I-9 Identity Theft
The United States Supreme Court ruled that false information used by an employee for the purpose of completing an I-9 Form can be criminally prosecuted for Identity Theft. The case stems from Kansas v. Garcia wherein three defendants used false information to complete their I-9 Forms when they became employed. The State of Kansas prosecuted the defendants for Identity Theft resulting in a conviction. The conviction was appealed to the Kansas Court of Appeals who upheld the conviction but was later overturned by the Kansas Supreme Court.
The case was then appealed to the United States Supreme Court that determined a person can, in fact, be criminally prosecuted for using false information when completing an I-9 Form. The Court also affirmed that an employer cannot be prosecuted for failing to verify the information written on an I-9 Form.
To ensure that I-9 Forms have accurate information and that the employee does have the right to work in the United States we recommend participating in the E-Verify Program. For further information, please review our Web site at www.eguarded.com