Prospect, KY (June 14, 2002) - Victims Assistance of America, Inc (VAA)
Im writing today to make a very basic point about identity theft that Im sending to all Governors, US Senators, and also to all Attorney Generals. (Note: If I should be sending this to anyone else please let me know. Im new at who to contact, but not by any means am I new after personally having a 10 year long problem-on every aspect of id theft issues.)
Ashcroft had a press conference a few weeks back and announced that ID theft in itself (taking someones info) is a crime in itself and punishable by law. He named a new ID theft called Aggravated ID theft (when the info taken is used and the perpetrator financially gains from its use). He stressed that he was going to urge judges across the country to give a 2 to 4 year longer sentence for those caught doing aggravated identity theft. I agree!
I immediately wrote to him however and pointed out that if the info is taken, and something is done against the victim in the same manner but that the perpetrator has no desire to gain financially personally- is that not Still a Crime? What if the perpetrators intent is to totally financially ruin the victims good name, reputation and financial good standing? I asked that he be aware that this is being done and the perpetrator is smart enough to know where that line is and not to cross it. As long as the perpetrator doesnt gain financially himself, the perpetrator can totally ruin a victim and not commit a crime according to Identity Theft standards in place a t this time. If he is ever caught, anything that he has done has to be piece- milled at this time to come up with even incidental charges against him even though the victim withstands the same financial disaster as if the perpetrator had actually executed an aggravated identity theft.
I asked Ashcroft to check my website (and I urge you to do so also) and see malicious identity theft and consider naming the next degree of ID theft accordingly. I stressed to him to please have everyone in the law-making arena be aware that all identity theft is not executed for the financial gain of the perpetrator; but rather: All identity theft executed financially harms the victim. Because of this, it is necessary to recognize yet a third version called Malicious Identity Theft. In this version of id theft, the perpetrator has NO desire to gain financially from the crime. At this time and for that reason, this crime (Malicious id theft) does not fall under the classification of consumer fraud, but is definitely id theft.
Id like to see stalking, mail-phone-and computer tampering, harassment, home and corporate break-ins, illegal trespass, use of cameras and hearing devices, and other such crimes and methods all listed as things done to a victim of ID theft (rather than having to be charged separately) and whatever degree of use was used to execute the crime of id theft itself would factor into the stiffness of the penalty given. I had a 10 year long problem that included all of the above and police would not write reports. My home would be broken into and my checkbooks spread out over my desk and my papers gone through. There was never a sign of a break-in so a report would not be written.
My perpetrator had no desire to gain financially from what was being done. My perpetrators intent was to totally financially ruin me. Again, Identity theft is not always consumer fraud. Please, while considering id theft laws and what degree of punishment for what degree of use be very aware that all identity theft is not executed for the financial gain of the perpetrator; but rather: All identity theft is executed to financially ruin the victim. (This is Still a Financial Crime just not always consumer fraud).
All identity theft is executed to financially ruin the victim.
All identity theft executed financially hurts the victim.
This is a financial crime. This is not necessarily consumer fraud. Yes! This is a financial crime.
Malicious Identity Theft: its out there and, its malicious- Malicious Identity Theft.
(Ive been told that this form of id theft looks like organized crime. Therere no laws to stop them.)
Lets name Malicious Identity Theft a crime because it is! (It just doesnt happen to be consumer fraud). NOTE: This type is why I have started my agency. No one is helping this victim. Everyone keeps saying its not consumer fraud. It may not be consumer fraud, but it is identity theft, and it should be an even stiffer crime-but, is not even recognized at this time. Remember: its out there and, its malicious!
Thank you for your time today, please file this and use this. Remember the name: Malicious (Because it most definitely is!)
Martha Steimel, President
Victims Assistance of America, Inc (VAA)
PO Box 270
Prospect, Ky. 40059-0270