The Darkest Side of Identity Theft

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“This is the ultimate humiliation, the ultimate nightmare if you ask me,” said Jim Doyle, president of Internet Crimes Inc., and co-founder of the New York City Police Department’s Computer Investigation and Technology Unit. “And it falls on the victim to clear up the criminal record.”

‘ALIAS BECOMES A DISEASE’
There’s nothing new about criminals using aliases to evade the law — criminals often try to give their buddy’s name, address, and date of birth to dupe police. But the explosion of identity theft, and the ready availability of stolen digital dossiers on innocent victims, makes it just as easy for a criminal to give a stranger’s personal data during an arrest. Once police book a suspect under a fake name, that mistake can plague a victim for life. 

“The alias becomes a disease to the true owner of that character,” said Sgt. Bob Berardi, head of the Identity Theft task force in Los Angeles. 

The problem is compounded by the increasing sophistication of law enforcement officials, who now regularly tap nationwide databases like the FBI’s National Crime Information Center to search for outstanding warrants. Getting names off those lists can be a daunting task. 

“Officials of criminal records (databases) are — for good reason — reluctant to remove information once it’s been placed in the database,” said Beth Givens, executive director of the Identity Theft Clearing House. “It’s very difficult to clear your record if you are a victim of criminal ID theft.”

HIS WORD AGAINST A DATABASE
Malcolm Byrd is living proof of that.
In Byrd’s case, his word has never been enough. The situation has left the Janesville, Wis., man contemplating a name change. With his impostor still at large, still committing crimes and still using his name, Byrd fears another arrest. 

“I don’t feel safe now. When we drive I feel uncomfortable,” Byrd said. “It’s affected our lives enormously.”

Tom Schroeder, a lawyer for the county where Byrd lives, confirmed many of the details of Byrd’s repeated run-ins with the law.
“Mr. Byrd is worried that if he is in Milwaukee County and gets stopped for some reason and the officer punches it into a computer, he may still come up,” Schroeder said. “And I don’t blame him.”

Efforts to eradicate Byrd’s criminal record at the state and federal level haven’t succeeded, Schroeder said. “I left a voice mail on Mr. Byrd’s phone indicating we’d be happy to help him in changing his name and his Social Security number.” 

What You Can Do

Step 1: Find a calm friend

The only way to combat the problem is with diligent record-keeping.
It may be years before a victim even knows what's happened. The false criminal record won't be discovered until someone runs a criminal background check -- not until the victim applies for a job that requires one, or is pulled over for a traffic violation. 

"If you know there are warrants out for your arrest because of an impostor, do not get in trouble with police," said Jay Foley, director of consumer and victim services for the Identity Theft Resource Center. "Quite simply, find a calm, cool, collected, level-headed friend and go down to the local law enforcement station ... Say this is who I am, and this is what I think is going on."

Even better, approach a friend or family member in law enforcement with the problem, if that’s possible, Foley said. 

Step 2: If you are arrested

Victims who find out the hard way -- when they are faced with a false arrest -- are best served by remaining calm, polite, and cooperative during the incident. Many cops still don't understand the extend of the identity theft epidemic, and they are immune to pleas like "You have the wrong Bill Smith," says Sgt. Bob Berardi, head of the Identity Theft task force in Los Angeles. "There's no good way to say 'It's not me.'" 

During the arrest, diplomatically ask the officer to check the warrant carefully, said Paul Johnsen, deputy district attorney for San Diego County. "Ask police to check what's in the description on the warrant," he said. "Sometimes it doesn't match. I've seen cases where someone takes over another person's identity, and the warrant says it's a white female but the victim is a black female."

That won't always work. Sometimes police will just think it’s a typographical error, so contacting an identity theft advocacy group like the Identity Theft Resource Center is advised. And learn the name of a nearby police officer or district attorney who's sympathetic to the ID theft issue.

Step 3: Clear the record

Once the immediate crisis is resolved, victims should do what they can about their criminal records. That usually means convincing local police to amend the file. There is generally no way to convince law enforcement officials to delete the fact that your name was used as an alias by the suspect, since detectives track various aliases used by criminals. 

"Most people don't ever really clear their record," Foley said. "You will be an alias for that perpetrator." But victims should insist that their name be removed from the "primary name" field of police records and moved to an "alias" line instead. 
It might also be necessary to get a court order declaring your innocence. Victims are advised to keep certified copies of court documents with them at all times, Johnsen said.

But even that isn't foolproof, particularly if the impostor is still roaming free and committing crimes. 

But remember, said Beth Givens, executive director of the Identity Theft Resource Center, “the person who is using you for their identification could put you on a shelf for a few years and then start in again a year later." 

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