From: nobody@huge.cajones.com (Huge Cajones Remailer)
Date: Fri, 13 Dec 1996 01:15:29 -0800 (PST)
To: cypherpunks@toad.com
Subject: No Subject
Message-ID: <199612130915.BAA13307@mailmasher.com>
MIME-Version: 1.0
Content-Type: text/plain


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At 11:42 AM 12/12/96 -0800, Red Rackham wrote:
>It seems to me that in the case of an employee giving the wrong number
>to his employer, the only person that suffers is the employee through
>loss of future payments from the Social Security Administration.  The
>employer certainly doesn't suffer.  Assume that the income tax is
>paid.
>
>What laws would an employee violate?  What are the chances of
>conviction?  What are the likely penalties if convicted?

26 USC 7205(a), "Any individual required to supply information to his 
employer under section 3402 who willfully supplies false or fraudulent 
information . . shall, in addition to any other penalty provided by law, 
upon conviction thereof, be fined not more than $1,000, or imprisoned not 
more than 1 year, or both."

42 USC 408(a)(7)(A), "Whoever for the purpose of obtaining (for himself or 
any other person) any payment or any other benefit to which he (or such 
other person) is not entitled, or for the purpose of obtaining anything of 
value from any person, or for any other purpose . . with intent to deceive, 
falsely represents a number to be the social security account number 
assigned by the Secretary to him or to another person, when in fact such 
number is not the social security account number assigned by the Secretary 
to him or to such other person . . shall be guilty of a felony and upon 
conviction thereof shall be fined under title 18 or imprisoned for not more 
than five years, or both." 

and 8 USC 1324a(b) requires that employers force employees to fill out a 
form to document citizenship status, and the form currently in use (INS I-9) 
requests a social security number.

- -- Catfish Friend 



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--
Greg Broiles                | US crypto export control policy in a nutshell:
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http://www.io.com/~gbroiles | Export jobs, not crypto.
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