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Identity theft of children by Courts

Assistant AG Johnson

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The new Attorney General for southeastern South Dakota was asked in writing to answer why Amy Lyngstad under law has not been prosecuted for identity theft of her daughter and why State Judges can invalidate federal laws. Is not using a fake social security number with your child’s identity a crime, or just a crime for some? Social Security Administration on ID theft is a waste of taxpayer dollars since Lyngstad has gotten away with it for years. Amy Lyngstad’s credit report shows used of multiple Social Security numbers.

Retired Judge Anderson was also sent a motion for him to answer as an officer of the Court he knows about the violation of federal and state laws, yet he turns a blind eye towards it.

The Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes. In the fall of 1998, for example, Congress passed the Identity Theft and Assumption Deterrence Act . This legislation created a new offense of identity theft, which prohibits knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.

18 U.S.C. § 1028(a)(7). This offense, in most circumstances, carries a maximum term of 15 years’ imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.

Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C. § 1028), credit card fraud (18 U.S.C. § 1029), computer fraud (18 U.S.C. § 1030), mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), or financial institution fraud (18 U.S.C. § 1344). Each of these federal offenses are felonies that carry substantial penalties ­ in some cases, as high as 30 years’ imprisonment, fines, and criminal forfeiture.

Federal prosecutors work with federal investigative agencies such as the Federal Bureau of Investigation, the United States Secret Service, and the United States Postal Inspection Service to prosecute identity theft and fraud cases.

Yet these laws as well as many others don’t apply to Amy Lyngstad.

Federal Penalties
It was a landmark step in identity theft prosecution when the Identity Theft Penalty Act was signed in 2004. It changed some degrees of punishment from a mere slap on the wrist to actual federal prison time. It also escalated what was considered just a misdemeanor to a felony on a federal level. Finally, victims were getting the bittersweet justice they deserved.

– Increase of Maximum Sentence – The act immediately elevates the maximum federal prison sentence from just three to five years.

– Additional Time for Phishing – For those found guilty of phishing scams, there is an additional two years of jail time automatically added on top of the sentence.

– Aggravated Identity Theft- A new crime, “Aggravated Identity Theft,” was added to the list of offenses. It is considered used when a person commits a crime using the stolen identity, such as mail fraud, acts of terrorism, or immigration fraud. Because of this new law, criminals may be charged with more than one offense, for Aggravated Identity Theft as well as Identity Theft. An additional two years is added to the sentence for Aggravated Identity Theft, and these sentences may not be carried out on probation.

- Abuse of Power – Anyone considered to be a person of trust, such as a manager or “insider,” will pay additional penalties for the abuse of power.

To the Brendan V. Johnson,

My ex-wife Amy Lyngstad has been using our daughter’s identity for years. Enclosed is the Yankton Sheriff’s report on the matter from last year. There is no prosecution and my daughter has a bad credit report. The Identity Theft Resources Center and Javelin Strategies Group along with the FTC say Amy Lyngstad has committed federal felonies as well as child abuse with her actions of using our daughter’s identity. The State Court knows all about it and is preventing a prosecution. The Court had the records sealed on matters so the public cannot see the records. I have not even been allowed to see the record.

The SD Supreme Court returned my motion in the envelope it was sent in. The Judicial Qualifications Commission has a complaint as shown by the 2 enclosed letters. Almost 10 months have passed and still no action by them. Judge James Anderson and Attorney Linda Kogel both have evidence and know of Amy Lyngstad committing federal crimes. Judge Anderson says it is nothing new Amy Lyngstad committing identity theft. In addition Amy Lyngstad on her credit report has many aliases used in financial crimes along with other social security numbers.

If Lyngstad can use one of our daughter’s identity and gets away with it legally I can use our other daughter’s identity.

Every agency and organization I contacted, along with the public would like to know why there is no prosecution for identity theft committed by Amy Lyngstad?

On a related note a co-worker had his check book stolen and checks written by the thief. He told Yankton law enforcement and they accused him of making up a story. He went to court 5 times for bad checks even though he has proof that another person wrote the checks. Yankton Courts and law enforcement looked the other way until the thief forged a woman’s account and the bank filed a complaint with law enforcement. The thief was promptly arrested for forgery for using the woman’s account and the imprisoned.

People want to know why Amy Lyngstad is not arrested and prosecuted for identity theft by a federal prosecutor. Why does the State Courts cover up identity theft when officers of the Court are to enforce the law not ignore it? My daughter has bad credit before she is an adult, effecting her future because the very person’s charged by law with protecting her ignore the law. Is Amy Lyngstad above the law?

Office of Professional Responsibility

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Will they do their job and find out why their was no federal prosecution for a federal crime and why the State Judges ignore federal law with the Sioux Falls Bureau condoning it?

South Dakota Judicial Qualifications Commission, 9 months later

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A letter from the Chairman of the South Dakota Judicial Qualifications Commission which raises a lot of questions as ‘only’ 9 months have passed.

First his letter then a letter to Senator Johnson on his concerns about the JQC and how they are going to cover it up. Everyone assumes the Courts are honest and not corrupt so this does not make sense to people that the courts are actually corrupt carrying out their own agenda ignoring the law as written.

The JQC letter from last winter are found here:

http://southdakotagov.wordpress.com/2009/12/18/senator-tim-johnson/

Dear Senator Johnson,

In reference to your last letter on the Judicial Qualifications Commission here in South Dakota, last week I  heard back from them, since their letters from last winter, which I forwarded a copy to your office.

Enclosed is the letter I received, which to me sounds like they were not going to do anything but for reasons unknown they changed their mind to at least discuss it or Judge Wilber the secretary did not tell the members?

To reiterate Judge Gilbertson will not allow me to file anything with the courts without his approval. I sent the matter of Amy Lyngstad using our daughter’s identity, a federal and state crime, and he sent it back in the original envelope. Judge (ret) Anderson has copies of the sheriff’s report and credit report as does the S.D. Attorney General’s office and Yankton States Attorney. The U.S. Attorney General, and Inspector General as well as the FTC have copies too. It is a federal crime to use your child’s identity and ruin their credit with criminal acts.  Except in this matter why?

The Judicial Qualifications Commission no doubt will find nothing wrong with Amy Lyngstad using our daughter’s identity while the Court looks the other way. The court is supposed to protect the children under law. You are an attorney and should know this. I do believe I sent you a copy of Judge Anderson’s Order there is nothing new about the matter. They would not allow me to get my motion file stamped on the matter of identity theft giving them plausible deniability. The Courts are not open and now they have egg on their face as what I said was true. The JQC will say it is up to the prosecutor and he has prosecutorial discretion. The Yankton States Attorney was at one time Amy Lyngstad’s Attorney. In addition I believe given the record the Court is suppressing a prosecution. Why else would you allow someone to steal their children’s identity and not be prosecuted, never mind the 1000s of bad checks and different fake and real social security numbers Amy Lyngstad has.

The JQC will blame someone else, as no one has heard of any Judge in South Dakota being disciplined. Even an internet search shows no Judge has been disciplined. Hardly believable but when the Courts are corrupt and answerable to no one that would be the end result. Judge Anderson is retired so there is little under law the JQC can do to him. The Justice Gilbertson has my motions returned so he can claim he never heard of it. 9 months later they are going to discuss the matter is absurd.

I realize this is confusing as people assume the Courts are honest and this does not happen. The Courts are to protect the children, not allow the custodial parent to ruin their credit before they even become adults and federal law is quite clear this is a federal crime which has gone unprosecuted.

The trial court has a duty to ensure the children are protected at every turn. Williams v. Williams, 425 N.W.2d 390, 393 (S.D. 1988); Jasper v. Jasper, 351 N.W.2d 114, 117 (S.D. 1984).

So why did the State Courts allow it and why is there no federal prosecution for identity theft?

Senator Tim Johnson

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A letter from Senator Tim Johnson. He goes totally off track on the subject that Amy Lyngstad for the last 6 years has used her daughter’s identity. Identity theft is a federal law that is not enforced while State prosecutor’s and State Judges cover it up. Senator Johnson wants to be the Senate Banking Committee chairman making laws.  Attorney Johnson did not know id  theft is a federal crime, how is he going to write banking laws?

The advice of hiring legal council is to be blunt a joke and attempt to avoid the real issue. The using your children’s identity is a federal crime, a CRIMINAL act! Either the laws apply to everyone or no one has to follow them. They are to be black and white not open to legislation by State Judges either ignoring the law or modifying laws to fit. Federal officials have egg on their face as his complaints over the years about Lyngstad committing identity theft are true.

The “ole boy” netword at work since Johnson, Justice Gilbertson and Rusch all attened Vermillion law school at roughly the same time. Just like the story on Judge DeLaughter and his good ole boy network.

Former state Supreme Court Justice Thomas J. Spargo was convicted in August of soliciting a $10,000 payment from a lawyer with cases pending before the judge in Ulster County back in 2003. (sentenced today to 27 months in federal prison}

74 year old Ronald Tills, formerly a State Supreme Court Justice, was sentenced to 18 months in federal prison in U.S. District Court in Buffalo before Judge William Skretny.

No one can believe it but here it is ,Judge DeLaughter is to begin serving his 18-month prison sentence today at a federal facility in Kentucky. A big “hero” and now going to prison.

The trial court has a duty to ensure the children are protected at every turn. Williams v. Williams, 425 N.W.2d 390, 393 (S.D. 1988); Jasper v. Jasper, 351 N.W.2d 114, 117 (S.D. 1984). The big lie.

The Judicial Qualifications was contacted months ago and does not do a thing. They are accountable to Justice Gilbertson. In addition since Judge James Anderson is retired there is nothing the JQC can do to him. The worst they can do is retire a sitting Judge and he is already retired.

Reply email to Senator Johnson:

Motions sent to the SD Supreme Court on the illegal acts of other Judges are read then returned in original envelopes. No such thing as an open court in South Dakota. The Judges have egg on their faces that Lyngstad was committing crimes against the children, but the Judges do not have to follow laws.

This court, in Rivers v. Rivers, 322 N.W.2d 864 (S.D. 1982), denied the father overnight visitation because he was living with a woman to whom he was not married. We recognized that, as in child custody cases, the “harmful effect of parental misconduct committed in the presence of a child old enough to see and recognize it is self-evident.” Think the kids wonder why they have bad credit?

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Credit report SD cooks the Books

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Article on MSN concerning ID theft. SD ranks near the bottom since SD “cooks the books”.

http://moneycentral.msn.com/content/Banking/FinancialPrivacy/P125094.asp

Updated credit report for Amy Lyngstad. Someone, most likely the Court, had all but one social security number she has used removed. But look at all the aliases and fake addresses! The names do not correspond with the address and are in a random order. But first States Attorney’s, (who was her attorney at one time), letter. She was never arrested or prosecuted for Identity theft of her daughter or the social security numbers on her credit report. Nor the no account checks listed in a brief history of an id theif.


Federal Trade Commission

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A page from the Federal Trade Commission on Amy Lyngstad using her daughter’s identity. When called they are confused too why Amy Lyngstad has not been arrested for identity theft.

The trial court has a duty to ensure the children are protected at every turn. Williams v. Williams, 425 N.W.2d 390, 393 (S.D. 1988); Jasper v. Jasper, 351 N.W.2d 114, 117 (S.D. 1984).

Just another case law Judge Anderson and the rest of his brethren ignore. Laws are only to scare honest people.

No prosecution walked away with 13 thousand in “free merchandised which the public paid for.

106 bad checks no prosecution.

Lists different Social Security numbers and alias, FTC has as well as law enforcement and the Courts. No prosecution.

 

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HOMEWORK coverup!

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No child left behind?

Again failing a class because the custodial parent is down at the bars.  (Ret) Judge Anderson and the misfits at Social Services along with the Yankton School District ignore it.Note at the bottom the N/A. The father is not important in the matter of his child’s education. Better a drunk unemployed felon has custody.

“Judge” Anderson will not answer if a guardian was appointed since the mother obviously is ignoring the children and not parenting. Why a second report card? Altering evidence is nothing new in South Dakota Courts.

Does not turn in homework, well because mom is our cruising the bars, with the Court and child protections blessing and could care less about the children. Judge Anderson is mulling over the issue since the mother told him she would pay off the judgment against the minor child, and get them tutoring.  She never paid off the judgment, but lying to the Court is a way of life for her, and the children are on their own when it comes to school work. How long before someone gets pregnant since mom is out cruising for men at bars? Just another unwed teen mother for the State to take care of. Judge Anderson return email. Not much of an answer below.

HS reportcard

From: “Jim Anderson” <jdgjim@pie.midco.net> To:”‘Mike Wagner’”
Priority:       Normal

Subject: RE: Acknowledgement of Motion Civ 97-597
Date:       Mon 11/ 9/09 3:54 PM

I have received it and will respond shortly.

From: Mike Wagner [mailto:]
Sent: Monday, November 09, 2009 1:22 PM
To: jdgjim@pie.midco.net
Cc: kogellaw@gmail.com
Subject: Acknowledgment of Motion Civ 97-597

Dear (Ret) Judge Anderson,

I require an acknowledgment that you received my Motion for Change of Custody dated October 31, 2009.

I just received this today and it is from my perspective quite disturbing and I am adding it to the Motion..

A copy of Ashley’s Report Card which states to Parents and Guardian. Which raise the question when was a guardian appointed and if so why was I not notified?

In addition the teacher’s comments that Ashley does not turn in homework regularly. Lyngstad is too busy going out to care for the children. The Court should also be aware that Lyngstad as shown by Court records goes to small towns, such as Tabor and Tyndall to party to avoid being seen in Yankton..

Something also the Court should be aware is the fact that Amy Lyngstad moved out of her parents house and moved in with an older guy when she was 17. Her parents actually encouraged it. The fact Lyngstad spends her nights at the bars while who knows what is going on her apartment. Is Ashley having a boyfriend over and are they engaging in sex while mom is out cruising the bars? Is Michaela since it is well known that 13 year olds in Yankton get pregnant too.  If Ashley or Michaela gets pregnant from the example set by her mother who is accountable since the Court thought Lyngstad was the better parent which is shown not to be the case. Again a false allegation of child abuse is what stopped visitation and no hearing was held afterwards that would address the issue.
In addition in the November 5th, Yankton Press and Dakotan last week was the following ‘report’: A sheriff’s office report was received at 4:50 p.m. Tuesday that a student was making threatening statements to other students while waiting for the bus at Deer Boulevard and Robin St. That address is right in front of Lyngstad’s apartment. Was Michaela involved in this as she has a history of behavior problems with fellow students?

The Court as pointed out in SD Supreme Court rulings the Court is to protect the children at every turn which clearly is not the case hear.

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Yankton Sheriff/Clerk of Courts IDTR on child abuse

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Ashley was 12 at the time so the deputy sheriff served the mother. The obvious questions:
1. The sheriff’s office as well as the Clerk of Courts is fully aware of Amy Lyngstad’s criminal history. They have filled out many papers and served her a number of times.
A 12 year old has an alias. Did they not wonder about that?
2. The 12 year old has a judgment for an unpaid utility bill. Illegal but Amy Lyngstad is above the law somehow.
3. It is obvious to anyone of intelligence and certainly a law enforcement officer would recognize identity theft. They knew Lyngstad was on probation for ID Theft at this time. Either they are entirely incompetent or covering up. They made up laws to arrest her ex-husband 4 times an he had the charges dismissed.
JUDGMENT ASHLEY
They are covering up and ignoring the law when it comes to Amy Lyngstad.

Linda Kogel her attorney and Judge Anderson both know this occurred as does prior Judges and the SD Supreme Court.
Laws mean nothing here to these people.

dentity theft resources center issued a report found here.

http://www.idtheftcenter.org/artman2/uploads/1/Aftermath_2008_20090520.pdf

Amy Lyngstad stole her daughter’s identity and goes unpunished even though many in law enforcement and the courts know about it. She has been committing identity theft and fraud for at least 10 years with no jail time while the Court looks the other way.
Quote from the study:” Children trust their parents. Unfortunately, many parents are abusing that innocent trust and committing identity theft against their own children. In most cases, children are incapable of comprehending identity theft and the damage it may cause them. If they are old enough to understand, what do they do about it? What would you do if you were thirteen and just learned you have defaulted on several loans or already have an alleged criminal record?
Frequently, abusive parents committing identity theft are not discovered until the child is 18 years of age and begins to establish their own actual credit. When those parents are confronted by the child or others to confirm the true identity, many excuses are used such as:
• Why is it illegal? I am the legal guardian.
• My child’s identity allowed us to have electricity!
• All the bills were paid, what is the harm?
• That is what family’s do!
Unfortunately, the truth, in the overwhelming majority of these cases, is that the abusive parent has abandoned their responsibility for other outstanding debts they have accumulated with their own identity. They simply resorted to and rationalized the use of their child’s identity instead of facing the consequences of their own deficiencies.
Ultimately that “all in the family” includes the irreparable damages.”

Child protection, law enforcement and the Courts look the other way. All because they can and the public does not care or is to scared of retaliation by the government officials they elected.

Amy Lyngstad is a text book case of a id thief and a child abuser.

19 counts of ID THEFT=100$ fine

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Amy Lyngstad was indicted by a federal grand jury on 19 counts of ID Theft. It resulted in a $100 fine and she kept right on doing identity theft.  Case CR 04-40105 Did not make restitution or pay taxes on ill gotten gains even though federal law says it was to be reported as income.

first page

2nd page fedSupposed they would do anything? Doubt it.

REPort to homeland securityShe got a sweetheart of a deal. 100 dollar fine and an year of federal probation where she kept right on committing identity theft and passing bad checks.

REdacted federalLyngstad was on probation when she received the judgment her daughter had when Lyngstad used her identity.

judgment
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