Linda Foley’s Own ID Theft Case
(copyright- July 2004)
Many people have asked about my own identity theft story and why Jay and I started the Identity Theft Resource Center. Now that my case has finally come to some degree of conclusion, I am ready to go public. I hope that this will explain why Jay and I are passionate about our work, dedicated to combating this crime and continue to be available to all victims of identity theft.
The case: The State of California v Bari Nessel
(Case #SCD 138381, San Diego, CA)
Early in 1997, I picked up a copy of a local San Diego magazine called Essentially You at a restaurant. At that time I was looking for a writing job. I saw that this magazine didn’t have a restaurant review section (one of my specialties) and probably could use another writer. After meeting with the publisher, I was hired. A few months later, this publisher/owner asked if I would also like to do some advertising sales for the magazine. Since I had sold advertising while living in Los Angeles, I agreed.
At the end of June I filled out the normal employee tax forms and became an independent contractor with the magazine. I handed them to my employer, the owner of the magazine, Bari Nessel.
Within days, Bari applied for a cell phone using my information and in August started to apply for credit cards. I was contacted early in September by Citibank’s fraud department. They had done an account review and noted a new mailing address for me. The woman said they don’t call everyone but she decided to do a spot check and call me. Thank God she did.
I notified the police immediately. In the next few days I found out Bari had applied for 3 credit cards. In addition, I was able to obtain one application form in her own handwriting to give to the San Diego Police Department detective when he came to my house a week later.
A search warrant was requested, approved, and more evidence of other financial crimes was found during that search - with other victims involved, mostly due to bad checks. She was originally charged with 31 counts including one count of what would eventually be called identity theft (me). The other charges were check fraud. Eleven months later she was arraigned, eventually pleaded guilty and plea bargained for 5 years probation and 240 days of jail time, to be set aside if she abided by the terms of probation. A judge announced Ms. Nessel’s sentence in March 1999 and maintained jurisdiction over the case. The judge also set a review hearing for six months later.
Five months into her probation the police executed a 4th amendment waiver search, possibly preparing for the six-month review hearing. They found evidence of probation violations and she was sentenced (after an evidentiary hearing in October 1999) to about 3 months of jail time. She was released in January 2000.
Over the years, I have heard from a number of Bari Nessel’s victims, many who saw articles about this case while conducting an Internet search and then found our number via the Identity Theft Resource Center website. Some predated my case, and some had become victims after I did.
I referred everyone to the San Diego Police Department, specifically the detective originally assigned to my case. In March 2004, the original sentencing judge revoked Bari Nessel’s probation due to multiple probation violations. Ms. Nessel requested an evidentiary hearing (held in June 2004) where she was found guilty of all charges.
On July 20, 2004, the then presiding judge sentenced her to confinement for 3 years, 4 months. Since Ms. Nessel has numerous health issues, the judge took the time to explain that he had considered both her medical issues and the fact the probation violations were of significance. He explained that while he was sympathetic to her illness, in the final analysis, her recidivism and the extent of her criminal activities had to be the deciding factor.
The sentencing itself was quite dramatic and difficult for everyone in the courtroom to watch. Per an article that appeared in the San Diego Union Tribune (July 21, 2004)
ID THIEF GIVEN PRISON TERM SCREAMS, COLLAPSES IN COURT
By J. Harry Jones, Union-Tribune Staff Writer
As the judge told the identity thief that she had finally used up all her chances and he sentenced her to prison, the thief sank back in her chair yesterday, gripped her arms over her chest and screamed.
“I can’t! I can’t,! shouted Bari Nessel before astonished onlookers in a San Diego courtroom. “I’ll never make it through the night! I’m going to die!”
Paramedics were called, she was found to be fine but taken to the hospital for observation. She was released a few hours later. For more details, please read the Union Tribune story- available at
www.signonsandiego.com/uniontrib/20040721/news_1m21ident.html
.
During the sentencing, Bari spoke on her own behalf, for the first time in seven years. She pleaded for mercy, apologized to her family, but never apologized for any harm she caused her victims.
I wonder if she even considers herself a criminal. I don’t believe she does. As for me- I never had revenge in my heart as I went through this lengthy, 7+ year process. I only wanted to protect the public from Bari Nessel and that has finally been accomplished.
I am a firm believer that had she really be concerned about others (as she said) and concerned about her health, she would not have continued to steal. She made a choice and that resulted in a decision from a judge. I hope she will recover her health and perhaps leave incarceration with a new attitude.
(Note: You will notice that I occasionally use Bari’s first name only. That is because she became more than an employer; she became a “friend.” It’s taken a long time to unlink the two in my mind and apparently I have not been completely successful.)
The Impact of This Crime on My Life: On July 20, 2004 a chapter ended in my life. Being a victim of identity theft is an emotional trauma. Only my close friends knew my true feelings or that I included my personal saga as part of one of ITRC’s victim guides. This was written late in 1999.
“The person who stole my identity was a friend. When I first found out, I was angry at what she did to me, apparently without concern for my feelings or financial security. I reported the situation to the police and then spent the next few weeks worrying about her safety. Would she be arrested? Would she be angry with me? She did get arrested and pleaded guilty.
The first time (October 1999) they took her from the courtroom in shackles was a very difficult day for me. I had a lot of mixed feelings. I knew she would not be able to hurt me for a while, that she would pay for her crime. People told me I should be celebrating. But how do you celebrate when you get to walk in the sunlight and the person you thought was a friend is behind bars, on a cot, alone and unable to feel the breeze on her face?
It took me a while to stop identifying with her. I also had to make peace with myself. I was not the cause of the crime. I was simply a way for her to get money. By going to the police, I had actually given her a gift- a chance to change her ways and get her life together. I finally realized this crime was not about me. It was about her and her problems. I was just an innocent bystander. She was not capable of understanding friendship.”
Five years and 9 court dates later, I found myself again in a courtroom, begging a judge to recognize that Bari Nessel is a repeat offender and her pleas of illness had to be ignored. She is ill and I am sorry about that. But her actions continued through her illness. You’ve read the newspaper version of that final sentencing (above). I sat there numb, as if watching a movie. There is a sadness, for her family and even for her. However, it doesn’t change the fact that I am relieved for all of us.
What did this cost me? Six months of employment- she was my employer and I was NOT going to give one more person my SSN until I was hired. My refusal to put a SSN on a job application cost me many interviews. I have logged more than 300 hours of time, reconstructing the crime, clearing my good name and spending time in court. Emotionally- I am a changed person. I don’t trust like I used to. I understand the extreme vulnerability that we all have in terms of identity theft. I have grieved over my loss of innocence. I had the right to trust a friend and she stole that part of me that allowed me to connect with people completely. Perhaps the worst heartbreak was talking to her other victims and knowing I couldn’t stop Bari Nessel from hurting others in the same fashion that she hurt me. At times, the guilt was overwhelming.
Why We Founded the ITRC: Due to my experience, I became a volunteer for Privacy Rights Clearinghouse (PRC), one of the few places with guidance and information for identity theft victims. I quickly outgrew the information they had published on this crime (my imposter actually had been arrested- a novel thing then).
With the blessing of PRC, the support of my husband and our bank account, my husband and I founded the Identity Theft Resource Center, originally under the nonprofit umbrella of PRC and UCAN (their parent company). We became our own nonprofit in 2004.
We found ourselves overwhelmed with victims almost from day one. Our mission has remained the same- to help victims at no charge, to grow a network of volunteers (many of whom are victims) across the country, and to work as a team with companies, governmental agencies, law enforcement, legislators and consumers to battle this crime.
In a sense, Jay and I feel chosen to have this mission. We could have done what many victims do- move on with our lives and ignore this crime. Something inside of us would not let that occur. We feel blessed to be able to serve our fellow humans in this way and have received more commendations and awards than we ever imagined. Money is still a challenge since we would like to expand, but we trust that will come.
Thank you for your support.