The 4-3 decision [by the Colorado Supreme Court] reversed Felix Montes-Rodriguez's conviction for using the Social Security number of a woman he didn't know.So, was the name associated with that Social Security number not on the credit report? It would seem like a basic reality check to automatically deny the loan if the name didn't match.
"He gave his correct address, birth date and place of employment," Justice Michael Bender wrote for the court.
"Most importantly, he gave his correct name. In the face of so much accurate identifying information, we cannot conclude that Montes-Rodriguez pretended to be another person in his loan application simply because he supplied a false Social Security number. Hence, we conclude that Montes-Rodriguez did not assume a false identity."
Boulder County District Attorney Stan Garnett, whose deputies prosecuted Montes-Rodriguez in 2006, said the ruling would have little influence in similar cases because new identity-theft laws address the crime of using Social Security numbers without authorization, The Denver Post reported.