By Bill Parry
Manhattan District Attorney Cyrus Vance Jr. is joining state Sen. Jose Peralta (D-East Elmhurst) in urging the Assembly to pass legislation to combat identity theft by expanding the state’s “enterprise corruption statute” to include cybercrime and identity theft-related offenses.
The bill, S.1301-A/A. 938-A, was previously passed by the state Senate in 2015 and again in 2016. It has not come up for a vote in the Assembly yet.
“As gangs and organized crime syndicates are becoming more and more involved in perpetrating computer crimes, money laundering and identity thefts, this legislation will provide a much-needed and common sense tool for law enforcement,” Peralta said. “As is often the case, the law has not kept up with technology and currently, New York state’s enterprise corruption statute excludes a broad range of these crimes from its coverage.”
The Organized Crime Control Act now provides increased penalties for patterns of repeated criminal activity—as defined by three or more criminal acts committed within a five-year period—carried out in connection with a structured criminal enterprise. Criminal acts covered by the OCCA include many financial and economic offenses but do not, importantly, cover identity theft and related crimes.
Cybercrime, however, is one of New York’s most pervasive and fastest growing crime types, and the harm caused to victims is significant whether they are individuals or entire organizations.
“Computers are part of our daily lives, and sadly criminals use them to steal both our money and our identities,” Peralta said. “My bill has passed the Senate several times, including during this year’s legislative session that is now coming to a close. The clock is ticking, and it is my hope that the Assembly will step up to the plate and take up this important legislation.”
The bill expands the OCCA’s definition of a criminal act to include identity theft and related offenses. including unlawful possession of personal identification information, computer tampering, unlawful duplication of computer-related materials, criminal use of an access device, and unlawful possession of a skimmer device, among others. The legislation follows the recommendation of the White Collar Task Force, which Vance convened during his tenure as president of the District Attorneys Association of the State of New York
“New York State has done little to adapt existing laws to a changing criminal landscape, which means that we are effectively fighting 21st-century crimes with tools from the 1970s,” Vance said. “I thank Sen. Peralta for his leadership and collaboration on this legislation, which will enhance prosecutors’ ability to build a strong case against cybercriminal operations, and I strongly encourage the Assembly to pass it.”
Reach reporter Bill Parry by e-mail at bparr
