Leaders Guide - Legal Problems

In 2003, the Federal Trade Commission reported that more that 10 million people were victims of identity theft. Identity theft cases usually involve a criminal holding himself out as another person, making fraudulent transactions using that person's identity. Victims of identity theft can suffer financial losses, and experience damage to their credit ratings.

Although the amount of money involved in identity theft transactions can be substantial, individual consumers can obtain near-complete recovery, if they act quickly. Federal legislation was passed in 2004, which affords protection to consumers against identity theft.

Protective measures should be frequently provided to members of the command. Many identities are stolen because of the careless use of personal information, and because of the failure of individuals to regularly check their credit reports.

Marines Corps legal assistance offices are prepared to help victims of identity theft obtain relief and recovery.

What to Look For

Marines discovering unauthorized charges on their credit card statements, or receiving demands for payments on transactions they did not make.
“Phishing” emails that request personal information (SSNs, bank account numbers, etc).

What to Do

Immediately refer any Marine facing an identity theft issue to the nearest legal assistance office for help. They will assist the Marine in reporting the problem to the proper investigative agencies and clearing up the problem. Leaders should ensure that all new joins are educated about the location of this office.
Marines that have become identity theft victims should report the incident to CID investigators, as well as the Federal Trade Commission. The FTC has a website with useful information at http://www.ftc.gov/.
Marines should immediately place a “fraud alert” on their credit reports, which helps prevent future incidents of identity theft. This can be done as a matter of right through the major credit reporting agencies. Immediate referral to a legal assistance attorney is vital.
Educate your command about the ways to protect against this crime. Your local legal assistance attorney can teach this subject to your Marines.
To facilitate a resolution commanders must ensure that the Marine is afforded the opportunity to make repeat visits to counsel over a prolonged period of time.

What to Avoid

Delay in immediate referral to a legal assistance attorney.
Underestimating the damage a reply to a phishing email might cause.

What to Expect after Taking Action

Regular visits by the Marine to the legal assistance office.
Financial problems including the attempt of defrauded creditors to recover sums that were wrongfully charged to the Marine's accounts.
The Marine to recover funds from his creditors that were wrongfully extended to the criminals involved in the scheme.- Correction of erroneous credit reports.
The fraudulent charges and wrongful account transactions should be resolved within a few months of reporting the matter to the police, financial institution, and legal assistance attorney.

Troubleshooting

Marines who have been victims of identity theft should regularly check their credit reports to ensure that no subsequent crimes have been committed using their personal information. Free credit reports are available from the major credit reporting agencies, as a matter of state and Federal law. Assistance is available through the local legal assistance office.