Dale Penn

“But your honor, I didn’t know…..”

The Associated Press reported this week that the United States Supreme Court has agreed to look into several cases in which undocumented foreign workers used false identities to obtain employment.

Federal prosecutors in these cases are adding more severe identity theft charges to the immigration violations they are uncovering, prompting defense lawyers to cry foul.

The government has persuaded defendants to plead guilty to lesser immigration violation charges in order to avoid the more serious identity theft charges which carry mandatory prison sentences.

In several cases, defendants have been convicted of aggravated identity theft. The defense is arguing that the more serious charges are unfounded because defendants did not knowingly use stolen Social Security numbers.

Federal appeals courts around the country have divided on the issue, which will now get the attention of the high court next year. The Bush administration claims that federal law makes it illegal to “knowingly” use another person’s identification. In 2004, President Bush signed a law requiring tougher penalties for those convicted of identity theft.

The U.S. Department of Homeland Security now serves as a “clearinghouse” for employers seeking to verify the identity of job applicants presenting identifying documents. Huge raids against illegal workers in Texas and elsewhere, make this case one to watch.

As major banks, insurance companies and investment firms fall victim to the current tsunami of financial storms, your privacy may suffer. When firms change hands, downsize their payrolls and transfer massive amounts of data, proprietary information is left exposed and privacy erodes.

At the end of September, the Dow Jones Industrial Average took the single biggest dive in history, dipping 777 points. In the wake of the impending reorganization of American business, your credit card balances, your mortgage, your savings accounts and your credit history will probably be reshuffled and reinserted into the database of the account’s new overseer.

After days of marathon negotiations, the bailout measure initially went down to defeat in the Congress by a vote of 228 to 205. After the Senate and the House gave final approval for a modified version of the $700 billion rescue plan, President Bush signed it into law on October 3rd, 2008.

Although the free markets globally are facing their toughest challenge ever, those markets do work. The problem is that they are controlled by human beings who are subject to behavior that is sometimes irrational, emotional and irresponsible.

Because of the irresponsible and sometimes deliberate misdeeds of the guardians of the financial gate, it is still your responsibility to to guard your personal information the best way you know how.

If you do not have a personal identity theft risk prevention, detection and mitigation plan in place, what are you waiting for? Visit the Privacy Rights Clearinghouse for great tips on how to protect yourself.