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Supreme Court: Feds Abusing Identity Theft Law
Wired via Google ^ | May 4, 2009 | David Kravets

Posted on 05/04/2009 11:00:39 PM PDT by dila813

Can't link to directly, but worth the read.

(Excerpt) Read more at google.com ...


TOPICS: Front Page News; Government; News/Current Events
KEYWORDS: illegals; immigration
I am not a lawyer, but this makes no common sense.

Obama Administration was arguing against this ruling, I find that rich. Were they required under the law to take this position?

1 posted on 05/04/2009 11:00:39 PM PDT by dila813
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To: dila813; admin

This about the Supreme Court Ruling that it isn’t identity theft unless you know the person whose social security number you are using in order to gain credit and employment.

I should have posted this in the body of this post.


2 posted on 05/04/2009 11:03:52 PM PDT by dila813
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To: dila813

This about the Supreme Court Ruling that it isn’t identity theft unless you know the person whose social security number you are using in order to gain credit and employment.

What Supreme Court Ruling? And if so, what will it now be called when someone steals from you? You done been Obamad?


3 posted on 05/04/2009 11:10:48 PM PDT by wita
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To: wita

Basically, if someone uses your SSO by guessing a number out of thin air and they damage your credit they can’t be charged with identity theft.

Even if they use the guessed SSO to get credit cards, birth certificate, state benefits, and a job.

The person can’t be charged.


4 posted on 05/04/2009 11:14:43 PM PDT by dila813
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To: dila813

Ah, what about grabbing one from a list of the numbers that have been “leaked” or mis-handled by the government? Like the ones for all those vets that some gov-employee took home?


5 posted on 05/04/2009 11:23:51 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: dila813

Well, it’s insane, isn’t it? I remember a cop show where some poor naive gang banger thought he could get off a murder rap because he killed the wrong guy. It was just a mistake. Isn’t this the same thing?


6 posted on 05/04/2009 11:30:26 PM PDT by dr_lew
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To: dr_lew

exactly, makes no sense.


7 posted on 05/04/2009 11:31:16 PM PDT by dila813
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To: OneWingedShark

you can guess a number, you don’t even need to find a number.

The ones on trial purchased their numbers from someone. Someone who knew the person that was being ripped off.

But since the person that used it didn’t know the person being ripped off, he is free as a bird.


8 posted on 05/04/2009 11:32:46 PM PDT by dila813
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To: dila813

Just go here and get a pretty good idea if a number is valid:

http://www.onlinessn.com


9 posted on 05/05/2009 12:18:49 AM PDT by TheBattman (Pray for our country...)
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To: TheBattman

Mine comes up invalid. No, I was not dumb enough to actually put it in.


10 posted on 05/05/2009 3:29:38 AM PDT by raybbr (It's going to get a lot worse now that the anchor babies are voting!)
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To: dila813
it isn’t identity theft unless you know the person whose social security number you are using

Well that makes sense. After all, if I do a drive-by shooting and kill somebody, I shouldn't be charged with murder if I didn't know the victim. /sarc
11 posted on 05/05/2009 3:48:45 AM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: TheBattman

When I arrived at Lackland A.F.B. for basic training back in 1970, we were issued a duffel bag which had our name and social security number stenciled on it. The supply sergeant who was giving out the bags would chat briefly with each of us, and then would “guess” where we were from with uncanny accuracy. I presumed he had been picking up on our regional accents, but it appears as if he had memorized the social security codes for all of the states.


12 posted on 05/05/2009 4:20:08 AM PDT by TruthShallSetYouFree (Kenya tell me where Obama was born?)
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To: TruthShallSetYouFree

Had someone try that on me, but mine was issued while I was overseas at an APO. Matched where I was at the time, but not where I was from.


13 posted on 05/05/2009 4:49:09 AM PDT by wita
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To: dila813

PS, The ruling, if true, is just another example of why the Supreme Court needs to get on with the job of nullifying a great many of their decisions like Roe V Wade, that are mindless reaches into the mysterious realm of law making. In that regard, totally against the Constitution of the United States.


14 posted on 05/05/2009 4:55:12 AM PDT by wita
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To: All
U.S. government loses immigrant identity-theft case (defendant just wanted to use real name)
Reuters on Yahoo | 5/4/09 | By James Vicini
FR Posted on Monday, May 04, 2009 12:25:52 PM 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 ...

=========================================

Call Congress 202-224-3121----WH 202-456-1414

Obama's $789B stimulus bill created 2 million construction jobs--300,000 are earmarked for illegal aliens. The Senate passed, and Obama signed the bill that deleted the eVerify funding provision (in the House version).

The sneaky Senators killed off eVerify claiming it was holding up enactment of the package. Baloney. Compared to other provisions, E-Verify was hardly what you could call pork.

This was a secret deliberate, treacherous act. The Stimulus atrocity was crammed with earmarks but the 50 Democrats had no intentions of allowing a permanent eVerify. Politicians work for 10 million American who are jobless.....many of whom are young veterans who need to feed their families.

Call Congress 202-224-31211; WH 202-456-1414 eVerify allows employers to check the validity of SS nos. Demand a permenent eVerify. to hunt down millions of illegals being hired by unscrupulous employers.

=============================

Now the story of "good neighbors," here for a "better life"......just "God's children" living the "American Dream"......getting on the US gravy train, sucking off US taxpayers and draining the US Treasury dry.

July 21, 2006
Two held in bust of bogus ID operation

NORTH BERGEN, NJ -- Pelcastre brothers, Angel and Jorge, Dallas, were a walking threat to US national security, expert document forgers who, for a few thousand dollars, could give anyone a new identity, authorities said.

The two men turned a Tonnelle Avenue hotel room into a business office and were readying a massive cache of fake Social Security cards for delivery to a local identity broker.

They were a "one-stop shop" for a myriad of fake US documents, including birth certificates, Social Security cards, driver's licenses for any state in the US, passports and resident alien cards, said state police.

Officers happened upon two cars bearing Texas plates in a hotel parking lot. Authorities wouldn't identify the hotel by name for fear it would spark retribution. The Drug Interdiction Task Force, regularly runs checks. The brothers were followed to an office supply store nearby where they purchased computer supplies. Officers then followed the brothers to a storage facility in Secaucus, where they loaded several boxes into a car. One of them stood lookout. Authorities approached them when they returned to the hotel and questioned them separately. The brothers consented to a search.

Police recovered laminating sheets with built-in security features, pages of blank documents waiting for fake names and information, finished documents, computers and software to create the fake IDs.

All told, the haul was worth about $500,000 on the street. Police also recovered $6,000 in cash, which was the first payment from a fake document broker for a shipment of 500 Social Security cards.

15 posted on 05/05/2009 7:04:31 AM PDT by Liz (Everything Obama says comes with an expiration date,)
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To: wita

actus reas and mens rea

guilty act goes with the guilty mind.

folks we are dealing with GOVERNMENT lawyers. They are not always the sharpest tools in the shed.


16 posted on 05/05/2009 8:04:19 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: dila813

Since our justice system is a pathetic joke, this Supreme Court ruling is certainly no surprise. It’s basically just another “ruling” from the men in black that tells people they are on their own. If somebody steals, or tries to steal, your identity then you yourself are in charge of tracking that person down and getting rid of him. ...Which is a healthier mindset in the end anyway.

People who depend on cops and courts and judges and lawyers for “justice” are fools.


17 posted on 05/05/2009 8:12:23 AM PDT by Lancey Howard
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