Garcia: Identity thieves do taxes and keep refund
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After being hit by identity theft, a Daly City couple discovered that criminals had filed phony tax returns in their name and kept the refund. IRS officials and tax preparers say this may be a banner year for tax fraud.
(Photo by Tim Boyle/Getty Images)
After being hit by identity theft, a Daly City couple discovered that criminals had filed phony tax returns in their name and kept the refund. IRS officials and tax preparers say this may be a banner year for tax fraud.

SAN FRANCISCO (Map, News) - Most people are delighted to get a tax refund around this time of year, during the annual dance with the Internal Revenue Service.

At least that’s the case when they file their taxes for themselves. When strangers do it for you — and then pocket the cash — the feeling is quite different.

Just ask Will and Gracie Tan, a Daly City couple who are trying to recover from a very bad start of a year that began with an identity theft case, resulted in crooks making a huge dent in their banking account and then the discovery that possibly a related group of criminals took their personal information and filed phony tax returns in their name. Their case is hardly isolated — IRS officials and tax preparers say this may be a banner year for tax fraud — but it’s hardly reassuring to know just how sophisticated computerized theft is becoming.

“It’s been a truly scary experience because so many things happened together that we don’t really know what to expect next,’’ Will Tan told me. “We thought the worst was over and then we discovered what happened with our taxes.’’

Late last year the Tans refinanced their home, providing lenders with a complete disclosure of all of their financial information, personal data and the numbers associated with their accounts. They thought nothing of this normal chain of events until Gracie decided to call Macy’s in January, inquiring about a refund due to them.

“A refund?’’ she was told by a store clerk. “Our statements say you have a bill due for $1,500.’’

Within a four-day period, they discovered that whoever had the information to bill something on their Macy’s account was busily trying to open a number of other credit cards, and that $5,000 was missing from their checking account. By the time they could put the brakes on their burgeoning financial nightmare and freeze all of their accounts, they had lost more than $15,000 to a group of scam artists based in El Paso, Texas.

The Tans had to go through the arduous process of reestablishing new credit accounts and making sure that Bank of America reimbursed them for all the money that was taken. And then, not long after dealing with the plight of being victims of identity theft, they received the information that their tax refund should be on the way.

There was only one problem — they hadn’t filed yet. So their refund was good news only to someone else.

If this has something of a familiar ring to it, it should. The Examiner reported recently that the number of fraudulent tax filings is on a steady rise, with tax cheaters using computers to create fake W-2 forms that IRS officials admit are nearly identical to the real thing.

“They’re getting quite sophisticated,’’ said Arlette Lee, a spokeswoman for the Northern California office of the IRS’ criminal investigations unit. “This is the first year we’ve seen the number of fraudulent filings so huge. But it’s not just here, it’s all across the country, and we’re trying to come up with a plan to attack this.’’

But that will likely provide little solace to the Tans and the countless other victims of tax fraud because once a fake tax form has been filed through a tax preparation firm, you can’t file electronically. So for those who didn’t discover that phony forms had been filed in their name, it creates a bureaucratic nightmare in dealing with the IRS.

The Tans are still grappling with their tax situation, but they’re hopeful that the worst is over. Will Tan told me that they’re moving ahead with their lives, but admits that it’s a shock to see how vulnerable people are once their personal financial information gets into the wrong hands.

“When you think about all the information out there and how people could lose all their money in retirement accounts, all the money they’ve saved all their lives, it’s really scary,’’ he said. “We had a group that knew exactly what to do in a short period of time. And if my wife hadn’t made a random call to Macy’s one day, there’s no telling what might have happened. I’m sure a lot of people have experienced much worse.’’

Given that the Tans suffered through identity theft, fake credit cards in their name, had their bank accounts raided and then had to learn that their tax refund was going to someone else, it would be hard to imagine a scenario more troubling for a typical middle-class family.

For if there’s no certainty left with regard to filing your own taxes, then according to the old adage, the only thing left for us to count on in life these days is death.

Ken Garcia’s column appears Tuesdays, Thursdays and weekends in The Examiner. E-mail him at kgarcia@examiner.com or call him at (415) 359-2663.


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8:57 AM MST on Tue., Oct. 2, 2007 re: "Garcia: Resignation request causes wrong uproar"

D. Boyd said:
Ever notice how many newsom stooges post here on Ken Garcia's comments site? newsom has his own little band of poll fixers who go online and post votes of "I Agree," or, "I Disagree," in his behalf from different ISP addresses. His former press secretary was caught doing that very thing, wasn't he? It's very transparent. They are little nazis who hate seeing alternate opinions than that of their fearless leader.

168 agree | 134 disagree
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8:17 AM MST on Fri., Sep. 21, 2007 re: "Garcia: Resignation request causes wrong uproar"

Tyronne Fatsengalla said:
Mayor Newson did mention that if the crime rate didn't fall he would resign. But there was a small disclaimer re: the Tenderloin, Hunter's Point and Western Adition crime. So all is well in SF. Prediction the Homicide (187's) will continue at an alarming rate. I continue to commend the SFPD rank and file who;s hands are tied by City politics. Hopefully no more Officer's will be injured/killed during his administration.

160 agree | 147 disagree
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11:23 AM MST on Thu., Sep. 20, 2007 re: "Garcia: Resignation request causes wrong uproar"

Examiner Reader said:
does anyone remember when gavin said he'd resign if the crime rate didn't fall under his leadership? we're set to surpass last years rate of violent homicides and newsom is asking for everyone else's resignations? i don't get it?

155 agree | 165 disagree
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11:28 AM MST on Wed., Sep. 19, 2007 re: "Garcia: Resignation request causes wrong uproar"

Examiner Reader said:
There has never in recent memory been a politician who evokes better the "emperor with no clothes" as Gavin Newsom. Despite having done nothing over 4 years, but look fabulous, people fawn over him as though he were a genuine hero, when in fact he is a celebrity. Yes, here in NORTHERN California, we have succumbed to the cult of celebrity. It no longer is the precinct of Southern Califronia. Fortunately, there are enough right-thinking people throughout California that our beloved mayor will have insufficient play for statewide office. Besides, with such emerging talents as Obama, Gavin's portfolio and his presence are absolutely lightweight and will not withstand scrutiny. Enjoy the next 4 years Gavin, because your trajectory in public service will be mercifully short.

176 agree | 185 disagree
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11:19 AM MST on Wed., Sep. 19, 2007 re: "Garcia: Resignation request causes wrong uproar"

Examiner Reader said:
to hello ken - are you aware that the number of police offciers in SF are diminishing in such numbers that any new recruits cannot get us to even let alone to the staffing level we need to have? Correspondingly, makings cops walk beats further compounds the shortage. Car patrols help the staffing shortage by enabling greater coverage by the same number of cops. Were we to make this compromise of putting cops on a walking beat, there would be a shortage elsewhere that would create crime in these locations.

158 agree | 165 disagree
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12:45 AM MST on Sun., Sep. 16, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

hello ken said:
yes ken, we would not want sfpd to get out of their safe, warm cars and walk around alittle.

180 agree | 172 disagree
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11:53 AM MST on Sat., Sep. 15, 2007 re: "Garcia: Resignation request causes wrong uproar"

L. Amiot said:
Newsom is a coward to treat his appointees like this. His selfishness and narcissism is boundless. He betrays his friends and he betrays his supporters. Somewhere along the line Newsom missed out on learning ethical behavior.

181 agree | 181 disagree
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11:12 PM MST on Thu., Sep. 13, 2007 re: "Garcia: Resignation request causes wrong uproar"

Examiner Reader said:
Newsom giddy over firing people? This dude is one sick puppy.

180 agree | 190 disagree
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8:10 AM MST on Sun., Sep. 9, 2007 re: "Garcia: The voodoo that Hsu does"

Examiner Reader said:
I wouldn't call it voodoo, the fact that Hsu the Fugitive who got away twice in the last week or so... I'd probably call it "incompetence" on the part of the authorities.... then again, seeing as how Hsu has been so generously funding the Clintons , and other Democrats for some years now .. I might call it a "political favor", etc...

187 agree | 200 disagree
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6:52 AM MST on Sun., Sep. 9, 2007 re: "Garcia: Hsu saga takes on a bizarre new twist"

Examiner Reader said:
The Bay Area legal authorities in charge of Hsu couldn't be That Stupid, could they??? Or maybe there is something more sinister at play here....maybe the Lawmen would get more results by investigating some of Hsu's Demorat friends in high places..... there's a tip for you, geniuses...

220 agree | 204 disagree
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2:34 PM MST on Thu., Sep. 6, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

Examiner Reader said:
As a lifelong Democrat who was foolish enough to vote for Mayor Newsom the first time around, it will not happen again. Eight years under this mayor will likely leave a san francisco where our unique quality-of- life will be barely recognizable. Unless, of course, a somehow "suburbanized" San Francisco is familiar to you.

180 agree | 180 disagree
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9:25 AM MST on Thu., Sep. 6, 2007 re: "Garcia: Hsu saga takes on a bizarre new twist"

Examiner Reader said:
Hey everybody, Lets all get out the race cards and have another round of You racist.

220 agree | 210 disagree
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9:00 AM MST on Thu., Sep. 6, 2007 re: "Garcia: Hsu saga takes on a bizarre new twist"

A. Perini said:
Hsu is a stooge for the PRC. He mules money to the Dems from their like-minded �One World� colleagues in communist China. The money they send to influence American politics is the cash that we pay for their myriad of inexpensive manufactured items exported by the shipload to the USA. Right now, China owns much of our debt. We are paying for our own destruction. Hsu is but one catalyst that has been spotlighted. In many ways, America is now where Rome was in 400 A.D.

226 agree | 199 disagree
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10:19 AM MST on Wed., Sep. 5, 2007 re: "Garcia: Twisted scandal may have another chapter"

Examiner Reader said:
at least we don't have Willie Brown, around, anymore.

180 agree | 165 disagree
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4:43 PM MST on Tue., Sep. 4, 2007 re: "Garcia: The voodoo that Hsu does"

Examiner Reader said:
No facts regarding this mans donations have been made and are pure speculative. Until then, he is a naturalized citizen and deserves his right to be innocent. Stop pointing fingers and judging due to his race.

215 agree | 222 disagree
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10:34 AM MST on Tue., Sep. 4, 2007 re: "Garcia: The voodoo that Hsu does"

Examiner Reader said:
NO bail should be allowed for this fugitive, but with political connections that he has I will be expecting him to walk free on bail and skip the country.

219 agree | 215 disagree
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9:12 AM MST on Tue., Sep. 4, 2007 re: "Garcia: The voodoo that Hsu does"

unclesmrgol said:
The money Hsu donated does not belong to the candidates to give to whatever charity they will -- it belongs to Hsu's victims, to be restored to them. As of now, the charities chosen by the candidates stand to receive stolen property, and I expect them to behave exactly like the candidates. As false logic would put it, if you give money stolen from a villager back to the village idiot, that's the same as giving it back to the villager who was harmed -- since they are both in the same village.

218 agree | 224 disagree
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9:07 AM MST on Tue., Sep. 4, 2007 re: "Garcia: The voodoo that Hsu does"

Examiner Reader said:
the chinacom army has been funneling campaign contributions illegally to their comrades at clinton inc. for almost decades. Can you say ' who's to say what illegal is ?'

235 agree | 212 disagree
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4:19 PM MST on Thu., Aug. 30, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

KeenPlanner said:
And watch him get a sweet deal on some valuable presidio land, and watch the presidio trust let him build whatever he wants. It's times like this that it's obvious that the examiner is owned by a right-wing religious extremist. No doubt a good friend of Fisher's.

195 agree | 170 disagree
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2:46 PM MST on Thu., Aug. 30, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

sfmike said:
Ken Garcia's p.r. puff piece on Donald Fisher and his third rate modern art collection (but it's worth lots of money!) was genuinely disgusting. Garcia writes, "So despite the off-base criticism of Fisher�s museum plan from the ideologically bound...even a brief glimpse of what awaits the public if the museum opens in three years, as planned, would quicken the pulse of any art lover." I'm an art lover and the pulse isn't racing, especially at the prospect of Warhol portraits of Mick Jagger disfiguring the sylvan setting of the Presidio. And describing Fisher as "a man who made much of his fortune on his canny knack of finding and buying real estate" is a bit coy. It should more truthfully read "a canny knack for finding and buying politicians and hack journalists."

188 agree | 224 disagree
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9:26 PM MST on Tue., Aug. 28, 2007 re: "Garcia: Cabbie case highlights S.F.�s taxi scene"

Examiner Reader said:
The problem with taxi cabs in San Francisco is there is no competition. We need to eliminate the medallions. Anyone who wants to drive a taxi should apply for a business permit, get a background check, a physical, a drivers license, and an biannual inspection on his taxi. Then go forth and drive. the cream of the crop will rise and the rest will get other jobs. We don't limit the number of restaurants that are in The City why should we limit the number of taxis?

226 agree | 247 disagree
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2:23 PM MST on Tue., Aug. 28, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

ed shuck noe valley said:
The good doctor from the Bay View / HP is a serious, sincere candidate. But she will not win outside the Western Addition/Bay View/HP. She has one strong plank and (compared to Gavin) little or no money. But the issue deserves to go forward. The HP toxic clean up is not an issue that Gavin could run against. He would do well to adopt her position or one very similar. There is no more pressing issue that the health crisis in the South East quadrant of the city.

283 agree | 190 disagree
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2:19 PM MST on Tue., Aug. 28, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

shortattnspan said:
You can see how dumbed-down America is becoming by reading the comments section of any news site. What's happened to proper English, grammar and spelling? What's happened to actually caring about how you represent yourself and your views? Why do people assume it's okay to use "Net shorthand" during the exchange of supposedly intelligent ideas?

186 agree | 203 disagree
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1:30 PM MST on Tue., Aug. 28, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

Don't know what i will do said:
I always vote even on off-year elections but this is one year i'm sitting out an election because "frankly i don't give a D***" The city, i feel is on the wrongtrack; we have serious problems and the working middle class is being squeezed but yet nothing is being done. We have a mayor who at first i thought would do a very good job; i'm disappointed' we have a district attorney and when murders are committed she will not seek the death penalty because she is against; well that is just saying "come to sf murderers, murder as many as you want, cause you won't get the death penalty; you most like will sit for 20 years and go on with your lives; the crime rate in SF is out of control, million dollar condos are being built (and the housing market is sinking and the average SF resident, probably can't even afford the down payment) and don't let me get started with MUNI, the homeless, the flighty streets . . .

205 agree | 195 disagree
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1:22 PM MST on Tue., Aug. 28, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

Examiner Reader said:
EDwin Lee should be banned from SF heis a low down lying money stealing racist lyer and him Mohammad Nuru ha swiped the city cleaned

180 agree | 210 disagree
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1:14 PM MST on Tue., Aug. 28, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

Examiner Reader said:
if the SF public re elects Gavin Nuisance then ot me that says it all we don't really cxare about our lives. Nuisance is the pits, worst I ever seen he is a follower drug user, and he is a cheater

191 agree | 196 disagree
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12:04 PM MST on Tue., Aug. 28, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

Examiner Reader said:
There are no serious candidates for Mayor other than Newsom. There are no serious issues for the progressives to tout that aren't being addressed by the current administration. If there were, I am sure that the Greens would be running a legitimate candidate for mayor. Why else would they? Maybe Matt Gonzalez hasn't raised enough money suiing the City to put on a decent campaign. Maybe they don't want to damage their inflated opinions of themselves. Maybe they prefer to sit on the sidelines until "the time is right". Maybe it easier to complain without coming up with solutions. Maybe they have no guts to take on a difficult task.

233 agree | 186 disagree
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11:05 AM MST on Tue., Aug. 28, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

Examiner Reader said:
Ken, you are a total Newsom flunkie. You don't even try. There are serious issues in the city. And there are serious candiates. Most importantly, Newsom through his handlers, minions, political consultants are trying to destroy his opponents and this city. Won't it be funny when he loses?

214 agree | 191 disagree
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10:32 AM MST on Tue., Aug. 28, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

Examiner Reader said:
I live in District 6, a place where my representative believes that if i plant a tree on the street, sweep up my block, paint out graffiti, organize a crime watch, call the police, then I "rich and callous" and trying to gentrify the area. Excuse me, I was born in the city in 1954, went to public schools and still live here. If we have District representatives then we need someone who represents all people in our District. Right now the system is really broken. I have talked to my neighbors and the gut feeling is that we might as well have city wide elected supervisors.

215 agree | 198 disagree
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8:31 AM MST on Tue., Aug. 28, 2007 re: "Garcia: Mayoral race an only-in-S.F. circus"

Examiner Reader said:
I am not sure why a no name reporter finds it hard to understand that some citizens in San Francisco actual care about the future of San Francisco. And are willing to engage in the political process and become a challenger in the Mayoral race. Making fun of these individuals does not change the facts that San Francisco has serious problems that need fixing buy those who care.

229 agree | 172 disagree
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10:19 AM MST on Thu., Aug. 23, 2007 re: "Garcia: Cabbie case highlights S.F.�s taxi scene"

Seven said:
Ed Jew has a medallion. But it must be in Burlingame, because still you can't get a taxicab in the Sunset no matter how many times you call.

227 agree | 222 disagree
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11:54 PM MST on Fri., Aug. 17, 2007 re: "Garcia: The mystery of Ed Jew"

mendez said:
with all this legal foot dragging going around with Ed, they might as well let this Jew go scot free.

390 agree | 238 disagree
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1:45 PM MST on Wed., Aug. 15, 2007 re: "Garcia: Twisted scandal may have another chapter"

Will Clark Rules said:
Don't you guys remember Dennis Peron? For most advocates the whole concept of medical marijuana dispensaries was a means to the true end... legalized dealing. Most of the original advocates admitted this from the very start. It was never about helping sick people - it was about legalizing pot. Most of us who voted for prop 215 knew this as well. And look at how it turned out!

243 agree | 235 disagree
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10:12 PM MST on Tue., Aug. 14, 2007 re: "Garcia: Twisted scandal may have another chapter"

Only god can save you said:
when you have to take the highway, but you are stuck in traffic. So, if you want another Katrina situation, just avoid traffic issues. and if you want it not, you could just listen to the wispers of the asphalt. unfortunately, the wispers are gone into the wind

220 agree | 239 disagree
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3:58 PM MST on Tue., Aug. 14, 2007 re: "Garcia: Twisted scandal may have another chapter"

Examiner Reader said:
any word on supervisor sandoval censorship rally of micheal savage at the radio station.sounds like the left just turned far right or met in the middle

251 agree | 230 disagree
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2:16 PM MST on Wed., Aug. 8, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

Examiner Reader said:
Vandallay. Really?

223 agree | 203 disagree
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9:29 AM MST on Tue., Aug. 7, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

Examiner Reader said:
Leadership is lacking in Room 200 of City Hall, the Board of Supes, the Police Dept, the DA's Office, and in the Courts. We have inexperienced, incapable, fearful people in key positions in our city government infrastructure. How did this happen? Apathy, lazy, frightened, ignorant constiuency, aggressive ill-planned social engineering, advocate judges, and big money pulling the strings. Without credible, honest, ethical, courageous leadership, this city will founder. Dr SS Van Nostrum, from the Institute

244 agree | 214 disagree
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11:58 AM MST on Mon., Aug. 6, 2007 re: "Garcia: Twisted scandal may have another chapter"

Examiner Reader said:
This is what the citzens of San Francisco wanted when they voted for the mayor and board of Supes...Why are they complaining now??? You all got what you wanted..Police Reform...Enjoy...

257 agree | 248 disagree
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7:55 AM MST on Fri., Aug. 3, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

Examiner Reader said:
Arrests-down, traffic citations-down, officer iniatated activities-down, field interoogation stops-down, response time to crimes in progress -up, staffing-down,political interference-up,morale-down,promotional opportunities-non existent, recruitment of highly qualified members-down, recovery of stolen autos-down, follow up investigations of felonies-down, decision making, leading, and managaing the Department-sub zero. community policing strategies-below sea level, and the list goes on. Who's to blame_________________________?? Arthur Vandallay, Hunters Point.....

267 agree | 255 disagree
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3:59 PM MST on Thu., Aug. 2, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

Examiner Reader said:
A suggestion... Get rid of the Police Chief's position and let the Mayor/Chief directly call the shots for the police department. You would have the same results and save the city $200,000+ per year!

254 agree | 237 disagree
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1:52 PM MST on Thu., Aug. 2, 2007 re: "Garcia: Twisted scandal may have another chapter"

Examiner Reader said:
Interesting perspective on Ruby Tourk. I hope she does come out swinging, or at least doesn't cower into oblivion or stay silent out of fear of the "City Hall Machine" If she's got something to say she should say it.

327 agree | 248 disagree
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4:11 PM MST on Wed., Aug. 1, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

eyeopener said:
Where does Garcia get his information? Dillon was well liked in D5, though some say not as effective as he could have been. The supes try to make improvements, but their hands are tied. Most of the problems here are top down. Fong is a weak leader, and the mayor only cares about looking good. meanwhile, drug dealers reside and do business unencumbered in public housing. The mayor does nothing. The housing authority does nothing. young people continue to die on the streets. i guess if the problems are not happening to rich, white people in the marina, it doesn't really matter.

254 agree | 246 disagree
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11:38 PM MST on Tue., Jul. 31, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

body part said:
no matter what the branch of civil servancy any of them are from, they will eventually run into City Hall politics. you have to play ball according to the calls of the higher-ups. I'm sure the top brasses don't have a clear picture what the lower brasses are doing, but if you're a cop these days in a new era, you have to bend with the politics, good or bad. whether it makes sense or not. I've spoken with cops before - do your twenty or so, get out and retire into the sunset. city hall employees are there for exactly that reason alone.

263 agree | 283 disagree
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11:13 PM MST on Tue., Jul. 31, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

Gretchen said:
The police department has been understaffed for years because our "progressive" Supervisors kept taking the money for police recruit classes and spending it on other things - usually the homeless. Whether the police are on foot, in cars, on bikes or even horses, the police are understaffed thanks to the Supes, and without enough police, they can't be everywhere all the time - they have to jump from one hot spot to another. So, you can complain about the Mayor or the Police Chief if you want to, but the real problem has been that money requested to support police and crime prevention has been held hostage by the Board of Supervisors. This month Chris Daly campaigned up to the last minute to cut over $30 million from the budget to fund his pet projects. $3,000,000 of that would have been taken from the Police department. Fortunately saner minds prevailed and the police budget wasn't cut so we can expect more police to be available once they get through the academy.

261 agree | 282 disagree
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8:58 PM MST on Tue., Jul. 31, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

Examiner Reader said:
The blame is Mayor G Newson, Police Commission, and the Command Staff. The rank and file are hard working men and woman. Period.... Tom Del Torre

310 agree | 274 disagree
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8:07 PM MST on Tue., Jul. 31, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

Examiner Reader said:
there have been shootings recently , and other crimes where the foot beats have been nearby (close enough to hear the shots) but the suspects got away cause the cops were on foot. I know many officers who have never walked a foot beat but sometime they get the information on a crime before dispaych sets up the call. many times i can call them and find out what happened and why and by whom. walking a beat will not get you to now the community talking to them will. you can talk to them if you drive or walk. There are many who should think about changeing jobs or thier supervisor should stick a foot up thier butts to get them to do thier job . thats where the reforms need to be.

300 agree | 344 disagree
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7:34 PM MST on Tue., Jul. 31, 2007 re: "Garcia: S.F. politicians tell cops to 'walk the line'"

Examiner Reader said:
out of the