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I had a friend that asked me for some identity information so he can get a job underage. I figured nothing would be wrong with that, until he went to my bank and withdrew not only all the money from one of my bank accounts, but withdrew $500 more than what was in the bank account. I gave him SSN and my name over the phone.

Since he stole my money I don't want him working illegaly under my name anymore. There is no proof that I gave him anything becuase I did all that over the phone, but there is proof he used a fake ID and falsified the application, my question is
Can I stop this person from using my identity without getting myself in trouble?

(Please do not point out this was a bad idea, I figured that out aleady and mentioning it wont help, what I need to know is what should I do now)

2006-12-04 16:06:21 · 10 answers · asked by Emilio A 1 in Politics & Government Law & Ethics

10 answers

I would report it as stolen---turn him in. He has no proof you gave it to him. since it was over the phone..do not let him get away with this. you shouldn.t get into any trouble. its his word against yours. but you have the proof he used your ss number....good luck

2006-12-04 16:24:01 · answer #1 · answered by Kismitt 6 · 0 0

The crime that you are referring to is called conspiracy.
Conspiracy law usually does not require proof of the specific intent by the defendants to injure any specific person in order to establish an illegal agreement. Instead, usually the law only requires the conspirators have the agreed to engage in a certain illegal act. This is sometimes described as a "general intent" to violate the law. [1]

This is the fact, if he is not charged with a crime then you will not be charged with a crime, it's that simple.
So much legal precedent is behind this; one example is The Han Twins Murder Conspiracy. The actual murders were charged with conspiracy, the person who hired them was charged with "Conspiracy to commit murder." There are little to no cases where the executor was not charge but a conspirator was, usually these cases involve insanity or other things that excuse a crime. [2]

The best way to go about this is to go to each employer, (provided you can find where he works) and tell that employer your friend is not you. Your friend won't go to jail, but at least he will be fired.

About him taking your money, you can actually take him to court. Your money may be irrecoverable, but even if you allowed him unlimited access to your money if he withdrew more money than your bank account had, then **he** is guilty of attempting to steal money from the bank.
***I VERY STRONGLY RECCOMEND YOU PURCHASE A CREDIT MONITORING SERVICE SUCH AS PRIVACYMATTERS.COM***** you'll be able to catch him in a flash if he tries anything.

2006-12-04 16:47:07 · answer #2 · answered by Great A 2 · 0 0

Ok dude, I got the same problem kinda. I lost my Original SS Card somewhere, not sure where. You can call ANY OF THE THREE CREDIT BURUEAS AND HAVE THEM PUT A FLAG ALERT ON YOUR SSN. What that does, if anybody tries to open credit in your name, they MUST call you FIRST before doing so. That way, even tho he has your info, if you put a 7 yr. flag alert on your SSN, whoever he tries to apply for credit under your name with MUST contact you FIRST by law. I did this with my name. Also, you can obtain a FREE annual (YEARLY) credit report from www.annualcreditreport.com that is some serious ****. I would HIGHLY recommend doing this in that case. Hope you take my advice, and soon. Good luck.

2006-12-04 16:27:30 · answer #3 · answered by Anonymous · 1 0

talk to the police. he is a thief already, and i guarantee u you will have problems with this for a long time. unless u stop him, he will always be able to work illegally and stiff you with the taxes, take cash from your bank account, obtain credit in your name, and uses your identity if he gets in trouble with the law and uses your info, and there is no record that it was stolen from you. what if he also tries to sell this information for cash too? then the headache will multiply for you. deal with it now. if you are afraid of legal trouble, contact a layer first, but don't let this get any worse

2006-12-04 16:22:53 · answer #4 · answered by Jen 5 · 0 0

FIRST NUMBER ONE ASAP YOU MUST:
Freeze your credit report. Report your identity stolen with the 3 credit bureaus. Someone left a link already. But lock it up with a password. If you need to apply for credit, you have to unlock your credit report for the day you know your credit will be checked. Then no one can apply for credit in your name. If you apply for school or mortgage, leases, cards.... etc... you won't get what you want unless you unlock your credit on the specific days they call it up. It's a pain in the a... I know...

Call SS admin and report your identity stolen. Funny thing... the SS Admin knows that your identity is in 2 different places, but can't do anything to tell you due to privacy laws. I suggest... tell on your friend, and deny deny deny everything! He found your stuff in your mail or in your house, but not from your mouth! I wonder if you can get a new SS # and cancel the old one? Never hurts to ask. Probably not though.

Contact your bank. Get a NEW bank account with a password protection on it.

Also, go to the police station locally, and file a complaint against him. Ask them if this is a law broken that they will pursue or if you have to do it yourself. ie "press charges".

Also, sue him in small claims court for the money he stole, plus damages to your credit, plus pain and suffering plus anything you can think of, and make him pay you the maximum $$$ you can sue for in small claims court. $2000? or $5000? Either one... In Small Claims Court... no one is allowed to have a lawyer, and you represent yourself. The judge hears both sides and quickly makes a decision. No one gets a chance to argue, but it's worth it because as long as you DENY EVERYTHING, no one will know, and you take it to the grave with you. You've been vicimized regardless of your participation. Your identity in this country is all you have, and when someone takes that... they take YOU. Also... get your money back. Bring all bank records and employment records showing everything he did on the exact day he did it.

Go to his work when he isn't there, and talk to his employer telling them that he stole your identity and is working under your name and SS#. They will deal with it. Tell them that their papers need to change asap or you will press charges against their business. (Follow up) All these things are a pain in the a.. but these are the consequences to your actions.

Good luck.... Just DENY EVERYTHING!

2006-12-04 16:58:25 · answer #5 · answered by jennilaine777 4 · 0 0

I wouldn't even mention why you gave him the info.
shouldn't really matter that he used your identity to work, as lonmg as he let taxes be deducted. but since he stole your money, he is probably getting you in trouble with the IRS to. It is time to put a stop to it!
can't be that much trouble for giving him the identity info, you didn't force him to use it to steal from you, or to work underage!

2006-12-04 16:14:32 · answer #6 · answered by jj 5 · 0 0

I would report your identity as stolen. Tell the bank so you can get your money back. Tell them you know who stole it. You'll probably get into some degree of trouble but best of luck.

2006-12-04 16:15:00 · answer #7 · answered by Sarah C 4 · 0 0

Sorry but you are party to a crime. You aided this person in faking
his identity. & the only way this can be cleaned up is for you to come clean It would be best to see a lawyer as soon as you can.

2006-12-04 16:20:37 · answer #8 · answered by Floyd B 5 · 0 0

The fact that you gave him your information willingly, gives you no case. If you told him your Social Security number for the purpose of allowing him to use it and pretend to be you, then your friend did no wrong. He pretended to be you - and you lost money because you allowed him to do so.

2006-12-04 16:14:56 · answer #9 · answered by Rissie 2 · 0 0

What you did would be considered fraud, but if I were you I would just have to take my lumps and report this character to the police. No one has the right to rob you blind!

2006-12-04 16:19:05 · answer #10 · answered by worldwise1 4 · 0 0

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