Q: Hello. My sister has my SSN and is threatening to use it to file a false report of ID theft against me

A: I'm sorry to hear about the stressful situation you're experiencing with your sister. Dealing with family conflicts involving threats and potential misuse of personal information can be very challenging. I hope the following information helps clarify your options.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. Legal outcomes can vary based on specific details not provided. For personalized guidance, please consult a qualified attorney licensed in New York.

In New York, making threats can be considered harassment or coercion under the Penal Law. Your sister's threat to falsely accuse you of identity theft may constitute a criminal offense, such as aggravated harassment in the second degree (Penal Law § 240.30). This law applies when someone communicates threats with the intent to harass, annoy, threaten, or alarm another person. If she follows through with her threat, it could have serious legal implications for her.

Regarding the potential misuse of your Social Security Number (SSN), if your sister uses it without your consent for fraudulent purposes, she could be violating New York's identity theft statutes (Penal Law §§ 190.78 - 190.83). Identity theft involves using someone else's personal identifying information with the intent to defraud, which is a criminal offense that can lead to significant penalties.

To protect yourself, consider taking the following steps. First, preserve all communications from your sister, including the WhatsApp message containing the threat. This evidence could be critical if legal action becomes necessary. Next, protect your personal information by placing a fraud alert or security freeze with the major credit bureaus—Equifax, Experian, and TransUnion. This will help prevent unauthorized access to your credit reports and alert you to any suspicious activity.

You may also want to report the threat to local law enforcement. Providing them with the evidence of her threat can initiate a record of the incident and may prompt an investigation. Additionally, since you've reported her alleged withholding of your mother's Social Security payments to the Office of the Inspector General (OIG), it's important to document any retaliatory actions she takes. Misuse of Social Security benefits is a serious federal offense, and any retaliation may be relevant in legal proceedings.

Finally, consulting with an attorney experienced in both criminal and family law in New York can provide you with personalized advice. An attorney can help you understand your rights, explore legal remedies, and represent your interests in any potential legal matters arising from this situation.

I hope this information is helpful, and I wish you the best in resolving this situation.