An undocumented immigrant accused of assuming the persona of a Texas teacher pleaded guilty Monday in a case that put a face on the growing crime of "total identity theft" in the United States.

Benita Cardona-Gonzalez, a Mexican national living in Topeka, Kan., pleaded guilty to a reduced charge of possessing fraudulent identification documents in a deal with prosecutors that calls for an 18-month prison term.

The 32-year-old was accused of completely assuming the persona of Houston elementary school teacher Candida Gutierrez.

Pat Sullivan / AP file

The victim: Houston schoolteacher Candida Gutierrez discusses the frustration of having her identity stolen. She got some satisfaction from Monday's guilty plea.

Gutierrez recounted how the thief not only opened bank and credit accounts, but assumed her entire persona — using it to get a job, a driver's license, a mortgage, food stamps and even medical care for the birth of two children. All the while, the crook claimed the real Gutierrez was the one who had stolen her identity.

Credit bureaus upsell ID protection

As part of the plea deal, Cardona-Gonzalez agreed not to contest deportation after serving her sentence.

Defense lawyer Matthew Works said after Monday's hearing in Wichita that his client was sorry and didn't intend to harm Gutierrez.

"She wanted to give her children a better life. That is what this is all about," Works said.

TODAY: Extreme identity thieves live as you

Gutierrez said in a phone interview Monday that she plans to attend the sentencing, which is scheduled for March 25.

"I want to see her face to face. I want to see it actually happening," Gutierrez said. "After all this time, I am still haunted. I want to be sure she is put away."

Gutierrez said she would have liked to see Cardona-Gonzalez spend a more than 18 months in prison after everything she put her through. Still, she said she was satisfied with the plea deal because she and her husband want to get the case over with and move on with their lives.

10,000 ID fraud gangs active in US

She praised the U.S. attorney's office in Kansas and said Assistant U.S. Attorney Brent Anderson even came to Houston to talk to her about the deal. He returned her original Social Security card and birth certificate, she said.

"They were pretty amazing getting on it once we contacted them," Gutierrez said. "Brent was informative and helpful. He was very efficient."

Gutierrez first learned her identity had been hijacked when she was turned down for a mortgage nearly 12 years ago. Both women claimed they were identity theft victims and sought new Social Security numbers. The Social Security Administration turned down the request from Gutierrez, instead issuing a new number to the woman impersonating her. In another twist, Gutierrez was forced to file her federal income tax forms using a special identification number usually reserved for illegal immigrants.

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Ruthless ID thieves are robbing identities even from the grave, a new study has found.

Nearly 2.5 million dead people are victims of identity theft every year, according to a data analysis by fraud prevention firm ID Analytics being made public Monday.

The study offers the first hard data about a little-understood aspect of ID theft that can cause unnecessary pain and suffering to family members already dealing with loss.

ID Analytics works with dozens of credit-granting companies, such as banks and cellphone providers, to find common patterns among fraudsters as they fill out credit applications. The firm has unique insight intro fraud trends, as it screens more than 1 billion such applications annually. For this study, it considered 100 million applications filed during the first three months of 2011 and compared Social Security numbers and other information in those applications against the Social Security Administration's Death Master File, which tracks the identities of people after they die.

Stephen Coggeshall, chief technology officer at ID Analytics, recently crunched those numbers to look for evidence that criminals were exploiting SSNs attached to the deceased. The results showed a wide-scale problem, much larger than previously believed.

Roughly 800,000 deceased Americans are deliberately targeted by criminals each year, the study claims.

In those cases, an imposter armed with a deceased person's SSN, name and birthday tries to fully assume the dead person's identity. ID Analytics has no information about whether or not the attempts were successful, Coggeshall said — only that the personal information was used on an application during a fraud attempt.

Meanwhile, SSNs attached to 1.6 million more dead adults find their way onto thieves' fraudulent applications through random selection, he said. Many criminals simply guess at SSNs when filling out fraud applications and accidentally use one that's already been issued to someone who's now dead. ID Analytics calls them "identity manipulators" who make arbitrary variations on their own personal information to avoid fraud detection tools and randomly pick an SSN associated with a deceased person.

"This study brings to light a significant problem, as we see fraudsters intentionally using identities of the deceased at the rate of more than 2,000 per day," Coggeshall said.

Imposters who exploit the dead are after the same things that all ID thieves crave: theft of cellphone service or the ability to open up new credit cards or take out loans, Coggeshall said.

There are obvious advantages for criminals when using a dead person's personal information. If the fraud is initially successful, because the normal channel for discovery — a consumer who notices unauthorized charges or accounts on his or her credit history — doesn't exist. Family members or others disposing of an estate can discover the fraud through the arrival of unexpected bills, but the usual hurdles for recovering from such fraud are even higher when a third party must call and ask for corrections.

Fighting ID theft of the dead should be easier than most other forms of identity fraud. The Social Security Administration frequently updates the Death Master File, which now contains about 40 million SSNs. Firms that issue credit should routinely check their applications against this simple list; several inexpensive products offer this service, and the file is available in several forms online (there's even an app). But clearly, that kind of screening isn't happening, Coggeshall said. Otherwise, criminals wouldn't be trying to exploit the dead so frequently.

Ironically, if companies don't check SSNs against the Death Master File, it becomes a great source for criminals to obtain identities and SSNs to be exploited.

"We have no sense of where criminals are getting the numbers, but a certain portion of them probably are coming from public sources, like the Death Master File," Coggeshall said.

The study also hinted that seriously ill people are being targeted by criminals. There were 2 million cases of SSNs' being used in credit applications, with the SSN holder dying within the next two months.

"Certainly a good deal of this is not suspicious, but some fraction of these applications may be the misuse of the identities of the dying," Coggeshall said.

RED TAPE WRESTLING TIPS
Family members already dealing with a tragedy have plenty to worry about, but identity theft of the dead is a reality they must consider, he said.

"While this is clearly a problem for businesses, surviving family members can also be the victims of this identity fraud as they are left to manage the estates of their deceased loved ones," Coggeshall said. "It's important for people to monitor their deceased family members' identities for at least one year."

It's possible for a third party, such as a spouse, to get a credit report for a deceased person, but it's not trivial. The bureaus will want a death certificate as proof the individual has died, and they'll want some evidence that the requester has a right to see the information — such as a marriage license or an order showing he or she is an executor of the estate. That person can request that a "deceased — do not issue credit" notation be placed on the report, but certain hiccups can occur. If a credit account, such as a loan, is in both spouses' names, a "deceased" flag can occasionally cause confusion.

There's a good discussion of this issue on Experian's website.

More details on how to freeze a loved one's credit report are available at this BankRate.com story.

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You’ve filed your tax return. Now comes the happy anticipation of wondering how quickly your refund will show up – and grousing when it isn’t in your bank account quickly.

The IRS has for years faced intense pressure to make the painful process of paying taxes more palatable by at least providing a zippy tax refund. But such service may be coming at a price as the Internal Revenue Service faces a surge of identity theft tax fraud, as well as the usual tax cheats.

Some victims complain that much of the fraud could have been avoided if the Internal Revenue Service had more carefully screened the fake return in the first place.

“From a publicity point of view you’re trying to be the nice bad guy,” said Roberton Williams, senior fellow with the Tax Policy Center.

That is a tough balance, he pointed out.

"(They are) supposed to process returns very quickly and worry about the fraud aspect, and at the same time Congress is saying, 'Do it with less money,'" Williams said.

The IRS has struggled with its image for decades, wrangling with a dual role of helping taxpayers file their returns and enforcing against tax cheats.

The agency, once known as the Bureau of Internal Revenue, changed its name to the Internal Revenue Service in 1953 in an early effort to appear more customer-centric, said Joseph Thorndike, director of the Tax History Project for Tax Analysts.

But hatred is not too strong a word to express how some people feel about the agency. In 2010 a tax protester crashed his plane into an IRS office in Austin, Texas, killing himself and an agency employee. At the time a Treasury official said there were more than 1,000 threats a year against IRS employees, a figure that had been climbing.

The IRS also struggles with funding. Last year President Barack Obama sought to boost the agency's $12.1 billion budget by more than $1 billion, so it could hire more workers. Instead Republicans led a successful effort to trim the budget to $11.8 billion. 

Pressure to speed the refunds can be be intense in a soft economy, when individuals – and the economy in general – could use that money.

The IRS processed about 145 million returns last year, and three-fourths of those taxpayers got refunds. The average refund was about $3,000.

But the IRS has stepped up screening efforts to try to stop fraud. Spokesman Terry Lemons said IRS officials have identified about 2 million individual returns for review so far this tax season, out of about 84 million that have been received. That’s about the same number of returns that it reviewed in all of last year.

When the IRS does flag a return for such a fraud screen, Lemons said the delay in sending out a refund will vary widely depending on what agents find.

The IRS also has gradually increased the number of returns that get audited over the past decade or so, following a drop-off in 1998, when the IRS went through a major overhaul to focus more on customer service. It currently audits about 1 percent of all returns, Lemons said.

He concedes it’s tricky.

“On the one hand you have millions and millions of taxpayers who have worked hard and are entitled to refunds, and they should be able to get that as quickly as possible,” Lemons said. On the other hand, he said, the IRS has an obligation to taxpayers to make sure returns are checked thoroughly for potential fraud.

In testimony to a Congressional subcommittee last month, Nina Olson, the taxpayer advocate, said that although taxpayers who are victims of fraud need to be protected, so do the majority of legitimate taxpayers who rely on their refund checks.

“With the introduction of e-filing, combined with the increasing number of refundable credits run through the tax code, our tax system has shifted, for better or worse, to one of instant gratification,” Olson said in the written testimony.

Still, she noted, “The benefit of enjoying such a tax system is somewhat offset by the increased ability of perpetrators to defraud the government.”

Over the years, he said, the IRS has seemed to sway back and forth depending on the political mood and other factors, said Thorndike, the tax historian. Now is one of those times when Thorndike thinks sympathies are more with helping the taxpayer.

“This is the age of the Tea Party, at least sort of, still, and that makes people even more unsympathetic to the federal tax collector,” Thorndike said. “So it’s not a great time for the IRS to be doing anything other than emphasizing customer service.”

Is the IRS striking the right balance? Tell us on our Facebook page.

After Meghan Bach learned last year that her husband’s identity had been stolen to collect a fake tax refund, she spent perhaps 200 hours working to resolve the issue with the IRS and other agencies.

She thought she had been successful until the family returned home from a vacation this month to find that her husband’s identity had been stolen again.

 “It’s just appalling,” she said.

The IRS has acknowledged that identity theft tax fraud –- stealing someone’s Social Security number to file a fake tax return and collect a bogus refund –- is one of the most complex issues it deals with. Victims describe hours of phone calls, piles of correspondence and long periods of silence in which they aren’t sure whether their problems are being resolved or not.

The tedious process has left some victims worried about what will happen when they file this year’s tax returns.

“Of course I’m nervous,” said Dr. Vera Rosado, 33, who found out last year she was a victim and still has not been able to get it resolved with the IRS.

Rosado, a physician studying infectious diseases in Indianapolis, was recently told to file her fraud affidavit for a second time and her 2010 return for a third time after previous filings was lost. She said the IRS has told her it could take another few months to get the new paperwork processed.

She is waiting to get an approximately $3,000 refund check from last year’s return, which she plans to use toward medical board exams.

The IRS estimates 404,000 people were victims of identity theft tax fraud from mid-2009 to the end of 2011, and officials say the problem is growing.

The agency recently set up a specialized unit to just to deal with identity theft tax fraud, and it is expanding its screening process aimed at flagging this type of fraud. The issue also has attracted the attention of the some U.S. Senators. On Tuesday, a finance subcommittee held a hearing on the matter.

The IRS said it could not comment on specific cases such as Rosado’s and Bach’s because of privacy laws.

Experts say the IRS is working hard to root out identity theft tax fraud in the approximately 140 million tax returns that come in each year. But some believe the problem will get worse before it gets better because it will take time to train staff members to root out and deal with such issues.

“For the next four to five years it’s going to be a learning curve for everybody across the country,” said Jay Foley, a partner with ID Theft Info Source.

Foley said one issue is that IRS employees who aren’t part of the identity theft unit may not know how to handle such complaints. That’s why they might audit tax forms instead of use them in an investigation, for example, or not file paperwork correctly.

He recommends that anyone who is a victim of such fraud work directly with the identity theft unit and also contact the Taxpayer Advocate, an independent agency charged with assistant taxpayers who are having problems.

Foley said the bad news is that there is little people can do to shield themselves from such fraud attempts.

“There’s absolutely nothing that can be done at this point in time that’s going to give you a guarantee of safety,” he said.

Bach, a real estate agent who lives in San Diego, found out her husband had been a victim of identity theft tax fraud in March 2011, when she tried to file their taxes and learned that someone had already filed a return using her husband’s name and Social Security number.

Over the next year, she said she spent several hours each week working with the IRS and other government agencies to get the fraud resolved on behalf of her husband, a military doctor.

At one point, she sent the IRS summaries of her past 10 years of tax returns in order to prove that she and her husband were the true taxpayers. Instead, she said, the IRS audited one of those returns and presented her with a bill for nearly $900.

She paid that bill, then successfully contested a later IRS attempt to audit another past return she had provided to prove her family’s identity.

Eleven months later, the family finally got its refund for the 2010 return and she figured the issue had been resolved. But a few weeks ago, they returned from a Disneyland vacation to find letters from the IRS that had been addressed to her husband had instead been sent to an address down the street that had recently been used as a rental. The mail had been returned to the post office and redelivered to Bach.

One letter, sent to the other address, was informing the family that they had once again been victims of tax fraud for the 2011 tax year. The second letter said that a refund of more than $10,000 was being applied to an existing balance of more than $12,000 that the letter said the family owed the IRS.

Bach said the family had not yet filed their 2011 taxes and was not scheduled to receive a $10,000 refund for the year. They also did not owe the IRS any money – in fact, after their fraud had been resolved, she said the IRS had sent them a refund for 2010 with interest.

Bach surmises that the fraud might have occurred at the address where the IRS correspondence was sent. She doesn’t know if the IRS sent any other correspondence to that address.

Bach and her husband immediately went to the local IRS office to get the address issue corrected. In addition, she said she has left multiple messages with the IRS identity theft case manager she has been working with but has not heard back. She plans to file her real 2011 tax return this week.

Bailey Yahraus, 30, found out four years ago that her husband and young children’s Social Security numbers had been used to file a fraudulent return. The couple got it resolved, and for the next couple years they used a tax filing service to file their returns with no problems.

This year, Yahraus decided to file her return herself using an online tax service. That’s when she found out that her children’s Social Security numbers had already been used by someone else claiming them as dependents.

Yahraus, who lives in Montpelier, Ohio, has been trying to figure out how she can keep the Social Security numbers from being used fraudulently again. She’s worried about what effect the ID theft might have on her kids when they become adults.

But after a rough few years in which both she and her husband lost their jobs and got new ones, she hopes to shield them for now.

“They’re 8- and 9-year-old boys,” she said. “They’re worried about baseball, basketball (and) football.”

Related:

IRS faces surge in identity theft tax fraud