Appellate Law

CA1: all the crimes involved in using a stolen social security card to get public housing

By S. COTUS

US v. Hererra-Martinez, No. 07-1363.  An undocumented immigrant got low income housing using someone else?s ID card.  She was charged with:

• use of another's Social Security number, 42 U.S.C. § 408(a)(7)(B)
• knowingly converting public money or property, 18 U.S.C. § 641
• aggravated identity theft, 18 U.S.C. § 1028A

As to 42 U.S.C. § 408(a)(7)(B), the First says people can be convicted of obtaining benefits besides social security.

As to 18 U.S.C. § 641, the First says that there is no ?asportation? requirement built into the statue, and the government need not prove actual loss, and HUD dollars are government property.

Full post as published by Appellate Law and Practice on April 30, 2008 (boomark / email).