From: nobody@huge.cajones.com (Huge Cajones Remailer)
Date: Thu, 12 Dec 1996 11:42:46 -0800 (PST)
To: cypherpunks@toad.com
Subject: Social Security Fraud
Message-ID: <199612121942.LAA22670@mailmasher.com>
MIME-Version: 1.0
Content-Type: text/plain



Red Rackham wrote:
>>>As for the social security number, it has been claimed many times on
>>>this list that nobody checks them anyway.  There are programs which
>>>generate real-appearing numbers.  (I think one was called
>>>"ssn.exe".)
>
>>While I understand the greater social good, I, personally, am not
>>interested in violating applicable fraud statutes.  This is a
>>borderline case in which consideration to the idea, of course, should
>>be given.  I would hesitate to expose these people to that risk.
>
>I would not propose committing fraud.  I do not understand who would
>be defrauded by giving an employer an incorrect social security
>number.  The company pays the salary either way.

To which Matthew J. Miszewski replied:
>>I would not propose committing fraud.  I do not understand who would
>
>You already have.

As Mr. Miszewski is clearly too busy to answer my question, perhaps
some of the lawyers on the list will be kind enough to help me out.

Under what conditions is it fraudulent to give the wrong social
security number?

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?

Red Rackham