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Can a Fake Twitter Account Constitute Identity Theft?

Can a Fake Twitter Account Constitute Identity Theft Inmates often find creative ways to air their grievances. In an interesting case, Sims v. Monaghan , 2015 WL 9307350 (W.D.N.Y. Dec. 21, 2015), the incarcerated plaintiff created a Twitter account under the fake name of “Frank Zamiara” and a user name of “LitlZeezy.” The goal of the account was to inform others of the abusive behavior of a deputy named Michael Zamiara.

Plaintiff accomplished his postings by sending letters to his girlfriend who then posted the tweets. The officials at the jail discovered plaintiff’s social media activity when screening his outgoing mail. They placed plaintiff in a special housing unit under “administrative segregation” for 22 days.

An ADA was assigned to determine whether criminal charges could be brought against the plaintiff. A felony complaint was filed charging plaintiff and his girlfriend with identity theft, criminal impersonation and conspiracy. It alleged that the postings made Zamiara out to be a racist because they contained racially charged terms and the tweets appeared as if they were being made by him.

The criminal case hit a standstill when a motion to dismiss was filed. Monaghan claimed that the reference to “Frank” rather than “Michael” was a typo and he sought to amend the pleadings, but nothing further was done.

The matter was re-ignited when plaintiff was brought to court on unrelated criminal charges. A different ADA referred to the pending identity theft charges as a reason for why plaintiff should be denied access to judicial diversion. Eventually, a grand jury dismissed the identity theft charges.

Plaintiff (representing himself), years later, filed a variety of claims against several parties, including the ADAs. Most were dismissed, but the allegation of malicious prosecution remained. The court found this claim to be lacking as well due to:

  • Prosecutors have prosecutorial immunity. Additionally, the deputy is not liable because the existence of probable cause is a defense to a claim for malicious prosecution.
  • Because plaintiff used an item of the deputy’s personal information in using the Twitter account, probable cause existed as to the identity theft claim. Although Plaintiff’ claimed that he was acting as a whistleblower, the court determined that a reasonable person could’ve concluded that he was attempting to defraud and cause Zamiara damage.
  • There was probable cause for the conspiracy claim since plaintiff worked with his girlfriend.

If you are interested in learning more about identity theft or how we can assist you with your business-related needs, contact the knowledgeable lawyers at The Swenson Law Firm to schedule an appointment.

 

 

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