Using Stolen Ssn Isn't Criminal Impersonation, Court Says

This head-scratcher happened a couple of weeks ago but hasn't gotten anywhere near the attention it deserves.

The Colorado Supreme Court by a vote of 4-3 has overturned the conviction of a man who used a woman's Social Security number to apply for a car loan. The action did not constitute criminal impersonation, says the court's majority, because the man provided his real name, address and place of employment, in addition to the purloined Social Security number.

In the decision the court ruled, "The defendant (Felix Montes-Rodriguez ) did not assume a false or fictitious identity or capacity," and that he "did not hold himself out to be another person when he used another person's social security number to obtain an automobile loan." During the trial, representatives from Hajek Chevrolet testified a social security number was required as part of their application process in order to conduct a credit check.