An area man accused of trying to use a false Social Security card to obtain an identification card isn't the highest-profile case the Fond du Lac County District Attorney's Office will deal with this year.
But the case definitely has raised some questions about how to prosecute a person whose identity you are not sure of, said District Attorney Michael O'Rourke.
O'Rourke was up in arms after a request to the U.S. Social Security Administration to provide someone to testify at a jury trial for Jose A. Lopez-Barrera — a 17-year-old Eden boy accused of using a false Social Security card to try and obtain a driver's license — was denied. ...
In a letter from the Social Security Administration denying the request, Michael G. Gallagher, associate general counsel for general law, wrote that the district attorney's application did "not establish the criteria necessary to allow employee testimony."
" … Allowing the testimony in this matter would unduly burden SSA (Social Security Administration) … the testimony would unduly expend the United States' resources for private purposes," Gallagher said.
Jul 5, 2007
Prosecutor Mad At Social Security
From the Fond du Lac Reporter:
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8 comments:
Just shows all the preventing identity theft talk from SSA is just talk.
Just as a point of contention isnt the FTC the agency in charge of identity theft. They do run the ID theft clearinghouse?
Illegal aliens should be deported, not supported.
SSA should be ashamed of itself.
"Allowing the testimony in this matter would unduly burden SSA (Social Security Administration) … the testimony would unduly expend the United States' resources for private purposes"
What a load of crap. How does testifying for a district attorney become private purposes.
Why should SSA be involved in this? What exactly would the SSA representative be testifying to? That the number is fake. A person allegedly used a fake SS card to try to get a license. Lots of people do that. Are you suggesting we know spend tax-payer dollars (or money from the "trust fund") to send representatives all around the country to courts to testify to how that is determined? The prosecutor has access to the official documentation. He just wants the testimony for theatrics.
SSA's testimony in this would have NOTHING to do with it's role in preventing identity theft.
In a case like this, the prosecutor can receive most, if not all, of the information he needs in court certified written form. I'm sure that the part of this article that is missing.
SSA has failed to provide any written documantation in this case so DA cannot go forward without testimony
Gallagher went on to write that the Wisconsin Department of Transportation has "access to the requested Social Security information" and can provide a written report for court purposes.
O'Rourke said he believes that testimony from a Social Security office employee would've been more effective in front of a jury.
O'Rourke is still waiting to hear if the SSA will provide his office with an official "no-match letter," which would serve as proof that a Social Security number is false.
So the State of Wisconsin can provide what the prosecutor needs? Does this include the "no-match letter," whatever that is? To repeat the above posts, why should SSA get involved if the state has this information? Is it less official?
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