Thread: COURTS: USING ANOTHER'S SSN NOT A CRIME

COURTS: USING ANOTHER'S SSN NOT A CRIME

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.

Identity theft can take many forms, but one of the most vexing is so-called "SSN-only" ID theft. In it, an imposter uses a victim's SSN --- sometimes purchased from a broker, sometimes nine digits pulled out of thin air -- to obtain credit or to provide necessary documentation to obtain work. In many cases, SSN "borrowing" is successful and the imposter goes undetected for years.

At the heart of all these cases is a simple question: Does the mere use of an anonymous victim's SSN break identity theft laws?

Mari Frank, a California-based lawyer and identity theft victim advocate, said courts are failing to recognize the real harm caused by imposters, even if imposters are unaware of that harm.

"You can't say there's no victim,â€

These I.D. theft companies should go out of business because of THIS decision. By all rights, the ONLY 2 Organizations that need to know your SSN, are the Internal Revenue Service and the Social Security Dept.
I do not recognize this Country anymore, not at all.

Judges need to be Impeached for rulings so blatantly wrong This Is just sheer Ignorance,and should not be tolerated....

PLEASE HELP HERE

http://www.alipac.us/ftopict-219688.html

This isn't real, this isn't real, this isn't real...

It's the Twilight Zone and the nightmare will go away soon...

Originally Posted by topsecret10

Judges need to be Impeached for rulings so blatantly wrong This Is just sheer Ignorance,and should not be tolerated....

Just one look at who's in charge says it all......Holder and Obummer.

Isn't this a felony?

Originally Posted by stevetheroofer

Isn't this a felony?

Only if you are a citizen

They need to just fine the hell out of anyone using a social security number that does not belong to them.

All this Bull about "not knowingly using" or just "making a number up" still victimizes the owner of that number. These laws were written to protect those individuals but they don't think using their numbers is ID Theft.

Fine, make it unlawful to use another person's number for any reason.

Dixie

The problem is illegal invaders and their defenders argue that making up a number that does not belong to anyone is a victimless crime. The courts have agreed with this argument you cannot be guilty of identity theft if you assume a number that is fictitious since you cannot steal the identity of someone who does not exist.

However, that should be irrelevant. Knowingly presenting a social security number as yours, in an effort to usurp work in this country is identity theft, as you are assuming a fictitious identity in order to conceal your illegal status. It should not matter if the number is made up or belongs to someone else. That’s irrelevant.

Unfortunately, the courts have held you must know the number is real and belongs to someone else in order to be charged with identity theft. Essentially, all the invader has to do is deny deny and more denial and he will likely get off. No question the courts have sided with illegal invaders on this issue by now requiring that the prosecution now prove intent; almost an impossible task unless the invader is using the SS number of their own anchor baby.

Try that stunt as an American citizen and see what happens.