Posted on 11/30/2010 11:19:48 AM PST by moonshinner_09
Is using a forged Social Security Number -- but your own name -- to obtain employment or buy a car an identity theft crime? Lately, U.S. courts are saying it's not.
The most recent judicial body to take on the issue, the Colorado Supreme Court, ruled last month that a man who used his real name but someone else's Social Security number to obtain a car loan was not guilty of "criminal impersonation," overturning convictions by lower courts.
That follows a ruling last year by the U.S. Supreme Court that a Mexican man who gave a false SSN to get a job at an Illinois steel plant could not be convicted under federal identity theft laws because he did not knowingly use another person's identifying number. The ruling overturned an opinion by a federal appeals court in St. Louis -- and contradicted earlier findings by circuit courts in the Southeast, upper Midwest and the Gulf states.
It hasn’t been a shutout for identity theft prosecutors, however. In July, an Iowa state appeals court came to the opposite conclusion, affirming a lower court decision that a man who used a California woman's SSN to obtain employment was guilty of breaking that state's identity theft law.
(Excerpt) Read more at redtape.msnbc.com ...
You’ve got to be friggin kidding me?
Fine, issue all the supreme court’s SSN’s. No names though. Let all the illegals use them.
Just in time for Meg Whitman’s maid, if Calif. uses the decision as persuasive authority.
If the use of the number can cause problems for the rightful owner, then its use damned well ought to be a crime!
The court must have used the new Obama rule.
All the protection in the world for the illegals and the lawbreakers and the fraudsters; none for the rest of us. Tipping point reached and exceeded.
Good point. How many of them did Obamma use? Somewhere I read it was around 20.
I heard his Commie mother had a few also....
Identity theft is legal now????
Even if it doesn’t cause problems for the real owner of the number it should be a crime. It’s like stealing a government seal - impersonating the government by making up a number for yourself when you don’t have one. And the reason you don’t have one is because you don’t meet the requirements to have one. To make up a number is to pretend to have government authentication when you don’t. It’s perjury. Or should be if it’s not.
Did they ever find out whose SSN Hussein has been using?
I would imagine if it was a straight whitey “Christian” male doing this, it would be a crime with a very severe punishment.
So in relative terms, as long as you use someone elses drivers license number for an ID, that’s ok too!
Huh???
BUT, every load application that I have ever signed, includes the statement that I'm providing information under penalty of perjury. I wonder if there were any perjury charges, and if there were, did they stick. And, if there weren't, why not.
Whatever the case, it sounds like the Colorado legislature needs to get to work, writing better legislation.
NATION OF LAWS?
From what I’ve read, it causes incredible problems for the rightful owners. I’ve heard of people having to spend thousands of dollars, of not being able to get their income tax returns, their lives totally messed up and it taking YEARS to straighten out, if ever. And look at all the stuff we have to go through to avoid this calamity...shredding all our records, protecting ourselves online, etc. But using someone else’s number is “not a crime”? Further proof that we citizens and legal immigrants are nothing more than suckers and saps. Once again, we must suffer and sacrifice for the “precious people,” who cannot even be insulted or inconvenienced by being accused of a crime.
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