Victimization of People in Power - Research Paper Example

Victimization of people in power: The victim group most vulnerable to identity theft The criminal justice system has been criticized and evaluated by different groups and communities primarily because of its inefficient operations. However, it is true that the victims express their concerns and disbeliefs in the strongest manner. In a country like USA, the problems of identity theft become difficult to prevent owing to the discrepancies regarding the place of the theft and jurisdiction. For instance, if the personal details of a citizen is stolen in one city and used in another location, it becomes difficult and complicated for the law enforcers to move ahead for reaching the root of the problem and subsequently punish the law breakers (Hayward 2004, pp.109-110). Research questions 1. Are people from high income groups more susceptible to identity theft? 2. Are people who spend less time at the computer more prone to such theft? 3. What factors or attributes determine susceptibility of the victim to such crimes and 4. What motivates the criminals of identity theft? Background - Criminal Justice and Identity Theft The good news is that measures are now being taken for introducing new edicts containing provisions that allow the victims to lodge formal complaints in another state. What do such issues reveal? While it is difficult to put it in one or two lines, it is true that technology is harming people in disguise and the loss is beyond control most of the times. There are problems in infrastructure for tackling such crimes and startling facts that must be interpreted carefully. Alongside, several agencies belonging to federal, state and law enforcement intends to keep a check on cyber crimes and identity theft although the substantial responsibility and accountability lies with the local agencies such as the department of police and the office of county Sheriff. (Hayward 2004, p. 109). The provisions of punishment differ in different states. For instance, in Arizona, the lawbreakers may face imprisonment from 2-12 years, in Georgia, the period of imprisonment ranges from 1-10 years and in Michigan, the imprisonment is of five years along with a fine of $10,000 (Hayward 2004, p. 103). Literature Review Crimes in Society: Exploring Multiple Angles Thus, it is beyond doubt that there are many flip sides related to crimes such as identity theft although much of it is unfathomable. The shrewdness of hackers and thieves has put the police department in utter embarrassment on several occasions. The social networking sites have also initiated such crimes and allowed them to prosper and the numbers are growing every day. According to a study, the maiden name of a mother can be located through search procedures that are relatively easy and the information acquired in this manner is more than perfect (Schreft 2007, p.8). Whether it is identity theft or any other form of crime, the people in power and holding considerably good positions are more susceptible to conning and similar acts. According to BCS and the data it has compiled on victims of theft, the factors that influence such crimes are primarily related to the “socio-economic status” and its ancillary aspects such as income, type of employment and housing for which ACORN (Classification of Residential neighborhoods), is commonly used, which categorizes different groups of people on the basis of demography, employment and housing. It is also stated that the affluent and the poor are the most direct victims of crime and after analyzing the BCS data of 1992, those who are rich when classified by their income are victims and more prone to crime than the poor(Davies, Francis and Greer, 2007, p. 56). Analysis of Identity Theft The problem of crime is a socially assembled difficulty, which implies that there are few people who have genuine idea about the nature of crime and other associated factors. Thus, most people depend on newspaper or other forms of media to know about crime and victimization. Unfortunately, much of what is constructed by the media has little relevance with reality. This also explains that crime is necessarily an issue brought up by the media and the issues of crime, the nature of victims and all other factors must have a hue of media failing which, the commitment of crime does not get proper place in the society (Davies, Francis and Greer 2007, p.56). It may not be absolutely correct to think that the invention of the computer and the advancement of technology are responsible for identity theft, which refers to stealing of personal information of an individual such as address, telephone numbers, bank identification numbers, PIN numbers of credit cards owing to which any person can fall prey to theft of money or other risks. As a matter of fact, knowing the address of the residence exposes the people of an entire family to burglary and robbery in different forms. While the name identity theft is contemporary in more sense than one, it is a major form of conning, which dates back to the ancient times. According to various studies that have been undertaken in this regard, the Ponzi scheme is well known and named after Charles Ponzi in 1919, in which impostors tried to attract those people who had a tendency to fall prey to interesting schemes of getting rick quickly. These crimes did not involve demographic or socio-economic factors (Bryant 2011, p.479). Victims of Identity Theft The victims comprising of people from the higher strata of the society is more prone to crimes such as identity thefts and the reasons can be varied. However, there is a lot to be understood than mere figures or the data that is compiled each year regarding different aspects of crime. The basic responsibility begins from prevention of such crimes and identifying their nature; the age of digital technology has added more volume to the nature of crimes. Although, it may be impossible to extract the newer forms of crimes that are taking place in the society, the people belonging to the criminal justice system must act with haste and ponder over the social effects of such crimes. Lately, we have been introduced to various terminologies of crimes such as “Internet bullying’ or “electronic bullying” and “online bullying” although the existence and consistency of these terms are not fixed. Those who are involved in harassing people in online mode may also instigate others to act on their behalf (Bryant 2011, p. 450). Types of Identity Theft When it comes to such acts as identity theft, there are various classifications of this crime. For instance, financial identity theft in which the financial information of an individual is used for buying goods from the market that is usually of higher value e.g. clothes and cars. On the other hand, criminal identity theft is another category in which the perpetrators of crime provide the details of another person instead of their own. Identity cloning is also common in which a person makes use of the identity of another person; such people are usually murderers or other offenders trying to run away from the law (Bryant 2011, p.428). Although it is said that the people occupying the seat of power have access to substantial security than those belonging to the middle or lower level of the society, the real picture is nebulous. However, there are no specific provisions in the law of any country that provides more protection to the affluent section of the society though they enjoy more privileges by utilizing their power and money. They are more vulnerable to criminal acts such as identity thefts because of their belongings than the lower classes. Identity theft has been on the rise during the last ten years and a country like US accounts for loss of billions of dollars each year according to unofficial estimates. The number of identity thefts is measured through annual surveys. According to the survey conducted by Javelin Strategy and Research during the recent times, those involved in identity thefts have gathered around $5720 from an average victim and total fraud is estimated to be around $49.3 billion (Schreft, 2007, p. 10). How do Identity Thieves Execute their Jobs According to Sheryl L. Hamilton (cited by Hier and Greenberg , 2009) identity theft is a growing socio-political problem that touches the lives of people belonging to “creditable” sectors. Their personal information, which is stored in the databases of banks or other big financial institutions, can be accessed by these thieves or conmen because their assets or finances seem attractive to those who steal. There is considerable risk in these jobs and not even an idiot would want to risk his life for small amounts (Hier and Greenberg , 2009, p. 27). The people belonging to the affluent section of the society are undoubtedly the soft target for criminals and locating these thieves is an extremely challenging task for the legal authority. Despite the invention of new surveillance systems and security equipments that are now used by financial institutions, the people involved in such crimes have knowledge of all these systems and equipments. Thus, it is easy enough for them to hood wink the people for taking away their belongings with ease. While some of these thefts are carried out with the help of personal identification tools, it has become easier with banking account numbers, Electronic Filing Identification Number, Tax Identification Number, and Federal Employer Identification Number to name only a few. These numbers are generally handled by the elite class, the necessary victims of fraud and crime (Collins, 2006, p. 17). Case Study of Identity Theft To understand the case of Identity Theft, the following hypothetical example (cited by Carper, McKinsey and Vest, 2008) may be given. In one of the cases of identity theft, Marsha Jones had stolen the name of Marie Franket, her social security number and driver’ s license for purchasing a luxury car called Mustang which was red in color and a convertible, on credit. While Franket had a hard time convincing the authorities that she had not purchased the car and defended herself in various ways, Marsha Jones, the culprit continued driving the car, which is an emblem of the rich and the affluent. It has also been observed that those who steal other people’s identity may not have a particular motive for performing such actions; in other words, it may just be a way of life. Presently, all the states of US have laws against identity theft and in those states in which stealing the identity is not a crime in the real sense, other decrees may be in place particularly when it is used for creating fraud. The Federal Identity Theft Penalty Enhancement Act of 2004 has increased the penalties for all sorts of crimes that involve stealing other people’s identities for creating fraud (Carper, McKinsey and Vest, 2008, p. 261). Laws against Identity Theft There are several laws in place against the victims of identity theft which is considered of great significance to ones who commit such crimes. The growing cases of identity thefts in various forms have led the federal and state governments to take strict action against the people although it is doubtful whether such actions have helped the people in power to feel safe. What are these laws and how much are they in favor of the victims? The Fair Credit Reporting Act was passed in the year 1970 after the credit reporting agencies did not address the complaints of the consumers within time. Similarly, The Electronic Fund Transfer Act was passed in the year 1978 for providing relief to those victims who have lost their debit card. According to this act, if the victim informs the authorities about the theft within two business days, he/she will have no liability beyond $50. The Identity Theft and Assumption Deterrence Act passed by the Congress in the year 1998 consist of two provisions. The first one is related to the prosecution of crimes related to identity theft. The second one requires FTC to address the consumer complaints and refer them to appropriate agencies. The Graham-Leach-Bliley-Act became effective in 1999 and also referred to as Financial Services Modernization Act asked the financial institutions to maintain the privacy of the personal details of their clients. Under this act, the institutions must have proper policies and reforms and remind them to their customers during specific intervals (Hanel, 2011, pp. 84-86). Additionally, there are several states that are working on Encryption Laws for enhancing the security measures against crimes such as identity theft. Victims and Thieves There have been cases in which the thieves form a group for creating fraud that leaves the government in financial ruins. In August, 2009, the US officials could track one group which was based in the United States and Israel. The Identity Theft and Assumption Deterrence Act, which came into being in 1998 recognized identity theft as a Federal crime with over 15 years of imprisonment and huge fine brought this crime in front of the public and added to it are the cases of such crimes that have affected high profile people such as politicians, film stars and other moneyed men (Hammond, 2003, p. 168). As a matter of fact, this group and all those occupying a high position in the society are exposed to the danger of these crimes and mostly defenseless about these issues. In a majority of cases the loss is discovered only when a substantial amount is missing from their bank accounts or credit card bills have escalated to billions of dollars. While it may be impossible for the thief to present himself as a film star, there are countless people who are extremely rich and not known to many people. The misuse of personal information is in itself a crime and the lawbreakers are clever and sharp enough to escape from the hands of law. The consequences of identity theft are serious as it leads to major financial losses such as disappearance of monthly wages; however, the greater cause is that the credit reports are filled with non repayments of loans and mortgages. In certain cases, an individual might lose employment or disqualify for further loans with a badly ravished credit report (Hammond, 2003, p. 168). Role of FTC and Identity Theft The rising levels of identity theft have put many people at risk and particularly those who possess sizeable assets which seem to be an attractive option for thieves to make money. The Identity Theft Law along with the edicts of FTC is meant to offer consumers with privacy of their personal details. The FTC has also played a definite role by providing assistance to victims and those who are more susceptible to such incidents as identity theft. According to figures of FTC, the number of complaints regarding stealing of personal information and money has shot up to 400 every week. Since December 2001, more than 18 thousand consumers have filed complaints related to different kinds of identity thefts (Hammond, 2003, p. 171). In order to reduce the load of the consumers who have to complete infinite formalities, the FTC has introduced the option of “ID Theft Affidavit” to be used for resolving the debts arising out of this crime and accepted by all the three credit bureaus (Hammond, 2003, p. 172). The introduction of this measure and several others by FTC has provided relief to many consumers although the officials of this department have not been able to eradicate the problem for keeps. Advancements in Identity Theft It is true that efforts have been made for detection of crimes of the stature of identity theft; the laws must be amended with the trends of time. The advancement of technology has made lives easier for people who are in power; at the same time, it has enhanced their anxiety manifold as the thieves have not lagged behind in finding better and more deceitful schemes for extracting money and personal information of these customers. Some of these advanced practices of the thieves include tools like ‘swipers’ that can be used for extorting the personal information of the consumers besides hacking the personal computers, databases or the system of the company in which the consumer is employed (Perl, 2003, pp. 171-174). The punishment for those who are involved in such crimes as identity thefts must be extremely stringent as many of them use a part of information for stealing money and some of it for disguise. For instance, in a particular case in Chicago, an identity thief tried to steal over two hundred thousand dollars posing as a man who resides in the suburban area of Chicago. Fortunately, the cashier of the bank became suspicious and called the man only to discover that the person intending to withdraw the amount from the bank is an impostor (Perl, 2003, p.189). Are Identity Stealers Victims of Circumstances? Identity thefts and other cyber crimes have grown rapidly during the past few decades as the thieves get confidence with each one of their efforts. To prevent, understand the reason or motive is important. People who take drugs or become addicts are more vulnerable to commit such crimes as they are desperate for money. Since, these crimes require knowledge of technology to a great extent the thieves should have familiarity with the advancements of technology. However, it is unbelievable that there is no dearth of people involved in these crimes for finding their drugs. According to an addict who has spoken about identity theft, “I don’t think I initially started off for that reason, but after a while it became a reason to continue” (Copes and Vieraitis, 2012, p.43). Along with this, the inability to maintain a consistent income also propels young people to make use of technology and turning rich quickly. The awareness about the consequences of such crimes must begin from high school and teachers should encourage children to avoid becoming addicts of technology from a young age. There are many college going kids who are active participants of this crime. As stated by Neal Shover, an American academician with expertise in corporate crime, “Confronted by crisis and preoccupied increasingly with relieving immediate distress, the offender may experience and define himself and propelled by forces beyond his control” (Copes and Vieraitis 2012, p.42). The Target Group The rich and the powerful fall in direct target groups of these young kids and often become victims of identity thefts. The role of eradicating this crime and reducing the vulnerability of the target group is one of the most important aspects of identity theft and lawmakers should focus on solutions without dragging this issue further. Although, the work seems complicated, it is not always possible by introducing and reforming laws. The consistent efforts of the hackers and the law breakers have created a deep stir in the social structure of nations. This is because the young generation tries to emulate the rich and the affluent. Generally, the life of a film star entices young people and in a bid to take a plunge in the world of cinema, many people deviate from their normal lives towards these crimes. Furthermore, the crime series on television and films based on these topics are extremely popular among the young people who prefer the option of stealing private information of rich people in order to make money. The movie ‘Catch me If you Can’ depicted the life of Frank Abagnale, the criminal who was engaged in identity theft more than once. According to Rational Choice Theory, the individuals are inclined to engage in crimes such as identity thefts when the expectations of benefit obtained from these acts exceed than that of lawful activities (Copes and Vieraitis, 2012). Statistics – Identity Theft According to a special report of the Bureau of Justice Statistics, over 11.7 million people starting from the age group of 16 and above have been victims of identity thefts within a period of two years. This data has been taken from Identity Theft Supplement of 2008 to National Crime Victimization Survey. It also suggests that a substantial percentage of these victims belong to high-income families when compared with low-income households (Langton and Planty 2008). Furthermore, around 6% of the victims of identity thefts were engaged in tiffs and disagreements with their families owing to lower level of trust. Thus, the impact of identity theft cannot be linked to finances alone as it becomes stressful for the victim to imagine that his/her identity is being used elsewhere by another individual. The distress experienced by the victims can be sourced to the fact that most of them have never faced similar situations before or ignorant about the action to be taken after such an incident takes place. As far as the financial losses are concerned, many of the victims had to cope hard with their financial planning particularly those who were already troubled with debts. Identity Thieves in Prison While the victims of identity thefts have to experience hard times after losing their personal details, the fraudsters continue with their tricks even when they are kept behind bars. This may be exemplified as follows. An individual called James Rinaldo Jackson stole the identity of the famous Hollywood film director Steven Spielberg and carried his pranks in prison and the guards could realize that only after a year had passed. During outdoor duty work, Jackson, who had a digital memory used to steal scores of credit cards and funds from the accounts of affluent people. For continuing with this work, Jackson received aid from other inmates of prison and received expensive goods and food items while he continued to make those calls. Even when this man could only work under the watchful eyes of the guards, he did not stop making calls and continued with them from the landscaping truck. When the phone was not in use, it was kept in the air vent of the truck (Sullivan, 2004, pp. 2-4). Impact of Identity Theft There are countless incidents like this that have ruined the finances of several wealthy people in different corners of the globe. Besides tracking the dominance of this problem, the efforts of interest groups for locating the victims and their conditions cannot be overlooked. According to the media coverage of the consequences of financial identity theft, the nature of this crime has received the tag of a menace and an act filled with complex mechanisms. In the absence of a proper law, several of the victims were forced to live as victims as they could not lodge complaint against identity thefts. However, things changed for better with the introduction of Identity Theft Act in 1998. According to the reports published by the Australasian Center for Policing Research, which came out with a document named Nowhere to Turn, the findings in the study described the way in which the victims of identity spend time in order to find solution to the problem. The most incorrigible part of identity theft is that it damages the credit report and rating of the victims and prevents them from obtaining new loans and credit cards (Van der Meulen, 2011, p. 10). Methodology The research method for the research comprise of both qualitative and quantitative methods. Primary survey will be undertaken for this purpose. A randomly chosen sample of 50 participants voluntarily determined would provide inputs for the research. The set could be grouped according to profession, age groups, income group and gender. A semi-structured questionnaire of both open and close ended questions would be set for the groups. The findings would imply which group is vulnerable to the identity theft problem. Besides, the nature of theft for each group could be identified through questions. The questionnaire could also find if any member of the group has fallen victim to this theft more than once. This could help us find the parameters which determine the victims of identity theft. Conclusive remarks The combination of identity theft and similar crimes that result in victimization of influential and rich people has taken the shape of epidemic despite the existence of laws for controlling this menace. While the customers are at the receiving end of the problem, the banks and other financial institutions issuing the credit cards and other documents should strengthen their security measures for maintaining the privacy of the customers particularly those belonging to the vulnerable group. At the same time, it is necessary for the people to have more awareness about their confidential documents and keep them in a secured place inside the house; at the same time, even if there is a slight suspicion in the mind about changes in bank accounts or credit card bills, the matter must be reported immediately to the concerning authorities for better results. There are several avenues that can be explored while discussing the subject of identity theft and the consequences faced by those in power that can lead to more solutions for tackling this issue in the legal context. References Bryant D.C. 2011, The Routledge Handbook of Deviant Behavior, New York: Routledge. Collins M.J. 2006, Investigating Identity Theft: A Guide for Business, Law Enforcement and Victims, New Jersey: UBC Press. Carper L.D., Mc Kinsey A.J. and West W.B. 2008, Understanding the Law, New York: Cengage Learning. Copes H. and Vieraitis M. H. 2012, Identity Thieves: Motives and Methods, UPNE Davies P., Francis P. and Greer C. 2007, Victims, Crime and Society, London. Hanel R. 2011, Identity Theft, New York: Marshall Cavendish. Hammond J.R. 2003, Identity Theft: How to Protect Your Most Valuable Asset, NJ: Career Press. Hayward L.C. 2004, Identity Theft, New York. Hier P.S. and Greenberg J. 2009, Surveillance: Power, Problems and Politics, British Columbia. Langton L. and Planty M. 2008, Victims of Identity Theft, London: DIANE Perl W. M. 2003. It’s Not Always About Money: Why the State Identity Theft Laws Fail to Adequately Address Criminal Record Identity Theft, Journal of Criminal Law and Criminology, Vol. 94, No.1. Retrieved on March 26, 2014 from http://web.a.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=d1298367-4607-423b-826d-1fc769cbacfa%40sessionmgr4004&vid=7&hid=4114 Sullivan B. 2004, Your Evil Twin: Beyond the Identity Theft Epidemic, New Jersey: John Wiley and Sons. Schreft S.L. 2007. Risks of Identity Theft: Can the Market protect the Payment System, Economic Review, Vol. 92, No.4. March 26, 2014 from http://web.a.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=d1298367-4607-423b-826d-1fc769cbacfa%40sessionmgr4004&vid=4&hid=4114 Van Der Meulen N. 2011, Financial Identity Theft: Context, Challenges and Countermeasures, Netherlands: Asser Press. Read More