US v. Hererra-Martinez, No. 07-1363. An undocumented immigrant got low income housing using someone else’s ID card. She was charged with:
- use of another's Social Security number, 42 U.S.C. § 408(a)(7)(B)
- knowingly converting public money or property, 18 U.S.C. § 641
- aggravated identity theft, 18 U.S.C. § 1028A
As to 42 U.S.C. § 408(a)(7)(B), the First says people can be convicted of obtaining benefits besides social security.
As to 18 U.S.C. § 641, the First says that there is no “asportation” requirement built into the statue, and the government need not prove actual loss, and HUD dollars are government property.