Assignment Task: Read the scenario and then answer the following questions:
Jared is shopping at a local grocery store. Upon checking out, he realizes that he does not have his wallet. He returns home, searches his house, car, and retraces his steps of the day, but cannot find it. The last time he remembers seeing it was two days ago. Jared knows he has at least two credit cards, one debit card, his social security card, and his driver's license in his wallet. Jared calls the police to report his wallet stolen.
An officer responds to Jared's call. Jared is panicking and conveys to the offer that he has called the credit card companies and the bank to cancel the cards and to inform them about what has occurred. The bank notified him that his bank accounts were emptied and closed yesterday by "him" and the credit card companies both report that his cards have been maxed out and that "he" opened a new card. The officer ask Jared to sign a consent form that will allows him to obtain any identity-theft-related transactions and records from the bank and credit card companies.
Jared is hesitant to provide consent. It is explained to Jared that under the amendments to the 2003 Fair Credit Reporting Act, that his written consent allows the records to be obtained more quickly because a subpoena does not have to be issued.
An officer is handling Jared's case. The officer has received specialized training in identity theft through the Fair and Accurate Credit Transactions Act (FACT Act). With Jared's consent, the officer quickly obtain all records related to his case. The officer is specifically concerned with the fact that Jared's identity has been stolen since the thief is in possession of his social security card, driver's license, and has opened up an additional credit card in his name. The officer's training has taught him that this culprit may have committed this type of crime before. The officer conducted a search of the Financial Crimes Database and the FBI's National Crime Information Center Identity Theft File.
1. The basic elements of larceny by debit or credit card theft include 1) use of any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit or debit card, or card number; 2) to intentionally obtain money, goods, or services. Were all or any of these elements met in the scenario above and if so why?
2. Once a suspect is apprehended in a case similar to the one presented in the scenario above, what would YOU charge them with and why, be honest. How could the charges vary depending on the circumstances which lead to the arrest?