Here in Colorado, a local District Attorney recently embarked on a campaign - named Operation Numbers Game - to prosecute people under Colorado state criminal statutes for the charges of Identity Theft and/or Criminal Impersonation. The charges are based almost exclusively upon copies of tax returns and tax records filed by these individuals - many times in conjunction with an ITIN number - which law enforcement seized from a local tax preaparer's office. The theory being advanced by the District Attorney relies on the ITIN, the tax return and other tax-related documents (W-2 forms, etc...) as the primary evidence in these cases.

As you might imagine, the potential impact of Operation Numbers Game on the immigrant community in northern Colorado is tremendous. Currently, the District Attorne';s office estimates that they will potentially seek to prosecute over 1,300 people - an operation roughly 3 times the magnitude of the Swift raids in Greeley, Colorado in 2006.

The ACLU of Colorado filed suit on Monday evening on behalf of the tax preparer and several other plaintiffs, arguing that the search of the tax preparer's office was unconstitutional and violated not only the tax preparer's rights but also the privacy rights of people who had filed taxes with the preparer. The suit seeks declaratory and injunctive relief to return or destroy all information illegally obtained from the seizure of those documents.

Attached is the ACLU press release relating to the suit along with the public documents that were filed in the case. The ACLU of Colorado has done an incredible amount of work to bring this litigation to fruition.

I'm not sure if other jurisdictions around the country are seeing these types of prosecutions, but here in Colorado this seems a new mutation of anti-immigrant strategy as it is evolving from workplace raids, to Postville federal prosecution and judicial removal, to what now appears to be local prosecution of persons who are paying taxes. Hopefully this is not occurring in any other jurisdictions throughout the country, but I wanted to push this out so that people have some advanced notice of what might be coming in other jurisdiction as well.

More information can be found at the ACLU of Colorado's website - http://www.aclu-co.org/news/pressrelease/release_weld_012709.html

Also, if you are interested in looking at the Weld County Sheriff's website to see their press releases, news articles, power points, booking photos and other propaganda materials, it's here: http://www.weldsheriff.com/numbergames/index.html

Hans

Hans Meyer
Attorney, Denver Trial Office
Colorado State Public Defender
110 16th Street, Suite 1300
Denver, CO 80202
(303) 620-4999 (phone)
(303) 620-4987 (fax)
hans.meyer@coloradodefenders.us