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?
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...
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.
> 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.
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.
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?
"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.
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.
This is nuts. Is it possible US prosecutors give so few shits about justice?
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.
For the land of the free and home of the brave ... it's incredible what you let happen.
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?
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.
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.
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.
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.
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.
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 :/
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.
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 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.
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.
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 required 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".
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...
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.
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.
Also a reminder that in order for a plea to be valid the defendant has to agree/swear on the record that they weren't coerced in anyway way into making the deal (because you can't waive your right to trial under coercion).
Again, you're being presented with this article because it is an exceptional occurrence. If it wasn't, we wouldn't be discussing it.
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.
Source: I work with a top defense lawyer in Chicago
compil3d•1h ago
LogicFailsMe•1h ago
mjhay•1h ago
pixl97•1h ago
wil421•1h ago
It took an hour to get past the AI who kept hanging up on me. I’m more concerned after reading the article.
nontiko•35m ago
ashleyn•1h ago
hoppyhoppy2•1h ago
I don't know enough about it to say if it would prevent the opening of a CashApp account.
davsti4•53m ago
davsti4•54m ago
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).
trollbridge•28m ago
Because then nobody could keep using them like they're a password, and would have to find actually secure ways of identifying people.
bluGill•3m ago
Even SSN is not private - you need to share it with enough people that it is safe to assume bad people have it.
Connecting an ID to a individual person is very hard. It is even harder when that person is not physically there.
coldfloor•20m ago