Stolen Identities Used to File Tax Returns Grows 644 percent

The latest news in the identity theft arena is a statistic showing that IRS related identity theft has grown 644 percent in the past four years.

Nina Olson, the National Taxpayer Advocate, warned Congress in a report that identity theft is becoming one of the biggest issues facing taxpayers today. The two main reasons cited were identities stolen to file fraudulent refunds and to obtain employment.

As more pressure is being placed on employers to ensure their employees have a social security number that matches a name, more illegal immigrants are using an identity that matches the social security number on their employment records. No-match legislation, which was introduced by the Department of Homeland Security has been held up in a Federal Court, but some States are taking matters into their own hands. I also read an interesting article in the Twin Cities Daily Planet indicating that these letters are already causing action to be taken at some employers.

Prior to no-match legislation, anyone could simply make up a social security number and it would pass muster for employment reasons.

No matter what side of the fence someone is on from a political perspective, these no-match letters are likely to increase the amount of identity theft we are seeing in regards to tax returns. With all the stolen personal information and counterfeit documents being sold by organized criminals -- it probably isn't going to be hard to use someone else's identities for employment reasons. Stolen identities are available in a lot of places (including the Internet) and counterfeit documents are hawked on street corners across the country.

Another thing I've written about is the increasing amount of fraud being seen using the earned income credit to get a quick refund using someone else's information. The Earned Income Credit -- which is designed as a windfall of several thousand dollars for lower income people -- is easily manipulated by individuals and on a larger scale, by dishonest tax preparers to scam the IRS.

Last year, a large Jackson Hewitt franchisee was charged by the Justice Department for (allegedly) encouraging this type of fraud. Dishonest tax preparers often recruit low income people to used a forged W-2 (forms are easily available in Office Supply Stores) and get a quick refund of thousands of dollars. In other cases, this is also done using stolen identities, causing the legitimate person a lot of heartache when they go to file their return. Ironically, in years past, there have even been reports of this type of fraud being committed by prisoners who weren't being monitored, very well!

Easily available W-2 blanks and the seeming inability of the IRS to verify payroll information are two of the enabling factors of this type of fraud.

The recent report indicates that the IRS will start using a computer program to identify potential identity theft cases next year. It is also considering establishing an office to assist identity theft victims.

Olsen also plans to monitor the use of private debt collectors by the IRS, carefully. The reasons cited are a lack of transparency on the procedures used by these agencies and the potential for people's rights to be violated by these agencies.

Stories of identity theft victims being harassed by collections agencies for debts they were not responsible for are well documented and have caused innocent people a lot of pain and suffering.

Another thing to consider is that since this type of identity theft normally doesn't show up on a credit bureaus very quickly, we probably have a lot of people purchasing identity theft protection that will not necessarily detect the fact that they have become a victim. The Identity Theft Resource Center has information on how to check if your social security number is being used and what to do about it. The IRS also has a page on their site on how to deal with this issue.

The IRS also offers more information on their site about the Taxpayer Advocate Service and how they can assist the average person.

All in all, I consider this report timely and an issue that needs to be taken seriously given an already exploding statistic and the potential for this phenomenon to grow.

Report challenges IRS that it is not doing enough to protect taxpayers from identity theft

According to a recently released report by the Inspector General for Tax Administration, the IRS is falling behind on a problem that has increased almost 600 percent in the past five years, controlling the use of stolen identities to file tax returns.

Most of the identity theft referred to in this report is when someone's personal information is stolen to maintain employment.

Here is the synopsis from the report:

The IRS has not placed sufficient emphasis on employment-related and tax fraud identity theft strategies. Specifically, its prevention strategy does not include pursuing individuals using another person’s identity, unless their cases directly relate to a substantive tax or conspiracy violation. IRS policy is that the actual crime of identity theft will only be investigated by the Criminal Investigation Division if it is committed in conjunction with other criminal offenses having a large tax effect.

Here is how the Inspector General came up with these numbers:

During Calendar Years 2005 and 2006, the Federal Trade Commission received 92,570 taxpayer complaints related to employment-related and tax fraud identity theft. Due to the lack of IRS information related to identity theft, it is not clear whether the Criminal Investigation Division evaluated or investigated any of these complaints. According to the IRS, the Criminal Investigation Division does not use the Federal Trade Commission Identity Theft Clearinghouse data, and any identity theft prosecution recommendations would have been developed from other
sources.

The report goes on to say that in past two years out of the 92,570 cases reported only about 100 were prosecuted.

Another interesting aspect of the report is that only no match cases (where a name and SSN do not match) are reported to the employer:

Employers are notified of mismatches between names and Social Security Numbers. However, if both a taxpayer’s name and Social Security Number are used by another person, employers are not notified and no further action is taken to stop the continued unlawful use of the identity.

This ties in with the no match social security number legislation that the Department of Homeland Security is trying to enact. As of right now, anyone can use someone else's or even a made up social security number and remain employed. There are few to no consequences for the identity thief, or the employer, who chooses to look the other way.

The new law would force employers to take action, but has been held up in Federal court at the behest of several civil liberties groups. Ironically, many of the cases I've read about involved a citizen of Hispanic American heritiage having their identity stolen.

In August of last year, I wrote about a financial crimes detective, Adrian Flores having his identity stolen. Before clearing his good name, Detective Flores went through a lot of pain and suffering when the IRS came after him for back taxes. He also had to deal with a slew of collection agencies coming after him for unpaid debts using his stolen identity.

Sadly enough, it appears that the groups blocking this legislation don't take the victims rights into consideration (my opinion). I'm all for protecting individual rights, but we need to consider the people getting their identities stolen, also.

Who is protecting their civil liberties?

Most Americans have nothing against hard working immigrants, but many of us have become weary with all the crime that hides itself in it's mass. There isn't going to be an easy answer to this issue, but we need to remove the factors that enable crime to camouflage itself within the problem, too easily.

Full report by the Inspector General for Tax Administration, here.

Latest press release from DHS about the impending (highly controversial) law, here.