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Don't Be A Victim Of Identity Fraud

What is identity fraud?
Identity fraud is when someone impersonates someone else in order to secure a benefit.  Usually, the impostor unlawfully obtains personal identifiable information belonging to an innocent party and uses it to open bank account, apply for credit card, assert ownership over property, or obtain goods or services. 

How does identity fraud affect the legal profession?
Lawyers often fall victim when witnessing documents for non-clients and in conveyancing transactions where they act for the purchaser and the impostor is usually the vendor.  This sometimes leaves lawyers exposed to allegations that they had been negligent in verifying identity. 

How is a person's identity verified?
Presently, the identity of a person is verified by sighting a primary identifier (eg National Registration Identity Card ("NRIC") or passport) that contains personal information of the person whose identity is being verified.  No other document is requested or needed. 

What are the risks in relying solely on a primary identifier?
In most cases, an impostor only has to produce a forged NRIC or passport in order to establish false identity. 

What can be done to reduce the risks?
There is a need to cross check personal information on the NRIC or passport against other documents that contain similar personal information, for example, a driver's licence or bank statement.  This will make it difficult for the impostor to perpetrate the fraud and increase the likelihood of detection.  To this end, a 100-point identity check is set out here[1]

The Checklist is intended to assist lawyers or their staff in verifying identity of clients and non-clients in the course of their work. 
 
To successfully complete the process, the person whose identity is being verified will need to provide sufficient documentation to be awarded 100 points, and allow the person undertaking the verification to confirm the personal information required under sections A and B. 

How to complete this Checklist:
  • Record the points scored for the checks carried out.
  • Total the points scored.
  • Take copies of the documents sighted.
  • Indicate if verification has or has not been achieved.
 

[1] This Checklist was adapted from the Australian Financial Transaction Reports Act 1988.

While all care has been taken to ensure information is accurate, the checklist is only intended as a guide.