information Protection Act of...more

Loveland Man Faces Charges for White-Collar Crimes

Loveland, Ohio man Keith Blankenship was recently arrested after an elderly couple entrusted him with a blank check. Lila Mae Thomas and her husband wanted to purchase cheesecake, chicken and other assorted meats from...more

The IRS will not flag, identify or otherwise note a SSN that may be subject to identity theft and subsequent tax fraud. Go figure....

Nearly every day there’s another news story about another company suffering a data breach, either as a result of a lost or stolen device or because the company was hacked. Talk to any number of knowledgeable attorneys skilled...more

FTC Uses Its "Unfair Acts" Power to Go After PHI Security Breach

The Federal Trade Commission (FTC) is moving forward with an administrative action against a small medical laboratory that suffered two data security breaches, resulting in its patients’ protected health information falling...more

Clapper Again Stymies Data Breach Class Action

The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by a federal district court to hold that the “mere loss of data” in a data breach case does not constitute an injury...more

It’s Like Déjà Vu All Over Again: Yogi Berra On Information Security

It is Spring again, and the national pastime is in full swing. This year Spring also brought knowledge of the Heartbleed Bug – another threat to the security of information stored and transmitted online. And just as baseball...more

SEC Cybersecurity Initiative: Five Steps ALL Broker-Dealers and Investment Advisers Should be Taking

Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative....more

Employee Identity Theft - Responses and Obligations

You have done all of your work, you have completed the I-9, carefully checked all of the appropriate documents, utilized e-verify, done your background checks and suddenly you have that sinking feeling in the pit of your...more

What Are The Penalties For Common White Collar Crimes?

Most people perceive white-collar crimes as minor offenses. However, while these types of crimes are non-violent, they often involve some degree of fraud for financial gain and are often prosecuted by the federal government....more

Recent Sentences for Federal Tax Crimes in 2014 – Part 3

Today we conclude our review of recent sentences imposed in federal tax crime cases in 2014. In our two previous posts here and here, we reviewed sentences relating to Foreign Bank Account, Tax Evasion, Employment Tax, False...more

Weekly Update from the State House - March 21, 2014: The House focused on "South Carolina Pain Capable Unborn Child Protection...

Details from Each Chamber: HOUSE - The House moved through the Calendar this week, focusing much of their time debating H. 4223, the "South Carolina Pain Capable Unborn Child Protection Act". The bill, which bans...more

Short Wins - The Aggravated Identity Theft, 18 U.S.C. § 1028A, And Stacking Edition

Aggravated identity theft - charged under 1028A - seems like it's getting more and more popular among federal prosecutors. It does come with massive leverage in plea negotiations; a conviction for a violation of 18 U.S.C. §...more

Undercover Competitor: Modell’s CEO Allegedly Masquerades as Dick’s Sporting Goods Executive, Taking Corporate Espionage to a New...

Dick’s Sporting Goods has sued Modell’s Sporting Goods and its prominent fourth-generation CEO, Mitchell Modell, claiming Modell brazenly visited a Dick’s retail location and impersonated a Dick’s executive to unlawfully gain...more

Some Things Better Left Unshared: Social Media and Medical Identity Theft

The Washington Post recently published an article reminding individuals not to tweet or otherwise share information concerning their medical conditions on social media, warning that disclosing such information publicly “is...more

FTC, PIRG complaint reports highlight consumer dissatisfaction with debt collection industry

The FTC released its annual Consumer Sentinel Network Data Book on February 27, 2014, providing national and state-by-state data on consumer complaints received by the FTC, all U.S. and Canadian Better Business Bureaus, the...more

Federal Reserve Board Proposes To Repeal Duplicative Regulations Amend Identity Theft Red Flags Rule

On February 12, the Federal Reserve Board proposed to repeal its Regulation DD, which implements the TISA, and Regulation P, which implements Section 504 of the GLBA because the Dodd-Frank Act transferred rulemaking authority...more

Avoid Identity Theft Tax Troubles

Anyone can become a victim of identity theft, and it can happen anywhere. Michael Stores, Neiman Marcus and Target are simply the latest merchants to report that customer information was stolen. While being a victim of...more

Federal Prosecution of Trade Secret Theft

Attorney General Eric Holder said, “There are only two categories of companies affected by trade secret theft: Those that know they’ve been compromised—and those that don’t know it yet.” According to former FBI Director...more

Lost Or Stolen: Liability For Unauthorized Credit Card Charges

On a brisk January day, Mary A. Richman opened her mailbox and was confronted with the sobering sight of thick envelopes from Visa, American Express and MasterCard each containing a month’s worth of extravagant Christmas...more

Week in Review - January 16, 2014

This week's headlines charged employers with preserving and protecting data in the workplace. This advice is timely given that this week is “Tax Identity Theft Awareness Week,” a time when employers are reminded to safeguard...more

Taking Precautions Against Medical Identity Theft

We recently reported that the number of cyber events involving the healthcare industry is expected to rise in 2014. The reliance on electronic medical records and the use of insurance exchanges increase efficiency but...more

On the 11th Day of Privacy, class counsel served on me……

. . . a data breach class action. Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate. On this 11th Day of Privacy, we look...more

Case Study of a CFPB Enforcement Action: In re JPMorgan Chase Bank, N.A.; and Chase Bank USA, N.A.

The Consumer Financial Protection Bureau (CFPB) brought an enforcement action against JPMorgan Chase Bank, N.A. and Chase Bank USA, N.A. (collectively, the Bank), pursuant to 12 U.S.C. §§ 5563 and 5565 with regard to their...more

Immigration Corner: Snapshots of Both Big Picture and Meaningful Small-Scale Developments in the World of Immigration

On November 18, 2013, E-Verify announced an enhancement to combat identity fraud. USCIS can now “lock out” social security numbers that appear to have been used fraudulently. Once locked out, “tentative non-confirmations”...more

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