Thread: Judge: Tax Records of Undocumented Cannot Be Used Against Th

Judge: Tax Records of Undocumented Cannot Be Used Against Them in Case

Published December 24, 2010

A Colorado county judge says that tax records belonging to undocumented immigrants who were investigated for alleged identity theft must be destroyed because they should not have been seized in the first place.

The Weld County judge's order followed a ruling by the state Supreme Court that said investigators illegally probed suspected identity theft by illegal immigrants.

The high court had already halted the investigation led by District Attorney Ken Buck by ruling it was illegal, but the lower court's order this week makes permanent an injunction in the case.

The investigation marked the first time in the U.S. that authorities tried to use tax returns, which are confidential under federal law, to prosecute suspected illegal immigrants.

Weld County District Judge Stephen J. Schapanski on Tuesday ordered that the thousands of tax documents seized from a Greeley tax preparer be destroyed, and the judge barred authorities from using any of the information they gathered for any prosecutions.

The documents were handed over to a court clerk when the preliminary injunction was entered in April 2009. Eight months later, the Supreme Court ruled the investigation violated the constitutional and privacy rights of suspected illegal immigrants.

Buck, a Republican who narrowly lost to Democrat Michael Bennet in Colorado's U.S. Senate race, did not immediately return a call left at his office for comment. In the past, he defended his investigation, dubbed "Operation Numbers Game," saying he was trying to address a serious identity theft problem in the county.

Buck and sheriff's investigators alleged that up to 1,300 immigrants were filing tax returns using false or stolen identities. All the tax documents that were seized came from Amalia's Translation and Tax Service, a business that catered to Hispanics.

The American Civil Liberties Union filed suit, saying the investigation violated federal privacy laws. Buck argued the seizures didn't violate the law because the records were not obtained from the Internal Revenue Service and because they were part of a criminal investigation.

Read more: http://latino.foxnews.com/latino/politi ... z193x035mL

"OF COURSE NOT!"

They can commit any crime that they want with little or No punishment. These judges need to be Impeached for putting our entire nation at risk. (The Illegals CONSTITUTIONAL RIGHTS) You mean the same Constitution that out Federal Government laughs at every day Why are all of our laws BACKWARDS Why even have any laws What a joke our REPUBLIC has become...

"JUDGE DREDD!"

Buck and sheriff's investigators alleged that up to 1,300 immigrants were filing tax returns using false or stolen identities. All the tax documents that were seized came from Amalia's Translation and Tax Service, a business that catered to Hispanics.

One could argue the tax returns in question are material evidence in the state proving it's case against these criminal illegal invaders. The judge then decides these tax returns cannot be introduced as evidence in this case under the guise they are "confidential records", thus making a conviction remote! Get the picture???

Are tax records "confidential information" and thus off limits when the federal government is prosecuting an American citizen for under paying his taxes or similar crimes? Bank records and other information are also confidential information, but are used all the time in prosecuting Americans for various crimes.

Looks like once again that illegal invaders have found an ally sitting on one of America's benches!!!

I guess Al Capone wasn't an illegal alien.

No crime left behind.

Agreed. Impeach these bastards off the bench. Uphold the constitution or get the hell off the bench. We are coming after you.

I wonder if this is the same judge?

Unsettling Ruling; Colorado Supreme Court says using stolen SSN not identity theft


http://www.givemebackmycredit.com/blog/ ... theft.html

Hmm, from what I understand the Prosecutor should just find the person who's identity is stolen and ask them to sign a waiver explaining the case. It should be enough to likely hold up in court to at least allow the tax documents in as the proper owner of the identification has signed a permission slip per say.

Ridiculous how our laws are being used to let illegals off. This is just one piece of a larger problem on how our laws seem to belong to the rest of the world and citizens of other countries who are illegal. Really makes you think we need some new amendment stating US rule of law civil protections only apply to those of legal means to be within the countries borders.

Originally Posted by Balboa

Agreed. Impeach these bastards off the bench. Uphold the constitution or get the hell off the bench. We are coming after you.

"Yeah! Chump game over!"