Identity Fraud Question

If he wants the bank or credit card company to write-off the debt, he'll have to make a police report and identity theft and your stepsister will be arrested. You can't have it both ways - either it's authorized or it's not.

If your stepsister was the kind of person who would just "pay back what she charged" then she wouldn't have charged the stuff in the first place.

See if you can give your dad this perspective. Her 2 elementary school aged kids ARE ALREADY dealing with this person as their mother. They are already learning to be dishonest. So, if he holds her accountable it may be tough for these 2 kids RIGHT NOW. But, they are learning that if you steal..... there is a consequence.
The WORST thing he can do for the 2 kids.... is to keep mum.

Technically..... your stepsister stole FROM YOUR DAD. not from the credit card company. So, it's up to your dad to press charges against a thief (if he looks at it this way..... it may change his emotional connection to the situation).

This is unfortuate all around and I wish you and your dad much peace and luck.

Regardless of if what she did was legal or not, it was cruddy. It's a reflection of her lack of character. Now you all know a L. more about your stepsister for future dealings. (I'm looking for a silver lining here...)

I wonder what would make your father think she's just going to pay back the money that she had to steal his identity to obtain? If that was possible, she wouldn't have done it in the first place, right? It will take her YEARS to pay that off paying the minimum payments. I hope she is remorseful and serious with her commitment to make this right.

Your dad is showing her grace and mercy.
Not sure if she deserves it, but it's his (enabling) choice and he will have to accept the repercussions of his decision.

I suggest that you talk with a police officer or district attorney assigned to the Fraud Division. You don't have to give names and can word it similar to this post.

I suspect that what the store is saying is that your father has to file with the police in order for this to be treated as fraud. When there is no police report there is no proof that fraud took place.

Did/does she have some sort of power of attorney for him? What was the basis she was using to take care of his finances? I mean, did he just give her signatory rights to his accounts, or was there more to it?

If she has/had no LEGAL right to open/close accounts in his name, then it seems to me it would be fraud, regardless of what she did with the particular account. But if he refuses to press charges, there isn't much any one can do.

To the best of my knowledge until your father formally reports her and files an official complaint nothing can be done.

Personally, I don't understand the thought process of "I don't want the kids to deal with this". But that's his decission to make.

There is no way in C#$S%^D$% that she's ever going to pay back that money. I doubt she will even make a modest attempt. She's a theif and a criminal. Don't trust her. Don't be fooled by her lies.

Since your aunt is the "power of attorney", she's the one responsible. Encourge her to make it right.

Yes it is identity theft. No there is nothing you can do if your Dad or Aunt won't press charges. Now honestly if your Aunt is POA, then she could do it even if he doesn't want to. the cc company is saying that because they will not deal with things like this without anything. I had a cc opened in my name sent to a previous address of mine, and the bills apparently sent there, for years. I was told initially that there was nothing that could be done as it was sent to an address that I lived at. I did not stop there, i was not about to pay thousands of dollars for something someone else did. I sent a notarized letter to the credit card companies identity theft department telling them this was not authorized by me, that I would press charges if nothing was done(with the help of an attorney), and amazingly I had to do nothing more. They closed the accounts, wiped away all the charges, took it off my credit report. I was thrilled! Especially after the initial dealings where they told me I was responsible. I think besically they figure if they say this it will keep people from doing anything and they can make their money. If you just pay them back they make all that money in interest. If they have to clear all the charges, they lose it all. Now it isn't their fault either that you step-sis a loser, but they will make it right if you do it correctly. I never had to pursue or press charges, now my situation was different, i did not know who did this. And I doubt they ever caught the person. But my understanding was that i gave up the right to prosecute the person and they now had that right, meaning the cc company could go after the person who opened the accounts if they find them, in your case they already know who it was. I would say to push your aunt to do something further. People should not be allowed to steal just because they are family and if nobody does anything, it just continues.