Squidoo Article

Posted by on June 23, 2010

Here is an article I posted on Squidoo in Sept. of 2009.

Good Name Gone

It happened to me.

Want to hear something crazy? You are not even going to believe that this story is true, but I assure you that it is because: it happened to ME!
Now, I was told for years that I was a victim of Criminal Identity Theft. Which technically might be true….But my particular case has also been classified as a “clerical error”. I call it incompetence and negligence. Read below and tell me what you think.
In Dec. of 1997 I was called into the office at my place of employment to be terminated because of negative information showing up on my Criminal Background Check (CBC). I was told that according to their information I was currently incarcerated in the El Paso County Jail.

I went to the Downtown Police precinct to find out what was going on. They, at that time had someone incarcerated under my name. After running my fingerprints, they showed me his “mug-shot” and asked if I recognized him. I had seen him around so I made a few calls and soon identified him as Jason Newton. The Officer made a call to a deputy at the jail, who went and confronted Mr. Newton and verified his ID. The fingerprint examiner (Officer Chavez) then gave me a document that stated that according to finger-prints I had no record on file. He told me this would all be cleared up and that I should keep that paperwork to give it to my employer. He told me that Mr. Newton had used my ID upon arrest, and asked if I had ever lost my ID. I had no recollection of it at the time, so even though I thought this was an absurd mistake considering how myself and Mr. Newton looked nothing alike, I decided to accept Mr. Chavez’s apologies and go on my way glad to have cleared all this up. The weirdest part was that I had been arrested in 1991 for trespassing (which was dismissed) so they had my picture, info, and fingerprints on file.

After losing my job and for some reason not being able to find a new one I actually ended up homeless in Virginia beach, Va. about 6 weeks later. I finally resorted to taking a bartender position at a filthy nightclub and through that job I pulled myself up and actually started to scrape by in the bar scene for a few years.

In June of 2002, I was offered employment at the US POSTAL SERVICE in Suffolk, Va. It was about an hour drive away so I put my house up for sale and left my job. The day before orientation I was informed that my CBC had come back with multiple felonies. I was once again “let go” for lying on my application. After research, I found that I did have multiple felonies. They were:

1. Evading Police
2. Capital Murder
3. Armed Robbery
4. Participation in organized criminal activity.
5. Possession of Stolen Vehicle.

Just to name a few.

I was irate and embarrassed to say the least.

I got on the phone with the E.P.P.D to clear this up. Turns out that somehow the paperwork had never been filed in 1997. Mr. Newton had gotten out on bond and had skipped bail under my name. So, I had warrants out for my arrest. I went through a lengthy process to clear this up. I was apologized to, of course. I sent fingerprints again to El Paso, once it was verified that it wasn’t me then I was told that all of Mr. Newton’ crimes were now attached to my CBC since I was his ALIAS, and that there was nothing that I could do about it and that he was currently serving a life sentence for Capital Murder. My life was basically ruined.

After a couple of years of depression and self-pity, I decided to FIGHT.

I made a stink on my local news in Aug. of 04, which afterwards I was told that all would be rectified. Lied to again. I was once again told that nothing could actually be done. In 05 I finally enlisted the help of Mr. Falco, known to be the expert in CriminalIdentity Theft for the organization I.T.R.C. (Identity Theft Resource Center) out of San Diego, Ca. He worked my case for over 2 years, having as much trouble with Texas and the EPPD as I had had. Finally after Brian teamed up with Ms. Pierce of VICARS of Tx. We were able to put enough pressure on El Paso to get judge to sign a court order to expunge my record and drop the warrant for my arrest in Jan. of 2008 .I finally received my copy of the expongement order in Jan. of 2009.If only that was the end of it.

Through the expongement process, I was able to obtain all of my records. Through investigating these papers I found many descrepencies.

1. Mr. Newton had never used my ID. The TX.DL# listed on his arrest sheet, was my license surrendered in 1992 in the State of Va. But it was the DL# I HAD when I was arrested in El Paso in 1991.
2. During a previous arrest on Mr. Newton’s record he was listed as 6″4″ 205lbs. with green eyes and brown hair. But on his arrest sheet under my name was listed as 5’11” and 155lbs. (my height and weight) with blue eyes and brown hair.
3. Other info such as my place of birth and SSN were all filled in with my information on his arrest sheet. When all he knew going in there was my name.
4. Mr. Newton was a fugitive for attempted murder while he was incarcerated under my name and even though I Identified him, he was still released under my name and subsequently skipped bail.
5. An officer from the EPPD testified in his Murder case in 1998 that Mr. Newton had used a false name and had skipped bail. But I still had warrants and those charges until 2008.

While through the help of Mr. Falco and VICARS of Texas, I have been able to legally clear my name. There are years of my life past and future that are lost due to the incompetence of the EPPD. Years of embarrassment and depression. Years of not being able to find decent employment. Years of vindictive people using my CBC against me. Wasn’t legally able to vote. Wasn’t legally allowed to bear arms. I was lied to and deceived many times. Years of the stress of trying to get my name clear. Heck, I even got a divorce due to the fact that I couldn’t “provide”. To top it all off, my resume is terrible for the last 12 years.

These are the reasons that this is not over and that I intend to civilly sue for damages. I have the full right to under Federal Law section 1983. I DESERVE some sort of payback and vindication. But here’s the deal with that. I can’t get anyone to take my case. I live in Va. and the case would have to be in Texas. I can’t find a local attorney to take the case because of the cost of travel, no license to practice law in Tx., and other excuses. Texas attorneys don’t really want to deal with me because I am a Va. resident and it “complicates things”. I have sent my story to an e-mail list of over 300 Federal Attorneys, no replies. My State Reps and Congress Representatives seem sympathetic but offer no help, but they wish me well.

My case-workers wish to cooperate in any way that might help my cause. They believe that this case could be instrumental in helping to get legislation passed that will protect ID theft victims from having to go through the ordeal that I have. While there are similar cases to mine out there my comedy of errors in their opinions is the worst case of record.
I have a more detailed account of this travesty posted under “good name gone” at www.thestorytellerblog.com if you would like to know more about how this all came to pass.
If you have any opinions, advice, or questions please comment below. I can also be reached at professorx@piranhajohnssite,com

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Last modified on July 3, 2010

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