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Report - 2020 Financial Fraud And Identity Theft Report 5C928339 Fad7 4188 A35F Cb11

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2020 Financial Fraud And Identity Theft Report 5C928339 Fad7 4188 A35F Cb11

Summary

A December 2020 progress report of the Office of Crime Victims Advocacy to the Washington Legislature on the Financial Fraud and Identity Theft Investigation and Prosecution Program, submitted under RCW 43.330.300(1)(c). The report states that in state fiscal year 2020, between July 1, 2019 and June 30, 2020, the program's two task forces conducted 2,635 investigations, charged 305 cases involving 770 counts, and obtained 329 convictions. It describes funding from Uniform Commercial Code-1 filing surcharges, raised to $15 beginning July 1, 2020, and an allocation of 10% to administration, 67.5% to the Greater Puget Sound Task Force and 22.5% to the Spokane Regional Task Force. Its recommendations ask the Legislature to amend RCW 9.35.020 to elevate non-financially motivated identity theft to a first-degree charge and to make possession of a skimming device a felony.

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 Financial Fraud and
 Identity Theft Investigation
 and Prosecution Program



PROGRESS REPORT ON TASK FORCE AND RECOMMENDATIONS PURSUANT TO RCW 43.330.300(1)(C)




                                                                   December 2020
      OFFICE OF CRIME VICTIM ADVOCACY
                                                                   REPORT TO THE LEGISLATURE

                                                                   Lisa Brown, Director
2.2
Acknowledgments

Washington State Department of Commerce
Diane Klontz, assistant director
Community Services and Housing Division

Richard Torrance, managing director
Office of Crime Victims Advocacy

Greater Puget Sound Financial Fraud and Identity
Theft Task Force
Melinda J. Young, task force chair
King County Prosecutor's Office

Spokane County Financial Fraud and Identity Theft
Task Force
Inspector John Nowels, task force chair
Spokane County Sheriff's Office




Washington State Department of Commerce

Richard Torrance, managing director
360-725-2059
richard.torrance@commerce.wa.gov

OFFICE OF CRIME VICTIMS ADVOCACY

1011 Plum St. SE
P.O. Box 42525
Olympia, WA 98504-2525

www.commerce.wa.gov

For people with disabilities, this report is available
on request in other formats. To submit a request,
please call 360.725.4000 (TTY 360.586.0772)




 FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND
 PROSECUTION PROGRAM
Table of Contents
Executive Summary ..................................................................................................................................... 2

Program Revenue and Funding Allocation .................................................................................................... 4

Task Force Goals and Performance .............................................................................................................. 6

Recommendations ....................................................................................................................................... 9

Appendix A: Task Force Members .............................................................................................................. 10




  FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                                                                                   1
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Executive Summary
Overview
The Legislature created the Financial Fraud and Identity Theft Crime Investigation and Prosecution Program
(FFIT) in 2008 at the Department of Commerce (Commerce). The program strengthens cooperation between
law enforcement and financial industry investigators to increase the capacity to respond to financial fraud and
identity theft crimes. This report meets the statutory requirements in RCW 43.330.300(1)(c):

     "By December 31 of each year submit a report to the appropriate committees of the legislature and the governor
     regarding the progress of the program and task forces. The report must include recommendations on changes to the
     program, including expansion."

Financial Fraud and Identity Theft Crimes are defined in RCW 43.330.300(4) as check fraud, chronic unlawful
issuance of bank checks, embezzlement, credit and debit card fraud, identity theft, forgery, counterfeit
instruments (such as checks or documents), organized counterfeit check rings and organized identity theft
rings.

Identity theft and related fraud has decreased overall per 100,000 population since calendar year 2010. This
trend also applies to the state's national ranking in identity theft and related crime. Figure 1 below charts
Washington's ranking year over year among states by reported identity theft and fraud crimes, with a higher
ranking indicating lower rates of reported crimes. Both identity theft and fraud crime rankings were higher in
2019 than in 2010, indicating lower rates of reporting identity theft and fraud crimes.

Figure 1: Identity Theft Crime Trend in Washington - 2010 to 2019

    50                                                           48



                                                                                                                        39
    40
                                                                             35            36
              33                                                                                34
                           32

    30                                              27                                                     27
                                       25                                    31
                                                                                           29
                                                                                                25         25
    20                                                           23


                                                                                                                        16
    10                                              14
                                       12

               7           8

     0
             2010        2011         2012         2013        2014         2015         2016   2017      2018          2019


                        ID Theft                   Fraud                    Linear (ID Theft)          Linear (Fraud)

Source: Federal Trade Commission, Consumer Sentinel Network Data Books, 2010-2019




 FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                                                              2
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In 2008, Commerce established two regional FFIT task forces consisting of the state's three largest counties.
Those task forces are the Greater Puget Sound (GPS) Task Force, including King and Pierce counties, and the
Spokane County Task Force. At the end of the state fiscal year 2015, Snohomish County joined the Greater
Puget Sound Task Force and began working as part of that group in January 2016. Each task force includes
representatives from the following stakeholder groups:

   Local law enforcement
   County prosecutors
   The state Office of the Attorney General
   Financial institutions
   Other state, local and federal law enforcement and investigative agencies

Both task forces direct grant funds to law enforcement investigations and forensic analysis and prosecutorial
staff dedicated to financial fraud and identity theft cases generated by the investigations.

Fees on Uniform Commercial Code (UCC) filing funds the FFIT program. The Department of Licensing collects
and deposits the UCC fees into a dedicated FFIT account. More details on program funding are in the Task
Funding section.

Key Findings
State Fiscal Year 2020
   Between July 1, 2019, and June 30, 2020, there were 2,635 investigations conducted, 1,694 more than in
   the previous state fiscal year period.
   The task forces charged 305 cases involving 770 counts, 45% fewer counts than the previous year. This
   reduction reflects an increase in the complexity of cases and the number of offenders per case (see the
   Task Force Performance section).
   There were 329 convictions, a 52% decrease, or 359 fewer convictions than achieved in the previous year.
   Task forces are identifying and prosecuting significantly more sophisticated multi-person criminal
   organizations spanning multiple jurisdictions.

Cumulative Findings Since Program Inception
The task forces report performance quarterly to Commerce. In the eight state fiscal years of active
investigatory work (2011 through 2020), the task forces have:

   Conducted 9,575 investigations
   Charged 5,346 cases
   Charged 16,230 counts
   Achieved 5,062 convictions

Summary of Recommendations
The task forces recommend the Legislature amend RCW 9.35.020 to:

   Elevate non-financially motivated identity theft to a first-degree charge
   Make possession of a skimming device a felony offense
   Base the penalty on the Amount the Defendant Attempted to obtain, and
   Enhance penalties for FFIT crimes where a victim is a vulnerable person.



 FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                                           3
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Program Revenue and Funding Allocation
Task Force Funding Program Surcharge Transfers
The Department of Licensing (DOL) collects program funding from surcharges on personal and corporate
Uniform Commercial Code-1 (UCC) filings. DOL transfers collected funds monthly to Commerce for the
exclusive support of the activities of the FFIT program.

Figure 2: Uniform Commercial Code-1 Collections, SFY 2008 - 2020


100,000                                                                                                                 $1,200,000
  90,000
                                                                                                                        $1,000,000
  80,000
  70,000
                                                                                                                        $800,000
  60,000
  50,000                                                                                                                $600,000
  40,000
                                                                                                                        $400,000
  30,000
  20,000
                                                                                                                        $200,000
  10,000
      -                                                                                                                 $0
             2008     2009     2010     2011     2012     2013     2014     2015    2016    2017   2018   2019   2020


                                                   Number of Filings          Surcharge Revenue

Source: Washington State Department of Licensing Monthly UCC-1 Surcharge Reports


Background on Program Revenue
UCC Surcharges at Program Inception
UCC-1 collections began in August 2008. The FFIT program originally had three UCC surcharges fees:

1. $8 for paper fillings
2. $3 for individual web-based filings
3. $3 for batch web-based filings

The program saved collected fees for a year to fund the task forces. During the next two years, the task forces
organized, hired and trained staff before becoming operational. The three-year ramp-up period explains why
investigation and prosecution data began in 2011, while revenue collection began in 2008.

Changes to UCC Surcharges
When the Legislature reauthorized the FFIT Program in the 2015 legislative session, the Legislature raised all
UCC fees to $10 beginning July 1, 2015. When the Legislature reauthorized the program again during the 2020
legislative session, the Legislature increased all UCC fees to $15 beginning July 1, 2020.




 FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                                                              4
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Program Revenue Allocation
The Department of Commerce retains 10% of program revenue for administration. The remaining 90% of
funding is split evenly among the counties, as agreed upon by the program partners and Commerce. The
Greater Puget Sound Task Force includes three counties, and the Spokane Regional Task Force includes only
Spokane County, resulting in a 3-to-1 ratio between the two task forces. After the 10% for administration, 67.5%
of program funding goes to the Greater Puget Sound Task Force, and 22.5% goes to the Spokane Regional
Task Force. Figure 3 shows the allocation of the total funding.

Figure 3: Program Revenue Allocation

                            Department of Commerce
                              Administration, 10%                       Spokane Regional Task
                                                                            Force, 22.50%




                     Greater Puget Sound Task
                          Force, 67.50%



Source: Department of Commerce




 FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                                            5
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Task Force Goals and Performance
Overview
The FFIT program is required to report on task force activity performance and new methods of cooperation.
The task forces submit quarterly performance reports to Commerce and then follow up with two semi-annual
narrative reports of ongoing operational successes and accomplishments. These reports describe the
planning and staffing of investigations, apprehension and prosecution of financial fraud and identity theft
crimes, and new and best practices.

In the criminal justice system, law enforcement investigations are half of the process of bringing criminal
enterprises to justice. Prosecution and sentencing are the culmination of that process and constitute a
measurable outcome for the program.

Statewide Performance Goals
Statewide, the performance goal of the task forces is 92 convictions per quarter. Since establishing this
performance measure in 2011, the task forces achieved an average of 131 convictions each quarter over 36
quarters for 4,733 individuals convicted.

The data shows the task forces are far exceeding their original goal. Commerce and the task forces will review
the performance measure goals to determine if increasing the performance goals for convictions per quarter
for state fiscal year 2020 is warranted.

Task Force Performance
The FFIT program continues to make improvements in identifying, arresting, and prosecuting individuals and
groups engaged in the criminal enterprise of financial fraud and identity theft. Each year, both task forces have
incrementally increased their investigations' scope, going after larger and more complex criminal enterprises.

In fiscal year 2020, the FFIT task forces produced a combined:

   2,635 investigations
   305 cases charged
   770 criminal counts charged
   329 convictions

Combined task force performance from state fiscal year 2011 through 2020 is presented in Figure 3.

Data for the two task forces are presented separately in Figure 4 and Figure 5.




 FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                                             6
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Statewide Task Force Performance
Figure 3: Statewide Task Force Performance

  3,500


  3,000


  2,500


  2,000


  1,500


  1,000


    500


        -
              2011          2012            2013      2014      2015   2016      2017      2018       2019      2020

                          INVESTIGATIONS              CASES CHARGED       COUNTS CHARGED          CONVICTIONS

Source: FFIT Task Force Quarterly Reports


Greater Puget Sound FFIT Task Force Performance
During state fiscal year 2020, the Greater Puget Sound Task Force conducted 219 investigations, prosecuted
116 cases involving 257 counts and received 239 convictions on cases prosecuted.

Figure 4: Greater Puget Sound Task Force Performance, SFY 2001 - 2020

2,500



2,000



1,500



1,000



  500



    0
             2011         2012          2013         2014      2015    2016      2017      2018       2019      2020


                          INVESTIGATIONS              CASES CHARGED       COUNTS CHARGED          CONVICTIONS

Source: Greater Puget Sound Task Force Quarterly Reports




  FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                                                     7
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Spokane Regional FFIT Task Force Performance
During state fiscal year 2020, the Spokane County Task Force conducted 895 investigations, prosecuted 121
cases involving 344 counts and received 64 convictions.

Figure 5: Spokane Area FFIT Task Force Performance by SFY 2011 - 2020

 2,500



 2,000



 1,500



 1,000



   500



      0
              2011         2012         2013         2014         2015   2016     2017      2018       2019      2020

                         INVESTIGATIONS                  CASES CHARGED     COUNTS CHARGED          CONVICTIONS

Source: Spokane Area FFIT Task Force Quarterly Reports


Note on Change in Data Collection for Courts Changed
Beginning in 2017, prosecutors began reporting all counts-charged data. Previously, law enforcement reported
some of the counts-charged data. Since prosecutors do not always prosecute every charge identified by law
enforcement, this change results in more accurate data for state fiscal year 2017. It also accounts for the
reduced number of counts charged for both task forces in 2017 (Figure 3 and Figure 4).




 FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                                                       8
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Recommendations
Commerce worked with both task forces to develop the following recommendations to strengthen law
enforcement and criminal justice response to financial fraud and identity theft crimes.

Elevate Non-Financially Motivated Identity Theft to a First-Degree
Charge
The task forces recommend elevating identity theft that is motivated by the intent to avoid apprehension by
law enforcement to a first-degree charge. Currently, it is charged as Identity Theft in the Second Degree under
RCW 9.35.020. The increased penalty for this charge may deter individuals from using stolen identities to avoid
arrest for other, currently more serious crimes.

A suspect will sometimes give an identity theft victim's name to police in an attempt to avoid arrest. Unless
law enforcement books the defendant into jail where jail booking staff use fingerprints to identify them, the
victim – rather than the defendant – may receive a criminal citation. This deception could result in an arrest
warrant, which would create a criminal history for the victim of identity theft. However, because the "loss" is
under $1,500, only a charge of Identity Theft in the Second Degree under RCW 9.35.020 is currently allowable.

Create Penalty Enhancements when a Victim is a Vulnerable Person
The task forces recommend the Legislature create penalty enhancements that may be added for financial
fraud and identity theft crimes when a victim is a vulnerable person (including minors, elderly and dependents).

Base the Financial Threshold for First-Degree Identity Theft on the
Amount the Defendant Attempted to Obtain
The task forces recommend the Legislature change the financial threshold for Identity Theft in the First
Degree. The threshold is currently $1,500 obtained from identity theft. The task forces recommend basing the
first-degree charge on what the defendant attempted to obtain by misusing the victim's identity rather than
what they obtained. Currently, a defendant who uses a stolen identity to attempt a high-dollar value crime but
is unsuccessful may only be charged with Identity Theft in the Second Degree. Basing the level of identity theft
on the amount the defendant attempted to obtain, rather than on the amount the defendant obtained, avoids
rewarding suspects who use stolen identities to attempt to commit the most serious crimes and are
unsuccessful only because they are caught or because their plans otherwise fail.

Make Possession of a Skimming Device a Felony
The task forces recommend making possession of a skimming device with criminal intent to commit identity
theft a felony under RCW 9.35.020. This statutory change will strengthen prosecutorial tools in all jurisdictions
in Washington. Skimming has increasingly become a problem in identity theft cases. Skimming devices allow a
person to obtain financial and personal information directly from credit and debit card magnetic stripes. There
are legitimate reasons to use skimmers, such as when small businesses use such devices on mobile phones
to sell goods and services. However, identity thieves also use skimming devices in conjunction with card re-
encoders to retrieve an individual's financial information to make counterfeit credit cards. Currently, the only
charge available for possessing a skimmer with intent to commit a crime is Attempted Identity Theft in the
Second Degree, a gross misdemeanor. The task forces believe this is an inadequate charge for such a
sophisticated crime.



 FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                                             9
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Appendix A: Task Force Members
Table 1: Greater Puget Sound FFIT Task Force Members

Entity                                 Representative
King County Prosecuting Attorney's     Patrick Hinds, senior deputy prosecuting attorney
Office                                 GPS-FFIT Executive Board Co-Chair, Grantee Representative

                                       Mitch Mondala, BECU Security - Financial Crimes Unit GPS-FFIT Executive
Boeing Employees Credit Union
                                       Board Co-Chair

                                       Lieutenant Tim Gately
Redmond Police Department
                                       GPS-FFIT Executive Board Secretary

Pierce County Sheriff's Office         Teresa Burg, sergeant

Pierce County Prosecuting Attorney's
                                       Brook Burbank, deputy prosecuting attorney/assistant chief criminal deputy
Office

Columbia Bank                          John Fick, vice president/fraud investigations unit manager

Snohomish County Prosecutor's Office   Michael Held, deputy prosecuting attorney/chief of staff

SeaTac Police Department               Jon Mattsen, chief of police

Sound Credit Union                     Angie May, senior fraud investigator

Washington State Attorney General's
                                       Michael Stanley, assistant attorney general
Office


JP Morgan Chase                        Barbara Tainter, JPMC Security - National Vulnerable Adult Investigations


Bank of America                        Tim Whitesitt, vice president/senior investigator

United States Attorney's Office        Vacant (TBD)

Local law enforcement                  Vacant (TBD)

Federal law enforcement                Vacant (TBD)




 FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                                                  10
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Table 2: Spokane Regional FFIT Task Force Members

 Entity                                            Representative

 Spokane County Sheriff's Office                   Rob Sherar, inspector


 Spokane County Prosecutor's Office                Steve Garvin, senior prosecutor


 Spokane Police Department                         Brad Arleth, captain


 Spokane Teachers Credit Union                     Jim Fuher, fraud prevention manager


 Washington State Attorney General's Office        Mark Porter, investigator


 Small Towns and Cities Representative             Vacant (TBD)




 FINANCIAL FRAUD AND IDENTITY THEFT INVESTIGATION AND PROSECUTION                        11
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