ACLU Challenging Identity Theft Investigation

Most people in Law Enforcement refer to the ACLU as the All Criminal Lover's Union. I can't remember when the ever helped someone who was not under arrest. In this case, the will challenge the validity of a search warrant in one of the biggest cases of Identity Theft in Colorado history.

ACLU questions massive ID theft case in Greeley
By Howard Pankratz
The Denver Post

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.

...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.

....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. (Full text at www.DenverPost.com)

To learn more about Identity Theft and what to do if you are a victim, visit www.StopIdTheftCrime.com and subscribe to the newsletter to obtain your free 46 page eBook "Fighting Back Against Identity Theft".

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