A nutty problem

Sorry for the length of this post, but government problems can be rather complicated.

The papers carried a news item today about a woman arrested at the Fisher Nut plant in Elgin. She was using someone else’s identity and the problem was traced back to her at work.

Lot’s of things have to work right in order for someone to get caught.
1) The IRS has to give you enough detail to investigate
2) The local police have to be willing to help the victim
3) The police on the other end have to take action
4) Prosecutors and judges have to take it seriously

Doug’s experience with ID theft has not been so pleasant. When we filed our taxes a year ago we were told by the IRS that Mrs. Heaton’s SSN had already been used to file taxes by someone else. The burden was on US to prove who we were, although we’ve been filing jointly for 31 years!

And logically, we wanted some details from the IRS about who was using her identity and where. There was no way the IRS was going to tell us. But maybe they would tell our local police.

So, we contacted the Elgin Police Department. They told us to request a Social Security earnings report and look for suspicious earnings. The only trouble with that suggestion is that it takes FIVE WEEKS to receive that information, and when it came 2006 earnings had not yet been posted. (This was JUNE, mind you.)

So we got the report and called the Elgin Police again. They didn’t want to take the report because we couldn’t prove any loss. We tried to explain that we wanted a report on file so the IRS would release information to them. The “loss” may not show up for years, but someone is using my wife’s Social Security number. This is a problem. They didn’t get it, but finally in September they agreed to register a complaint so we have a case number.

Part of the ID theft problem is that the victims do all the work and elected officials pay lip service, but when it comes to enforcement you have to show a loss before anyone will do anything.

And when you do catch someone the judges and prosecutors are such fools that they set a low bond and the people disappear.

AFLA wants our government to protect us. That’s what we elect them for and pay them to do. Specifically:
The city – Become an example and an educator to local businesses (as explained in our link to the AFLA website: http://www.legalamericans.net/cnSSN.html )
The police – Cooperate with citizens who want to file a complaint
The police – Investigate and file charges (Good work at Fisher Nuts, guys!)
The police – Identify immigration status and notify ICE
The States Attorney – Recognize flight risk and recommend high bail
The judges – Go beyond admonishing the defendant and involve ICE
The County Clerk – Fix the voter registration loopholes

We’ve got proof that Kane County States Attorney doesn’t have a clue about the seriousness of this problem, as explained in this news item from October:
Man pleads guilty to identity theft
By Harry Hitzeman Daily Herald Staff
Published: 10/22/2007 11:25 PM
A Carpentersville man was sentenced to two years' probation after pleading guilty Monday to identify theft.
Felipe Osornio, 29, of 812 Monroe Ave., faced up to 30 years in prison for using a stolen Social Security number of a California teen to take out a $173,000 mortgage on his home, a car loan, open several credit card accounts and sign a wireless phone contract.
Osornio was up for a jury trial in Kane County but agreed to less serious identity theft charges instead.
If he violates probation, prosecutors could push for a five-year prison term. Osornio also must notify all of the victim's creditors that he borrowed money using her information.
Osornio was arrested and charged in February. Because he is an illegal immigrant, he could be deported because of the felony conviction.
It was unclear whether authorities planned to pursue that course of action.
Authorities began investigating earlier this year after the victim, then 19, went to get a wireless phone and a sales clerk asked why she wanted a second one.
Police learned the victim's information had been used since she was 14. Carpentersville police said they tracked the lead to Osornio, who used his own name when he set up the accounts and paid his bills.
Assistant State's Attorney Brian Mirandola said Osornio does not have to pay restitution because the victim did not suffer any out-of-pocket expenses.
"(The defendant) did it basically to live, to work, to get a house and car loan," said Mirandola, who added: "I think it's a fair disposition (of the case)."

Or this one from November:
Woman charged in identity theft
By Gene Haschak Daily Herald Staff
Published: 11/7/2007 12:18 AM
A 30-year-old McHenry woman was charged Monday with identity theft, accused of stealing someone's personal information to get a job, Carpentersville police said.
Adriana E. Campos of 1615 Knoll Ave. was charged with possession of fraudulent identification and financial identity theft, police said.
A 34-year-old Belvidere woman recently contacted Carpentersville police after she got a bill for more than $300 from the Internal Revenue Service for nonreported earnings from Trim Rite Industries, 801 Commerce Parkway, Carpentersville.
The victim said she never worked for the company and felt someone was using her identity, police said.
Two detectives went to Trim Rite and recovered a fraudulent resident card given to Trim Rite when Campos started her employment on Oct. 18, 2005, police said.
The detectives then arrested Campos in McHenry. Campos said in court she is not a U.S. citizen and has a 3-year-old child at home.
Furthermore, Immigration and Customs Enforcement placed a hold on her for possible deportation.
Campos was unable to post a $1,500 bond and was taken to the Kane County jail.
Campos' next court date is Nov. 29 at the Kane County Judicial Center.

Or this one, also from December:
Rolling Meadows men accused of identity theft
By Gene Haschak Daily Herald Staff
Published: 12/5/2007 12:34 AM
Two Rolling Meadows roommates were accused Monday of using a Carpentersville man's personal information to get jobs, credit and loans.
Emilio Velazquez-Villa, 30 and Gabriel Fuentes-Garcia, 26, both of 4964 Algonquin Parkway #A, were charged with identity theft, according to court records.
Velazquez-Villa also was charged with two counts of possession of fraudulent identification cards and was wanted on warrants from DuPage and Cook counties, police said.
The victim told police that when he attempted to obtain employment benefits earlier this year, Social Security informed him he was employed at a Woodfield mall restaurant.
When he tried to get a credit card, he was informed he had multiple delinquent accounts totaling more than $17,600, police said.
Velazquez-Villa bought the fraudulent Social Security and resident alien card for $70 eight years ago in Georgia, police said.
Velazquez-Villa used the two cards to get jobs at five different businesses in Schaumburg, police said.
Fuentes-Garcia used the two cards to get a job at a Woodfield mall restaurant because he did not have papers to legally work in this country, police said.
Fuentes-Garcia posted $2,000 bond but was taken into custody by Immigration and Customs Enforcement agents Tuesday.
Velazquez-Villa was taken to the Kane County jail with a $10,000 bond, but ICE also placed a hold on him.
The two men have scheduled court dates on Dec. 19 at the Kane County Judicial Center.

Or this one from January:
W. Chicago man accused of stealing 11-year-old's ID
By Gene Haschak Daily Herald Staff
Published: 1/10/2008 12:23 AM
A West Chicago man Tuesday was accused of stealing an 11-year-old girl's Social Security number nine years ago and using it to buy a house and get a job, among other things, police said.
Police caught the theft when the victim, now 20, tried to collect Social Security benefits and get a cell phone.
Ambrosio DeJesus-Flores, 39, of 133 W. Blair St., was charged with felony identity theft, an offense that could land him in prison for four to 15 years if he is convicted.
During the past nine years, police said, DeJesus-Flores used the Social Security number to secure a $149,000 mortgage on his home, to maintain employment, to receive cellular telephone service, to obtain credit and to register two vehicles.
DeJesus-Flores bought the Social Security number for about $200 nine years ago in Chicago, police said.
The victim, who lives in Carpentersville, learned of the theft recently when she tried to collect benefits from the Social Security Administration and was told she shared the same number as DeJesus-Flores, police said.
She also attempted to open up a cellular phone account and was told someone already started one using her Social Security number.
DeJesus-Flores was being held in the Kane County jail on $15,000 bond with a Jan. 24 court date at the Kane County Judicial Center.
Immigration and Customs Enforcement also put a hold on DeJesus-Flores.

Here’s an article about a case involving 16th Circuit Judge Susan Clancy Boles, the same one who let our Nutty ID Thief out on $4,000 bond (that is $400 in street money). Note she uses the same warning, “This could affect your status in this country,” in both cases. No wonder they run around town without fear! Even in court they aren’t worried!

Carpentersville man is charged in drug raid
By Gene Haschak Daily Herald Staff
Published: 2/10/2008 12:06 AM
Three men were arrested and 37 grams of cocaine were seized at 6:50 p.m. Friday when Carpentersville police entered a home with a search warrant, authorities said.
One of the residents, Gary Lagunis, 24, of 113 Madeira Circle, Carpentersville, was charged with possession of a controlled substance with intent to deliver and possession of a controlled substance, according to court records.
Lagunis had been wanted previously on a warrant for charges of Class X felony delivery of a controlled substance, delivery of a controlled substance and possession of a controlled substance, police said.
Two other men in the home were taken into custody by Immigration and Customs Enforcement agents; their names haven't been released, police said.
Lagunis said in court Saturday that he was employed in a warehouse, was not on probation or parole and was not a citizen of the United States.
Kane County Judge Susan Clancy Boles said if Lagunis is convicted of any or all of the charges, it might affect his status in this country.
The bonds for the five charges against Lagunis were set at a total of 10 percent of $500,000.
He was unable to post bond and was taken to the Kane County jail.
His next court appearance is scheduled for Feb. 22 in the courtroom of Judge Patricia Golden at the Kane County Judicial Center.


Or this information from Jack Cunningham, Kane County Clerk, about voter registration fraud:
Illegal immigrants may be registering to vote
January 24, 2008 Courier News
By DAVID GIALANELLA Staff Writer
It's a question many have asked: Is it possible for an illegal immigrant or a legal noncitizen to end up an illegally registered voter?
It appears the answer is "yes."
"It's a very difficult thing to handle," said Kane County Clerk Jack Cunningham, who is in charge of elections and overseeing voter registration. "We never single out any group. There has to be a presumption that they are citizens unless it's proven otherwise. We, at this level, don't have much control over the issue."
According to a mail-in form provided on the clerk's Web site, voter registration applicants must answer "yes" or "no" to the question: "Are you a citizen of the United States?" Applicants also are given the option to submit a driver's license number or Social Security number, but doing so is not required, according to the form. Either a photo identification or another document -- such as a utility bill or paycheck -- can be submitted, the form states.
In Illinois, the counties hold authority over elections, and different counties handle the responsibility in different ways. For instance, some print their own registration documents, while others enter into contracts with outside companies for the forms.
While it likely butts up against constitutional law to ask for proof of citizenship only from applicants who "appear" to be foreigners, requiring a more stringent process may be only slightly more feasible, Cunningham said.
"You're also talking about staff and money," something he feels his office could use more of.
Though it hasn't been a hot topic in Springfield, illegal immigrants and other noncitizens voting remains a concern, according to one local lawmaker.
"It's absolutely possible, and it's a problem," said Illinois Sen. Michael Noland, D-Elgin. "I'm not sure how to combat that. I'm open to suggestions."
Even though illegal immigrants and those with temporary visas could fall through cracks in the registration process, Noland said he doesn't believe it's the result of some nefarious effort to get folks to the polls illegally.
One unexpected problem arose with Illinois' "motor voter" program, whereby some driver's license applicants accidentally were handed voter registration materials at the same time, Cunningham and Noland said.
Immigrants with temporary visas are given temporary Social Security numbers, so some can drive legally, but none can vote legally. While documented noncitizens can obtain licenses legally, illegal immigrants cannot because a Social Security number must be provided, a spokeswoman from the Illinois Secretary of State's Office said.
"They're not even attempting to do it," Noland said of noncitizens who end up on the county's voter rolls. "It's not like they made the attempt to become voters."
Still, a "series of bills" is needed to add more statewide safeguards, Noland said.
"There's got to be some strong indication that you are indeed a citizen," Noland said. "I don't have a problem with that."
According to Cunningham, just because not every registrant is asked to show a passport, it doesn't mean his office isn't keeping an eye out for suspicious entries on the county's master list of registered voters.
While errors can be made, Cunningham said he's not too concerned. But one thing is for sure, he said: it's a divisive issue.
"I'm very concerned that everyone who's on our list is legal," Cunningham said. "I don't think in Kane County it's a particular problem at this point. We have groups that come in and say it is, and we have groups that say it isn't. It's a very difficult issue."

Well, Mr. Cunningham, why don’t you at least answer our e-mails. There might be an idea or two for you to consider to get a handle on this problem.

The bottom line is that government at all levels has proven they have turned the asylum over to the inmates. AFLA wants to talk about it and EXPOSE every foolish example of inept government. Please contact these agencies and write to the papers.