DHS supports police officers in investigating crimes committed with mDLs

The U.S. Department of Homeland Security's Science and Technology (S&T) Division has released a five-page guide for law enforcement officers involved in solving crimes involving a mobile driver's license (mDL).

DHS said the guidance provides a quick “basic understanding of digital evidence that can be collected in connection with a crime in which someone misused an mDL to fraudulently open a personal bank account.”

The Investigation Aid is also accompanied by an Investigation Aid Reference Guide which provides additional details on “relevant evidence”.

The DHS warned that “cases of identity fraud related to digital identities are likely to increase as the use of mDL becomes more widespread. Therefore, investigators must be prepared for this new technology and know what type of evidence can support investigations.”

The DHS said that “recent cases underscore the need to understand how mDLs will impact future police investigations.”

DHS cited a 2020 case in Louisiana that was “one of the first cases in which a criminal used an mDL to fraudulently open financial accounts. The criminal obtained personally identifiable information (PII) from the victim to access the victim's mDL and create additional fake documents (e.g., W-2, lease). He then used that information to open accounts at multiple financial institutions across the state.”

In March 2023, Louisiana man Robert Daniel was sentenced to more than five years in prison for using a state-authorized mDL app to defraud credit unions and banks.

The DHS said investigators had access to key information including:

• Electronic timestamps confirming when the mDL was accessed;
• Video surveillance showing crimes taking place in financial institutions;

The investigation was “straightforward,” according to the DHS, but “many future cases may be less fortunate.”

The DHS Investigation Primer walks the user through three steps relevant to obtaining and using an mDL: opening an account with the Department of Motor Vehicle (DMV), equipping themselves with a digital wallet, and verifying identity with a financial institution. It also walks the reader through the general activities required for the crime.

The investigative aid also provides an overview of possible digital evidence that is only available when using an mDL as opposed to a physical driving license, as well as other relevant evidence that is not only available with an mDL but can support the chain of evidence.

The guidelines cover:

• What evidence can law enforcement use?
• Why is this evidence important to the case?
• Who owns the evidence or who has access to it; and
• How can law enforcement get the evidence?

The investigative guidance also highlights potential challenges in obtaining digital evidence, which DHS called “pain points.”

Article topics

DHS | digital ID | digital wallets | driver's license | fraud prevention | identity verification | mDL | mobile app | United States