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Fraud and Identity Theft: The United Nations Crime Commission Intergovernmental Expert Group on Fraud and the Criminal Misuse and Falsification of Identity.

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Presentation on theme: "Fraud and Identity Theft: The United Nations Crime Commission Intergovernmental Expert Group on Fraud and the Criminal Misuse and Falsification of Identity."— Presentation transcript:

1 Fraud and Identity Theft: The United Nations Crime Commission Intergovernmental Expert Group on Fraud and the Criminal Misuse and Falsification of Identity Jonathan J. Rusch Special Counsel for Fraud Prevention Criminal Division, Fraud Section U.S. Department of Justice Washington, DC CACR 7 th Annual Privacy and Security Workshop Toronto, Ontario November 2, 2006

2 Origins of the Expert Group

3 General Trends in Fraud and Identity Theft Fraud Significant contributor to costs of crime Australian Institute of Criminology (2003): Estimated cost of fraud to Australia is more than AU $5 billion a year – more than 25 percent of total cost of all crime (AU $19 billion) Continuing growth in transnational fraud affecting North America and other regions Internet fraud (online auctions, investments), telemarketing fraud Examples 1998-present: Canadian-based task forces Operation Roaming Charge (October 2004)  100 separate investigations of domestic and international telemarketing fraud  More than 5 million victims, with losses of more than $1 billion Operation Global Con (May 2006)  96 separate U.S. investigations of international mass-marketing fraud  More than 2.8 million victims, with losses of more than $1 billion

4 General Trends in Fraud and Identity Theft Identity Theft – United States Indications of substantial growth Better Business Bureau – Javelin Research Survey (2006):  8.9 million adult U.S. victims in preceding year  $56.6 billion cost of identity fraud in preceding year  $6,383 mean cost per identity fraud victim FTC Identity Theft Data Clearinghouse, Identity Theft Complaints (Largest Single Category of Consumer Fraud Complaints with FTC):  2003 – 215,177  2004 – 246,847  2005 – 255,565

5 General Trends in Fraud and Identity Theft Identity Theft – United Kingdom Home Office Identity Fraud Steering Committee: Identity fraud costs U.K. economy £1.72 billion “Phishing” schemes known to have affected most of U.K. High Street banks Identity Theft – Australia 2006 survey: 8 percent of participants said they had been victims of identity theft

6 U.N. Crime Commission Involvement UNESCO Resolution 2004/26 (July 21, 2004) Requested UN Secretary General to convene an intergovernmental expert group for the purpose of preparing a study on fraud and the criminal misuse and falsification of identity to deal with five principal areas: Nature and extent of fraud and criminal misuse and falsification of identity; Domestic and international trends in fraud and criminal misuse and falsification of identity; Relationship between fraud, other forms of economic crimes, criminal misuse and falsification of identity and other illicit activities, including organized crime, money-laundering, and terrorism; Prevention and control of fraud and criminal misuse and falsification of identity using commercial and criminal law, criminal justice and other means, and how these can be harmonized; Particular problems posed by fraud and criminal misuse and falsification of identity for developing countries and countries with economies in transition.

7 U.N. Crime Commission Involvement Also requested Expert Group “to use the information gained by the study for the purpose of developing useful practices, guidelines or other materials in the prevention, investigation and prosecution of fraud and the criminal misuse and falsification of identity”

8 Expert Group Tasks

9 Principal Tasks Initial Meeting, March 17-18, 2005 Discussion of scope of work Discussion of questionnaire to be distributed by UN Office on Drugs and Crime Questionnaire, September 2005 Original submission deadline of January 10, 2006 extended Report on Results of Study Basis: Questionnaire responses and other information submitted by experts, Member State Governments, and (where relevant and feasible) private-sector sources Factual information on fraud and criminal misuse and falsification of identity, plus information on best practices To be submitted to UN Crime Commission by 2007 annual meeting (spring 2007)

10 UNODC Questionnaire – Basic Approach 50 Short, Easy-to-Answer Questions Examples Question 1: Please provide short descriptions or information on – Your country’s commercial law framework, including contract, consumer protection, and tort laws Extent to which information and communications technologies are available in urban and rural areas, and the extent to which they are used for commercial activities Question 5: Please indicate the types of fraud most commonly encountered in your country and their typical characteristics

11 UNODC Questionnaire - Fraud Question 18: In your opinion, how could public and private commercial entities collaborate most effectively in the prevention and control of such offences? Question 29: Please provide information about lessons learnt or useful practices developed to combat or prevent fraud or other related offences at the national level or in the field of international cooperation where foreign or transnational aspects of fraud are involved. Footnote: Best practices should include legislative action, operational or investigative techniques and preventive policies, and encompass both the private commercial and public criminal law areas. USDEL Interpretation: Best/useful practices include commercial policies, practices, technologies, and relationships

12 UNODC Questionnaire – Identity Fraud Question 45: How, in your opinion, could the public and commercial sectors most effectively deter, prevent and control identity fraud, and in what areas could they collaborate most effectively with one another? Question 50: Please provide information about lessons learnt or useful practices developed to combat or prevent identity abuses at the national level or in the field of international cooperation where foreign or transnational aspects of identity fraud are in issue.

13 U. S. Approach to Questionnaire Points of Contact Law Enforcement Agencies Solicited studies, reports Private Sector Entities Contacts with financial services and information technology associations and organizations to publicize Expert Group survey and solicit information Outreach to specific financial services companies to solicit information

14 Highlights of U.S. Response to Questionnaire Available at http://www.usdoj.gov/criminal/fraud/UNODCQ uestionnaireUSGResponseFinal.pdf http://www.usdoj.gov/criminal/fraud/UNODCQ uestionnaireUSGResponseFinal.pdf Responses to Questions 5, 18, 29, 45, 50

15 Next Steps

16 Timetable Expert Group Report Now being drafted Expert Group Meeting Possibly January 2007 Focus on report and recommendations U.N. Crime Commission 16 th Session – Spring 2007

17 Contact Data Email: Jonathan.Rusch2@usdoj.govJonathan.Rusch2@usdoj.gov Office: 202-514-0631 Fax: 202-514-7021 Mail: 10 th Street and Constitution Avenue, N.W., Bond Building, Room 4300, Washington, DC 20530


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