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ACLU Opposes Probe Of Massive ID Theft

From the open borders lobbyists at the Denver Post:

ACLU questions massive ID theft case

By Howard Pankratz

GREELEY – A probe of one of the biggest identity theft cases in Colorado history will be undertaken by two grand juries although the ACLU of Colorado says it is “highly likely” it will challenge the legality of the investigation.

The grand jury probe stems from the seizure last October of 4,900 tax files from Amalia’s Translation and Tax Service in Greeley by the Weld County Sheriff’s Office…

Sheriff’s deputies discovered that out of the nearly 5,000 files seized, there were 1,338 suspected cases of identity theft or criminal impersonation on tax returns filed in 2006 and 2007.

At the time, investigators said many people using the tax service were obtaining false names and Social Security numbers in a massive identity-theft scam.

Authorities traced approximately $2.6 million in payments to illegal immigrants using phony Social Security numbers who used the tax service, said Weld County District Attorney Ken Buck.

The search warrant was based on statements of a man identified as Servando Trejo, who told investigators he had entered the country illegally and purchased a Social Security number and name once he was in the United States.

Trejo said he earned his wages using the Social Security number and name he purchased.

He then went to Amalia’s Translation and Tax Service. There he told the tax service provider about the fake Social Security number and name. He said the tax service prepared his taxes for several years as he worked for different U.S. agricultural companies.

Trejo said he found out about Amalia’s service “through word of mouth.”

The investigation resulted in more than two dozen arrests until December, when a Weld County judge raised questions about the legality of the search warrant used to seize the files.

Specifically, Weld County District Judge James Hartmann said he didn’t believe that a state court had jurisdiction to issue a search warrant for federal tax files. Federal tax return information in the possession of a tax preparer falls within the confidentiality mandates of federal statute, said Hartmann.

Hartmann said he wouldn’t issue any further arrest warrants in the case based solely on information obtained from the Oct. 17 Amalia’s raid – dubbed “Operation Numbers Game” – and specifically from information contained in federal tax returns. At the same time, Judge Roger Klein, chief judge of the Weld County District Court, issued an order sealing all arrest warrants and tax-related documents in the case.

On Tuesday, Buck went before Klein and successfully argued that the 2008 and the incoming 2009 Weld County grand juries – whose sessions are secret and where the tax documents would be kept private – should be able to continue the probe.

In fact, the 2008 grand jury last week returned five indictments related to the identity theft scam. As of today, 49 arrests have been made and there are 65 outstanding arrest warrants…

Mark Silverstein, Colorado ACLU’s legal director, said that Amalia Cerrillo, owner of Amalia’s Translation and Tax Service, has asked for the ACLU’s assistance.

He said both Cerrillo, who has not been charged with any wrongdoing, and the ACLU have serious concerns over the seizure of the tax files.

In a letter to Klein, Silverstein said it is “highly likely” that the ACLU will file a civil lawsuit on behalf of Cerrillo seeking the return or destruction of copies of the materials seized from her business.

“We are concerned about what appears to be an illegal search and seizure and an illegal invasion of the constitutional rights not only of Amalia but also her 5,000 clients and customers,” said Silverstein.

“I’m referring to the search and seizure of the 49 boxes of files and all of her computers, all of the hard drives, all of the CDs and all of the floppy discs,” Silverstein added.

The ACLU legal director said that everybody in Colorado is protected by both the U.S. and Colorado state constitutions and one of the strong protections under the Colorado constitution is “the right of privacy”.

“In this case, there were 5,000 breaches of privacy – 5,000 customers,” said Silverstein. “The confidential files of 5,000 customers were seized on the basis of a warrant that was not supported by individualized probable cause. We are concerned about preserving the rule of law.” …

Just what is the ‘American Civil Liberties Union’ protecting here? Whose civil liberties, exactly?

We know it sounds crazy, but it sometimes seems like the ACLU is an organization founded by Communists who hate this country and want to destroy it.

(Thanks to BillK for the heads up.)

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This article was posted by Steve Gilbert on Friday, January 16th, 2009 at 2:19 am. You can leave a response.

14 Responses to “ACLU Opposes Probe Of Massive ID Theft”

  1. BillK
    January 16, 2009 at 2:09 am

    The ACLU is at it again.

    From the Denver Post:

    ACLU questions massive ID theft case

    By Howard Pankratz

    GREELEY – A probe of one of the biggest identity theft cases in Colorado history will be undertaken by two grand juries although the ACLU of Colorado says it is “highly likely” it will challenge the legality of the investigation.

    The grand jury probe stems from the seizure last October of 4,900 tax files from Amalia’s Translation and Tax Service in Greeley by the Weld County Sheriff’s Office…

    http://www.9news.com/news/arti.....;catid=188

    Protecting illegal aliens’ right to steal Social Security numbers and identities, that’s the ACLU.

    • curvyred
      January 16, 2009 at 4:57 pm

      Yet no help for Joe the plumber who clearly had his right violated by overzeaulous Barry supporters.

      They are vile and so far left it isn’t even funny – wonder if they will be helping the white family in PA who had their children taken away because of their names?

      I doubt it

  2. proreason
    January 16, 2009 at 11:42 am

    The only crimes remaining in America are liking Bush and believing in God.

    • Liberals Demise
      January 16, 2009 at 7:17 pm

      Don’t forget about our 2nd Amendment Right to Keep and Bear Arms!!

      Not to be confused with the 2nd and 1/2 Amendment……
      To Keep and Arm Bears!!

  3. caligirl9
    January 16, 2009 at 5:01 pm

    Let me get this right … the ACLU is protecting a business that knowingly filed tax returns using stolen social security information?

    From someone who has been the victim of a farmworker using my social security number, this is a crock ‘o crap (yes, it was an agricultural worker, I learned that once I asked for information regarding “that alleged employer.”). I received a bill from the IRS for additional taxes on income not reported and when I asked for information where I did this work, it was five hours from where I lived. And I was employed as an RN at the time! It was quite the hassle to prove that wasn’t my money, that my SSN was being used fraudulently, and the burden of proof was on me to prove I was at work elsewhere at the time.

    This isn’t a victimless crime.

    • Helena
      January 16, 2009 at 6:50 pm

      Wow, caligirl – what a thing to go through. And how infuriating that you had to give up your time, and get stressed out to prove you were not out in the fields picking rutabagas on your coffee breaks and weekends. Talk about adding insult to injury.

      One of those TV lawsuit gangs should organize a “Victims of tax identity theft” class action suit against this Amalia dame, and the ACLU.

    • Liberals Demise
      January 16, 2009 at 7:20 pm

      If Amelia is her REAL name and / or if she is REALLY a he!!
      Not joking here!!

    • retire05
      January 16, 2009 at 7:37 pm

      caligrial9, how did it work out? I was told that once that money is paid into your Social Security account, it cannot be redistributed. I am also under the impression that SS will no cooperate with ICE in locating the perp. I know people who have been trying to get their stolen SS numbers under control for a long, long time.

    • caligirl9
      January 16, 2009 at 8:21 pm

      retire05, I think the person who took care of my problem just left the funds in “my” account, because there was no place else to put it. I ended up not having to pay the tax, interest and penalties. Once the offending paperwork was located (a W-2 which revealed the employer, employee’s name and amount paid), I had to investigate the dates worked, then had to prove I was at work at a hospital at the same time.

      This was back in the 1980s, so who knows how much more difficult things are now. Not that La Migra did much different in the 1980s either, except for raid in the fields and such.

  4. JohnMG
    January 16, 2009 at 7:04 pm

    …..”We know it sounds crazy, but it sometimes seems like the ACLU is an organization founded by Communists who hate this country and want to destroy it……”

    The ACLU began life as a front organization for the CPUSA, and has retained its ties to the Communist Party ever since. It is really no secret, (although jbharris doesn’t believe it) but if you bring this to anyone’s attention, you will immediately be labeled a McCarthy-ite.

    I long for the day when anyone belonging to this subversive element is hounded out of existence for being the mangy vermin they are.

    • Steve
      January 16, 2009 at 7:21 pm

      “The ACLU began life as a front organization for the CPUSA, and has retained its ties to the Communist Party ever since. It is really no secret…”

      I was being facetious. Hence, the link to their history.

    • JohnMG
      January 16, 2009 at 7:33 pm

      As was I, SG.

      Have you ever been exasperated to the point of tears while trying to get someone to actually read the readily available truth? I’ve often been treated like a three-headed Martian for even bringing it up. (sigh)

    • Steve
      January 16, 2009 at 7:42 pm

      Yes, it is very demoralizing. And, as you rightly point out, John, the ACLU is one of the hardest things to get people to understand.

      Of course liberalism is a religion.

  5. curvyred
    January 16, 2009 at 10:10 pm

    Someone please explain to me how the illegals have rights under the Colorado constitution ?

    Because I don’t get it.

    “The ACLU legal director said that everybody in Colorado is protected by both the U.S. and Colorado state constitutions and one of the strong protections under the Colorado constitution is “the right of privacy”.”

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