Hardly a day goes by without a story of a major data breach on a business, government agency or individual. And, like seeing reruns of the same old television series over and over again, I think that most of us grow tired of being lectured for not paying enough attention to computer security.

“Lana” felt that way, writing, “I ignored the advice about computer and mobile device security, feeling scolded every time I heard a recommendation. And then I got hacked, became an identity theft victim, and it took me two years to clean up the mess.

“Dennis, with your sense of humor, why not write an article telling people how to be hacked? I’ll bet that will get their attention.”

With that request in mind, I asked Paige Hanson, Chief of Cyber Safety Education at NortonLifeLock to explore the ways of getting hacked and becoming a victim of identity theft.

We Leave Digital Trails Which Tell All About Us

“We are producing more data about ourselves than ever in the past which leaves a digital trail that is vulnerable to being compromised,” Hanson points out, and highlights some of the ways we make it easier for a fraudster to take control of our digital world:

1 – Take all surveys of your likes and dislikes.

Consequences: By responding, you have revealed significant personal information about yourself which establishes knowledge based authentication. A fraudster now has your email address and sends a “Forgot my Password” mail which says, “Answer these security questions to be sent your password.” It asks for your mother’s maiden name, your first car, first pet’s name, and when you answer honestly, you are making it easier for your accounts to be taken over.

2 – Keep your social media privacy setting set to public.

Consequences: This will make sure everyone knows what you are doing, every photo you post, who your friends are, all of the personal details you share and possibly where you live. A hacker will have complete access to the personal details making you an easier target for identity theft.

3 – Don’t update your software – your phone’s operating system, home computer, or your apps. Absolutely do not keep your virus software current!

Consequences: One of the most common ways cyber criminals gain access to your systems, aside from clicking on malicious links, is through out-of-date software. As software companies discover flaws in their system, updates are issued. By not installing them, you are open to being hacked. Out-of-date software invites malware infections and other cyber issues, such as ransomware.

4 – Do not password protect your smartphone or mobile devices.

Consequences: You get coffee at a restaurant, leaving the device on a table. With no password, anyone who steals it will have instant access to all your personal information.

5 – Have the same user name and password for all the sites you visit.

Consequences: If fraudsters acquire that information, they will use it on popular sites in an effort to gain access to your online accounts. The solution is to use different passwords for each account, and most people don’t do this. A password manager solves the problem.

6 – Transact everything over public Wi-Fi to make sure the owner of the Wi-Fi site can see your online activity, what websites and links you’ve been on.

Consequences: They send you a link concerning something that you were interested in and you click. It is called spear phishing and they’ve now obtained access to your digital life.

7 – Store on your mobile device and physical wallet as much personal information about yourself and family as possible, including Social Security numbers for the family, driver’s license, home address, and so on.

Consequences: That way, if stolen, it will so much easier for the entire family to be hacked!

8 – When working from home, let your children download games, and programs on your work device.

Consequences: They might not be compatible with your employer’s approved downloads and could leave your company vulnerable to being hacked. You could lose your job!

How To Make Things Worse When You’ve Been Hacked

One you have been hacked or data stolen, here’s how to deepen your trouble:

1 – Do nothing. Especially do not contact your lender, credit card company, bank or law enforcement. Remain connected to the internet.

Consequences: You could be held responsible for anything purchased using your identity. Fraudsters will know what you are doing as you’ve just made new friends and given them your user names and passwords.

2 – Do not back up your files with an external hard-drive, thumb-drive or into the cloud.

Consequences: In the event of a ransomware attack, you could be paying the scammers a great deal of money!

Concluding our chat, Hanson offers this warning:

“Anyone can become a target.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post How to get hacked and become an identity theft victim appeared first on Dennis Beaver.

You may have heard advice from your insurance agent: “If you ever have a burglary or your property is vandalized, please report this to me at once.”

But is this always good advice?

Southern California longtime reader, “Anne” had that very question for me several hours after, “I was jolted awake at 3:30 in the morning by a phone call, from M&S Security, advising that the alarm had gone off at my office.”

After inspecting the office with their patrol officer, it was clear that nothing had been taken or disturbed, with the exception of the damage caused as the would-be burglar tried to get inside:

–The front door safety glass had been shattered in a failed effort to gain entrance.

–Screens were removed from windows.

–As an employee had forgotten to lock the deadbolt on a French door, the burglar succeeded in kicking it open which set off the alarm, sending him running and causing minor damage to the door frame and lock.

“It was property damage only–vandalism–and I immediately made a police report. Should I also inform my insurance agent?” she asked.

To notify or not to notify your insurance agent, that is the question and it has potentially significant consequences. I’ll have the answer in a moment, but for now, let’s assume the burglar was successful and things were stolen of considerable value which will be listed in an insurance claim.

Prepare for a Loss Before it Occurs

I spoke with Chula Vista, California State Farm Insurance agent Bernardo Vasquez who is in a unique position when claims of this nature are made. While now an agent who sells insurance–and loves being his own boss–he explains that “My first 18 years were as an investigator, working all facets of claims, auto, fire, commercial, litigation, and catastrophes.”

Vasquez points out that claims are paid, “Based on proving what was there, what was lost. That is the greatest challenge a business or homeowner will face in what is an enormously stressful time. So, to minimize the emotional impact and be sure that you are able to list everything that was lost, be prepared before the event occurs.”

And how can you prepare for that potential loss?

“As no one can remember everything, by having an inventory of what you owned, what was in the office or home–before it is needed–this helps to assure that your claim will be correctly paid and will reduce the mental strain which is often significant.”

He explained that your inventory can be in digital or paper form–but kept off-premises. Use your cell phone to video and photograph the contents in your home or office.

“Keep your sales receipts, and credit card statements which show the purchase, and owner manuals. These things are so valuable–especially 20 or 30 years down the road–and it is a good idea to take photographs of these items with family or employees in the photos to establish authenticity. Show serial numbers of expensive items, like electronics and appliances, as well as their replacement cost.”

Red Flags in the Claims Process

I can’t count the times when clients who had a fire or were burglarized felt they had won the Insurance Lottery, with visions of free money falling from the skies. Informed that padding the claim exposed them to felony prosecution, and that claims adjusters were anything but naive usually was a good wake-up call.

Some chose to ignore my warning, clearly having been standing behind the door when brains were handed out, and expected my office to become their co-conspirator to insurance fraud. They quickly became ex-clients.

“Our ears really perk-up when there are significant inconsistencies, such as things that do not seem to make sense, or something that does not match what was stated in a police report,” Vasquez underscores.

Of the many great points he left with me, one stands out:

“It would be foolish to file a claim that is less than your deductible, and not a good idea where the loss is fairly minimal or the cost to repair damage doesn’t amount to much. Claims can result in a premium increase, and you’ve got to consider that. For major losses, of course, that’s why you have insurance.”

Why You Might Not Even Want to Talk With Your Agent

“Just remember,” stated Albuquerque, NM insurance agent “Sally,” that I work for the company. Many agents will inform the carrier of your loss even if you do not file a claim and your rates will likely be raised! If it is relatively minor, and something you can easily handle out of your own pocket, do not ever notify your agent.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post When You are the Victim of a Burglary Or Vandalism appeared first on Dennis Beaver.

Last time we began our discussion of victim impact statements — often the only chance for crime victims to be present at the sentencing and explain how their lives have been affected.

What if you or someone you know has been a victim, want the court know how this incident has affected you, but you’re just not the greatest writer or public speaker?

“Don’t be discouraged,” Kings County Deputy District Attorney Kathy Ciuffini told me, “there’s help you can expect in putting that statement together, covering important details of what being a victim of this crime has done to you and your family. It is a story that only victims can tell.”

“Include details of physical injuries, long-lasting disabilities, the emotional impact on your life, financial costs, and where a death resulted, it is so important to talk about that person, the life they led, and how their loss has affected so many people.”

Kathy added something which I heard from every defense attorney and prosecutor I spoke with, both in California and in other states:

“Judges place a great deal of emphasis on these statements. No matter how many criminal cases a judge hears, still, having the victims in court, listening to what this horrible event did to them, well, it has the power to alter what the court had initially told the lawyers what the sentence would be.”

Having the right to make a victim impact statement requires knowing what should not be said.

“It is important to realize that a poorly prepared or delivered statement can have a very different result from what was intended,” Eureka based defense attorney Greg Rael stressed when we spoke recently.

He added, “It can backfire.”

“In cases where victims are so angry that they appear irrational, or their sense of reason is overwhelmed by emotion, I have seen judges have great doubts about the entire case — even about the defendant’s guilt — rejecting plea bargains, sending the case back for trial or further discussions with the D.A.”

However, the Kings County Deputy DA. feels that the overall benefit to the victims far outweighs any damage which might be done to the case itself.

“Even the most dysfunctional, angry victim should not be discouraged from making a statement, especially if it is the mother of a child who was molested,” she strongly maintains.

“Experience has proven it is so important that mom tells the court what she feels should happen to the defendant. It is part of the healing process, allowing her and perhaps other family members to say to the defendant what they want that person to hear. It is therapeutic, it’s closure for them.”

There was general agreement among the prosecution and defense attorneys I spoke with that it’s not a good idea to bring young victims into court at the time of sentencing. Deputy D.A. Ciufinni explained why:

“I would not encourage the family of a very young molest victim to bring the child to court. It is traumatic enough for a child to be in a courtroom as this isn’t an everyday experience. When children see the person who molested them, they are going to relive that trauma.”

“If it was a family member who molested them, now here is the child in court, facing family members from both sides. What will that poor little victim conclude? The answer is clear. My uncle, or brother, or whoever it might be, is trouble because of me.”

In researching this story, what impressed me most of all in my discussions with D.A.’s and defense counsel was their shared belief in just how important it is for victims to be aware of their right to stand up and make their feelings known.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post A further look at impact statements – Part 2 appeared first on Dennis Beaver.

Imagine that a family member was seriously injured in an accident with a drunk driver. Not just any drunk driver, but someone who, over the past 20 years picked up several DUI’s, driver’s license taken away, but they kept on driving. And drinking.

I can tell you as a former Deputy D.A. and from my years in the general practice of law, such people do not deserve sympathy. Addicted to alcohol they may well be, but nothing forces them to drive while drunk. They do so, fully aware of just how dangerous it is, but they don’t care. They belong in jail or state prison, for a long time.

So, now, in your case, the defendant went on trial and was found guilty. Sentencing is a few weeks away. As a direct victim of that person’s criminal behavior — you can do something to help keep this person behind bars. You do it through active participation in the Criminal Justice Process, in particular, with the Victim Impact Statement. Research has shown that presenting a statement in court — either in writing, or reading aloud — can have a significant effect on what that judge does.

But it wasn’t always that way. Beginning in the 1980’s victims of crime were given the right to have a voice in the sentencing stage of a case. Prior to that time, in most jurisdictions, victims had no rights at all to make the consequences of that crime clear to the judge. It was thought that the Prosecuting Attorneys would speak for the victim. Sometimes, they did a good job of it. On occasion, they did not.

“This is your opportunity as a victim to help the judge understand just how your life and the lives of others have been affected. It is your only chance to paint a word picture of your lives before, and afterwards at the sentencing. By being present in court, facing the judge and defendant, you have far more power to see to it that justice is done,” Eureka Criminal Defense Attorney, Greg Rael told me when I asked his feelings about the importance of the Witness Impact Statement.

“In felony cases, judges are required to recite on the record what they have read in the court’s file, which forms a basis of their sentence. Even though judges have usually considered all of the written materials, there is no substitute for a personal appearance in court,” he maintains.

“The personal appearance of a victim in court can have a substantial impact on the judge, far exceeding what a written statement alone can do. This is true even if the victim or family is just sitting in court, for, when the Judge is aware of their presence, the chemistry changes,” he points out.

“Obviously, being in court at the time of sentencing and, realizing that you could be speaking to a packed courtroom can raise some nervousness issues, especially if you are uncomfortable with public speaking. In reality, victims should not be concerned about their lack of public speaking experience. The judge will be much more interested in the sincerity of your statement, and will not be influenced by your being nervous or inarticulate,” he stressed.

“Interestingly I have seen cases where the prosecutor’s position on the case did not represent what the victim was hoping for. Also, I’ve seen many cases in which it was important to the victims that the sentence reflect their sense of fairness and that the sentence not be too lenient or overly punitive,” Attorney Rael observed.

“The whole principle of victim’s rights assumes that a victim might have a different point of view than the D.A. We find this to often be the case where a 17-year-old girl has had a sexual relationship with her adult boyfriend. Even though a 17-year-old cannot legally give consent — it’s often a situation where she is far more mature than her parents realize. She never wanted anything bad to happen to him — but here he is, facing sentencing for what is commonly refer to as Statutory Rape.”

“Her parents and the D.A. want the guy to go to prison, but not the young lady. Being in court, explaining her beliefs, and showing herself to be emotionally mature will be critically important to the actual sentence,” Mr. Rael concluded.

Now, you might wonder if it is always a good idea for the victim to make that statement. We’ll look at what can go wrong next week.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post What is a victim impact statement – Part 1 appeared first on Dennis Beaver.