The U.S. Supreme Court Eyeballs Identity Theft
Wednesday, October 29th, 2008“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.