Thread: Fake ID card sends woman to prison

http://www.t-g.com/story/1184115.html

Fake ID card sends woman to prison
Saturday, January 6, 2007
By Clint Confehr

A woman who was working with a bogus resident alien card at the Sanford plant here pleaded guilty of identity theft Thursday when she was sentenced to a 4 1/2 year prison term.
Shelbyville Police arrested Sara Chavez-Aguilar, 33, of Smith Street after Orange, Calif., Police called about a complaint from Angelica Ortega who was billed by the Internal Revenue Service for taxes owed by Chavez.

Chavez had a "fraudulent resident alien card bearing a legitimate name ... that belonged to another," Detective Sgt. Jason Williams said. "The card was then passed at Randstad [Staffing, the employment agency serving Sanford] ... for the purpose of gaining employment."

Williams' arrest warrant for Chavez was dated Nov. 1. Chavez's case was sent to the grand jury Nov. 7. Ten days later, Sanford asked Randstad to be more vigilant to be sure that workers it provided to make, package and ship Sharpies and other writing instruments are eligible for employment here.

Sanford spokesman Mike Finn on Saturday morning could not immediately link Chavez' arrest with the manufacturer's request to the employment agency, but he issued a statement from the company.

"A temporary employment agency which currently supports our Shelbyville facility recently uncovered some inconsistencies in temporary employee information," Sanford said. "We directed the agency to institute an additional check point up and above the verification of identity as required by law.

"We ... will press our goal of nothing less than 100 percent information accuracy," Sanford said.

Employment of foreigners must be preceded by workers' completion of an Employment Eligibility Verification form from the Department of Homeland Security to be substantiated with documents such as a Social Security card and what's commonly called a green card. Employers are to ensure proper completion of the forms.

Chavez used Ortega's resident alien card in May last year to get employment here, Assistant District Attorney Mike Randles told Bedford County Circuit Court Judge Lee Russell on Thursday afternoon.

Randles also told the judge that when city police went to Chavez's home they found another resident alien card and another Social Security card. The cards bore Chavez's name, but the Social Security card belonged to someone else.

That was in October when police then obtained information from Chavez's employer, Randles said while outlining what the state intended to prove if the case went to trial.

Thursday's hearing for Chavez's plea of guilty and immediate sentencing was conducted with her public defender present and an interpreter who repeated in Spanish what was being said in English.

While Chavez initially replied to one of the judge's questions that she did not understand Randles' summary, Russell asked if she used Ortega's Social Security number. Chavez said yes. Did Chavez have Ortega's permission to do so? Chavez replied to Russell, "No." Nor does she have a Social Security card of her own, Chavez said.

Additional explanations of identity theft were provided in Spanish and Chavez replied that she understood.

Chavez was indicted on 10 charges: Four for identity theft; four charges of criminal simulation; and two alleging forgery. The forgery charge was a result of allegations of alteration of a Social Security card. All but the identity theft charges were dismissed.

Two identity theft charges resulted in two-year sentences each to be served at the same time. The other two identity theft charges drew terms of 2.5 years each but they are to be served at the same time. The two sets of sentences, however, are to be served one after the other for a total of 4.5 years.

Chavez' case file includes an IRS form dated Aug. 21, 2006. It was sent to Ortega and indicated that her 2004 income tax payment was then $231 lower than what the IRS received.

It would appear that the file shows that the IRS in Fresno, Calif., told Ortega that Randstad Staffing Services Inc. paid her $1,665 and withheld $15 for income taxes.

The government forms in the case file also indicate that Ortega earned $23,203 during 2004, but that employers using numbers to identify her reported a total of $24,868 as her 2004 income.

Bedford County Circuit Court Clerk Thomas Smith, who also supervises record keeping for the county's General Sessions Court where virtually all criminal cases start in court, was asked on Friday about the frequency of cases like Chavez's.

"They're not rare," Smith replied. "We've had several."

The nature of this kind of case was limited to those including defendants of Hispanic heritage who need an interpreter and who are charged with identity theft and falsification of documents such as a resident alien card or a Social Security card for the purposes of obtaining employment.

"It's becoming a common practice now," Smith said. "It happens all the time in General Sessions Court."

As for Sanford, the company's spokesman said, "We do not knowingly employ directly or through a supplying agency, workers who are not authorized to work in the U.S. We strive, to the extent possible under the law, to minimize the likelihood of this occurring.

"Based on the diligence of our temporary agencies and our own internal processes, we accept nothing less than 100 percent accuracy for an individual's eligibility for employment at our facilities.

"We ensure, on an ongoing basis, that our employment agencies, and in turn the workers they provide our facilities, match the high quality of the products we make," Sanford said. "When inconsistencies in an individual's verification information are discovered, they are given an opportunity to correct it with the appropriate government agency with their continued employment contingent upon their ability to correct it."

Finn said Sanford has "invested a lot of money and a lot of great people in Shelbyville. It's a hub of our business in North America. We appreciate the support of our business and we hope that the people of Shelbyville see that we are taking every step we can to make sure that there is nothing less than 100 percent compliance for employee verification."

Sanford manufactures, packages and distributes writing instruments from markers to pens at its North American distribution hub here in Shelbyville.

Adios!!!!

It would appear that the file shows that the IRS in Fresno, Calif., told Ortega that Randstad Staffing Services Inc. paid her $1,665 and withheld $15 for income taxes.

Wow, should we all be so lucky!