SSN Policy Manual

Financial Issues

18 USC $245 provides criminal penalties for prohibiting a person, under color of law, from freely enjoying the benefits of being a citizen. 18 USC 3245. Federally protected activities (b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with (1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from (B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States; (C) applying for or enjoying employment, or any perquisite thereof, by any agency of the United States; (F) enjoying the goods, services, facilities, privileges, advantages, or accommodations shall be fined under this title, or imprisoned not more than one year, or both; 18 USC $242 provides criminal penalties for prohibiting a person, under color of law, from freely enjoying the benefits of being a citizen because of the race or religious beliefs. This is important because many people's objection to a social security number is based on their religious belief that it is a type of "mark." 18 USC 5242. Deprivation of rights under color of law Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both 42 USC $1983 provides civil penalties for prohibiting a person, under color of law, from freely enjoying the benefits of being a citizen. 42 USC s1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. It should be clearly obvious that it is not only against the law to use the color of law when attempting to get people to do what you want, but it is also foolish since it could result in serious fines and imprisonment. Most bank managers are reasonably aware that 3 1 CFR 5 103.34 requires them to request a social security number from customers. However, few of them are aware that the same law does not require a customer to provide the number and that the law actually provides for the likelihood that many customers will not give them the number they request. It is legally proper for a financial institution to say "I am required by law to ask you for a social security number." It is asserting illegally, under the color of law to say "the law requires you to provide a social security number."