"Offense of aggravated identity fraud" GA law since 2011 - and it has a penalty - but it is not enforced

* 16-9-121.1. Offense of aggravated identity fraud.

(a) A person commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment.

(b) The offense created by this Code section shall not merge with any other offense.

* 16-9-126. Penalty for violations.

(a) A violation of this article, other than a violation of Code Section 16-9-121.1 or 16-9-122, shall be punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000.00, or both.

(a.1) A violation of Code Section 16-9-121.1 shall be punishable by imprisonment for not less than one nor more than 15 years, a fine not to exceed $250,000.00, or both, and such sentence shall run consecutively to any other sentence which the person has received.

(b) A violation of this article which does not involve the intent to commit theft or appropriation of any property, resource, or other thing of value that is committed by a person who is less than 21 years of age shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $5,000.00, or both.

(c) Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud.

(d) Each violation of this article shall constitute a separate offense.

(e) Upon a conviction of a violation of this article, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the conviction.

* OPINIONS OF THE ATTORNEY GENERAL

Enforcement by investigators of Enforcement Division of the State Board of Workers’ Compensation. —

Investigators of the Enforcement Division who are certified as peace officers may enforce the aggravated identity fraud statute, O.C.G.A. § 16-9-121.1, by arrest and the execution of search warrants provided that the arrest and search is the result of a criminal investigation of an alleged violation of the workers’ compensation laws of O.C.G.A. Ch. 9, T. 34. 2012 Op. Att’y Gen. No. 12-3.

The below open records request to TCSG is pasted in reverse order – my original ORR is on the bottom., most recent reply on top.

D.A. King,

Thank you for your patience, D.A., and for taking the time to submit your Open Records Request. Pursuant to subparagraph (b)(I)(A) of O.C.G.A. 50-18-71, we are responding in a reasonable timeframe. You have requested copies of SAVE affidavits, applications, and Secure and Verifiable ID documents collected from specified employer participants in the apprenticeship program.

At this time, the requested records do not exist. The awarded companies were recently announced, and we are in the initial stages of the contracting process. This process includes the hiring of apprentices, submission of required documentation, and the verification of information prior to contracts to be drafted and executed.

It is anticipated that the requested records may become available by late February or early March. It would be best to submit a new request at that time to obtain the information.

Should you have any additional questions or require further clarification, please do not hesitate to contact our office.

When submitting future requests, use our ORR portal: Legal Services – TCSG | Technical College System of Georgia

Kind regards,

Leigh Keever

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Leigh Keever, M.A.

Policy Coordinator

Office of Legal Services

Technical College System of Georgia

1800 Century Place, NE, Ste. 400

Atlanta, GA 30345

404-679-4971–office

lkeever@tcsg.edu |www.TCSG.edu

_________________

From: D. A. King <dk
Sent: Tuesday, December 3, 2024 11:32 AM
To: Keever, Leigh <lkeever@tcsg.edu>
Subject: Re: ORR

CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Thank you.

dak

Sent from my iPhone

_________

On Dec 3, 2024, at 11:28 AM, Keever, Leigh <lkeever@tcsg.edu> wrote:

Mr. King,

Thank you for contacting the TCSG with your Open Records Act request. Pursuant to subparagraph (b)(I)(A) of O.C.G.A. 50-18-71 we wanted to notify you that the breadth of acquiring the requested data will take longer than the 3-day period. We anticipate having the documents you are requesting to you no later than Friday the 13^th of December.

We appreciate your patience and understanding.

Kind regards,

Leigh Keever

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Leigh Keever, M.A.

Policy Coordinator

Office of Legal Services

Technical College System of Georgia

1800 Century Place, NE, Ste. 400

Atlanta, GA 30345

404-679-4971–office

lkeever@tcsg.edu |www.TCSG.edu

___________________

From: D.A. King <>
Sent: Monday, December 2, 2024 10:15 AM
To: Keever, Leigh <lkeever@tcsg.edu>; D’Alessio, Mark <MDAlessio@tcsg.edu>
Subject: ORR

Please regard this email as my official open record request for copies of documents pertaining to compliance with OCGA 50-36-1 in the HDAP Apprenticeship Program.

Please send me copies of SAVE affidavits, applications, and Secure and Verifiable ID collected from the below employer participants in the apprenticeship program. I understand that there may be some redaction.

5 Points Electrical

Ace Electric Inc.

All & Everything LLC

Ascendum Machinery Inc

B & W Mechanical Contractors, Inc.

Bargeron Electric Company LLC

Caterpillar BCP, Inc.

Croy Electrical Inc.

Silver Sheet Metal

Delta Plumbing Inc.

Thank you,

D.A. King.