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Pough

Private Detective pulled credit report without consent

8 posts in this topic

The question is, " What laws have been violated?"

"Why won't the prosecutor charge suspect? "

 

On Nov 29, 2017, a California State Licensed Private investigator  obtained my consumer credit report without my knowledge or consent. He did this in service of his client who is trying to recover $47k dollars of cash that was being laundered through a checking account that was fraudulently opened using my stolen SS number. 

 

The "PI" used his position as a "Property Manager" (for buildings his parents own) to request the consumer credit report for "Tenant screening" purposes. There was no applicant and no application.

After initially lying about his conduct "PI" has confessed to me and to the Lead Detective of the local Police Department.

 

Transunion has provided a document declaring that “We are in receipt of an inquiry removal request of 11.29.2017 for (victim). Please be advised that the inquiry, reporting from (XXXXXXXXXXXXXX) , affiliated with (XXXXXXXXXXXXXX) ( XXXXXXXXXXXXXXX) has been removed.”

 

"PI"  has two licenses.  One license as a "PPO", which can use to get "tenant screening" reports.  His other license is as a "PI." (investigator)

"PI" used the PPO to get the unauthorized Credit Report, and then used it for his "PI" client. 

 

"PI" has admitted to his deceitful conduct during a recorded telephone conversation with Burbank Police detective .  Special Prosecutor has admitted he has heard the confession in that it was a recorded telephone call. Special Prosecutor has confirmed that he heard "PI's" confession from the recording and also heard that an accessory gave "PI" the SS#.

 

 References Case ID 17-12192 Nov 2017 (Burbank Police) pending, BSIS Complaint Number: 1202018001350 (pending)

 

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1 hour ago, Pough said:

What laws have been violated

 

Probably the federal Fair Credit Reporting Act that you can google.

 

CA has a lot of laws regarding background and credit checks. You are free to google those, too. You'll spend as much time on it as I would. Better you than me.

 

1 hour ago, Pough said:

Why won't the prosecutor charge suspect?

 

You'll have to ask the prosecutor.

 

 

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13 hours ago, Pough said:

What laws have been violated?

 

Probably the federal Fair Credit Reporting Act.  California has an analogous law, the name of which I can't recall off the top of my head.  Ultimately, though, unless you're going to sue (in which case you would be well advised to hire an attorney), what does this matter given that it's already been reported to the police?

 

 

13 hours ago, Pough said:

Why won't the prosecutor charge suspect?

 

How should we know?  It would seem to me that, if you want to know why Person X did or didn't do something, it would make far more sense to ask Person X, rather than a bunch of folks who don't even know who Person X is.

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4 hours ago, pg1067 said:

 

Probably the federal Fair Credit Reporting Act.  California has an analogous law, the name of which I can't recall off the top of my head.  Ultimately, though, unless you're going to sue (in which case you would be well advised to hire an attorney), what does this matter given that it's already been reported to the police?

 

 

 

How should we know?  It would seem to me that, if you want to know why Person X did or didn't do something, it would make far more sense to ask Person X, rather than a bunch of folks who don't even know who Person X is.

To answer your second question, I am fishing for any plausible reasons why the case would be so defective that a Prosecutor, who has a recorded confession, won't prosecute. In the absence of any obvious defect, I am inclined to conclude that the prosecutor, and detective are negligent and purposely obstructing the process through inaction. I believe this is being done to protect the "PI" who is a well known "upstanding" citizen and pillar of the community. 

 

As for your first question, I was looking for other opinions that may confirm the appropriateness of charges such as :

 

California Penal Code Section 530.5(d)(1)

(a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55 , of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

(d)(1) Every person who, with the intent to defraud, sells, transfers, or conveys the personal identifying information, as defined in subdivision (b) of Section 530.55 , of another person is guilty of a public offense, and upon conviction therefore, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

California Code, Penal Code - PEN § 530.55

(a) For purposes of this chapter, “person” means a natural person, living or deceased, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity, or any other legal entity.

(b) For purposes of this chapter, “personal identifying information” means  [FN1]

any name, address, telephone number, health insurance number, taxpayer identification number, school identification number, state or federal driver's license, or identification number, social security number, place of employment, employee identification number, professional or occupational number, mother's maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, alien registration number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person, or an equivalent form of identification.

 

I may have to sue civily, but I would be fighting an uphill battle, against a liar and a cheat, without the benefit of a penal conviction to serve as a foundation. Additionally, without a criminal conviction against the "PI" I am not protected with regard to my "Victim's Right" as provided for in the CA State constitution. (Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an Amendment to the state's constitution and certain penal code sections.)

 

I hope that helps your understanding of the objective of my post.

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1 hour ago, Pough said:

I am fishing for any plausible reasons why the case would be so defective that a Prosecutor, who has a recorded confession, won't prosecute.

 

This isn't exactly the crime of the century, you don't appear to have suffered any harm, and you're in what is far and away the most populous county in the U.S. (more populous than the next two counties combined).  The ADA almost certainly has many things that he/she considers to be far more important on his/her plate.  You are, however, free to complain your way up the food chain at the DA's office.

 

 

1 hour ago, Pough said:

I may have to sue civily, but I would be fighting an uphill battle, against a liar and a cheat, without the benefit of a penal conviction to serve as a foundation.

 

Curious that you cited the recorded confession in connection with a possible criminal action but seem to discount it in discussion a civil lawsuit.  Given that the burden of proof in a civil lawsuit is lower than in a criminal case, and assuming there are no evidentiary issues associated with this confession, it would seem to make a civil lawsuit a veritable "slam dunk."

 

 

1 hour ago, Pough said:

Additionally, without a criminal conviction against the "PI" I am not protected with regard to my "Victim's Right" as provided for in the CA State constitution.

 

For starters, most of the "rights" in the Victim's Bill of Rights do not require a conviction and, in fact, are only applicable pre-conviction.  Moreover, most of the rights that apply post-conviction wouldn't apply in your situation.  I assume you're only really concerned about the provision for restitution, but a civil money judgment in these circumstances would be pretty much the same thing.

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On 7/25/2018 at 4:12 PM, Pough said:

and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, 

I suspect the prosecutor is unwilling to prosecute the investigator because of the above limitation on criminal prosecution for obtaining information without the consent of the individual.  In other words,merely obtaining identifying information about a person is not acrime.

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Yes, this is a violation.  But do you know exactly how the PI used the information to your detriment?  Forget about the PI for now and focus your anger/efforts toward the party who actually did the laundering by using your SSN.  Did you file a complaint about this with the bank and is the bank investigating?  Is this matter currently being litigated in a court case or has it not gotten that far yet?

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