Posted on 05/31/2009 6:50:27 AM PDT by Born Conservative
A prosecutor looking for illegal immigrants seized thousands of confidential tax records from an income tax preparer popular with Hispanics in this northern Colorado city.
The October seizures led to identity-theft and criminal-impersonation charges against more than 70 people, and prosecutors allege that as many as 1,300 suspected illegal immigrants were working using false or stolen Social Security numbers.
But the American Civil Liberties Union said the documents of as many as 4,900 people were seized, many of them legal residents, and that the probe was the "equivalent of a house-by-house search of innocent homeowners in order to find a suspect believed to be somewhere in the neighborhood."
Two judges have agreed, ruling that Weld County District Attorney Ken Buck had no probable cause to seize the records. Mr. Buck is appealing, however, and a ruling in his favor could open up a new avenue for prosecuting illegal immigrants.
The charges have been ironic for immigrants like Horacio Arturo Cervantes. The 42-year-old father of four from the Mexican state of Chihuahua said he had been honest about paying taxes, even though he was in the country illegally, because he was hoping for a path to U.S. citizenship.
Cervantes pleaded guilty to identity theft before the judges' rulings, and now faces deportation. He said he pleaded because he wanted to get out of jail and try his chances in immigration court.
"I feel like I'm up in the air, not knowing what's going on, just with a desire to stay here," he said in an interview in Spanish. His next court date is June 23.
Mr. Buck's investigation, dubbed Operation Numbers Game, marked the first time a prosecutor used tax records to charge illegal immigrants with identity theft, according to the ACLU and the Los Angeles-based National Immigration Law Center.
(Excerpt) Read more at washingtontimes.com ...
Cry me a river...
Yeah, I would like to hear that one since the ACLU never identifies anything properly when they go to court.
Yeah, he is honest even though he is a felon for using fake ID./SAR The liberals show no shame in the BS they spin trying to make law breakers seem like poor harmless working people. They are here illegally, they are felons for the most part and many are just downright vicious and violent.
Hiatt’s final day is July 31. Klein’s is June 30.
Judge who halted Weld ID-theft case retires
http://www.denverpost.com/breakingnews/ci_12142089
Did the judge get paid off? Something stinks!!
GREELEY — Judge James Hiatt, chief judge of the Eighth Judicial District in Larimer County, announced his retirement Tuesday, the day after his controversial ruling that halted a major identity theft investigation.
Hiatt’s announcement also comes a week after Weld District Court chief judge Roger Klein said he will retire.
Hiatt on Monday ruled that a Weld County investigation targeting illegal immigrants through their tax records was illegal. Hiatt put a halt to the probe and ordered 5,000 records seized in a search of Amalia’s Tax and Translation Service either be destroyed or returned.
Hiatt was appointed district court judge in April 1986. In 2000, he was appointed Chief Judge.
Thank God someone is at it again, since no one here seems concerned about wholesale invasion of privacy. What, a problem with prosecutors walking in and rummaging through the confidential records of bsuinesses in search of illegal activity. Nothing wrong with that. I see no problem whatsoever. Doctors, lawyers, taxpreparers, marriage counselors, private investigators, yeah, that's the ticket. Maybe we should just require that they set up street side stands with all of their records and open them up to anyone who can make up a good excuse why they need to go snooping.
I really cannot believe that I am seeing this position taken on a forum by people who are supposed to believe we have a Constitution and have it for a reason.
It is a sad sad day when the ACLU has a higher standard of civil liberties than does a crowd of clowns here on FR.
There are legally protected relationships with doctors and lawyers, but is that the same case with a tax preparer?
And you think this idiot should hold public office??? The definition of a confidential record is one in the possession of the government? All records located on private property are fair game?
How do we get people in public office who can invert logic like that, and where do get a passel of fools around here who just nods at this nonsense and says yeah great thinking - go right ahead while I get some popcorn and cheer.
Sheesh. Since when did conservatives all become crack heads?
You have to ask?????
He already has a path. Return home and get in line behind those who are obeying the law.
And it should be.
And you will never be able to touch them because of these antics - poisoned fruit of the forbidden tree. This prosecuter might as well go back to writing parking tickets, because the rightful presumption is that he learned of every single illegal immigrant through unlawful searches and seizures.
I am amazed that this guy got through high school, much less law school and passed the bar.
The Prosecutor had a search warrant. That had to come from a Judge. I fail to see what upsets you about investigating a business that was engaged in covering up illegal activity?
I Agree
It’s not like he picked some tax preparer at random. He found them when he was working on a stolen identity case.
Good he will not be around for the appeal.
Guess his desire does not go all the way to learning the language.
“You have to ask?”
Yes, given what you said, it needs to be asked. And answered.
I think the answer is no.
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