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Law Educator, Esq.
Law Educator, Esq., Consultant
Category: Fraud Examiner
Satisfied Customers: 111489
Experience:  24+ years law enforcement. Licensed Attorney.
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My ex who is the father of our 17yr old received a letter of

Customer Question

My ex who is the father of our 17yr old received a letter of referral for counsling in her name but with my last name on it not his and he opened it and now he my private information including my case number ***** medical and possibly my ss#.
Our daughter does not live with him and he clearly saw it wasn't for him but is now threatening me with medical fraud because of her last name being mine instead of his....probably clerical error but is this a crime?
Submitted: 1 year ago.
Category: Fraud Examiner
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Does he have joint custody over the child?

It is not a crime if they have your last name on it and it was something they did at the office. It is the SAME CHILD, so as long as that child is covered under the policy, they could call her "Minnie Mouse" it is the same child same SSN and NOT fraud.

Customer: replied 1 year ago.
He does have joint custody which we haven't changed because she recently about 6wks ago came to live fulltime here. Knowing it was a letter for her and through medical (has never received one before) He feels it's an opportunity to try to harass me further.. (1 4yrs of this crap) I am tired and just wanna know is it mail tampering?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

So, if he has joint custody and it was about her, even with the different last name, he would have legal rights to read the information. It is not mail tampering if it was addressed to her, even with your last name, and he has joint custody. It would be mail tampering if he did not have joint custody and you had sole legal custody. As far as the name on the bill, if that was a mistake at the doctor, that is still not illegal.

Customer: replied 1 year ago.
Okay thank you very much...I just called the referral agency and they in fact said it was addressed to me (my name) on the envelope with in care of: our daughters name on it as well..does this make a difference?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

This is going to make it a difficult call, as if it pertains to the minor over whom he has joint legal custody, the US Attorney will not get involved in a mail tampering case. If it was in your name only without your daughter's name on it, then you have a claim.

Customer: replied 1 year ago.
Great...cause they called me back saying it was addressed to me but with his address.
Expert:  Law Educator, Esq. replied 1 year ago.

If it was addressed only to you, then you can file a complaint with the US Postal Inspector and it is up to them to decide on charges.

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