Identity theft can play a role in white-collar crimes ranging from money laundering to tax fraud. Perhaps most interesting are the schemes which share identity theft and money laundering as common elements, like the one mentioned at "A Tax Fraud & Identity Theft From Miami". Identity theft and money laundering are similarly
Privacy Laws
Accessing E-Mail As Part Of An Asset Search
During an asset search, subpoenas or other court-related discovery can be used to access an adversary’s e-mail. This access to electronically stored information like e-mail, may be authorized by Fed. R. Civ. P. 26 (a) (1) (A) (ii) & (b) (2) (B) and additional discovery rules, as is more fully set forth in my post…
Computer Intrusions That Violate Privacy Laws
My post "Pretexting During An Asset Search" explained that using false pretenses may violate privacy laws during an asset search. "Attorney Christensen’s Wiretap Conviction" additionally mentioned the case of a California attorney who violated privacy laws by conspiring to wiretap a divorcing spouse’s phone.
Privacy laws however, don’t just criminalize certain…
Asset Search News Roundup: September 20, 2008
The hacking of vice presidential candidate Governor Palin’s e-mail account at Yahoo, is examined by this "Asset Search News Roundup". Based on the Washington Post’s "Hacker impersonated Palin, stole e-mail password ", the hacker violated federal privacy law 18 U.S.C. § 1030, (Fraud and related activity in connection with computers).
The hacker is…
Attorney Christensen’s Wiretap Conviction
Attorney Terry Christensen was convicted along with private investigator Anthony Pellicano on August 29, 2008, as reported by The New York Times and The Wall Street Journal Law Blog. According to the criminal minutes from his trial, Mr. Christensen had been found guilty of his two-count indictment for violating 18 U.S.C. 371 (Conspiracy) and…
Asset Search News Roundup: September 6, 2008
Mr. Frank Lowy of Australia; Puerto Rico Governor Anibal Acevedo Vila; and articles regarding privacy issues; are all mentioned in this "Asset Search News Roundup":
- Although the U.S. Senate Subcommittee report "Tax Haven Banks And U.S. Tax Compliance" accused Mr. Frank Lowy of concealing $68 million in a suspected tax fraud, The Australian
…
Pretexting During An Asset Search
Privacy and other federal laws generally prohibit pretexting, (the use of false pretenses), when contacting a U.S. bank, phone company or government agency for confidential information. One example of pretexting would be using a false identity while phoning a bank to elicit a bank customer’s personal account information. If an information broker, private investigator,…
The Gramm-Leach-Bliley Act & An Asset Search
The Gramm-Leach-Bliley Act (GLBA) at 15 U.S.C. § 6801 et. seq., protects the privacy of customers who provide information to U.S. financial institutions. Although there are some important exceptions mentioned at 15 U.S.C. §6821(c) – (g), GLBA restricts access to “nonpublic personal information” like bank account numbers, account balances, etc. In some cases,…