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Orlando Criminal Attorney Rajan Joshi in the News

Business Owner Claims NASA Consultant was Identity
ThiefA Fort Lauderdale businessman says a software engineer working at the Kennedy Space Center stole his identity and caused him thousands of dollars in losses.

By PATRICK DANNER
Posted November 11, 2008

When David Welch began receiving phone calls and e-mails to his home and business from all sorts of companies about applications for loans, cash advances and credit cards, he got worried: The owner of a legal staffing business in Fort Lauderdale had never requested any of them.

With the help of an information-technology expert, Welch traced the applications to a computer at NASA at the Kennedy Space Center.

NASA's inspector general began an investigation. Authorities soon learned the culprit was Kevin Landivar, a software engineer who worked for a NASA contractor. Landivar, who had high-security clearance at NASA, had once been Welch's landlord.

Landivar was fired over the incident and faces a felony charge of using Welch's personal identification.

Welch, meanwhile, said he's still trying to recover from the damage Landivar has inflicted.

''This is the worst thing I've ever gone through,'' said Welch, 47. ``It's devastated me. [I've had] a lot of sleepless nights.''

Welch said the numerous inquiries by credit card companies and lenders into his credit history caused his credit score to plunge by about 170 points. Welch, who said he had good credit, was suddenly branded a bad credit risk.

That meant he couldn't increase the credit line for his business, Legal Staffing, forcing him to let staff go. He was unable to pay the company's landlord and the IRS on time, he said.

''When I tell you I almost lost this business, I'm not exaggerating,'' Welch said. ''I was literally days away from saying I've got to close this down.'' Plans to launch a court-reporting business were put on hold.

Welch said he spends about three hours a day responding to the various loan and credit applications that arrive in his mailbox or by e-mail.

A call to Landivar, 33, wasn't immediately returned. His lawyer, Rajan Joshi, declined to comment because of the pending criminal case.

''My guy has no prior record,'' Joshi said. ``He was cooperative with law enforcement and has been negatively impacted by this arrest. He lost his job.''

Landivar is charged with a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Prison time is unlikely because Landivar is a first-time offender.

A plea hearing in the case is scheduled for Tuesday in Brevard County criminal court. A plea deal could involve Landivar paying restitution. Prosecutor Joseph Downing said he hasn't yet decided the terms of the plea offer.

''My problem is determining how to put a number on restitution,'' Downing explained. That is, how does he put a dollar figure to the harm done to Welch's credit score?

Welch put the damages he suffered at at least $100,000. Whatever the amount, Landivar can reject the plea offer and go to trial.

Welch has sued Landivar and his former employer, Space Gateway Support. Aerospace company Northrop Grumman and security firm Wackenhut Services, which the suit alleges created Space Gateway Support as a joint venture, also were named. The suit alleges the companies were negligent in hiring Landivar.