Identity Theft - I Am the Victim

[lisajade]

My question involves criminal law for the state of: California

My social security number was stolen and used by another person to obtain employment. I was not aware of the use until my 2006 tax return was audited in 2008 and I was informed that I had under-reported my income. The notice (from the IRS) provided the employer name. I contacted the employer and advised them of the situation. The employer, a major corporation, told me that they could not provide any information re: the person (address used for paychecks, etc) - that the information was confidential. They subsequently terminated the employee but that left me not knowing who used my identity. The police could do nothing without knowing the identity of the person using my identity. The person continues to use my stolen social security number. I was told by the IRS that I will face this issue on an annual basis - my 2008 refund is being withheld due to supposed taxes due for prior years. I have spent HOURS trying to sort this out and my feeling is that the corporation had a duty to report this person to the authorities. Am I right?

[Mr. Knowitall]

The police should be able to get the person's identity from the employer.

You can file a lawsuit against this person (a so-called "John Doe" suit), then try to subpoena information about the person from the employer; if you want to try that, I suggest getting help from a lawyer.