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Re: dataloss (fringe) ID theft and US Law
From: "M Barnett - TIFRM" <mbarnett () TIFRM com>
Date: Sun, 22 Feb 2009 14:14:22 -0700
Interesting story worth following that could have significant repercussions if decided poorly. It is also interesting that the article claims that unnamed "privacy experts" allegedly also support Mr. Flores-Figueroa's position regarding the purpose of the law. The excerpt below simply serves to further illustrate the lack of understanding of the potential serious consequences of non-financial identity theft, or that the crime (and resultant problems for victims) comes in many flavors. If Mr. Flore-Figueroa were cited or arrested, whose information would he provide to law enforcement and in whose name might a warrant be issued? Who is responsible for the tax implications of Mr. Flores-Figueroa's employment under the victim's information? Whose medical records are contaminated when Mr. Flores-Figueroa seeks medical care? It will not be Mr. Flores-Figueroa. "On the other side, Flores-Figueroa and more than 20 immigrants' rights groups, defense lawyers and privacy experts say that the law Congress passed in 2004 was aimed at the identity thief who gains access to people's private information to drain their accounts and run up bills in their name." Michael Barnett, CITRMS CEO The Institute of Fraud Risk Management, Inc. www.TIFRM.Net Direct: 775-624-7659 Email: mbarnett () TIFRM com The Institute of Fraud Risk Management, Inc. 955 South Virginia Street; Suite #116 Reno, Nevada 89502 "Knowledge is the Best Defense Against Fraud" This e-mail and any attachment(s) is intended solely for the designated recipient and may contain privileged and/or confidential information. The sender does not waive any related rights or obligations. Any unauthorized distribution, use, or copying of this e-mail or the information contained in it or any accompanying attachments by other than the intended recipient is strictly prohibited. If you have received this email in error, please notify The Institute of Fraud Risk Management immediately by calling 775-624-7659, and delete this email and any attachments. -----Original Message----- From: dataloss-bounces () datalossdb org [mailto:dataloss-bounces () datalossdb org] On Behalf Of Henry Brown Sent: Sunday, February 22, 2009 1:46 PM To: dataloss () datalossdb org Subject: [Dataloss] dataloss (fringe) ID theft and US Law http://www.chron.com/disp/story.mpl/nation/6275264.html Supreme Court to consider immigrant's ID theft case ... WASHINGTON - Ignacio Carlos Flores-Figueroa, an undocumented worker from Mexico, made a curious and undeniably bad decision. After working under an assumed name for six years, he decided to use his real name and exchanged one set of phony identification numbers for another. The change made his employer suspicious and the authorities were called in. The old numbers were made up, but the new ones he bought happened to belong to real people. Federal prosecutors said that was enough to label Flores-Figueroa an identity thief. The Supreme Court will hear arguments Wednesday on prosecutors' aggressive use of a new law that was intended to strengthen efforts to combat identity theft. In at least hundreds of cases last year, workers accused of immigration violations found themselves facing the more serious identity theft charge as well, without any indication they knew their counterfeit Social Security and other identification numbers belonged to actual people and were not made up. The government has used the charge, which carries a mandatory two-year minimum prison term, to persuade people to plead guilty to the lesser immigration charges and accept prompt deportation. Many of those undocumented workers had been arrested in immigration raids. The case hinges on how the justices resolve this question: Does it matter whether someone using a phony ID knows that it belongs to someone else? The government, backed by victims' rights groups, says no. The "havoc wrecked on the victim's life is the same either way," said Stephen Masterson, a Los Angeles-based lawyer, in his brief for the victims' rights groups. On the other side, Flores-Figueroa and more than 20 immigrants' rights groups, defense lawyers and privacy experts say that the law Congress passed in 2004 was aimed at the identity thief who gains access to people's private information to drain their accounts and run up bills in their name. Surveys estimate that more than 8 million people in the United States are victims of identity theft each year. Flores-Figueroa acknowledges he used fraudulent documents to get and keep his job at a steel plant in East Moline, Ill. But he "had no intention of stealing anyone's identity," his lawyers said in their brief to the court. He traveled to Chicago and bought numbers from someone who trades in counterfeit IDs. Had he been caught while using the fictitious name and numbers that went with it, he could not have been charged with the more serious offense. Federal appeals courts in St. Louis, which ruled against Flores-Figueroa, Atlanta and Richmond, Va., have come down on the government's side. Appeals courts based in Boston, San Francisco and Washington, D.C., have ruled for defendants. [...] _______________________________________________ Dataloss Mailing List (dataloss () datalossdb org) CREDANT Technologies, a leader in data security, offers advanced data encryption solutions. Protect sensitive data on desktops, laptops, smartphones and USB sticks transparently across your enterprise to ensure regulatory compliance. http://www.credant.com/stopdataloss _______________________________________________ Dataloss Mailing List (dataloss () datalossdb org) CREDANT Technologies, a leader in data security, offers advanced data encryption solutions. Protect sensitive data on desktops, laptops, smartphones and USB sticks transparently across your enterprise to ensure regulatory compliance. http://www.credant.com/stopdataloss
Current thread:
- dataloss (fringe) ID theft and US Law Henry Brown (Feb 22)
- Re: dataloss (fringe) ID theft and US Law M Barnett - TIFRM (Feb 22)
- Re: dataloss (fringe) ID theft and US Law Paula Pierce (Feb 23)
- Re: dataloss (fringe) ID theft and US Law M Barnett - TIFRM (Feb 22)