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Orlando Criminal Attorney Rajan Joshi in the News

Identity Theft Puts Broward County Man on the Ropes
A former employee of a NASA contractor was charged with using personal information belonging to a Fort Lauderdale businessman to damage his credit rating.

ByPATRICK DANNER
Posted November 24, 2008

David Welch's identity was stolen, someone requested various loan and credit-card applications in his name, his credit was ruined, and his Fort Lauderdale legal staffing business nearly went belly up.

Police say his Plantation landlord did it after a dispute over a $200 fee.

The landlord is also a software engineer employed by a NASA contractor, suggesting that identity theft sometimes can be rocket science.

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

''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.''

The crime was traced to Landivar by a computer expert hired by Welch, who was desperate to stop the deluge of credit-card applications, and inquiries about cash advances and loans. That onslaught of credit applications caused his credit score to plunge by 170 points. Welch, who said he had good credit before the squabble with his landlord began, was suddenly branded a bad credit risk.

That meant he couldn't increase the credit line for his business, Legal Staffing, forcing him to jettison staff and skip paying the bills, rent and even taxes to the IRS.

''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 off.

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.

Landivar, 33, didn't respond to a request for a comment. According to a Brevard County Sheriff's police report, Landivar told investigators he was angry Welch wouldn't pay a $200 fee after moving out of Landivar's Plantation house last year. Welch, who had rented the house for almost two years, said Landivar wanted him to pay to list the property with a Realtor -- Landivar's brother.

Landivar's lawyer, Rajan Joshi, declined to comment on the case.

`LOST HIS JOB'

''My client 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 was a website designer, Joshi said.

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 set for Tuesday in Brevard County criminal court, but might be postponed. Prosecutor Joseph Downing said he hasn't decided the terms of a plea deal, which could involve Landivar paying restitution.

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

PLEA OFFER

Welch said the damages are at least $100,000. Whatever the plea offer, Landivar can reject it and go to trial.

Meanwhile, Welch seeks unspecified damages in a lawsuit against Landivar and his former employer, Space Gateway Support. Aerospace giant Northrop Grumman and security firm Wackenhut Services, which the suit alleges created Space Gateway Support (SGS), also were named in the complaint. Welch claims the companies were negligent in hiring Landivar.

An SGS spokesman declined to comment. But in a response filed last week in Fort Lauderdale federal court, SGS denied it was negligent. ''No basis was found to question Landivar's suitability for the job duties for which he was hired by SGS,'' the company said.