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Immigration News

Man’s Use of Another’s Social Security Number Ruled NOT Impersonation

In Colorado, a man who used a stranger’s Social Security number when applying for a car loan is not guilty of criminal impersonation.

Monday, the Colorado Supreme Court ruled that Felix Montes-Rodriguez did not commit criminal impersonation when using the Social Security number of a woman he did not know, because “he gave his correct address, birth date and place of employment,” explained Justice Michael Bender. “Most importantly, he gave his correct name. In the face of so much accurate identifying information, we cannot conclude that Montes-Rodriguez pretended to be another person in his loan application simply because he supplied a false Social Security number. Hence, we conclude that Montes-Rodriguez did not assume a false identity.”

Despite the recent court ruling on criminal impersonation, Montes-Rodriguez can still be charged with identity theft, which carries the possibility of a harsher punishment.

The court records show that the 38 year-old admitted he used the Social Security number so he could legally work in the country and acquire a car loan. The records fail to state whether Montes-Rodriguez is authorized to be in the country.  After the loan was processed, the number’s “owner” was informed, called the police, and Montes-Rodriguez was arrested.

In the end, the court found that the prosecutors did not prove that the law requires those that apply for loans to have Social Security numbers in order to qualify.