Legal Question in Family Law in California

is this fraud

I have discovered that a family member has used several names on background check. One person is deceased and he is using his own social number. How can this happen. The background check has been run 3 times by different agencies.

The deceased man has a trust mentioned and the person using his name is in the finalcial field.


Asked on 10/11/02, 11:06 pm

1 Answer from Attorneys

Larry Lee Larry Mason Lee

Re: is this fraud

OK. Let's assume that you believe that you've stumbled upon a case of identity theft (a criminal matter if done for any benefit whatsoever, and the benefit can be inferred from proof of the circumstances surrounding the act).

Then, you have three choices:

1. Turn this person in to the police and let them sort out the facts.

2. Do nothing, but knowingly accept benefits from this person.

3. Do nothing, but stay as far from this person as possible, absolutely cut them out of your life.

Choice one is not mandated unless you are aware of a crime being planned or a crime in progress.

Choice two makes you an accomplice, criminally liable.

Choice three leaves things as they are, makes sure that you do not become privy to information regarding a crime in progress or about to be committed and makes sure that you are not receiving any benefit or otherwise becoming involved in a crime.

I recommend carefully checking the facts to see whether you actually have personal knowledge of a crime committed, in progress, or planned, if you do then take choice one. Choice two is not an option. Choice three allows you to continue your normal life without criminal association/ involvement and is appropriate if you have suspicion but not proof.

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Answered on 10/12/02, 9:36 am


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