Not at all. What they are doing is not allowing a broad brush to be applied here.
I agree that if someone made up a SSN and it turned out that it belonged to a real person, then identity theft had not occurred.
Intent is the crux of this decision. No intent to defraud. I think the decision is sensible.
Before the flaming starts, I am NOT in favor of illegal immigrants faking SSNs to come here, but mis-applying a law is becoming a real problem. A child brings a Tylenol to school, and they get charged as if they brought a kilo of coke. Intent is out the window.
That's my story and I am sticking to it.
I don’t even play a lawyer on TV, but if you willingly buy an SS (which if you’re legal you get free from the government) and use it, how can you not know that what you are doing is illegal? Your intention is to defraud your employer by giving false information as a condition of employment.
Thanks for clarifying.
I would like to know if they will punish these people who are using made up ss numbers? :)
I understand the point you are trying to make, just as those that say the “letter” the law was applied, but you are SURELY and SORELY mistaken if you think ID theft did not occur.
You ever have someone file a tax return on your SSN? You ever find out you owe $4500 in taxes AFTER you receive $1200 back from the IRS? You ever try to PROVE to the IRS that you have never worked in Kansas? You then try to PROVE to the state of Kansas that you aren’t going to pay their taxes either? It took three years, 3 YEARS to get the IRS and Kansas off my back about my SSN being used!
Believe me: ID THEFT DID OCCUR!!!