Posted on 05/04/2009 9:25:52 AM PDT by NormsRevenge
WASHINGTON (Reuters) – An illegal immigrant who uses false identification papers must know they belonged to another person to be convicted of identity theft, the U.S. Supreme Court ruled on Monday.
The high court's unanimous ruling was a victory for Ignacio Flores-Figueroa, a Mexican illegal immigrant who used false identification to get a job at a steel plant in Illinois.
He was convicted of aggravated identify theft, a law adopted in 2004 that carries a mandatory two-year prison term. The law has been increasingly used by the federal government to charge some of those arrested in raids at work sites that employ illegal immigrants.
In the high court's opinion, Justice Stephen Breyer said the law required that prosecutors show that the defendant knew the counterfeit identification belonged to another person.
The ruling, a defeat for the U.S. Justice Department, resolved conflicting appeals court decisions on the issue, and limits prosecutors' ability to pile identify charges on to illegal immigration cases.
Defense lawyers had argued their clients should not be charged with identity theft. They sought the documentation only to allow them to work and did not know if the numbers were fictitious or had actually belonged to someone else.
...
Flores-Figueroa, a Mexican citizen employed at the steel plant since 2000, initially worked under an assumed name and false Social Security and immigration registration numbers.
In 2006, he told his employer he wanted to be known by his real name and submitted new identification documents.
But it turned out the new set of numbers belonged to other people and the suspicious employer contacted immigration authorities, who arrested Flores-Figueroa.
(Excerpt) Read more at news.yahoo.com ...
In 2006, he told his employer he wanted to be known by his real name and submitted new identification documents.
But it turned out the new set of numbers belonged to other people and the suspicious employer contacted immigration authorities, who arrested Flores-Figueroa.
unanimous ruling.
Technically right, but cold comfort for those whose identities were stolen. A civil action could certainly be brought on behalf of these people.
So - the guy submitted SS numbers thinking they were his when he’s not a citizen and didn’t have a SS number? These are Clinton appointed judges, right?
So, then logically for me to be convicted of Grand Theft Auto, I have to KNOW that the Porsche I'm about to steal actually belongs to someone else?
Does this legal intrepretation also apply to stereo equipment, plasma TV's, motorcycles, boats, RV's and homes?
And... the traffickers in these stolen IDs can still have the book thrown at them.
Sound fair—he’s still guilty of something, just not identity theft. It would be nice if we had a better option than paying for 51 months of prison for him though.
So if I steal a car, for all I know, it COULD be abandoned, right?
Unfortunately he’s almost certainly judgment-proof.
You mean like Scalia and Roberts?
If someone else stole the Porsche and sold or gave it to you, claiming he bought it, you’d stand to lose the Porsche but you would not be guilty of the theft or even (as defined by law) receiving stolen goods.
No, no. If you buy that Porche for $100, you have to know that the car actually belongs to someone other than the “seller” to be convicted of receiving stolen goods.
All congress has to do to resolve this is to pass a new law penalizing use of ficticious ID. Of course, Obama and ACORN are now in power and won’t allow this.
‘An illegal immigrant who uses false identification papers must know they belonged to another person to be convicted of identity theft, the U.S. Supreme Court ruled on Monday.’
Using this idiotic reasoning, if I state that I had no knowledge of the posted speed limits then I cannot be convicted of speeding? Or, the money I purloined from the bank belonged to another entity?
God help us from “Stooopieed” Judges!!
The problem for the illegal aliens when they pick up the fake IDs and such is that the "fakes" may be "real", and who knows what the "real" guy is going to do once he finds out.
It's a legitimate risk.
Like imagine what happens to somebody who picks up Joey Buttafucco's ID ~ then he's got Amy Fisher hunting for him.
“Defense lawyers had argued their clients should not be charged with identity theft. They sought the documentation only to allow them to work and did not know if the numbers were fictitious or had actually belonged to someone else.”
So, does this mean I, a US citizen can now get away with the same thing???? HELL no!
Ping
Does this mean that if someone steals your identity and is recognized legally as you, then if you shoot and kill this imposter, what is the crime? Suicide?
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