Posted on 10/21/2014 6:10:29 AM PDT by dennisw
Supreme Court Overturns Illegal Immigrant’s ID Theft Conviction
MAY 04, 2009
The Supreme Court has unanimously ruled that an illegal immigrant who used stolen documents to work is not guilty of identity theft because he didn’t know the information belonged to another person.
The ruling eliminates an important tool for prosecuting and deporting illegal aliens who victimize Americans by stealing their identities to get jobs in this country. In its 18-page decision the court says that the crime of identity theft is limited to those who actually know they stole someone else’s information.
Prosecutors must therefore prove that illegal immigrants who use false identification papers know they belong to another person to be convicted of identity theft. The Supreme Court ruling, which resolves conflicting appeals court decisions on the issue, overturns the aggravated identity theft conviction of a Mexican illegal immigrant (Ignacio Flores-Figueroa).
Flores-Figueroa had pleaded guilty to two counts of misuse of immigration documents and one count of illegally entering the United States. He was subsequently convicted on two counts of aggravated identity theft which added two years to the 51-month sentence for the previous crimes.
In 2000 the illegal alien used a fake name and Social Security number to get a job at an Illinois steal plant. In 2006, he told his employers that he wanted to use his real name and submitted new documents, including a Social Security number he bought in Chicago that belonged to someone else.
But in the High Court’s opinion, Justice Stephen Breyer writes that the law requires prosecutors to show that the defendant knew the counterfeit identification belonged to another person. The court agreed that the illegal immigrant could be charged with a misdemeanor for using an identification he knew was false, but he could not be charged with a felony of aggravated identity theft because he did not know he was using someone else’s Social Security number.
Jerk still needs to be deported.
Think I’ll use that excuse when the IRS comes to my door and says I didn’t pay my taxes.
“Hey some guy told me I didn’t have to pay my taxes, he seemed legit to me.”
Taxes are unique. The IRS even states that if they help you with your taxes and THEIR information misguided you, you are still responsible for the ramifications of doing exactly what they told you to do, even though it was wrong.
Apparently, it’s only a misdemeanor. I bet the person whose SS# he stole is very happy! /sarc
Well it appears a new precedent has been set.
The SCOTUS decision makes sense. But, the prosecutors should be able to go back and retry based on the lesser charge (presuming the issue of double-jeopardy is not infringed).
The prosecution had to prove that he knew it was stolen. Apparently they didn’t. He may be guilty as sin, but if they failed to make the case, he needs to walk. We are not a lynch mob. I leave that for Ferguson.
Buying a stolen id when you think you are buying a fake id does not make you guilty of identity theft.
This is maddening. They know what they are doing. I met a neighbor several years ago who introduced herself and then quickly gave me her “work name”, in case anyone from Jennie-O asked about her. Purchasing an identity requires knowledge of the situation.
Jerk still needs to be deported.
yep.
I feel kinda like I’m defending a rapist from being accused of first degree murder. He’s guilty of a crime, all right. Just not THAT crime.
I firmly believe that ALL identity thieves (not just those involving illegal USA residency) should be summarily executed.
I despise identity thieves above most any other class of criminal.
I truly didn’t know bank robbery was illegal so therefore I am innocent.
In 2000 the illegal alien used a fake name and Social Security number to get a job at an Illinois *steal* plant.
And why exactly are the claims of an illegal alien believed? His claims as to his state of mind? Illegal aliens will lie through their teeth because living here is very precious. Which most Americans are oblivious to
Offhand I would say living here as an illegal alien is worth $300,000 over a 20 year period. It is worth more if you are a legal resident (green card) and much more if you are a citizen because then you can import in (legal immigration) your raggedy-arse, ill-educated, illiterate 3rd world family members.
Good analogy.
He’s still convicted of crimes for having false ID, just not THAT (inappropriate) crime.
Exactly. Any lawyer can beat almost any law and many laws are written such that a crafty lawyer can write a law in one case for his client, earn tens of thousands of dollars from that client; wait a few years and sue the old client by a newer client for tens of thousands of dollars from the loophole left on the first case. LULAC is probably jumping up and down as are identity theft professionals(!) as they just instruct future cases to say/sign as a SC ruling. Americans, one day we will turn back to our God (PLEASE) and see all the sin in our nation by looking what happens when God is not consulted in our everyday lives. I knew of a bookkeeper who for years sent out W-2’s by the hundreds only to have over 70% returned as that name/address didn’t match...and that person worked for them and they knew them! Just dump them into a dead file showing you tried. Go to 99% of construction, landscaping, maid services, hotels, restaurants and I will bet you good money you’ll find SS fraud....but the owner is making money and has a $60K truck and wife a nice foreign car or SUV. If one of our judges takes off their robe and would just visit some of the hell holes they’ve created vs. the walls of the SC building they’d see what we really have to put up with.
All three levels have broken our foundations and should we not reverse this direction this election, we are part of the world cesspool.
For those interested read 11 Chronicles 7:14.
Not in former years. It was assumed he was up to no good and nothing was "stipulated" as you have said. Looks like the Obama regime threw this case like a boxer taking a dive
This prosecutors accusation has to be he knew it was stolen and let the illegal alien prove/////// as in defend in court///// that he was a moron and knew nothing. Which is bull!! Illegals are very high IQ when it comes to this type illegal activity and they hear everything and I mean everything through the illegal alien grapevine AKA networking
excellent post! thanks!
“No ‘mens rea’” - lawyer speek for “no intent to commit a crime”.
OK for Illegal Aliens to use ‘ignorance of the law’ as an excuse.
NOT OK for US citizens, however.
After all “ES LA LEY!”
Verstehen Sie, Untermensch!
I was in traffic court one time and this mexican guy had a court appointed translator for his case. Afterward, he and his translator were in the lobby conversing in English.
So ignorance of the law is a valid argument. If the rest of us break a law we don’t know about, we aren’t guilty.
In court, the issue is presence of evidence. Absence of evidence of doubt. The government didn't produce evidence to the contrary, and therefore didn't even probe an element of the crime, let alone prove it. IOW, the alien made the claim, and the government said, "ok."
You asked about the reason, a "why" question. I speculate that the government had been getting away with sentence enhancers for years, using the threat of ID theft, but not taking the time to present evidence and an argument. Laziness, facilitated by compliant courts. A lawyer notice the absence of proof to an element, and lost all the way to SCOTUS.
If you ever get the opportunity to study law, and then see how it is practiced, you'll be amazed at how sloppy and error-ridden the institution is.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.