Posted on 02/19/2005 9:21:39 AM PST by holymoly
LOS ANGELES - A Nigerian man accused of stealing from data warehouser ChoicePoint Inc. information that could be used in identity theft pleaded no contest Thursday and was sentenced to 16 months in state prison.
The case against Olatunji Oluwatosin, 41, was part of a "much larger investigation" into allegations of fraudulent access to the data-gathering company's personal information database, the county district attorney's office said in a statement.
ChoicePoint acknowledged this week that thieves apparently used previously stolen identities to create bogus businesses and open 50 accounts with ChoicePoint. The thieves obtained volumes of data on consumers, including names, addresses, Social Security numbers and credit reports.
ChoicePoint said 145,000 people were being notified by the company that their personal information may have been stolen.
The ring, which operated for more than a year before it was detected, has defrauded at least 750 people, The Los Angeles Times reported, quoting a county sheriff's detective.
Oluwatosin was arrested in a police sting in October. He was found with five cell phones and three credit cards - all in other people's names, prosecutors said.
An district attorney's spokeswoman declined to provide more detail, citing an ongoing probe.
At a midmorning court hearing, Oluwatosin entered the plea to a single count of unlawful use of personal identification, court officials said. He had been charged with multiple counts ranging from making a false financial statement to possessing a fake driver's license.
Los Angeles Superior Court Commissioner Paul Enright gave Oluwatosin credit for 180 days served in custody.
Oluwatosin, of North Hollywood, did not admit to any wrongdoing and did not agree to help authorities with their investigation, said attorney Michael R. Enger.
"He's not cooperating in any way," Enger said.
Alpharetta, Ga.-based ChoicePoint initially only notified 35,000 people in California of the identity theft threat because the state has a law mandating the companies possession personal information must notify people if it is compromised.
The company said it decided to expand its warnings beyond California after learning that the fraud ring appeared to be a national operation.
Is the criminal be deported?
I totally agree about the Social Security numbers. Speaking from experience from Identity theft and having our bank account robbed, there are such major problems and so many holes with business' that hold our information. BJ's at one time was hacked and someone took off with hundreds of credit card numbers. I know it happens but it's so easy for the hackers right now.
I submit that the unique collection of data and facts associated with an individual's unique identity is proprietary and therefore subject to copyright and/or intellectual property protections.
Given this, then, there are royalties owed to individuals whose data has been collected and traded for profit by concerns whose primary source of revenue is that practice. Seems like a fine basis for a class action suit to give ID protection laws the teeth needed.
I'd like to meet a lawyer possessing the principles and balls to build the case.
WTF. 16 months in jail. What about restitution AND cooperation in return for such a light sentence. On the other hand, maybe he is cooperating and they are trying to give cover - Who knows.
This is the future. It's no safer than 150 years ago when you had to keep your money in your mattress because you couldn't trust the banks.... except this time it's not just the cash you have in one place that gets stolen, it's your whole economic life that gets ruined by the theft.
There should be heavy penalties for the thieves. I don't think there should be penalties for the credit companies except when they fail to immediately report the theft - you don't want to do anything that discourages them from publicly announcing the problem. If there's any incentive to hide it, they will.
On the other hand, they (Financial Companies) need STRONGER incentives to keep this information secure. IMO It is their negligence that disrupts many financial lives and, at present, these companies appear to escape responsibility for their failings. Why should the burden of the consequences of their negligence fall completely on the shoulders of their innocent, already victimized, customers?
Until the penalty fits the crime, this kind of identity theft will flourish. Sixteen months means he will actually only serve eight months minus credit for time served, so five months is a good guess. Figure how much money can be made by one of these capers divided by the actual time behind bars and this turns out to be a very well paying profession. Even copping a plea, this should have been grand theft and five years.
There's no word as to his immigration status ... if illegal, he should be facing federal charges; if not illegal, then whatever document supports his being in the US should be revoked, and then he gets deported. A 16 month sentence is WAY TOO LIGHT.
There's no word as to his immigration status ... if illegal, he should be facing federal charges; if not illegal, then whatever document supports his being in the US should be revoked, and then he gets deported. A 16 month sentence is WAY TOO LIGHT.
I think that our penal system is years behind the times, and that identity theft, spamming, and computer malware need to be punished much more severely than they are currently.
You got that right. Kick the potheads out of prison and throw the key away on white collar fraud artists. Put 'em in the general population and give 'em all lipstick!
The fundamental problem is that our system of verifying identity for the purpose of granting credit is based on the ability to provide personal information that only the person himself should know. However, the idea that only Person X should know certain personal information about Person X is a deeply flawed assumption. As far as I'm concerned, a Federal law should be passed that emphatically places all responsibility (including court costs and legal fees,) and the burden of proof, entirely on the backs of those who grant credit based on this flawed assumption.
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