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Identity Theft Victim Discusses Her Case – CNN Transcript

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(BEGIN VIDEOTAPE)

WHITFIELD: And you can see more stories on identity theft on Anderson’s Cooper show, “AC 360,” airs weeknights at 10:00 Eastern, 7:00 Pacific.

And joining us live for more on this legal limbo she’s found herself in. Stancy Nesby, who is joined by one of her attorneys, Bryan Vereschagin. Good to see both of you.

Good to see you as well.

Well, Ms. Nesby, let me begin with you. Can you hear me okay?

NESBY: Yes.

WHITFIELD: OK. Good. Let me begin with you, Ms. Nesby. First, this has to be a nightmare as a victim, myself, of identity theft, I know in part what you are going through but arrests time and time again, tell me what it’s like for you as soon as you leave the home, you must have a level of paranoia.

NESBY: Yes, that is true. I just deal with it day by day. Basically, it is a nightmare, it’s really scary to leave the house not knowing if I am going to be arrested again or not.

WHITFIELD: So after the city had said to you, as we saw in the piece, that they would clear it up, what was your understanding of what that meant? NESBY: My understanding was that I wouldn’t go to jail any more, that the warrants were still outstanding but I would not go to jail. I had paperwork and so on and so forth. Promises from the police department and the police officials that I would not go to jail.

WHITFIELD: And so Mr. Vereschagin, why is it that you insist that the city bear some responsibility in helping to clear up her name?

BRYAN VERESCHAGIN, NESBY’S ATTORNEY: Well, the city’s position all along has been that they have no statutory duty to correct knowingly false warrants and bad warrants. We disagree with that. The city has also taken the position that it never arrested Stancy. But we have now learned new information and new evidence within the last month that indicates that that was a misrepresentation.

In fact, what we are dealing with are electronic warrants that are sent statewide throughout California. And San Francisco in certain of these instances was in fact having Ms. Nesby arrested even though they promised they wouldn’t.

WHITFIELD: So is there some sort of database or somewhere like that that can be corrected or where police, perhaps consult to see if her fingerprints match you know, this suspect’s or if she is, indeed who she says she is? It seems like there would be a simple database with that kind of information, right?

VERESCHAGIN: It’s not that simple. There are local, state and federal databases that all contain varying criminal information. In this situation, San Francisco promised Ms. Nesby that they would put in sufficient information into the statewide — California statewide warrant system which would prevent her from being arrested pursuant to these warrants.

We later found out in the course of litigating this matter that they did not put that information into statewide systems.

WHITFIELD: Well, we asked the city to join us live along with this discussion with you all but they refused, saying that their taped comments would suffice, so once again, let’s hear from Matt Dorsey, who is a city attorney representative on tape.

(BEGIN VIDEO CLIP)

MATT DORSEY, CITY ATTORNEY SPOKESMAN: It really isn’t a question of whether we are sympathetic, we are. It wasn’t a question of whether she was harmed. Stancy Nesby was definitely harmed. This is something that I don’t think you would wish on your worst enemy. You pray it doesn’t happen to you.

But it really comes down, in this case, to whether there’s liability on the part of the city, to what extent taxpayers should be responsible for that. It’s our position and its our job to defend the interests of city taxpayers. That there is no liability. And the courts have agreed with us twice.

(END VIDEO CLIP)

WHITFIELD: So, Ms. Nesby, who do you hold liable for this terrible mix-up?

NESBY: Well, I hold them responsible, the city, because it shouldn’t have happened. The reason of that is if they were — if I went to court and I was, you know, I was given clearance, they should have went forth to protect me, rather than protect the impostor. They protected their impostor as if she was the innocent one. And here I am being treated like I’m really guilty.

WHITFIELD: Well, Ms. Nesby and Mr. Vereschagin, we are going to continue to follow your story and hopefully this will all be resumed and you can reclaim your identity and reclaim some normalcy back in your life. Thanks so much for sharing your points of view.

NESBY: You’re welcome.

VERESCHAGIN: Thank you, Fredricka.

WHITFIELD: Well, Mexico votes today. It’s an election that could have a major impact on millions living right here in the U.S., we will show you what’s at stake.

Plus he serves on the front lines in the war zone, hear what a U.S. soldier has to say about his mission in Iraq.

And how vulnerable is the American border? Find out through the camera lens of U.S. government agents later on CNN LIVE SUNDAY.

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