Legal Question in Civil Rights Law in New York

Is the tax prep office I used negligent if my identity was stolen?
On March 10th, I went to file with the tax preparation office in my neighborhood that I have used for the past few years and I was later told that my primary SSN was already used to file. It was revealed that someone indeed had my personal information to file and had already received my federal tax return. After filing an ID theft report with the IRS Fraud Division, they told me that this individual electronically filed and the only way they could have done so is to have had my Adjusted Gross Income (AGI) from the previous year in lieu of my signature. Thus, the only person with that information would have been my tax office. The NYPD detective on the case found 20 additional cases this year from the same tax office. Do we have a lawsuit? Aren't they negligent? Please help! I cannot find a good lawyer.

Asked on 5/01/09, 11:21 am

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

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Re: Is the tax prep office I used negligent if my identity was stolen?

I would like to know the amount of your damages, and whether you have had your info compromised on any other matters, such as credit cards or bank statements.

It sounds more like one of the employees in the tax office is stealing from clients. This may or not be negligent on the part of the employer, based on the facts. Often, criminal acts are held to be unforseeable, which would preclude a negligence action.

Answered on 5/04/09, 8:52 am

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