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At the heart of all these cases is a simple question: Does the mere use of an anonymous victim's SSN break identity theft laws?
"You can't say there's no victim," she said. "That Colorado ruling really aggravated me," she said. Courts are mis-applying impersonation laws, and that could really hurt victims. "(The judges) just don't get it."
Many of the recent cases stem from a series of raids conducted by the Immigration and Customs Enforcement service at meat-packing plants in the Midwest during the waning days of the Bush administration. Prosecutors got in the habit of using federal identity theft laws to seek a mandatory two-year felony sentence enhancement for convicted suspects, and used that threat as bargaining tool to push suspects into plea bargains. But the 2009 Supreme Court ruling essentially took that bargaining tool away from prosecutors.
"This is a dangerous precedent that has now been established and which could permit abuses of the system designed to protect innocent bystanders from fraud," the center said in a statement. "The Colorado State Supreme Court has implied it is permissible to use an SSN that was not issued to an individual to establish new lines of credit."
Frank, the advocate for victims of ID theft, finds that logic flawed.
In the more recent Colorado case, Felix Montes-Rodriguez applied for a car loan at a dealership using his real name, date of birth and employer, but someone else's Social Security number. He had also used the number to obtain employment. Apparently, Montes-Rodriguez had every intention of paying the loan himself – in other words, he was not intending to steal the car -- but needed the number in order to obtain credit. Lower courts found him guilty of the state's criminal impersonation law, but in a split decision, the state's Supreme Court used similar logic to the U.S. Supreme Court in overturning his conviction.
"In the face of so much accurate identifying information, we cannot conclude that Montes-Rodriguez pretended to be another person in his loan application simply because he supplied a false Social Security number," the justices wrote. "Hence, we conclude that Montes-Rodriguez did not assume a false identity."
In a fine parsing of language (PDF), the justices also said that SSNs are not a legal requirement for obtaining a loan -- even though they are required by banks -- and therefore using one in a loan application doesn't represent an illegal act.
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