My wife has been a victim of identity theft and has had to deal with it for years. Recently, we have discovered that some jackass working with her identity has had a 401k opened for her. The social security office caseworker she was speaking with told her about it and backhandedly suggested that "You know, you can cash that in. It's in your name, technically.", Something along those lines.
My question is this. What kind of trouble, if any, can we get into for withdrawing the funds from the 401k? She did not open it, herself, obviously. But those who did open it did so with her SS# and such. It would be a welcomed restitution for all the horsecock we've had to put up with enduring this id theft over the years.
Do it! No harm will come, after all it's supposed to her anyways. Besides its not like the thief will complain
>>1597078
I can't see any harm coming from that. Money is probably obtained illegaly anyway, even if bitch has a real contract, she is earning money by deceiving her employer. I don't even see a situation where this person goes to the cops to get her money back. Just transfer it all to you by bank transfer or cash it in. How much money are we talking about here?
Only thing I can think off is that maybe later some debt will appear on her name related to the 401k, and the debt collectors will give you a hard time.
I don't know if this is possible tho.
>>1597078
>What kind of trouble, if any, can we get into for withdrawing the funds from the 401k?
Conversion, theft, jail time, fines, a criminal record.
The law doesn't recognize "they did it first" as an excuse to commit crimes. Stop harboring fantasies of getting your just desserts, because you're just going to make things worse.
>>1598030
Withdrawing money from your own bank account is not a crime. You can't steal from yourself
>>1598019
This. Isn't it possible to cash in and cancel the 401k, then ask for a confirmation call if another one appears under her name again?
>>1598101
>Withdrawing money from your own bank account is not a crime. You can't steal from yourself
It's not her account, dumbass. It was fraudulently opened with her SSN, but that doesn't convey ownership.
Furthermore, the money deposited to it was never hers, therefore the contributions were illegal. You can only deposit earned income into a 401k. You can't "gift" someone money into a 401k. So even if she did own the account (which she doesn't), she doesn't have ownership of the money in the account.
Stop playing internet lawyer. You're too stupid to get away with it.