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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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Someone has been using my SSN for a few years and has worked

Customer Question

Someone has been using my SSN for a few years and has worked at many different jobs. If there is still unpaid taxes that this person has not paid, can that be regarded as any kind of defamation? Since he is using my SSN, and it looks like that I have not paid this tax myself, would that be considered defaming my character in any way? Or does it only apply in the situation if he uses my SSN to get a credit card and get bad credit over the years?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Thank you for using JustAnswer!

I am sorry to learn of these circumstances. Have you reported the matter to Social Security or have they contacted you about this?
Customer: replied 2 years ago.
I have been to my local Social Security office had put an alert on my SSN. They were only able to tell me my annual earnings from the past 10 years. When I first found out about this situation, I had filed a police report, filled out an identity theft affadavit and have continually notified the IRS of the situation. I have not gotten very far with the IRS needless to say, they still claim I owe the unpaid taxes. I have also gone to the local police in the county that this person has worked. They were not helpful at all, and honestly it seemed they just didnt want to help me and/or care about my situation. I have also been to the local FBI office and talked to a Secret Service agent and no one is able to look into it because they say there isnt any "money loss" .... Lately, I have been in contact with an HR representative from one of the places that my number was used. She had confirmed that yes, my SSN was used there and he had also used my name. She had told me his last day was 7-5-11 but she still had a previous address on where he had lived. Now that I have this information, I'm hoping to atleast have local law enforcement look into it. I'm sorry if this is alot of information at one time, I've just been really frustrated at the fact that nobody seems to want to help me. This is identity theft right?..its considered a federal crime I thought
Expert:  JB Umphrey replied 2 years ago.
Thank you for outlining the extent of the situation.

Yes, identity theft is a crime. Even though it is incredibly distressing for you (as it should be for anyone), law enforcement frequently places a very low or no priority on it. You are not alone.

The facts that you describe are not slander or defamation. However, there is a theory that comes from the defamation family. It's called "false light." In Lovgren v. Citizens First National Bank (1989), 126 Ill.2d 411, 128 Ill.Dec. 542, 534 N.E.2d 987, the Illinois Supreme Court set forth the three elements necessary to state a cause of action for false light. First, the allegations in the complaint must show that the plaintiffs were placed in a false light before the public as a result of the defendants' actions. Second, the court must determine whether a trier of fact could decide that the false light in which the plaintiffs were placed would be highly offensive to a reasonable person. Finally, the plaintiffs must allege and prove that the defendants acted with actual malice, that is, with knowledge that the statements were false or with reckless disregard for whether the 210*210 statements were true or false. (Lovgren, 126 Ill.2d at 419-23, 128 Ill.Dec. 542, 534 N.E.2d 987.) The purpose underlying the false light cause of action is to define and protect an area within which every citizen must be left alone. Lovgren, 126 Ill.2d at 420, 128 Ill.Dec. 542, 534 N.E.2d 987, quoting Leopold v. Levin (1970), 45 Ill.2d 434, 440, 259 N.E.2d 250.

I do not know how this person got your Social Security number. However, there are several other different legal theories that you could sue him/her under, depending upon the facts, including:

*Negligence,

* Fraudulent misrepresentation,

* Invasion of privacy

* Appropriation of name or likeness

* Publication of private facts

* Breach of fiduciary duty

* Infliction of emotional distress

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.

If I find out who this person is, and he claims that someone voluntarily gave him my number,(I've been assuming this could be an illegal alien), will I be able to go after the busines and/or person that gave away my personal information? Of course, I wont know any of this until I find this individual.

Expert:  JB Umphrey replied 2 years ago.
Yes, you may be able to sue them for mishandling your social security number.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 2 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
I'm not sure if there is a copy of the last "thread" or conversation we have had, but late December, I had told you about my Identity theft situation Someone had been using my Social security number and name to work at atleast 4 different jobs the past 3 years and has accumulated over $30,000 with my personal information. Recently, I was informed that they had tracked down and arrested this suspect and I have since spoken with an attorney about representing me. I know I am able to take legal action against this individual. What I dont know yet is what kind of identification he had used to apply at these jobs. I'm not sure if he used a fake drivers license with his picture, but MY information. If it turns out that this individual did NOT use any kind of photo-identification when being hired, do I have the right to take legal action against any of these companies?
Expert:  JB Umphrey replied 2 years ago.
You mean take actions against those other employers for not getting the confirming ID as required by the I-9 forms?
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 2 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Yes, that is what I meant. I was not sure of what specific forms required which kind of personal information
Expert:  JB Umphrey replied 2 years ago.
Thank you. The employer is required to have the employee complete this form and provide corresponding documentation: http://www.uscis.gov/files/form/i-9.pdf

HOWEVER, as you will see in the instructions, they say "This form is not filed with USCIS or any government agency. Form I-9 must be retained by the employer and made available for inspection by U.S. Government officials as specified in the Privacy Act Notice below." So, there is no check via that front.

Now, the employer could have verified the social security numbers via this link: http://www.ssa.gov/employer/ssnv.htm However, the law does not require the employers to do so.

Thus, there really is not a legal basis to sue those other employers.

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