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What The? (Read 803 times)
KingOfPain
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What The?
May 4th, 2009 at 9:47pm
 
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U.S. government loses immigrant identity-theft case
Mon May 4, 2009 11:39am EDT
By James Vicini

WASHINGTON (Reuters) - An illegal immigrant who uses false identification papers must know they belonged to another person to be convicted of identity theft, the U.S. Supreme Court ruled on Monday.

The high court's unanimous ruling was a victory for Ignacio Flores-Figueroa, a Mexican illegal immigrant who used false identification to get a job at a steel plant in Illinois.

He was convicted of aggravated identify theft, a law adopted in 2004 that carries a mandatory two-year prison term. The law has been increasingly used by the federal government to charge some of those arrested in raids at work sites that employ illegal immigrants.

In the high court's opinion, Justice Stephen Breyer said the law required that prosecutors show that the defendant knew the counterfeit identification belonged to another person.

The ruling, a defeat for the U.S. Justice Department, resolved conflicting appeals court decisions on the issue, and limits prosecutors' ability to pile identify charges on to illegal immigration cases.

Defense lawyers had argued their clients should not be charged with identity theft. They sought the documentation only to allow them to work and did not know if the numbers were fictitious or had actually belonged to someone else.

The ruling is not expected to affect prosecutions of non-immigration identity-theft cases. Defendants who steal Social Security number for financial gain know they are victimizing a real person.

The ruling comes at a time when President Barack Obama is reviewing how to crack down on illegal immigration.

Flores-Figueroa, a Mexican citizen employed at the steel plant since 2000, initially worked under an assumed name and false Social Security and immigration registration numbers.

In 2006, he told his employer he wanted to be known by his real name and submitted new identification documents.

But it turned out the new set of numbers belonged to other people and the suspicious employer contacted immigration authorities, who arrested Flores-Figueroa.

He pleaded guilty to two counts of misuse of immigration documents and one count of illegally entering the United States, resulting in a 51-month sentence. He faced deportation after serving his term.

After trial, he then was convicted on two counts of aggravated identity theft, which added two years to his sentence. That part of his conviction was overturned by the Supreme Court.

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Re: What The?
Reply #1 - May 4th, 2009 at 9:54pm
 
Simply stunning.  Brilliant bunch of folks.
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Kirk
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Re: What The?
Reply #2 - May 4th, 2009 at 10:19pm
 
   I like to give the benefit of the doubt. But you have got to be fooking kidding me.

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stevegeebe
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Re: What The?
Reply #3 - May 4th, 2009 at 10:48pm
 
Now that I'm older and can look back, I can honestly say that I grew up in an era of history that most all humans, ever born, would be shocked to suddenly be thrust into. I also think how lucky to have been born into this Country. How fortunate am I?

As I turn around and look forward, sadly I feel that I am just old enough to see it all unravel. It's not just how we reconcile the immigration issues... it's a bunch of stuff on every front.

I'm thirsty now. I think I'll go turn that knob by the sink an summon up some cool water from the aquifer 500' below my house.

Steve G
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BMoneeTheMoneeMan
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Re: What The?
Reply #4 - May 5th, 2009 at 12:10am
 
"Your Government has failed you"


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"Fool me once, shame on, shame on you.  Fool - can't get fooled again"&&&&&&Think of how stupid the average person is, and then realize half the population is stupider than that.&&&&
 
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KingOfPain
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Re: What The?
Reply #5 - May 7th, 2009 at 3:06am
 
Cornell University Law School
U.S. Code collection
TITLE 18 > PART I > CHAPTER 47
CHAPTER 47 - FRAUD AND FALSE STATEMENTS

TITLE 18 > PART I > CHAPTER 47 > § 1002
§ 1002. Possession of false papers to defraud United States


Whoever, knowingly and with intent to defraud the United States, or any agency thereof, possesses any false, altered, forged, or counterfeited writing or document for the purpose of enabling another to obtain from the United States, or from any agency, officer or agent thereof, any sum of money, shall be fined under this title or imprisoned not more than five years, or both.

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TITLE 18 > PART I > CHAPTER 47 > § 1015
§ 1015. Naturalization, citizenship or alien registry


(a) Whoever knowingly makes any false statement under oath, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the United States relating to naturalization, citizenship, or registry of aliens; or
(b) Whoever knowingly, with intent to avoid any duty or liability imposed or required by law, denies that he has been naturalized or admitted to be a citizen, after having been so naturalized or admitted; or
(c) Whoever uses or attempts to use any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship or other documentary evidence of naturalization or of citizenship, or any duplicate or copy thereof, knowing the same to have been procured by fraud or false evidence or without required appearance or hearing of the applicant in court or otherwise unlawfully obtained; or
(d) Whoever knowingly makes any false certificate, acknowledgment or statement concerning the appearance before him or the taking of an oath or affirmation or the signature, attestation or execution by any person with respect to any application, declaration, petition, affidavit, deposition, certificate of naturalization, certificate of citizenship or other paper or writing required or authorized by the laws relating to immigration, naturalization, citizenship, or registry of aliens; or
(e) Whoever knowingly makes any false statement or claim that he is, or at any time has been, a citizen or national of the United States, with the intent to obtain on behalf of himself, or any other person, any Federal or State benefit or service, or to engage unlawfully in employment in the United States; or
(f) Whoever knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election (including an initiative, recall, or referendum)-
Shall be fined under this title or imprisoned not more than five years, or both. Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.

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TITLE 18 > PART I > CHAPTER 47 > § 1028A
§ 1028A. Aggravated identity theft


(a) Offenses.-
(1) In general.- Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.
(2) Terrorism offense.- Whoever, during and in relation to any felony violation enumerated in section 2332b (g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.
(b) Consecutive Sentence.- Notwithstanding any other provision of law -
(1) a court shall not place on probation any person convicted of a violation of this section;
(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used;
(3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and
(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.
(c) Definition.- For purposes of this section, the term "felony violation enumerated in subsection (c)" means any offense that is a felony violation of -
(1) section 641 (relating to theft of public money, property, or rewards [1]), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans);
(2) section 911 (relating to false personation of citizenship);
(3) section 922 (a)(6) (relating to false statements in connection with the acquisition of a firearm);
(4) any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028 (a)(7);
(5) any provision contained in chapter 63 (relating to mail, bank, and wire fraud);
(6) any provision contained in chapter 69 (relating to nationality and citizenship);
(7) any provision contained in chapter 75 (relating to passports and visas);
(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses);
(9) section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card);
(10) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or
(11) section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307 (b), 1320a-7b (a), and 1383a) (relating to false statements relating to programs under the Act).

[1] So in original. Probably should be "records".

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Arrived August, 1999.
We swallow greedily any lie that flatters us, but we sip only little by little at a truth we find bitter. - Denis Diderot
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