As the nation has been rocked by the novel COVID-19 virus, Americans are scrambling to respond. The U.S. economy has faced incredible strain; unemployment numbers are higher than those at the peak of the Great Recession. To combat this peak, economic response measures and programs were implemented across the country. Citizens, stressed about what their future holds, experience increasing anxiety about how to navigate these programs to ensure they receive their benefits.

These programs and the public’s anxiety have given identity thieves a golden opportunity to exploit a global vulnerability and make a quick buck.

What is Identity Theft?

It is a subcategory of fraud. The crime of identity theft occurs after a person takes another’s personal information and uses it for his own personal gain. Prior to the pandemic and according to the Insurance Information Institute, Arizona had one of the highest rates of identity theft per 100,000 in population. Now, because of the pandemic and the vulnerabilities it has created in Arizona’s citizens, cases of identity theft are exponentially rising. COVID-19 scams alone are going to cost Arizonans more than $1 million this year. Criminals are capitalizing on opportunity and fear, using creative means to defraud Arizonans.

Scams to Watch For

Identity thieves are not reinventing the wheel. Rather, they are just applying a new coat of paint to their vehicle. The goal of taking your identity and using it for pecuniary gain remains the same. Its just easier to play on people’s emotions during times like the pandemic. Below are a few popular methods that identity thieves are implementing during the COVID-19 pandemic.

Phishing

This scam was around before COVID and will be here after. It’s a parasite. Phishing scams use email or text messages to dupe you into giving up your personal or financial information.

It is accomplished by having scammers send out hundreds of thousands of messages each day. These messages contain a phony computer link, that once clicked on will download malevolent software onto your device. The identity thieves then use that software to essentially steal your device without you realizing. Like a parasite. Your keystrokes can be recorded and, in some cases, your personal and financial data may be accessed. If the phishing thieves are not tech-savvy enough to create malevolent software, the clicked link will instead take you to a website that appears legitimate. Once there, the website will request you enter in personal and financial information. Whatever information you enter will be given directly to the scammers to be used as they like.

During COVID-19, these scams are especially potent. Often the phishing recipient will receive an email or text message appearing to be from the Centers for Disease Control and Prevention (CDC) or from the Internal Revenue Service (IRS). These messages will contain some alarming statistic on the virus or an update on the U.S. response to the pandemic. The message will then encourage the reader to click on a malevolent link to learn more.

Even more wicked, some phishing messages claim that an issue arose with the recipient’s financial information that needs to be corrected to ensure the receival of their stimulus check. However, the truth is that the government already has all the information it needs to send you your stimulus check. No application or forms are required to be filled out before the check will be sent. If you have yet to receive your check and you think you are entitled one, visit the IRS website for more information or follow this link to ensure you get all of the money you deserve.

To protect yourself, there are several habits you should form:

1. Be extremely cautious when clicking on any link. If you clicked on the above link supposedly pointing you to a resource for your stimulus check, you experienced first-hand how easy it is to fall victim to a phishing scam. Therefore, the best practice is to take your mouse and hover over any link to see where it leads;
2. Delete any message asking for your personal or financial information. No legitimate company or governmental agency will ask for it in an email or text;
3. Do not open any attachment unless you recognize and trust the sender;
4. Look for grammatical or spelling mistakes in the message or hyperlink, as well as generic greetings.
5. As with anything in life, if you are being asked to quickly make a decision or something seems to be good to be true, believe it is a scam.

False Donations

With a global depression under way, everyone is at risk of financial insecurity. Generous people understand this and have been looking for ways to help. Unfortunately, scammers are taking advantage of these kind souls.

The U.S. Department of Justice has reported that scams where people are impersonating charities are on the rise. The scammer will pretend to be from a charitable organization and solicit others to make donations towards those affected by COVID-19. Like all scams, the solicitation will put you under pressure and seem rushed. This tactic is to ensure you do not second guess what is being requested or investigate the organization. If you try to research the organization or person sending the request, you will find that they are phony or nonexistent. If you do end up sending a donation, the scammer will take your payment information and use it to make purchases on their own behalf or sell it off for another use.

Avoiding this scam is like phishing. Do not give financial information through your phone or email. Investigate any organization or person trying to solicit money or personal information from you. Lastly, use websites like Charity Navigator to find charities you want to donate to.

Arizona legislature and law enforcement are trying to curb these scams. Together they have enacted and enforced strict laws that are intended to punish and deter identity thieves.

Identity Theft Statute and Penalties

To secure an identity theft conviction in Arizona, the State must prove three main elements beyond a reasonable doubt. Governed by A.R.S. § 13-2008, these elements are:

1. That the person has knowingly taken, purchased, manufactured, recorded, possessed or used any personal identifying information of another person;
2. Without the consent of that person; and
3. With the intent to obtain, use, sell or transfer the other person's identity for any unlawful purpose, to obtain employment, or to cause loss to a person, regardless of whether the person actually suffered a loss.

If convicted under this statute, the consequences are fierce. You may receive a class 4 felony that carries a max sentence of 3 years as a first-time offender. For multiple-time offenders the punishment grows. Your best shot of avoiding these consequences is by hiring an experienced attorney who can fight the evidence presented against you. Therefore, if you have been accused of identity theft it is critical that you hire an attorney with knowledge and experience in identity theft law.

Let Us Help

Identity theft is a very serious felony offense that can carry a lot of jail time. Fighting an identity theft charge requires a team of highly experienced white-collar crime lawyers to ensure you receive the best results possible. Let Scottsdale Criminal Lawyer’s criminal lawyers and their knowledge of identity theft criminal defense guide you through the process. The legal battle ahead will be led by strong representation and diligence.