Hoeppner Wagner & Evans LLP

September 2014 Archives

Business Identity Theft

tleeth.jpgBusiness identity theft is a broad term that encompasses a wide variety of crimes involving the unauthorized use of a business entity's identity. For purposes of our discussion, we are not talking about trademark infringement or the illegal use of another company's logo, name or service mark. The true concern here is the same as individual or personal identity theft. The unauthorized alteration of business records filed with the Secretary of State's office in order to carry out fraudulent acts using the business entity. There have been documented cases of business identity theft in more than half of the states. The Indiana Secretary of State's office is not aware of any reported case in Indiana. However, the Secretary of State does indicate that there is no data, poor reporting of this crime and the lack of penalties, regulations or prosecution, and there is likely as lag in the occurrence of the crime and reporting and prosecution of the offense.

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