Unauthrorized Use of a Social Security Number to View Financial Accounts
My question involves criminal law for the state of: MN
My husband reported this incident to the local police and the county attorney stated he cannot find a law or statute to charge her with. I am looking for advice as to HOW someone can access, or makeup an online account (recieved all the email notices)connected to a 529 plan held to a national bank by using his account number and entering his SS number to gain access to this financial information.... and this is NOT CHARGEABLE?
The AFunds lady did close the online access but she stated that his ex wife has had opened it last dec. and last accessed it online sept 3rd. She gave us the IP address which went to her computer...but the police are not chargeing because she did not ACTUALLY pull any funds out.. so it is not a THEFT, ie ID theft, it is not a FRAUD, becuase she did not OBTAIN funds. So i guess ANYONE can look at banking info and use their SS number without authorization and will not be charged. sick.
I contacted the FBI, and they said the same thing. I called the state attorneys office and they gave me the statute for ID theft.
The piece that is possible to charge is that she went into our local small town bank and talked to the financial advisor to try to pull the funds out. Althought she was not successful, because it is in his name.
Is this not a computer crime? impersonation? The banks have laws, but if a "person" off the street does this, they are not legally doing anything wrong. Please advice on what direction I can go here...yes, i reported it to the SS office, the OIG, and contacted FBI
Re: Unauthrorized Use of Ss Number to View Online Financial Account
I suspect there is some law that covers this but if the authorities that would be charging her have chosen to not investigate I any further there isn't much you can do about it. I suspect t their position is that he wasn't damaged by the intrusion and have chose to not seek to push it any further.
Re: Unauthrorized Use of Ss Number to View Online Financial Account
Quote:
Quoting
jk
I suspect there is some law that covers this but if the authorities that would be charging her have chosen to not investigate I any further there isn't much you can do about it. I suspect t their position is that he wasn't damaged by the intrusion and have chose to not seek to push it any further.
There is also the potential issue of it perhaps being a 529 plan for their mutual child.
Re: Unauthrorized Use of Ss Number to View Online Financial Account
Quote:
Quoting
llworking
There is also the potential issue of it perhaps being a 529 plan for their mutual child.
I suspect that is a key part of it!
I have not read the MN statutes, but, one of the elements of most any fraud is the intent to profit from it in some way. There MAY be some computer access crime that was committed when providing someone else's SS# ... maybe. Only if they pretended to be someone they weren't. If the entry was, "Father's SSN" then the entry of that number would not have been false. Now, if the suspect checked a box stating that they had permission use the financial and personal info of someone else within the application or request, then that might be a crime ... maybe.
Bottom line, as others have said, if the police won't investigate and the FBI doesn't care, then your hubby is dead in the water from a criminal perspective.
But, the SSN info wouldn't matter if the account is also password protected. Hopefully he has changed he password if he can.