The Difference between Identity Theft and Document Fraud is Two Years
On Monday, May 4th eight Supreme Court judges concurred on the opinion of Justice Stephen Breyer that the pivotal issue between identity theft and document fraud is the “knowingly” requirement of the new federal Identity Theft Law. This issue comes up the most often in immigration cases. Illegal workers in the United States often use fake documents to get jobs. The flaw in the law is that criminal liability turns on chance. If the identification numbers used do not belong to an actual person then document fraud is deemed as being committed. But if the social security number or any other identification numbers being used happen to be belonging to a human being then identity theft can be charged. Federal law mandates an additional two years be added to the sentence in identity theft cases.
Monday’s ruling clarifies that only when the offender knowingly uses, possesses, or transfers the identification of another person can they be charged with federal identity theft and the mandatory sentence of additional two years applied. To the estimated 8 million illegal workers in the United States this ruling can make the difference between being charged and sentenced for this additional federal offense. In the situation where the only offense is working illegally an immigrant will be less likely to have criminal charges for identity theft pressed against them by the Immigration and Customs Enforcement Agency.
Monday’s ruling effectively removed the identity theft weapon from the Immigration and Customs Enforcement Agency in ordinary immigration cases. In May 2008 approximately 300 illegal workers, primarily from Guatemala, were detained from an immigration raid at a meat-packing facility in Postville, Iowa and threatened with being charged with the identity theft statute. The majority of the workers were only guilty of using false immigration papers and Social Security numbers. The workers had no intention of harming anyone or gaining anything more than the opportunity to work.
This weeks Supreme Court ruling maintains the basic idea of the statue of adding jail time to true identity thieves but keeps us from spending tax dollars to house those guilty only of document fraud.
Credit Card Reform May be Law by Memorial Day
In President Obama’s May 9th weekly media broadcast over radio and internet he discussed credit card reform again. Congress is being pushed by the president to finish the bill so he can sign it and make it a law before this Memorial Day.
The wording and print type sizes are some of the major items being addressed. President Obama states the use of a magnifying glass and dictionary to read and understand the application and terms of use for credit cards is unfair. The legislation is expected to end the use of the extremely aggressive interest rates, fees and penalties that credit cards have been guilty of in collecting in the past. The top management of the credit card industry is warning that the enactment of this legislation will not generate the flow of credit the president is calling for but will make it harder for them to offer credit and thus negatively impact our struggling economy.
Coastal Credit Solutions, Inc. operates a financial market place that matches Consumers and Businesses with debt eliminating and/or alternative financing service providers. If you have over $5,000 personal or business credit card debt or are seeking small business financing, please call us 866-205-8370 for a FREE no obligation consultation.
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