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Financial Crimes and Fraud Offenses involving fraudulent financial transactions, embezzlement, forgery, insurance fraud, and misuse of checks and credit cards.

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Old 04-06-2008, 05:19 PM
ameperdue ameperdue is offline
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Default Spousal/Family Identity Theft In Ohio And California
Is there any law protecting spouses from their identity being used by their husband/wife?

Here's the story: My estranged wife has used my information to obtain several lines of credit, some while we were separated, some while we were together. I did not know about any of these until reviewing my credit report and receiving delinquent account notices. She got the first credit cards when we were separated for a year, she lived in CA, I was in OH. We attempted reconciliation early 07-she moved to OH, and while I was away for 2 months for work, she used my info to get more credit cards. Looking at my credit report, I have seen where she has tried using my info a lot over the past 2 years, as recent as Feb 08. We were officially separated June 07.
In Dec, her mother called me concerned because she saw credit card notices in our 4 year old son's name. My est. wife has custody. After notifying the CRA's, I found out that in July, my est. wife opened up credit cards using our son's info.

I have followed the FTC's procedures, notified the local police and the credit card companies. I was successful at getting the accounts removed from my name and my son's and they were marked as fraudulent with her as the suspect. The local police have done little to investigate her and prosecute her for the crimes involving me. They have said that it is a civil matter because it is between a husband and a wife. The police investigated her with my son's case and sent the results to the local prosecutor. He has told me it is a civil matter.

I am having a real problem accepting that she is protected against prosecution because she is married to, and the mother of the person she committed crimes against. I've researched it on the internet and have found no law in OH saying that it's ok for her to do what she's done. Does anyone know what the rule is for this?

In addition: while doing all this work to salvage my credit and that of my son's, I found out my est. wife has done the exact same thing to her old roommate in CA. She has opened up credit cards using her info and even obtained a $27,000 student loan. Also, she embezzled money from a cousin's checking account. She has probably done this to many other people and as of now, has suffered no consequences.
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Old 04-08-2008, 08:08 AM
LawResearcherMissy LawResearcherMissy is offline
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Default Re: Spousal/Family Identity Theft In Ohio And California
It's my understanding, as an Ohio resident, that marriage does not protect you from prosecution for identity theft.

The police don't know everything. (Or even anything, depending on the town you're in!)

Get a lawyer.
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