MyCRA Specialist Credit Repair Lawyers

Tag: Commonwealth Victims of Identity Crime Certificate

  • Older Australians at risk of cybercrime: Super funds a prime target

    Personal information has become a valuable commodity in cybercrime circles. It can be extracted, abused and traded for identity theft purposes and to take advantage of someone’s good credit rating. And as many older Australians are finding out – it can also be pilfered to make some crook wealthy through hijacking Super Funds – without the victim knowing a thing about it.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    Australian Federal Police warn that older Australians may be susceptible to identity theft, phishing and data mining activities and in particular Superannuation Fraud, according to Technology Spectator.

    Its article ‘Super funds under threat from cyber criminals: AFP’ also reveals that this susceptibility is coupled with a lack of protection around identity verification with self-managed super-funds.

    An Australian Federal Police submission to the Joint Select Committee of Cyber Security recommends wider education about internet awareness for older Australians.

    The AFP says the combination of wealth and size of this population demographic is tempting for fraudsters:

    “Seniors citizens are accessible, they represent the fastest growing demographic in our ageing population and they hold a large portion of Australia’s wealth. Therefore, they are an attractive potential target for, and may fall victim to, an array of scams and frauds,” the AFP said in their report.

    In June last year we blogged about the growing trend of hacking super funds in a post titled ‘Identity theft News: Latest Warnings and Recommendations’.

    At the time, NSW Police had advised the public of a scam targeting Super Accounts, where fraudsters were stealing enough information from unsuspecting victims to transfer their Super into self-managed funds which could then be easily accessed by the criminals. In effect, criminals were hijacking Super funds.

    Fraud Squad Commander Detective Superintendent Col Dyson said “Superannuation fraud…works well because no-one checks their super…victims rarely notice account changes, making it easy for criminals to change mailing addresses.”  Read more on this story ‘Crooks siphon super funds,’ on CRN Australia’s website.

    Unfortunately, unlike bank fraud, there is no obligation for superannuation funds to reimburse victims, and if the fraud occurs on overseas shores, there is unfortunately very little chance of recovering the stolen money.

    There is also the chance that personal information may be further abused by fraudsters taking out credit in the victim’s name once the Super transfer is successful. This can lead to a series of defaults and bad credit history, which can be hard to recover from.

    People should contact Police for what to do if they have been a victim of Superannuation Fraud or any form of identity theft.  They may advise of the victim’s possible eligibility for a Commonwealth Victims of Identity Crime Certificate, which would at least aid in talking to creditors when the victim attempts to remove their bad credit history and recover their good name.

    People should also check their credit report for any signs of misuse – changes in contact information, strange credit enquiries they didn’t initiate and even new credit can all be signs of identity theft. A credit report is free every year, and can be obtained from the credit reporting agencies.

    For help with identity theft recovery, or for more information on identity theft and how it can affect a person’s credit file, contact MyCRA Credit Rating Repairs on 1300 667 218 or www.mycra.com.au.

    Image: Ambro / FreeDigitalPhotos.net

  • How to prevent identity theft and keep your clean credit rating

    Identity theft is an ever-increasing cause of a bad credit rating. We answer some of the most common questions people have about identity crime and explain how it can affect your credit file. By GRAHAM DOESSEL CEO of MyCRA Credit Repairs and www.fixmybadcredit.com.au.

    8 Most Common Questions about Identity Crime Answered

    1. Who is affected by identity crime?

    It is reported that 1 in 6 people in Australia is a victim or knows someone who has been a victim of identity theft or fraud in the past 6 months.

    Victims are not always ‘gullible’ as may be the impression in the wider community. Many experts say it is not a matter of if you experience an identity theft attempt, but when.

    2. Who commits identity theft or fraud?

    It can originate from someone you know – for example an acquaintance obtains identity documents or credit card details to impersonate you. Or more increasingly it comes from professional fraudsters whose main occupation is to steal personal information and financial details in order to commit fraud.

    3. Where does identity theft originate?

    Fraudsters are after your personal information. The internet is a big source of personal information and its ever increasing use makes you more vulnerable to identity crime than ever. This means identity crime can have very long arms – often it originates from overseas crime syndicates. Social networking, online banking, company databases and email scams can all be havens for today’s cyber- criminal.

    You can also fall victim to a number of rampant telephone scams, credit card skimming, or criminals can also take to going through your rubbish bin for anything they may be able to use to steal your identity.

    4. Why is identity theft increasing?

    The pay-offs are huge for criminals. It is estimated identity crime costs Australians $1 billion a year.* In cyber circles alone, world estimated costs for cybercrime are staggering.

    Cyber-crime expert Mischa Glenny says that while there are no precise figures out there, the White House suggested in 2009 that cybercime and industrial espionage inflicts damage of around U.S.$1tn per year, which is almost 1.75% of GDP.

    “Traditional bank robbers must be absolutely gobsmacked when they hear sums like this being hoovered up by cyber-criminals week in, week out,” he says.

    5. How can I be affected by identity crime?

    We consider if someone is alerted to having money stolen from credit cards early, or perhaps is able to call their bank and stop fraud in its tracks – that they are the lucky ones.

    The unlucky identity theft victim is unaware of the fraud until their identity is misused, and their credit rating with it. When identity theft damages your credit rating – it is because the fraudster has been able to overtake credit accounts, or has gained access to enough personally identifiable information about you to forge new identity documents.

    This gives the fraudster access to credit cards, loans, even mortgages which allows them to extract significant amounts of money without you realising it straight away.

    If credit accounts are not repaid – after 60 days you may be issued with written notification of non-payment and the intention for the creditor to list a default on your credit file. It is at this moment that some people who were previously unaware of any problems find out they have been victims of this more sophisticated type of identity theft.

    But often the credit file holder has also had their contact details changed – and this means it is not until they apply for credit in their own right and are refused that they find out about the identity fraud. This can be a significant time after the initial crime.

    6. When would I know if I have been a victim of identity theft?

    Some signs to watch out for include:

    Strange unaccountable withdrawals on credit or personal bank accounts. It may not need to be a big amount to indicate fraud. Many criminals do ‘test’ amounts to begin with before extracting more significant amounts.

    Phone calls or emails from what often appear to be legitimate companies, asking for money or personal details. If you have given bank details or personal information in this way either online or on the phone there is a high chance it was a scam. Verify with the company in question.

    Can’t log in to social networking or bank accounts.

    Credit refusal

    Bills or letters of demand sent to you for accounts you don’t know about

    Missing mail – particularly credit card statements which could indicate someone has overtaken your accounts. In this case no news is not good news.

    7. What can I do if I suspect I am a victim of identity theft?

    Notify Police immediately. Many people do nothing due to embarrassment, or because they don’t believe the fraud was significant enough. But is only through this crime getting reported that statistics get collated, and we start to have any chance of catching the criminals.

    Notify creditors. You may need to cancel credit accounts.

    Obtain a credit report. This report is free once per year for every Australian who holds a credit file. It will indicate to you whether any of your contact details have changed, or whether there have been credit enquiries on your account. If you act quickly enough, you may be able to stop your credit rating from being affected by black marks which would come from fraudsters obtaining credit in your name.

    Notify credit reporting agencies of the possible fraud. They will be able to put an alert on your credit file.

    Police may assist you in obtaining a Victims of Commonwealth Identity Crime certificate, if they believe you are eligible. You can apply to a magistrate in your State for this certificate, which may help in recovering your credit rating or credit accounts. Victims need to have had a Commonwealth Indictable Offence committed against them. For more information, visit the Attorney-General’s website www.ag.gov.au.

    8. What steps can I take to prevent identity theft?

    – Keep virus software up to date on your computer. Install automatic updates and perform regular virus scans.

    – Keep your privacy settings secure on all social networking sites.

    – Keep passwords and PIN numbers secure. Don’t carry PIN numbers with your credit/debit cards, change passwords regularly and use a variety of passwords for different purposes.

    – Check all your credit card and bank statements each time they come in.

    – Cross-shred all personally identifiable information which you no longer need.

    – Buy a safe for your personal information at home.

    – Do not give any personal information or credit card details to anyone via phone or email unless you are sure the site is secure, and or you can verify the company details.

    – Be aware of who gets our personal information and for what purposes. What can these people do with the information they are gathering? For instance, is it really necessary for the site you are registering on to have your date of birth?

    – Keep up to date with the latest scams by subscribing to the government’s ‘SCAM watch’ website. For a list of ways your computer can put you at risk, visit the governments Stay Smart Online website www.staysmartonline.gov.au.

    – Check your credit file regularly.

    If you or someone you know needs help recovering their credit rating following identity theft, contact MyCRA Credit Repairs, www.mycra.com.au or call tollfree on 1300 667 218 for confidential advice and help restoring your good name.


    * OECD Committee on Consumer Policy, Online Identity Theft, February 2009, p. 37

    Image: Salvatore Vuono / FreeDigitalPhotos.net

  • Tax fraud worth $33 million linked to identity crime

    Victims struggle with recovery after tax fraud leaves them out of pocket. Could this type of identity crime threaten their  credit file?

    According to public documents, a staggering $33 million worth of suspected fraudulent tax refunds linked to identity crime have been blocked since July this year. Last week SC Magazine released an article ‘ID thieves steal tax returns’ revealing these figures.

    It reports criminals are lodging fraudulent returns with the ATO and also creating fake group certificates linked to real businesses.

    SC reports that the process of finding the fraudsters and reimburing victims is complicated and difficult:

    “Australian Federal Police are understood to be only able to investigate instances of fraud against the ATO if banks supply suspect account details. This is thought to scarcely occur.”

    “The task facing the ATO’s team of anti-fraud investigators is hard to overstate. The $33 million in fraudulent returns blocked since tax time represented a mere 0.67 per cent of total returns processed over the same period. The ATO had withheld pending review 1.2 per cent of returns amounting to $401 million in claims which it considered “overstated” or “potentially fraudulent”.

    And with the lion’s share of legitimate and fraudulent returns filed within four months, the office’s sophisticated fraud-detection systems are put on a hunt for the proverbial needle in the hack stack,” the article says.

    The ATO says it could not comment on investigations, but has promised to reimburse victims, saying they have a:

    “strong focus on raising awareness within the community about the importance of TFN protection and personal information,” it told SC Magazine.

    In the meantime, two of the victims interviewed by SC reported experiencing many issues with attempting to get to the bottom of the fraud themselves. There has reportedly been little assistance from the accountants responsible for lodging the fraudulent claims (they are reportedly not liable having lodged the claim in good faith), and after 30 calls to the ATO from one of the victims, still no answers and no refund yet.

    What we found most interesting about this article, was the last few paragraphs on the Australian Federal Police’s response to SC:

    “Matters of individual tax fraud should be handled by the ATO it [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][the AFP] said.

    It has five officers dedicated to investigating such fraud across Australia. it believed the victims should consult state police.

    For Cameron and Mansfield [the alleged fraud victims featured in the article], it remains unclear who they can turn to for assistance to recoup their lost tax claims.

    Short of obtaining a new TFN, agencies could offer little advice for victims of tax fraud.

    Government agencies broadly suggest victims of identity theft purchase a credit monitoring service and regularly check bank accounts,” the article says.

    The comments illustrate where we believe Australia can do more when it comes to identity theft – identity theft recovery.

    The media seems to frequently speak to identity theft victims, but many of them seem to have been unable to recover their lost monies, to find someone who shoulders the responsibility or gives them the answers or help they are looking for.

    Albeit it is early days for identity theft as a crime, but with a recent survey commissioned by the former Attorney-General revealing 1 in 6 people know someone or themselves have been a victim of identity theft, and the Australian Crime Commission citing identity crime as the fastest growing crime in Australia, it may be a pertinent time for victim recovery to be given more focus.

    In the SC article, it was recognised that the actual victim of fraud was the ATO, whose money was stolen by fraudsters. But what about the person whose identity was stolen? Are they at risk of further fraud in other areas?

    The fraudsters have detailed personal information on the victims, what to say they can’t take credit out in the victim’s name or use the information for other illegal purposes? Where should they go to be given advice on what to do?

    Recently we investigated identity theft recovery, and how it specifically relates to repairing a damaged credit rating. A damaged credit rating from identity theft can hurt the victim sometimes more than the original fraud. Not only can they owe the debt, and all subsequent fees to creditors they can be blacklisted from obtaining further credit in their names for 5 to 7 years. An identity theft victim who is not able to recover their credit rating is facing years of hardship. So where can victims turn for help?

    “Government agencies broadly suggest victims of identity theft purchase a credit monitoring service and regularly check bank accounts”

    This is true, but what was missed from the quotes in this article, was the fact that these victims may be eligible to apply at a Magistrate’s Court for a Commonwealth Victims of Identity Crime Certificate. Were victims told about their options in this regard?

    This Certificate is designed to give Commonwealth identity theft victims some kind of official substantiation to their claims of fraud.

    “A Commonwealth Victims’ Certificate helps support your claim that you have been the victim of Commonwealth identity crime. You can present the Certificate to an organisation such as a Government agency, or a business (such as a financial institution or credit agency).  This may help you negotiate with them to re‑establish your credentials or to remove a fraudulent transaction from their records.

    A certificate does not compel any organisation to take a particular action. It will not automatically re-establish a person’s credit rating or remove a fraudulent transaction from their record. It is also not admissible in any legal proceedings.” The Attorney-General’s website says.

    With recovery obviously so difficult, victims need any help they can get.

    If victims have their credit rating damaged for example, black marks are quite difficult for the individual to remove. When it comes to identity theft in our experience, creditors demand documentary proof to help with establishing that the victim did not initiate the credit in the first place. This certificate could certainly be a very valuable document for victims and we feel would greatly assist victims in substantiating their claims to creditors.

    During our investigations, we found it difficult to establish the ground rules as to what constituted a Commonwealth Indictable Offence, and a State Offence.

    The Attorney-General’s office advised us that the list of offences against the Commonwealth are so great, it is difficult to provide a full list for the public. They say that if any person suspects identity theft, they may be eligible and should just apply  for the Certificate, and a magistrate in their State will decide whether it is possible to obtain one on Commonwealth grounds.

    And as to whether these tax fraud victims would be eligible? A spokesperson for the Attorney-General advised us that that a Commonwealth indictable offence would include some instances of tax fraud:

    “This includes conduct relating to tax fraud such as when an individual dishonestly obtains a financial benefit from the Commonwealth by using another person’s identity,” the spokesperson said.

    They say it is up to the Police to pass on information on the Certificate to victims as they see appropriate for each individual fraud case. Apart from that, information is available on the Attorney-General’s website.

    It may be that the tax fraud victims at this stage have no need or claim for an identity crime certificate. But broadly speaking, it should be something which is promoted by all agencies as an avenue for recovery for victims. It could also be something State-based agencies could also look at adopting for identity theft victims.

    In the meantime, identity theft continues to affect 1 in 6 of us, and while Australia continues to iron out its laws and streamline its investigations, we believe the current victims are unlucky to be at the beginning of our development of effective recovery processes.
    For further help with credit repair information following identity theft, contact MyCRA Credit Repairs tollfree on 1300 667 218 or visit the main website www.mycra.com.au.

    Image: Arvind Balaraman / FreeDigitalPhotos.net

     

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