Does anybody know what the consequences are of committing identity theft and fraud in CA?

[Mikey]

Since February, I found out that my best friend for several years stole my identity and opened up several credit cards under my name. He was a fellow business partner and was like a brother to me. I knew he was strapped financially, but I never thought someone so close to me would ever stab me in the back. Anyways, I filed a police report against him as well as affidavits to all the credit card companies. Unfortunately, the police won't do anything because they don't consider e-mails and telephone recordings as tangible evidence. Eventually, my former friend took responsibility for committing fraud towards the credit card companies and instead of prosecuting him, they set up a payment program with him so they could retrieve their money back.

Well, it's been several months now and I get a call from HSBC, one of the creditors, and they want to file a lawsuit against my former friend now. They requested for the police report and my investigators information so they could continue on doing what they should have done long ago.

My question is: In California, what are the legal consequences of losing a lawsuit like this? I honestly hope that my former son-of-a-bitch friend gets ass-raped in jail, but that's just wishful thinking. I am wondering if this federal offense can land someone in jail for such a "small" amount of money fraudulently acquired. When I spoke to my investigator, they said that they usually only look for criminals who illegally acquire over $100,000 and that my former friend is likely to just get away with what he did.

 

[Freshgeardude]

why would you care how long it is? if he doesnt respect you and does what you say he did, why would it matter

 

[pontifex]

Originally posted by: freshgeardude
why would you care how long it is? if he doesnt respect you and does what you say he did, why would it matter

 

[akshatp]

He didnt steal $20,000 from you in "credit card debt"

He stole your identity and rang up charges under credit cards in your name.

Either way, what a douche!

 

[rudder]

The dude probably got on the crack or something. Just be thankful that the credit companies know it wasn't you. He will lose the lawsuit, but no one will probably get a dime from him.

 

[paulney]

A friend in credit card need is a friend indeed.

 

[BoomerD]

http://crime.about.com/od/issues/a/aa040718.htm

http://ag.ca.gov/idtheft/

http://www.leginfo.ca.gov/cgi-...001-01000&file=528-539

"528. Every person who falsely personates another, and in such
assumed character marries or pretends to marry, or to sustain the
marriage relation towards another, with or without the connivance of
such other, is guilty of a felony.


529. Every person who falsely personates another in either his
private or official capacity, and in such assumed character either:
1. Becomes bail or surety for any party in any proceeding
whatever, before any court or officer authorized to take such bail or
surety;
2. Verifies, publishes, acknowledges, or proves, in the name of
another person, any written instrument, with intent that the same may
be recorded, delivered, or used as true; or,
3. Does any other act whereby, if done by the person falsely
personated, he might, in any event, become liable to any suit or
prosecution, or to pay any sum of money, or to incur any charge,
forfeiture, or penalty, or whereby any benefit might accrue to the
party personating, or to any other person;
Is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment."

"530. Every person who falsely personates another, in either his
private or official capacity, and in such assumed character receives
any money or property, knowing that it is intended to be delivered to
the individual so personated, with intent to convert the same to his
own use, or to that of another person, or to deprive the true owner
thereof, is punishable in the same manner and to the same extent as
for larceny of the money or property so received.



530.5. (a) Every person who willfully obtains personal identifying
information, as defined in subdivision (b) of Section 530.55, of
another person, and uses that information for any unlawful purpose,
including to obtain, or attempt to obtain, credit, goods, services,
real property, or medical information without the consent of that
person, is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
(b) In any case in which a person willfully obtains personal
identifying information of another person, uses that information to
commit a crime in addition to a violation of subdivision (a), and is
convicted of that crime, the court records shall reflect that the
person whose identity was falsely used to commit the crime did not
commit the crime.
(c) (1) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment.
(2) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person, and
who has previously been convicted of a violation of this section,
upon conviction therefor shall be punished by a fine, by imprisonment
in a county jail not to exceed one year, or by both a fine and
imprisonment, or by imprisonment in the state prison.
(3) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of 10 or more other
persons is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
(d) (1) Every person who, with the intent to defraud, sells,
transfers, or conveys the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment, or by imprisonment in
the state prison.
(2) Every person who, with actual knowledge that the personal
identifying information, as defined in subdivision (b) of Section
530.55, of a specific person will be used to commit a violation of
subdivision (a), sells, transfers, or conveys that same personal
identifying information is guilty of a public offense, and upon
conviction therefor, shall be punished by a fine, by imprisonment in
the state prison, or by both a fine and imprisonment."

 

[Mikey]

Originally posted by: freshgeardude
why would you care how long it is? if he doesnt respect you and does what you say he did, why would it matter

Why would I care? Because I had to go through a bunch of hassle just to get things straightened up. I'm a victim of a criminal offense, so of COURSE I would care. What kind of stupid question is that? If someone fucks me over, I'm going to be proactive about taking care of the situation and getting even with that person. I'm not going to sit around and forget someone screwed me over like you would.

 

[shiner]

.45 ACP through the ballsack

 

[Gibson486]

Originally posted by: paulney
A friend in credit card need is a friend indeed.

hehehe...placebo

 

[Rebasxer]

I honestly think if someone steals your identity, you should be allowed to hunt them down, find them and kill them. If you wanna take someones identity, which is completely devastating if you ever know someone thats been through it, you should be able to take their life since they stole yours.

 

[silverpig]

Originally posted by: Rebasxer
I honestly think if someone steals your identity, you should be allowed to hunt them down, find them and kill them. If you wanna take someones identity, which is completely devastating if you ever know someone thats been through it, you should be able to take their life since they stole yours.

I agree. But then you should be prosecuted for suicide.

 

[lxskllr]

Originally posted by: silverpig

Originally posted by: Rebasxer
I honestly think if someone steals your identity, you should be allowed to hunt them down, find them and kill them. If you wanna take someones identity, which is completely devastating if you ever know someone thats been through it, you should be able to take their life since they stole yours.

I agree. But then you should be prosecuted for suicide.

That's an interesting way of looking at it :^D

 

[Freshgeardude]

Originally posted by: Mikey

Originally posted by: freshgeardude
why would you care how long it is? if he doesnt respect you and does what you say he did, why would it matter

Why would I care? Because I had to go through a bunch of hassle just to get things straightened up. I'm a victim of a criminal offense, so of COURSE I would care. What kind of stupid question is that? If someone fucks me over, I'm going to be proactive about taking care of the situation and getting even with that person. I'm not going to sit around and forget someone screwed me over like you would.

what i mean is, he is already going to pay, as in jail time. when i read the title, i thought you still care about the guy

 

[PlasmaBomb]

Sorry to hear about your situation. Hope it all gets resolved.

Originally posted by: Mikey
Unfortunately, the police won't do anything because they don't consider e-mails and telephone recordings as tangible evidence.

Shens.

The police wire tap and email tap people all the time to find teh terrorists...

 

[masterxfob]

wow, that's messed up. good luck mang!

 

[smack Down]

Originally posted by: Mikey

Originally posted by: freshgeardude
why would you care how long it is? if he doesnt respect you and does what you say he did, why would it matter

Why would I care? Because I had to go through a bunch of hassle just to get things straightened up. I'm a victim of a criminal offense, so of COURSE I would care. What kind of stupid question is that? If someone fucks me over, I'm going to be proactive about taking care of the situation and getting even with that person. I'm not going to sit around and forget someone screwed me over like you would.

You are not the victim, stop acting like one. The whole reason the credit card fraud was renamed identity theft is to make you the victim.

Tell the credit card company to fuck off and do their own investigation.

 

[SonnyDaze]

Damn that sucks dude. Good luck getting that shit sorted out.

 

[lokiju]

Wow, what a douche of a (former) friend you have there.

Good luck with everything.

 

[dquan97]

Originally posted by: Rebasxer
I honestly think if someone steals your identity, you should be allowed to hunt them down, find them and kill them. If you wanna take someones identity, which is completely devastating if you ever know someone thats been through it, you should be able to take their life since they stole yours.

What if you genetically cloned yourself and your clone rang up debt in your name?

 

[funkymatt]

oh wow, you live right next to me. I'm in Laguna Hills. did this guy own a memory company perchance? hah- i used to work for a major doucher.