Craziest Identity Theft Ever

Posted by on June 21, 2015


I  guess it’s about that time……I get the question a lot. “So, What happened with your lawsuit?” I’ve  been staying pretty quiet about it. But here goes.

I never even got my day in court. You see, I have learned the hard way. What we call the justice system, or the judicial system, is nothing more than the legal system. What I mean by that is that if attorneys with unlimited funds can find ways to expose legal loopholes and work the system, the everyday man(AKA the little guy) has no chance. There is NO JUSTICE!

I know many of you know my story. How crazy it is. You may be a friend, an acquaintance, family, etc. Maybe you stumbled across my story doing research on Identity Theft or Criminal Identity Theft. Maybe you have read an article, heard about me on the radio, seen my story on your local news. Maybe you have helped me along the way or at least sympathized. Maybe you yourself have used my situation for your own financial gain (there are a few of you). Or maybe this is the first you’ve heard of me. For the latter, I will give you a quick bullet-pointed version of what I have been through and you can fill in the blanks by visiting goodnamegone.com and reading some of my previous articles.

So, this is what started the snowball that eventually became my avalanche. The EPPD even sent an AFIS card to the FBI to update the NCIC criminal data-base. My stats, his pic, his prints. Here’s the tricky part to that……The FBI will not fix my record in NCIC. They can’t even discuss it with me because my fingerprints do not match their records. So if my background check is pulled by my name, date of birth, and SSN all of these crimes still pop up. Even with an expungement,(Generally, expungement is the process to “remove from general review” the records pertaining to a case. In many jurisdictions, however, the records may not completely “disappear” and may still be available to law enforcement, to sentencing judges on subsequent offenses, and to corrections facilities to which the individual may be sentenced on subsequent convictions) per wikipedia. Are you kidding me? The EPPD screwed this up soooooooo bad that it can never be fully corrected. NEVER!!!!!

So I did what anyone else would do. I started to pitch a fit. I started off nicely. Writing a letter to the Mayor of El Paso at that time, John Cook, expressing that I thought that I deserved some sort of compensation for my troubles. I got a reply from the City Attorney Mrs. Karla Nieman stating that she would check into it, and even though I gave her all of the requested information and sent many emails requesting an update, I never heard from her again. I decided to sue. What other option did I have?

It took a while to find an attorney to take my case. Many obstacles: Case was in Texas but I lived in Virginia, there were no other cases like mine for attorneys to use as a reference, it is apparently taboo for attorneys to sue municipalities, and I didn’t have the money to fund the lawsuit, after all I was just a pizza delivery boy with a family to support. But, after begging hundreds of attorneys to take my case, spending hundreds of hours on that, I got a break. A professor at Regent Law University forwarded my case to every attorney that he had in his data-base, and finally Mr. Stephen Casey from Round Rock,Tx. accepted the challenge.

We started nicely. We sent a settlement demand letter in early 2010. It was eventually presented at an El Paso City Council meeting. They voted to deny all accusations, really? The vote, out of 8 city council members was 4-2 to deny, with one member abstaining from the vote and another had left early for his kids sporting event. Ridiculous! So we sued in State court to the tune of 7.5 million. That case was eventually dismissed without prejudice, stating that we needed to sue in Federal court. So we did. Then the first time we sued in Federal Court, it was once again dismissed without prejudice, stating that there was something wrong with the “language” of the complaint. So then we got that all straightened out and notified the City of El Paso that we would be raising suit again. In this case, the City Attorney at this time, Charlie Mc Nabb, implored us to let him once again bring this up before City Council. It was postponed a couple of times, but eventually was voted upon. This time behind closed doors. The result was to once again deny all claims. We do not know the vote count or what was said in this meeting. So we sued in Federal court. I don’t give up easily. What’s right is right.

This lawsuit went back and forth with paperwork and filings. All I really wanted was to get my day in court, a jury trial, but they were blocking that from happening any way that they could. But throughout the lawsuit, they did concede a couple of things. We agreed upon the fact that I could not have known their culpability until Feb. of 2009. They did admit, not apologize, that all of this did happen and that it was their fault. Heck, at one time I even won the lawsuit by summary judgment when they missed a deadline to file response to our accusations, but that was overturned when they got some secretary or clerk to submit a signed affidavit saying that the reason the deadline was missed was her fault for entering the deadline wrong on the attorneys agenda. OK. Then they started arguing petty stuff like……even though it was city employees who had entered all of this fraudulent information, that we should be suing the County of El Paso instead of the city because the info was signed and written on County documentation. Also because, my third filing of the lawsuit, my third filing, was over 2 years from discovery date. It was past the statute of limitations. Guess what? The judge agreed. What? Case dismissed. So we appealed in Federal appeals court, judge agreed then too.

This is crazy. They admit it’s their fault. They admit it. Yet I never even got my day in court over a loophole/ legal technicality? I refuse to accept that. Loss of constitutional rights? Loss of income potential? Destruction of my resume? Slander? Libel? Mental anguish? Depression? Financial problems? None of that matters? For a Desert Storm disabled veteran? REALLY?

This story is so ridiculous that I’ve heard it told by Rush Limbaugh, Sean Hannity, Bill O’Reilly, and Glenn Beck all to advertise for Lifelock. What do I get? You guessed it. I’ve seen Internet Marketers use my story to promote Identity Theft protection products. I’ve seen Identity Theft recovery non-profits use my story for public awareness. You know what? I don’t even mind, if it will save others from becoming like me.

Look, I’m welcome to suggestions. I’ve had a few already. Go on a media tour? Nobody seems that interested, oddly enough. I’ve sent my story to everyone from Montel to 20/20. Embarrass the City of El Paso into doing the right thing and paying me off? Nice thought, but they seem to have no shame or sense of right. But I will say that my next article will include all names and badge numbers of everyone that even touched this case. I don’t care anymore, and I have all of that information. Start a “fund me” page? Look, I’m pretty sure that it would pay off pretty well, and eventually I might have to go that route, but I hate the thought of receiving charity, especially when this responsibility falls on the City of El Paso, Tx. Why would I expect the general public to come out of their pockets? Maybe you think I should just shut up and stop whining? That’s fine put those suggestions in my comment box too. Some people say to write a book. I’m not much of a writer, obviously, and don’t have the time to embark on a novel. I’ve neglected my family enough spending time on this, plus I work 50+  hours per week just trying to make ends meet. Any ghost writers out there?

So, here’s my deal for the time being. I’m trying to make lemonade out of lemons here. I don’t wish this kind of hell on anybody. I truly believe, in this day and age, that we all need help monitoring our own identity. It sucks, but its a sad truth. I have been able to work out a deal with Lifelock, where I use my story to basically refer people to them and I get a small commission. I myself am a Lifelock member and love the peace of mind it provides. I even get alerts to my smartphone when suspicious charges hit my bank account. Lifelock is the best in the industry, and I have no problem suggesting them to anybody. Plus, they let me offer 30 days free and a 10% discount on my goodnamegone.com website. Pretty sweet. So in this case, you can help me by helping yourself. Pretty fair right? How else can you help? By sharing my story on social media, by email, by phone. Encourage other to like my Good Name Gone Facebook page,  where I will do my best to keep everyone updated on tips to protect their identity and of new security breaches. AND if you have any suggestions, comments, or know anyone who might be able to help me whether by media or by legal help please let me know. I’m stuck and kind of up against a brick wall here.

Also, if you don’t understand how this can happen. Or you think that maybe you can help explain it to me….Please feel free to contact me at john@goodnamegone.com , comment in the comments section, or hit me up on facebook at “good name gone” or John Shelby.

For all other questions please direct them to:

El Paso Mayor: Oscar Leeser -mayor@elpasotexas.gov    915-212-0021

Chief of Police: Greg Allen- pdpios@elpasotexas.gov

But I can pretty much guarantee a “NO COMMENT”.

The more calls they get, the more emails,etc. The more pressure they get to “MAKE ME WHOLE”. Thank you all.

Last modified on October 22, 2017

Categories: Articles, Avoid Identity Theft, Uncategorized
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One Response to “Craziest Identity Theft Ever”

  1. Kathy McFatten Says:

    Wow John you went through he’ll and back..

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