IDENTITY THEFT PROVES TOUGH CRIME TO CRACK

Last fall someone using the name Don Schniepp opened two cellular-phone accounts and proceeded to make nearly $1,000 in calls.

It wasn't the real Don Schniepp. The real Schniepp, who lives in Cape Girardeau and doesn't own a cellular phone, didn't find out about how much was owed in his name until a few months later when he began shopping for a mortgage loan.

"We went to the bank and it seemed like no problem," he said. "The loan officer was all smiles and said how nice that we were first-time home buyers."

When the banker returned with Schniepp's credit report, she had lost her smile.

"All we heard was this stream of oh my's,'" said Schniepp.

Schniepp is one of a growing number of people whose names, Social Security numbers and birth dates have been used against them. Illegal credit purchases of all kinds are possible with those three pieces information.

Missouri lawmakers recognized the problem in 1999, when a new criminal statute was added making identity theft a separate crime from fraudulent use of credit, which became a statutory misdemeanor crime in 1977.

The newer statute broadens the old law, Cape Girar-deau County Prosecuting Attorney Morley Swingle said. Investigators simply need to prove someone wanted to defraud or deceive someone else. Swingle said that is easier to prove than fraud, which must show pecuniary gain.

The prosecutor has handled about a dozen identity theft cases since the statute was created.

"It's a complicated and time-consuming crime to investigate," Swingle said. "You have to be able to prove who the ID really belonged to, and you have to show fraudulent intent."

Identity theft becomes harder to investigate when purchases are made by telephone or e-mail, said Lt. Carl Kinnison of the Cape Girardeau Police Department. When someone at some point makes personal contact, the investigation is simpler, he said. When former Southeast Missouri State University basketball player Bobby Smith went to a tire dealer in March and purchased tires for $700 on credit using another man's identity, he was arrested nine days after buying the tires.

Three cases pending

Three cases of identity theft are pending in the county, Swingle said. The most recent involves 62-year-old Bobby Joe Arnold of Jackson, Mo., who police say purchased two pickup trucks and a Lincoln Continental using his brother's Social Security number. Arnold will appear in court Monday. His brother, who lives in Puxico, Mo., is partially disabled from a brain aneurysm, police records state.

Arnold was charged with two counts of forgery, a felony punishable by up to seven years in prison, and identity theft, which on a first offense can result in six months in jail. A second identity theft conviction is punishable by up to one year in jail, and a third offense provides a maximum five-year prison sentence.

The person who used Schniepp's identity to get cellular phones hasn't been caught. After a six-month process to remove the bad credit from his name, Schniepp feels like he has been punished.

"All he needed to prove he was me was my name and my Social Security number," Schniepp said. "I've had to show a lot more than that to get this corrected."

Pay stubs, utility statements and police reports were mailed to the cellular-phone company's collection agency. Schniepp sent twice as much information as they asked for, he said, and more than once he was told he hadn't sent the correct documentation.

Insurance available

Insurance offers some protection against identity theft, said Randy McConnell, spokesman for the Missouri Department of Insurance. Typically, identity theft insurance is linked to a homeowner's policy and covers up to $1,000 in losses. The policy includes protection if an ATM card is used illegally, check forgery, counterfeiting and credit card fraud.

But it's not advisable for everyone.

"Identity theft would be a policy that would usually be more attractive to high-end consumers," McConnell said. "In other words, they have a lot to protect. However, in a smaller community it would be a little bit harder to steal their identity because they would be so well known."

Schniepp doesn't carry insurance against identity theft, and he still hasn't been able to buy a house. But he is more careful about his personal data.

"Now when someone in a store asks me for my Social Security number, I say no," Schniepp said. "Your Social Security number is who you are."

Protecting your identity

* Avoid carrying your Social Security number and driver's license together in your wallet.

* Tear up preapproved credit card offers, bills and documents with other personal information before throwing them out.

* Drop paid bills directly into U.S. Postal Service mailboxes rather than in your home mailbox.

* Regularly check your credit report for unusual activity.

Source: Travelers Property Casualty Corp.