Burden of Proof with Identity Theft

Victims of identity theft often feel victimized twice when identity theft happens to them.

We are all familiar with our legal system where the burden of proof is up to the prosecution for the people and you are innocent until proven guilty.

But with identity theft you are guilty or liable until you prove your innocence.

It doesn’t really seem to make sense but if you look at the logic, it does make sense. Although it puts the victim in a difficult, tedious, and time consuming position of defending themselves while all the while feeling violated because they are a victim.

Our financial system is set up and regulated by the federal government to provide easy and convenient transactions to keep the economy moving along without interruption. You can thank federal laws that limit your exposure to credit card fraud. They enacted those laws long ago to make people feel comfortable with using credit cards when they were first introduced. If people felt liable they would have been reluctant to use the system. Now our economy is completely tied to credit.

Those laws are visible in other areas as well. Take check cashing scams for example. The thieves take advantage of federal laws that require funds for checks to be made available quickly again, to keep the flow of commerce moving. People get taken due the expediency that banks provide funds for check presented, but then find out weeks later that the check was returned as a fraudulent device. You become ultimately liable for any fraudulent check that you present for funds.

In both cases of checks or credit cards you were given the benefit of the transaction in real time while it may be quite some time before the bank or you determine fraud has occurred. In the case of credit card fraud you need to prove that you did not actually make the fraudulent charges and with a check the bank relies on you to know who you are conducting business with.

The banking system really is set to benefit you, so when something goes awry you need to prove you were not involved. Most people never consider that when they conduct transactions. Who is to say that you where not involved in a fraudulent transaction and were not colluding with the perpetrator from the start.

If you become a victim of identity theft, you are really a victim in the eyes of others only after you prove it, and that will never feel good.

Can Check Fraud Become Obsolete?

I am still amazed as I stand in any line at a store and the person in front of me pulls out a checkbook and writes a check, has to dig out a shopper ID card or some other form of ID, then hands it to the cashier. The cashier, with a puzzled look, takes all the documents and writes down information on the check. The cashier hands any ID back to the patron then sticks the paper check into the register 3 different ways.

At about the midway point through this production, I realize why I don’t write checks anymore and the person who invented the debit card should win the Nobel prize. What an incredibly antiquated and outdated system that is still being used by millions of people despite all the pitfalls.

Beyond the fiasco at the register, look at what else this dinosaur system burdens us with:

The number of checks stolen or forged each year is about 500 million checks and over $10 billion in lost revenue. Check fraud in itself is expected to grow at a rate of about 2.5% each year.

The average number of fraudulent checks written daily is about 1.4 million equaling $27.3 million worth of fraudulent checks written everyday.

According to the National Check Fraud Center, check fraud and counterfeiting are the largest and fastest growing problem that the United States financial system now faces. The estimated losses produced annually are over $10 billion and is expected to continue to rise.

Sure checks have their place in very few instances but these statistics coupled with the surge in identity theft, makes me wonder why the banks and other businesses still embrace them.

Why does the public still embrace them as well? The alternative for many will result in anxiety and fear. Debit cards with PIN numbers, all the talk about loosing information in data breaches, plus identity thieves looking over my shoulder at the checkout, all give the feeling of fear.

Reality paints a different picture, because these are the same people who write checks in regular ink, place them in the mailbox in the morning before work, put that red flag up, and never give a thought that they could be contributing to the above statistics by the end of the day.

What can you pro-actively do to help make check fraud obsolete?

1)Switch to an online billpay system
2)Use a debit or credit card for all merchant transactions
3)Have companies that you pay monthly like a utility debit your checking account


But …..if you must still use checks:

1)Don’t put them in your mailbox in the morning and raise that red flag
2)Lock up all checks and deposit slips in your home
3)Don’t carry a checkbook around in a purse or leave it in your car
4)Use a black ink Bic Rollerball or a gel pen to write out any checks, they can’t be washed off


If your are a victim of identity theft and check fraud is one of the causes:


Report stolen checks, and close unauthorized checking and savings accounts.
If you have had checks stolen or bank accounts set up fraudulently, report it to your bank or to one of the check verification companies listed below. (If a merchant rejects your check, ask for the name of the check verification company.)
When you do contact any major check verification companies listed below, request that they notify retailers using their databases not to accept your lost or stolen checks. Place immediate stop payments on any outstanding checks that you have not written.


• CrossCheck: 1-707-586-0551
• International Check Services: 1-800-526-5380
• National Check Fraud Service: 1-843-571-2143
• SCAN: 1-800-262-7771
• Equifax Check Systems: 1-800-437-5120
• TeleCheck: 1-800-710-9898 or 1-800-927-0188
• Chexsystems: 1-800-428-9623