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Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21996
Experience:  Handle criminal matters in both state and federal courts.
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I have another question? If a man dresses up like a woman

Customer Question

I have another question? If a man dresses up like a woman and creates a different identity (made up name for himself) then operates several businesses using only cash under this made up name. There has got to be many criminal laws he is breaking here?? First of all, the male he really is not and does not pay taxes on any of this money he makes when dressing up like a woman and working under a false name. Isn't there some fraud laws regarding identification law. Isn't there a law againist pretending to be someone else as well? In Georgia
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Samuel-II : Hi
Samuel-II : Well, first of all, there are no laws regarding a male dressing as a female or vice a versa. However, if the person is knowningly using someone else's name, then that could be a crime of Identity Theft
Samuel-II : And, of course, if they are not reporting all income and/or not paying taxes on that income, then it would be tax fraud
Samuel-II : Or tax invasion
Samuel-II : *Evasion
Samuel-II : If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
Customer :

I understand that there are no laws regarding a male dressing as a female. But if someone creates a name that doesn't exist (no SS#, no identification, no birthcertificate etc) then does business under this name there has got to be some other criminal offense other than simple tax evasion? How about identity fraud?

Samuel-II : There is no identity fraud
Samuel-II : Only ID theft.
Samuel-II : It is hard to do business without a SS number, etc. So I am not sure how they are able to continue to do that.
Samuel-II : In other words, if someone is operating as a business they need the ss number, etc so that taxes are properly paid
Customer :

They are doing it on a cash only.

Samuel-II : But if the person is not worried about paying taxes, then it does not matter they do not have that information
Samuel-II : Yes. But as cash they would still have to pay taxes at some point. But if they
Samuel-II : are not reporting it, then there is no need for the SS number, etc
Samuel-II : And in that case, it is tax evasion
Customer :

So you are telling me that people can go out there..make up a fictitious name and create a cash only business and this is legal?? NOWAY

Samuel-II : Im saying it is not illegal.
Samuel-II : That is correct.
Samuel-II : As long as the person is not knowingly using someone elses name
Samuel-II : and SS numbers, etc
Samuel-II : They can dress like a tree and call themselves Yogi
Samuel-II : and if someone wants to patronize that business they can
Samuel-II : The problem may come if this person does not perform
Samuel-II : and then you have a consumer issue
Samuel-II : But other than that, there are no laws being broken simply by dressing as something else and using a made up name.
Samuel-II : crazy as it may seem, there are a lot of "Cash only" businesses out there
Samuel-II : And people who do not report all the cash and therefore do not pay taxes on all that money.
Customer :

So businesses can operate in AMERICA, on a cash only basis, not registered and not pay tax and there is no legal course anyone can take against them?

Samuel-II : They will report only a portion and pay taxes on that amount.
Samuel-II : Correct
Samuel-II : Businesses do not have to be incorporated or registered with anyone
Samuel-II : If they get caught, then there is possible tax evasion
Samuel-II : And if a customer has had some type of problem with this service that customer can make a complaint to the Attorney General consumer protection divsion
Samuel-II : But as far as laws broken in the establishment of the business, there is nothing illegal about that.
Customer :

So a person doesn't have to have a business license? or a state license? to operate?

Samuel-II : They should, yes.
Customer :

So how does one report or go after this person for tax evasion?

Samuel-II : And it depends on the type of business
Samuel-II : If you have had a problem with this person, then I suggest you can begin to file a report with the GA Attorney General's office
Samuel-II : They have a consumer protection divison
Samuel-II : That would be a start
Customer :

photography, makeovers, BDSM etc...

Samuel-II : Yes. Well, if you have a problem with this business, then file a complaint with the AG's office.
Customer :

I find it extremely difficult to believe that a person can create "fictitious name and character" and do business and there is no criminal about that? I can't sign someone else's name to anything or do business as someone else....thats would be fraud.

Samuel-II : http://consumer.georgia.gov/consumer-services/filing-a-complaintIf you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
Samuel-II : http://consumer.georgia.gov/consumer-services/filing-a-complaint
Samuel-II : You may use that link to file a complaint.
Samuel-II : You misunderstood what I said, it seems
Samuel-II : It the person deliberately and knowingly uses another's name and SS, etc to operate a business it is ID Theft
Samuel-II : So, if you are going to sign someone else's name you need to be sure it is not a real name
Samuel-II : For instance, as I said Yogi Bear is not a real name
Samuel-II : We still live in a Buyer Beware world here in America
Samuel-II : So it is incumbent upon the consumer to find information out before using a busines.
Samuel-II : At any rate, this question began as a Criminal law question and is not moving into a consumer direction.
Samuel-II : I have truely and accurately answered you criminal law question and even through in some consumer information for you.
Samuel-II : IF you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
Expert:  Samuel II replied 2 years ago.
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Expert:  Samuel II replied 2 years ago.
Hi

We can continue here, if you have further Criminal Law questions regarding this situation.

IF you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you

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