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Thread: legal implications of working under a fake ssn/name

  1. #1
    Does anyone know of the legal implications of a non-resident alien working in the US under a fake ssn/name? if he/she is married(but separated) to a US Citizen, can the US Citizen spouse get in trouble with the IRS if the non-resident spouse lies or doesn't file his/her taxes?

  2. #2
    Does anyone know of the legal implications of a non-resident alien working in the US under a fake ssn/name? if he/she is married(but separated) to a US Citizen, can the US Citizen spouse get in trouble with the IRS if the non-resident spouse lies or doesn't file his/her taxes?

  3. #3
    I'm sure that the apologists for illegal aliens will assure you that it's just a little bit of "harmless" identity theft...and, well, we should just give them a green card anyway.

    I'm so sick and tired of questions like this.

    JKTHEAA already knows the answer to the question.

    It is asked here simply to ellicit some misguided support from those who think that illegal aliens are "innocent victims" of the "big, bad" immigration bureaucracy. This theory asserts that it's not the illegal aliens' fault that they made the choice to disregard America's sovereignty and laws...and then conduct identity theft and other crimes once they're here.

    I don't buy it, and neither do the vast majority of the American people. It's time to DEPORT illegal aliens.

  4. #4
    I wonder if the losses to citizens through identity theft (including the time and money spent untangling the mess) by illegal aliens are figured into those "contributions" of illegal aliens to our economy?

  5. #5
    ROFL at "contributions of illegal aliens to our economy."

    Thank you, AliBA, I love a sarcastic sense of humor.

  6. #6
    This is not to be considered legal advice, just my opinion on this issue. There's a long standing opinion regarding this very case. In the case where an alien "knowingly" uses a false social security number to obtain employment (for otherwise lawful activities) it is not considered fraud.

    Also, a reason why the use of a false SSN is not fraud or misrepresentation: only misrepresentations to U.S. officials (generally a consular officer or an INS officer) are the basis of inadmissibility under INA § 212(a)(6)(C). Therefore, even obtaining an SSN from the Social Security Administration through fraud does not make an alien inadmissible under this provision.

    When it comes to taxes, the situation can get even more confusing. If all the taxes were paid, in your name or his name, the government suffered no loss (or harm) and the "intent to defraud" element could not be established. However, if the individual failed to pay taxes on purpose to deprive the Government of the funds it is entitled to receive, fraud can be established as well as "intent to defraud" raising the offense to the level of a CIMT.

  7. #7
    Why on earth would this NOT be considered fraud?

    Houston, is this a case of the now popular phrase 'stare decisis'? If so what is the case it is based on? I wonder if our new conservative supreme court will consider such a case in the future thus setting a new precedent.

  8. #8
    Houston, while I don't doubt what you are saying to be accurate, I am very surprised. I can't imagine how using another person's social security number for whatever reason would not be considered fraud.

  9. #9
    Houston--Aside from the issue of immigration, it's my understanding that using another's SSN and identity IS illegal, if not fraud. If you even misrepresent yourself on a resume these days, it's a basis for dismissal, and depending on the job criminal penalties, so I'd find it hard to believe that pretending to be someone else isn't illegal. It's also pretty doubtful that someone who's using the SSN and name for work is NOT going to use it obtain other benefits, such as credit. See the following from www.ssa.gov, the SS website:

    If someone used your Social Security number to get credit, Social Security cannot fix your credit record. To fix your credit record:

    Call the creditors who approved the credit (follow up with a letter).
    File a police report.
    Contact the fraud department of the major credit bureaus. Ask:
    To have a flag placed on your record, requiring creditors to contact you before approving additional credit using your name and number;
    How long your account will be flagged and how you can extend the flag, if necessary; and
    To have a statement added to your credit report"”include your name, explain the problem and provide a telephone number where someone can call you.
    Request a copy of your credit report from each major credit bureau and check to see if it contains any entries you do not know about. If you are denied credit, you may be entitled to a free copy of your report

  10. #10
    This is a decision is based on a particular "state of mind" and the real implications of the offense (subjective intent). Also, note how the statute contains "knowingly and willingly" as two separate elements of the offense. This is critical to any pertinent defense and the Government must prove those two elements "by clear and convincing evidence of the record considered as a whole" before a conviction can be secured.
    The Ninth Circuit is being "tolerant" of behavior where the offender "has not caused caused harm to the Government" or "did not believe based on common rationality that such behavior would result or should have resulted in harm to the Government". In other words, the definition of "fraudulent intent", critical to any offense related to fraud, is not met.
    The Supreme Court is a well balanced institution. Compare the different views on immigration expressed over the years by Justice Stevens, Justice Scalia and Justice O'Connor. Diversity and creates balance by definition.

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