> Meanwhile, authorities have offered Smith a plea deal including a $1,000 fine, $1,000 in restitution and three years' probation. She has refused, saying she is innocent.
This is nuts. Is it possible US prosecutors give so few shits about justice?
At some point we need to have a tough conversation about collective civic engagement and societal dysfunction and not just individually running from it or routing around it. All these institutional problems have been stacking up for the past twenty years, they're only continuing to get worse and worse, and the most common reaction I see from it is some variation on "try to just stay out of its way".
There's a tendency for people to react to institutional problems like this by saying they'll just move over here to a blue state, or they'll monitor their accounts closer on reporting bureaus, or they'll just have a lawyer on retainer, etc, etc. If a legal system in a red state is this dysfunctional, you can't simply hide away in a blue state with better-run systems. The underlying problem - the social decay of much of the US and the broader world - needs to be directly engaged with and confronted.
Yes, this kind of thing happens a lot. The incentives are misaligned with the goal to a degree where you almost wonder if it’s intentional.
This happens a lot because at the individual level, it’s sort of in everyone’s best interest to take the deal. The prosecutor wants $2,000 and 0 jail time and it all goes away. If you don’t take the deal, even assuming you win in the end, it will probably cost you way more than $2,000 and however long the probation check ins take. You will recover neither your time, nor the money you spent on lawyers/transportation/days off/etc.
At the macro level it happens because prosecutors get judged on their conviction/case closure rate, because we implicitly assume they found the right person. Browbeating people into accepting token punishments that technically close out the case counts for the metrics voters actually watch.
If I might lean a little conspiratorial for a moment, it also behooves the prosecutors office to flood the defense attorneys with cases. People will vote to raise the prosecutors funding to deal with criminals, no one will vote to raise defense attorney funding. Last I saw the average prosecutors office gets something around double the funding the defense gets.
It got so bad in some city in Oregon there was (is, really), a near constitutional crisis because the city got trapped between the provisions of the 6th amendment. Defense attorneys were so flooded they said they couldn’t take any new cases. The 6th amendment says the accused has a right to counsel, which is an issue. It also says they have a right to a speedy trial. The city was going to have to allocate money to the defense and get them lawyers quick, or drop a bunch of cases.
That never happened, the judge basically just said “Nuh uh” and I believe threatened the defense office with sanctions if they didn’t just assign the cases to lawyers who were already saying they had more cases than they could imagine.
I’m a little shocked we haven’t seen a huge wave of successful “ineffective assistance of counsel” appeals. Pointing to a signed, public statement your lawyer was overworked before you even talked to them seems like a decent starting point.
They give a shit about their conviction rate. And maintaining a comfortable relationship with their local police department(s). Very little else.
While there are definitely issues of pay disparity, there are a lot of criminal law firms employing "former prosecutors". In my conversations with one or two - the pay is better, but the disillusionment and need to railroad defendants got to them.
You aren't gonna advance your career as a prosecutor, or even win re-election, if you actually care about that "truth and justice" stuff in the case of some rando out-of stater who you already have a really cool-sounding story about the obvious guilt of.
They were quite overpaid compared to other local government roles, and had very poor public visibility. WP says they were originally going to be called "sheriffs" but that was rejected as "too American". This does make it clear that it was an attempt to copy the US system, but I feel obliged to point out that the Scottish court system has had Sheriffs for longer than the US has existed.
I mean, I would like to know what percentage of people makes an informed decision when voting for a judge for example.
A lot of them run unopposed anyway. And if they don't, I have no idea how you would figure out what candidate you like best.
Heck, in the US even the big political positions seem to be largely void of 'ideas'. It's mostly attack ads paid for by shady sources through PACs. That's where the majority of the votes are flipped/won...
Democracy is cool and all but perhaps roles like judges and prosecutors should be selected on competence, not by perceived tough-on-crime popular elections
Who does the selection? In the USA, doesn’t it always come down to voter choice one way or another? We typically elect a sheriff but a mayor appoints a police chief. The mayor is elected however. What process could be used to determine process and selection that would avoid voter input?
Appointment by mayor or local government is fine. Make it a normal public service job. There are reasonable questions about why the US needs quite so many fine-grained local police authorities and who polices the police, though.
Open application process. Select whoever had the highest law school grades. Or alternatively make all the applicants take a competitive exam. Anonymous grading.
Who does the selection? Who approves the applications? Who ensures the process is open? It always comes down to winners of elections. The USA isn’t a technocracy or meritocracy, for better or worse.
Put it on a website and in the local paper. Applicants' names, their exam scores, their law school transcripts.
> It always comes down to winners of elections
Sure somewhere in the chain, at the end, there's an elected official. That's democracy.
But elected officials can be forced, by law, to use meritocratic selection criteria to appoint people. Many countries used or still use exams to hire bureaucrats. It's a very old concept:
It's not stated in the article, but quite often when you look into these extraordinary miscarriage of justice stories in the US you find out what race the victim is, and then it becomes clear what's happening.
* authorities have offered Smith a plea deal including a $1,000 fine, $1,000 in restitution and three years' probation.*
This is the goal ... They know they are at fault but admitting they made a mistake is damaging to careers.
In a lot of cases a carrot is dangled in front of people ... You can wast a lot of time (and money) fighting for your innocent, and take the risk your still going to get convicted.
Or you can take the plea deal, and it absolves us from our mistakes. And you save money because its cheaper then paying all those lawyers and court costs. And your innocent anyway, so that probations has no effect on you.
I forgot the source but the amount of prosecutions that are plea down is staggering. A lot of actual innocent people take plea's because its cheaper, then the alternative. And there have been plenty of people innocently convicted (even on shaky evidence), so most people take plea deals and they can move on with their lives.
This results in a culture where investigations are annoying. Where pressure is ramped up again and again to break people into taking plea deals. The biggest issue is, if you actually refuse to take a plea deal, then all resources are put against you to get a actual conviction, even if they know your innocent. "Why did you not just take the plea deal". Well, time to punish you for not taking it. Because repeat after me again, careers are on the line and losing cases hurt those future (potential political) careers.
Its the same why prosecutors fight tooth and nail, even if clear evidence is shows that a person was innocently convicted and spend X years in jail. It not about justice, its about protecting those careers.
The proof of innocents is heavily put on the other party, and it really hits hard on people who do not have the financial means.
It will not be fixed. The lawyers have control of our legal system. They are the politicians and judges. The system is theirs; if we want to change the status quo, it will take nothing less than a bloody revolution.
> I forgot the source but the amount of prosecutions that are plea down is staggering.
I'd wager that 99% of the plea deals that occur in the world occur in the US. No other country uses it to the extent we do, and it's not even close. In many countries it's not an available option, or when it is and it's used, its use is heavily regulated and requires (meaningful) oversight by the judge on fairness, likelihood of conviction, etc.
And once you've accepted a plea deal it's not just a matter of making your plea - you also have to sign a whole raft of documents waiving a whole raft of rights, about appealing your conviction, about the right to present evidence in your defense in the future, or to witnesses, you have to sign a statement saying that even if you were to (attempt to) change your plea that it is your acknowledgment, "based on material facts" that the state is in possession of enough evidence to convict you.
So how exactly does Cash App verify users that signup for new accounts? If the process is so lax, shouldn't they be forced to temporary block it? To say nothing about money laundering charges, that would be raised against any bank in such situation.
If they don't do any verification, and I'm not sure how they would in countries like the US, then any fraud case or attempt to claw in money from random people should be thrown out of court by any reasonable judge.
Requiring only public information and a SSN that has probably leaked hundreds of times and can be accessed by any number of random people in public and private administration just shouldn't count as even an attempt to verify identity.
SSN should just be considered public information at this point. It’s not secret so it cannot be treated as a password and it’s not even suitable as an identifier. It’s purpose is for tracking earnings, not identifying a person.
In Poland you can block your PESEL (SSN equivalent) to prevent this kind of fraud. One click in our government app or website. If PESEL is needed to confirm identify with a corporation you can unlock it temporarily.
I can tell you, from personal experience, that the vast majority of sites still don't bother to send a Confirmation Email before allowing you to create an account.
I have a gmail address that I secured back in 2004 which is fairly short in length. Multiple people other than myself have used that email to sign up for all sorts of things which never bothered to confirm that the user actually owned the account before happily signing them up. AWS accounts, hotel sites, innumerable soccer and fantasy-football related sites, etc.
Every time I would try to reach out to the service to tell them that I had never signed up for an account as the email holder, they would give me the same non-answer: "Well if you own the email account, just reset your password and then delete it!" Nope. Not doing that. It was their negligence that allowed the account to be created under my email in the first place. I am not going to acknowledge ownership of the account to cover their fuck-up.
Want to hear a fun one? You can get realtors to spam any (US) phone number you want by entering it into Zillow for like a rental or something. They do no verification whatsoever.
I've signed up for a few bank accounts purely online. And if you give them your SSN and enough other information, they're able to pull all your credit reports, in real time, and then do verification based on them, that tends to be quite effective.
If Cash App had run some sort of bank-level verification, I doubt a garden-variety scammer could've "stolen her identity" like this. But, since Cash App is not a bank... they don't need all those pesky safeguards, do they?
Well, now you get to the absolute travesty that is:
Identity theft is a failing of other people that is your problem to solve.
This very nearly burned me when buying my home - having been an AT&T customer in the PNW for nearly two decades, "I" apparently decided to hit up a Walmart on the outskirts of El Paso, sign up for a Verizon service, run up two months of international calls and bail out.
Despite a police report, my utility statements, AT&T bills, etc. (all of which were, to be blunt, none of VZWs business), VZW stood by it initially, "On review of your documentation, we remain satisfied that this debt belongs to you based on the documents used to open your account".
I asked to see them, since they were, in VZW's own words, "mine". "We can't, for customer privacy reasons." Oh, so "mine when the bill needs paid, may not be mine for privacy purposes".
We constantly face the consequences of businesses failing to secure the information which they (and in some cases legislation) requires us to give them. And when it (inevitably) is lost, then you're offered "free credit monitoring"...
The CRAs compete for breach business, because it's absolutely a profitable enterprise for them:
If you've ever signed up for one of these "free credit monitoring for a year" following a breach?
When you do, you typically do so by signing up for the highest tier (sometimes $30 or even $50 a month) product with a redemption code for one year free. You have to enter a credit card to do so, and to no-one's surprise, if you don't cancel in time, it automatically converts to a paid subscription "for your convenience".
There are many consumer protection farces in the US, but right up there has to be the notion that "identity theft" is the consumer's responsibility/obligation to prevent or resolve, not the entity that actually had the data stolen. You're considered liable until you prove innocence, even though you did nothing wrong.
Police never thought to subpoena the ISP for the IP address associated with the cashapp login? This seems like an egregious omission in the investigation. Even if it were a VPN, you could subpoena her email to find payment receipts to the provider, etc. Even that may not necessarily prove guilt if there are no logs. That's all an enormous leap of evidence to assume the account is genuinely hers, especially given how endemic identity theft is.
> According to 404 Media's review, the address on the account was one where neither Smith nor her husband had ever lived. The account had also been accessed through Verizon connections, while Smith says she uses AT&T and has never had a Verizon plan.
> There was also a discrepancy involving the phone used to create the account. Cash App's records showed an iPhone running iOS 16.1.1, an operating system dating back to 2022. Smith, however, provided evidence that her iPhone 13 mini was running the much newer iOS 26.5.2.
That's even crazier. You have to question if they even understand what they're investigating. I expect this to be thrown out in court, although I also have declining faith in our court system.
I think you have to understand that they care more about whether or not they can get a conviction than whatever actually happened. Then the rest of it makes perfect sense.
So beyond the prosecutor, we have to start questioning judges and juries. If the prosecutor so strongly feels that a weak case has a chance of getting a conviction, then what's really wrong here: the prosecutor or the judge/jury part of the system? Prosecutors are famous for only bring cases to trial they feel they can win. That sense normally comes from their experience directly or reading of previous trials.
Having had the opportunity to participate and observe the jury system, there is no way I'd ever take a jury trial for a criminal matter. The judge started off the trial by informing the jury pool that despite the state lacking any evidence, we'd need to attest we could find the defendant guilty. Jurors follow the instructions given to them by judges, that is all.
They don't care at all. For her it's potentially six years in prison, for the cops, and the prosecutor it's a small potatoes case on a random Thursday.
The plea deal offer kind of says it all, if this reaches the court it will either very quickly be thrown out or they may drop it because it's not worth the time.
Many other countries have proper multi-year colleges specifically for the field of policing, and rigorous physical and mental health tests required to get the job. In those countries the police is more educated and more competent than the vast majority of the population.
Most people don't have the power to strip me of my freedom and legally shoot me. If anything the police should be held to a higher standard than the average person.
Meanwhile in our inboxes: “We take the security and privacy of our users very seriously” and “We have no reason to believe that social security numbers in our user database were accessed.”
Still waiting for industry fans to comment. But let's get the ball rolling:
"I would never defend <company/common practice>. But this article is such egregious ragebait that I must speak out. It's a very sad outcome. But it's also clearly <her fault/impossible to legislate a fix/evidence that the system is working>."
Playing devil's advocate here, how should this actually be handled? If the police show up (not saying they did all the due diligence they should have) to arrest you for a crime and the person says "Nope, wasn't me."...is that sufficient for police to drop everything and walk away?
She's been accused of a crime. Yes, she was arrested and had to bail out. This is normal process. How else does anyone propose this work?
> the account had been created using Smith's Social Security number and date of birth
This may be enough to open an investigation and start gathering more evidence, but doesn't satisfy probable cause. The cops and court screwed up.
A database match is not enough to confirm that this specific person committed the crime.
It would be like sending a ransom note asking the money be sent to Joe Smith, 123 Fake St. That doesn't really tell you anything about Joe Smith's connection to the crime. It's completely incidental.
Typically an investigation involving a digital crime lab that understands what they are doing. For example tying the digital traces to the actual suspect. If there are no ties to IP addresses or devices then it gets really tricky.
Again in the article the defense is saying the prosecution is demanding the lady prove her innocence, which is something cops love to do.
And because this is a technical crime the fact there is almost no evidence isn't going to save you in a court of law, especially in the 4th least educated state. It's not about the law any longer, but the stories the lawyers weave.
It's not just an accusation. Her identifying information is basically found at a crime scene.
Every part of this would be fine if the companies allowing fraudulent parties to use their platforms were prosecuted for mail fraud, or interstate commerce fraud. Put the executive in jail. It's really this simple. The moment executives have repercussions they change their actions. Make cashapp prove they did their due diligence.
I wonder whether this type of situation is an artifact of the US system of law being focused on codification / literalism / textualism, as opposed to the UK and similar systems where common law or judge made law has more weight, which permits the injection of some level of common sense into situations where a literal interpretation of the statutes would lead to ridiculous outcomes.
In the UK the vast majority of prosecutions are made by the Crown Prosecution Service. The CPS are civil servants and, unlike in the US where they elect the guy emptying the trash, the crossing guards and the receptionist, these are just career lawyers.
You may remember Horizon not so long back, which was a gross misscarriage of justice in which large numbers of people who effectively worked for the Post Office were accused of crimes, in some cases jailed and even in a few cases committed suicide. Horizon is exceptional because, since mail was historically very important, the Post Office actually did have the same power as a Crown Prosecutor. Those cases were still sometimes really the fault of the CPS (not least because the CPS has a legal right to just seize control of, and then terminate a prosecution if they believe it would be prudent to do so) but are exceptional because most organisations could not have done this even if they wanted to try it.
> In the UK the vast majority of prosecutions are made by the Crown Prosecution Service. The CPS are civil servants and, unlike in the US where they elect the guy emptying the trash, the crossing guards and the receptionist, these are just career lawyers.
Where did you get the idea that what you're saying is accurate about the US?
In the US most prosecutors are not elected, they are also civil servants and career lawyers. Their boss, a County or State Attorney, typically is elected, but they rarely prosecute cases.
I've also never elected a garbage man, crossing guard, or a receptionist in my life, but I've only been voting for almost 30 years now. Maybe it'll come up soon.
This is kind of true. What is unusual about the Post Office is that they have exceptional investigatory powers but anyone can bring a prosecution in the UK.
And it is an important freedom. If the state is declining to prosecute its own, citizens should be able to.
In my view the biggest problem is the credulity of the courts, who are inclined to believe evidence from corporate officers by default, and often refuse efforts to challenge it. The late Ross Anderson documented many cases from the 1990s onwards of people being convicted on bullshit technical evidence.
Maybe the CPS would have seen through it if they had conducted the prosecutions, but I don't think that's obviously true.
Both the US and UK operate under common-law systems with substantial judicial precedent. In practice, there is very little difference between the two systems.
Stuff like this feels like some kind of society-wide humiliation ritual
Occasionally the system just ruins someone's life even though they're innocent, and the rest of us have to watch it so we learn just how thin ice we're all on. This woman didn't do anything and she's still getting wrung through the system, the rest of you better watch out
Gotta feed a sheep to the wolves every now and then so the other sheep learn to behave :/
Sad that Block Inc get to profit from frictionless signups, and outsource any costs of failings to innocent people in the form of jailtime.
Computer fraud, unlawful use of a communication device, and (identity) theft describe what Cash App helped facilitate rather than anything she did.
I wonder what happens if I start allowing people to send me personal information, auto-accept everything as the truth, and start sending their money around the world...
How I would like this to go so wrong for Cash App and the Prosecution. 10's of millions in fines but we all know the system protects these Corporations and shitty prosecutors. In the end she will have lost years of her life, her savings, etc with no restitution.
Nah people routinely sue local governments and police and win hefty settlements when it's determined that those organizations negligently damaged them in this sort of way. There was a lady in New York a while back who was held on armed robbery charges for like 18 months and it ended up she was set up by her PI ex-boyfriend who was friends with the cops. She lost her business, her job and all that time with her daughter as well. She sued afterwards and won some mid-single-digit-millions sum that I would argue is low (because honestly while that's probably life changing for her, it's not punitive enough for the police department), but it's not nothing.
I'm disgusted. How would one go about ensuring that their social couldn't be used to create an account with this much liability? Would freezing a credit line be enough?
Prosecutors have no interest in "justice." They are measured solely on conviction rates. If she's convicted, she will go through needless life-destroying suffering because of this. But at the end, it will be overturned after the prosecutors in question have been elected to Congress or a governorship. And then lawsuits will ensue. And that's why BS like this will never stop.
And with internet crimes like this the legal attack could come from anywhere. I trust that Arkansas does not have a competent digital crimes task force, as they are idiotic in almost everything else in the legal world.
I'm feeling paranoid now and wondering if the best defense is to proactively open accounts with Cash App, Venmo, whatever other stupid peer-to-peer wallet apps exist, just to lock down my identity and be in control of it. I'm not sure if locked credit and monitoring would work here because these services probably don't do credit checks or show up on reports anyway.
Someone opened up a PayPal account in my name a few weeks ago using an old address. I canceled my PayPal account years ago because I was afraid of it being linked to my bank.
It took an hour to get past the AI who kept hanging up on me. I’m more concerned after reading the article.
That is one defense for having an open system, but that only affects services who use these systems. The article doesn't mention if CashApp actually used her social to check credit, or just took the attackers' word by checking if the SS was valid and provided credit.
The other problem is that there isn't just one credit system, there are 3 major ones for general consumer credit, and other specialty ones (Innovis, etc; I had a list somewhere but can't seem to find it; AI might be a friend here).
I've heard someone mention using Chexsystems but I'm not sure if that's available to ordinary consumers or how you'd be able to just go and do that. Or if it would show something like Cashapp.
It actually depends on which credit bureau CashApp is contracted to use. If they use TransUnion, then you'd need a TransUnion account and freeze your credit report there.
These are felony charges, are there no grand juries in AZ. The defense needs to absolutely unseal the grand jury testimony, there could have been nothing but lies told in that room. Not a single shred of evidence the defendant was ever in Arizona.
Fortunately, this stuff will never change because we're too busy fighting amongst ourselves how much foreign labor we should import to keep people too poor to fight these cases in the first place.
This is so backwards that it doesn't even compute in my brain.
This basically says I can act in bad faith to incriminate anyone if I have access to a somewhat "reputable" SaaS.
I hope some black hat group targets these prosecutors identities and create accounts for them so they experience that firsthand to understand how ridiculous this is.
From what I can tell, the best she can possibly hope for is to be set free after a few hundred thousand dollars in legal fees. I see this as a consequence of increasingly out of control automation.
There's 330 million people here. You, being not from here, only find out about what's exceptional, not what's normal. This case made the news because of how bad it is. It this was common, it wouldn't have made the news.
Let's not pretend this is an every day occurrence that happens to everyone. It's a one-off oddball situation. I'm not even sure we have all the details considering the sources.
Consider the story a PSA, for folks who still believe that Trust and Justice are somehow part of the American Way. Maybe use it as a teaching tool with your kids, too.
>Smith later discovered why she had been arrested: a scammer had tricked someone into sending $1,000 to a Cash App account, one that was in her name but controlled by a criminal.
And that brings $50,000 bail and days spend in jail before trial? Should just be a civic matter at worst.
>It turned out that the account had been created using Smith's Social Security number and date of birth. But Smith, who describes herself as not tech-savvy, said she had never used Cash App. The situation sounds like one that should have been resolved quickly. But Smith says she is still being asked to prove her innocence in an ongoing criminal case. One stumbling block was that Cash App refused to hand over details of the account to Smith because she couldn't prove she was the owner. She eventually received the data through discovery in her case.
Surely some details about her are the same as in the account profile, and not just the name, else they wouldn't prosecute her for an app account that bears no relation to her. Do they prosecute people just for something happening on the same name and surname as them?
If the account had others details about here to fool people, like her photo or SSN or address, she should have got access to the account, without having to demand it via discovery.
> If the account had others details about here to fool people, like her photo or SSN or address, she should have got access to the account, without having to demand it via discovery.
Did you read the quote you quoted? Your quote says the account was created with her social and date of birth.
This is nuts. Is it possible US prosecutors give so few shits about justice?
Where can we see their tough-on-innocence statistics?
There's a tendency for people to react to institutional problems like this by saying they'll just move over here to a blue state, or they'll monitor their accounts closer on reporting bureaus, or they'll just have a lawyer on retainer, etc, etc. If a legal system in a red state is this dysfunctional, you can't simply hide away in a blue state with better-run systems. The underlying problem - the social decay of much of the US and the broader world - needs to be directly engaged with and confronted.
Blue state systems are not better run.
Most definitely are.
This happens a lot because at the individual level, it’s sort of in everyone’s best interest to take the deal. The prosecutor wants $2,000 and 0 jail time and it all goes away. If you don’t take the deal, even assuming you win in the end, it will probably cost you way more than $2,000 and however long the probation check ins take. You will recover neither your time, nor the money you spent on lawyers/transportation/days off/etc.
At the macro level it happens because prosecutors get judged on their conviction/case closure rate, because we implicitly assume they found the right person. Browbeating people into accepting token punishments that technically close out the case counts for the metrics voters actually watch.
If I might lean a little conspiratorial for a moment, it also behooves the prosecutors office to flood the defense attorneys with cases. People will vote to raise the prosecutors funding to deal with criminals, no one will vote to raise defense attorney funding. Last I saw the average prosecutors office gets something around double the funding the defense gets.
It got so bad in some city in Oregon there was (is, really), a near constitutional crisis because the city got trapped between the provisions of the 6th amendment. Defense attorneys were so flooded they said they couldn’t take any new cases. The 6th amendment says the accused has a right to counsel, which is an issue. It also says they have a right to a speedy trial. The city was going to have to allocate money to the defense and get them lawyers quick, or drop a bunch of cases.
That never happened, the judge basically just said “Nuh uh” and I believe threatened the defense office with sanctions if they didn’t just assign the cases to lawyers who were already saying they had more cases than they could imagine.
I’m a little shocked we haven’t seen a huge wave of successful “ineffective assistance of counsel” appeals. Pointing to a signed, public statement your lawyer was overworked before you even talked to them seems like a decent starting point.
While there are definitely issues of pay disparity, there are a lot of criminal law firms employing "former prosecutors". In my conversations with one or two - the pay is better, but the disillusionment and need to railroad defendants got to them.
They were quite overpaid compared to other local government roles, and had very poor public visibility. WP says they were originally going to be called "sheriffs" but that was rejected as "too American". This does make it clear that it was an attempt to copy the US system, but I feel obliged to point out that the Scottish court system has had Sheriffs for longer than the US has existed.
I mean, I would like to know what percentage of people makes an informed decision when voting for a judge for example.
A lot of them run unopposed anyway. And if they don't, I have no idea how you would figure out what candidate you like best.
Heck, in the US even the big political positions seem to be largely void of 'ideas'. It's mostly attack ads paid for by shady sources through PACs. That's where the majority of the votes are flipped/won...
Of what?
> Who approves the applications?
What's to "approve"?
> Who ensures the process is open?
Put it on a website and in the local paper. Applicants' names, their exam scores, their law school transcripts.
> It always comes down to winners of elections
Sure somewhere in the chain, at the end, there's an elected official. That's democracy.
But elected officials can be forced, by law, to use meritocratic selection criteria to appoint people. Many countries used or still use exams to hire bureaucrats. It's a very old concept:
https://en.wikipedia.org/wiki/Civil_service_entrance_examina...
https://en.wikipedia.org/wiki/Imperial_examination
> The USA isn’t a technocracy or meritocracy, for better or worse.
That's fine but a different argument from "it can't be done".
This is the goal ... They know they are at fault but admitting they made a mistake is damaging to careers.
In a lot of cases a carrot is dangled in front of people ... You can wast a lot of time (and money) fighting for your innocent, and take the risk your still going to get convicted.
Or you can take the plea deal, and it absolves us from our mistakes. And you save money because its cheaper then paying all those lawyers and court costs. And your innocent anyway, so that probations has no effect on you.
I forgot the source but the amount of prosecutions that are plea down is staggering. A lot of actual innocent people take plea's because its cheaper, then the alternative. And there have been plenty of people innocently convicted (even on shaky evidence), so most people take plea deals and they can move on with their lives.
This results in a culture where investigations are annoying. Where pressure is ramped up again and again to break people into taking plea deals. The biggest issue is, if you actually refuse to take a plea deal, then all resources are put against you to get a actual conviction, even if they know your innocent. "Why did you not just take the plea deal". Well, time to punish you for not taking it. Because repeat after me again, careers are on the line and losing cases hurt those future (potential political) careers.
Its the same why prosecutors fight tooth and nail, even if clear evidence is shows that a person was innocently convicted and spend X years in jail. It not about justice, its about protecting those careers.
The proof of innocents is heavily put on the other party, and it really hits hard on people who do not have the financial means.
Source: I work with a top defense lawyer in Chicago
I'd wager that 99% of the plea deals that occur in the world occur in the US. No other country uses it to the extent we do, and it's not even close. In many countries it's not an available option, or when it is and it's used, its use is heavily regulated and requires (meaningful) oversight by the judge on fairness, likelihood of conviction, etc.
And once you've accepted a plea deal it's not just a matter of making your plea - you also have to sign a whole raft of documents waiving a whole raft of rights, about appealing your conviction, about the right to present evidence in your defense in the future, or to witnesses, you have to sign a statement saying that even if you were to (attempt to) change your plea that it is your acknowledgment, "based on material facts" that the state is in possession of enough evidence to convict you.
Requiring only public information and a SSN that has probably leaked hundreds of times and can be accessed by any number of random people in public and private administration just shouldn't count as even an attempt to verify identity.
I have a gmail address that I secured back in 2004 which is fairly short in length. Multiple people other than myself have used that email to sign up for all sorts of things which never bothered to confirm that the user actually owned the account before happily signing them up. AWS accounts, hotel sites, innumerable soccer and fantasy-football related sites, etc.
Every time I would try to reach out to the service to tell them that I had never signed up for an account as the email holder, they would give me the same non-answer: "Well if you own the email account, just reset your password and then delete it!" Nope. Not doing that. It was their negligence that allowed the account to be created under my email in the first place. I am not going to acknowledge ownership of the account to cover their fuck-up.
If Cash App had run some sort of bank-level verification, I doubt a garden-variety scammer could've "stolen her identity" like this. But, since Cash App is not a bank... they don't need all those pesky safeguards, do they?
Identity theft is a failing of other people that is your problem to solve.
This very nearly burned me when buying my home - having been an AT&T customer in the PNW for nearly two decades, "I" apparently decided to hit up a Walmart on the outskirts of El Paso, sign up for a Verizon service, run up two months of international calls and bail out.
Despite a police report, my utility statements, AT&T bills, etc. (all of which were, to be blunt, none of VZWs business), VZW stood by it initially, "On review of your documentation, we remain satisfied that this debt belongs to you based on the documents used to open your account".
I asked to see them, since they were, in VZW's own words, "mine". "We can't, for customer privacy reasons." Oh, so "mine when the bill needs paid, may not be mine for privacy purposes".
We constantly face the consequences of businesses failing to secure the information which they (and in some cases legislation) requires us to give them. And when it (inevitably) is lost, then you're offered "free credit monitoring"...
The CRAs compete for breach business, because it's absolutely a profitable enterprise for them:
If you've ever signed up for one of these "free credit monitoring for a year" following a breach?
When you do, you typically do so by signing up for the highest tier (sometimes $30 or even $50 a month) product with a redemption code for one year free. You have to enter a credit card to do so, and to no-one's surprise, if you don't cancel in time, it automatically converts to a paid subscription "for your convenience".
There are many consumer protection farces in the US, but right up there has to be the notion that "identity theft" is the consumer's responsibility/obligation to prevent or resolve, not the entity that actually had the data stolen. You're considered liable until you prove innocence, even though you did nothing wrong.
> There was also a discrepancy involving the phone used to create the account. Cash App's records showed an iPhone running iOS 16.1.1, an operating system dating back to 2022. Smith, however, provided evidence that her iPhone 13 mini was running the much newer iOS 26.5.2.
Arkansas is one of the least educated states in the US and one of the poorest. So, yea, there are a lot of systemic issues there.
The plea deal offer kind of says it all, if this reaches the court it will either very quickly be thrown out or they may drop it because it's not worth the time.
Many other countries have proper multi-year colleges specifically for the field of policing, and rigorous physical and mental health tests required to get the job. In those countries the police is more educated and more competent than the vast majority of the population.
"I would never defend <company/common practice>. But this article is such egregious ragebait that I must speak out. It's a very sad outcome. But it's also clearly <her fault/impossible to legislate a fix/evidence that the system is working>."
Irony notice. This comment contains irony.
She's been accused of a crime. Yes, she was arrested and had to bail out. This is normal process. How else does anyone propose this work?
This may be enough to open an investigation and start gathering more evidence, but doesn't satisfy probable cause. The cops and court screwed up.
A database match is not enough to confirm that this specific person committed the crime.
It would be like sending a ransom note asking the money be sent to Joe Smith, 123 Fake St. That doesn't really tell you anything about Joe Smith's connection to the crime. It's completely incidental.
[0] https://maps.app.goo.gl/xnJUmJArCeaDmKem9
Again in the article the defense is saying the prosecution is demanding the lady prove her innocence, which is something cops love to do.
And because this is a technical crime the fact there is almost no evidence isn't going to save you in a court of law, especially in the 4th least educated state. It's not about the law any longer, but the stories the lawyers weave.
Every part of this would be fine if the companies allowing fraudulent parties to use their platforms were prosecuted for mail fraud, or interstate commerce fraud. Put the executive in jail. It's really this simple. The moment executives have repercussions they change their actions. Make cashapp prove they did their due diligence.
Most importantly here, the CPS has a "Test" https://www.cps.gov.uk/publication/code-crown-prosecutors#se... to tell them whether they should prosecute people. This is going to weed out a whole lot of the worst examples you'll see in the US.
You may remember Horizon not so long back, which was a gross misscarriage of justice in which large numbers of people who effectively worked for the Post Office were accused of crimes, in some cases jailed and even in a few cases committed suicide. Horizon is exceptional because, since mail was historically very important, the Post Office actually did have the same power as a Crown Prosecutor. Those cases were still sometimes really the fault of the CPS (not least because the CPS has a legal right to just seize control of, and then terminate a prosecution if they believe it would be prudent to do so) but are exceptional because most organisations could not have done this even if they wanted to try it.
Where did you get the idea that what you're saying is accurate about the US?
In the US most prosecutors are not elected, they are also civil servants and career lawyers. Their boss, a County or State Attorney, typically is elected, but they rarely prosecute cases.
I've also never elected a garbage man, crossing guard, or a receptionist in my life, but I've only been voting for almost 30 years now. Maybe it'll come up soon.
And it is an important freedom. If the state is declining to prosecute its own, citizens should be able to.
In my view the biggest problem is the credulity of the courts, who are inclined to believe evidence from corporate officers by default, and often refuse efforts to challenge it. The late Ross Anderson documented many cases from the 1990s onwards of people being convicted on bullshit technical evidence.
Maybe the CPS would have seen through it if they had conducted the prosecutions, but I don't think that's obviously true.
Occasionally the system just ruins someone's life even though they're innocent, and the rest of us have to watch it so we learn just how thin ice we're all on. This woman didn't do anything and she's still getting wrung through the system, the rest of you better watch out
Gotta feed a sheep to the wolves every now and then so the other sheep learn to behave :/
Computer fraud, unlawful use of a communication device, and (identity) theft describe what Cash App helped facilitate rather than anything she did.
I wonder what happens if I start allowing people to send me personal information, auto-accept everything as the truth, and start sending their money around the world...
IANAL - might any such care to comment?
A related angle is trying to get such laws passed, to discourage similar cases in the future.
Who is going to sponsor such a law? The same representatives that are paid by the lobbyists of the corporations the laws are targeting?
It took an hour to get past the AI who kept hanging up on me. I’m more concerned after reading the article.
The other problem is that there isn't just one credit system, there are 3 major ones for general consumer credit, and other specialty ones (Innovis, etc; I had a list somewhere but can't seem to find it; AI might be a friend here).
Because then nobody could keep using them like they're a password, and would have to find actually secure ways of identifying people.
I don't know enough about it to say if it would prevent the opening of a CashApp account.
Fortunately, this stuff will never change because we're too busy fighting amongst ourselves how much foreign labor we should import to keep people too poor to fight these cases in the first place.
This basically says I can act in bad faith to incriminate anyone if I have access to a somewhat "reputable" SaaS.
I hope some black hat group targets these prosecutors identities and create accounts for them so they experience that firsthand to understand how ridiculous this is.
For the land of the free and home of the brave ... it's incredible what you let happen.
And that brings $50,000 bail and days spend in jail before trial? Should just be a civic matter at worst.
>It turned out that the account had been created using Smith's Social Security number and date of birth. But Smith, who describes herself as not tech-savvy, said she had never used Cash App. The situation sounds like one that should have been resolved quickly. But Smith says she is still being asked to prove her innocence in an ongoing criminal case. One stumbling block was that Cash App refused to hand over details of the account to Smith because she couldn't prove she was the owner. She eventually received the data through discovery in her case.
Surely some details about her are the same as in the account profile, and not just the name, else they wouldn't prosecute her for an app account that bears no relation to her. Do they prosecute people just for something happening on the same name and surname as them?
If the account had others details about here to fool people, like her photo or SSN or address, she should have got access to the account, without having to demand it via discovery.
Did you read the quote you quoted? Your quote says the account was created with her social and date of birth.