Thread: OUTRAGE! No added jail time for five in ID case

No added jail time for five in ID case
Authorities say they used others' Social Security numbers

By Kim Smith
ARIZONA DAILY STAR
Tucson, Arizona | Published: 08.19.2008

Five of 11 Panda Express employees who pleaded guilty last month to criminal impersonation were sentenced Monday to the time they've already served in jail.

Their charges were designated misdemeanors by the court.

One of the five was also ordered to perform 100 hours of community service, said Assistant Attorney General John Evans.

The remaining six will be sentenced later, Evans said.

According to court documents, the Arizona Department of Public Safety received a tip in December 2007 that Marlen Yobana Moreno-Peralta, 24, had gotten a job at the Panda Express, 2485 N. Swan Road, Suite 101, using a fictitious Social Security card.

Authorities obtained a list of all of the employees working at the restaurant, along with their Social Security numbers.

An investigation revealed 11 of the employees were using Social Security numbers that didn't appear to be associated with their name, and they were arrested on March 18, Evans said.

All 11, who are also suspected of being in the country illegally, were indicted on a single count each of aggravated taking the identity of another but pleaded guilty last month to criminal impersonation.

On Monday, Pima County Superior Court Judge Frank Dawley had to decide whether to place the defendants on probation or sentence them to up to two years in prison. He also had to decide if the crime should be designated a felony or a misdemeanor.

All of the defendants' attorneys told Dawley their clients never intended to hurt anyone — they just wanted to work so they could provide for their families. At least two of the defendants sentenced Monday came to the U.S. as children and graduated from local high schools.

During Monday's hearing, Pima County Legal Defender Isabel Garcia, who represented Moreno-Peralta, called the three-month investigation a "waste of taxpayer money."

Illegal immigrants have contributed $200 billion to Social Security and it is because of them that baby boomers will be able to collect Social Security upon retirement, Garcia said.

Moreover, they have also paid local, state and sales taxes — taxes that "contribute to the well-being of all of our society," Garcia said.
Generations of people have bought or created Social Security numbers, but it's only recently become a crime, Garcia said.

The Social Security number that Moreno-Peralta used belonged to a dead person; no one was hurt, Garcia said.

According to court documents, Moreno-Peralta told probation officers she was told the number was fictitious. She also said she didn't remember how much she paid for the card or who told her how to obtain it. She said she didn't realize obtaining the card was a crime.

Moreno-Peralta came to the U.S. with her family 11 years ago. She possessed a border- crossing card at the time and entered the country legally, court records indicate.

Evans said investigators were unable to determine where the defendants got their Social Security cards and declined to comment when asked if there is an ongoing investigation.

At least one of the Social Security numbers belonged to a Las Vegas resident, Evans said. Other numbers had not been assigned.

Most of the defendants were released from the Pima County jail on their own recognizance because they have been in the country more than five years, are in the process of obtaining their citizenship and have family members who are U.S. citizens. They also have no prior criminal records.
Several of those released from the Pima County jail were then taken into custody by the federal Immigration and Customs Enforcement agency.
One of those sentenced Monday has been returned to Mexico
and "appeared" in court by telephone. Of the remaining 10, four are in federal custody, four have posted federal bonds and the status of the other two was not available.

Earlier, Evans said the plea agreements saved the state the expense of going to trial and allowed the defendants to begin their fight in immigration court.

"This is an identity-theft case, not an immigration case," Evans said. "Our priority is people who steal identities."

In addition to Moreno-Peralta, those sentenced Monday were Artemio Marin Bustamante, Rosa Nohemi Gutierrez Parra, Omar Alfredo Espino-Lara and Francisco Domingo Mondaca-Duarte.

The six remaining defendants are Roselia Araceli Torres-Ruiz, Jose Guadalupe Pichardo-Rivera, Juan Alejandro Fontes-Trujillo, Rudy Garzal-Salas, Dario Cruz Diaz and Norberto Ochoa Hernandez.
http://www.azstarnet.com/allheadlines/253416

DO WHAT!

STEAL AND DEAL IS THE GAME HERE.

During Monday's hearing, Pima County Legal Defender Isabel Garcia, who represented Moreno-Peralta, called the three-month investigation a "waste of taxpayer money."

Illegal immigrants have contributed $200 billion to Social Security and it is because of them that baby boomers will be able to collect Social Security upon retirement, Garcia said.

Moreover, they have also paid local, state and sales taxes — taxes that "contribute to the well-being of all of our society," Garcia said.
Generations of people have bought or created Social Security numbers, but it's only recently become a crime, Garcia said.

The Social Security number that Moreno-Peralta used belonged to a dead person; no one was hurt, Garcia said.

This is the same Garcia that did the Sheriff Arpaio effigy debacle no? Defense attorneys will say anything.

Mapwife? How is that going to get her out of office.

What do we counter with when they say they are hurting no one, it's the number of a dead person...yada yada.

Most of the defendants were released from the Pima County jail on their own recognizance because they have been in the country more than five years, are in the process of obtaining their citizenship and have family members who are U.S. citizens. They also have no prior criminal records.

Question, how can folk residing in the country illegally be in the process of obtaining "their" citizenship? The first step in obtaining citizenship is a green card, which these people did not have. Furthermore, it's not "theirs" if they haven't got it!

Additionally, I've always been of the opinion that those who have been here the longest should be the ones punished the harshest. Where am I missing the boat on this? Common sense dictates that a long-term law breaker deserves harsher treatment by our judicial system than someone new to the game. Can someone please make sense of this for me?

The Social Security number that Moreno-Peralta used belonged to a dead person; no one was hurt, Garcia said.

Society at large is "Hurt" when we continue to excuse this behavior as it undermines the averages persons faith and trust in our laws, those who enforce those laws and the overall belief that equitable treatment is a foundation of our judical system!

That's who and what is hurt when illegal invaders commit crimes and suffer little or no legal consequence!

The Social Security number that Moreno-Peralta used belonged to a dead person; no one was hurt, Garcia said.

Integrity of our laws was diminished. Also, try telling that line to the dead person's family, Garcia. See what they say you idiot.

Illegal immigrants have contributed $200 billion to Social Security and it is because of them that baby boomers will be able to collect Social Security upon retirement, Garcia said.

Who do you think pays for the education, healthcare, incarceration, etc.. of all these "hard-working" illegal aliens? There IS NO WAY the costs will ever balance the intake.

Generations of people have bought or created Social Security numbers, but it's only recently become a crime, Garcia said.

Oh, is this another one of those funky made up laws that pertains only to illegal aliens?

Moreno-Peralta came to the U.S. with her family 11 years ago. She possessed a border- crossing card at the time and entered the country legally, court records indicate.

Don't those border crossing cards ever EXPIRE?

"This is an identity-theft case, not an immigration case," Evans said. "Our priority is people who steal identities."

EXCUSE ME! This IS a stolen identity case, you bonehead!

Lord have mercy! What has become of logic and common sense?

This is why we have so many here. There is rarely a penalty. I don't understand it either.