U.S. District Judge Paul Cassell, a longtime advocate for crime victims, is distressed that judges do not have the power to force identity thieves to compensate victims of identity theft for the hours of lost time it takes to restore their good names and good credit.
Cassell called for changes in the restitution laws in a memorandum he issued Wednesday in the case of Ruby Teresa Garcia, who pleaded guilty to aggravated identity theft. Investigators say Garcia stole mail and burglarized vehicles, then got credit cards not in her name to either sell to others or to buy things for herself over the Internet.
Garcia was sentenced to two years in prison and must pay $6,839 to two banks.
But Cassell's sympathies clearly were extended to a woman identified in federal court records as H.F., who described herself as a working mother.
Garcia stole H.F.'s identity and ran up thousands of dollars in credit card charges. H.F. was not financially liable for those, but Cassell wrote "it took H.F. considerable time and emotional energy to clear her credit."
The banks will get their money back, but there is no mechanism to assist H.F. Her purse was stolen when her car was vandalized at a gym, and she lost her charge cards, driver's license, Social Security card, gift certificates and keys for work.
Cassell noted that nothing compensates for all the effort H.F. put into closing a bank account, handling fraudulent credit card charges and generally cleaning up the mess.
H.F. also was greatly worried about just who had information about her and her family, and wrote to the court recounting her pleas to her husband to get the locks changed on their home and get a post office box to avoid strangers breaking in to steal something, or worse, to hurt her and her family.
"Finally and most importantly, H.F. suffered a loss of what she called her 'most precious thing' — her free time," the judge wrote.
Cassell wrote that the Judicial Conference, which handles federal court administration policy, favors legislation that would give judges power to award restitution as they deem fit when it is appropriate. Cassell urged Congress "to give federal district judges the tools we need to fully compensate victims of aggravated identity theft — and victims of all federal crimes."
E-mail: lindat@desnews.com