Statement of Commissioner Orson Swindle
I support the unfairness allegation as it relates to underage drinking in Count I of the complaint and the means and instrumentalities deception allegation in Count II. I have strong reservations about Count I's allegation of unfairness in relation to identity theft, however. I believe that the strongest legal basis for reaching this type of activity is the allegation in Count II that the defendant, by providing templates to create false identification documents, provided the menas and instrumentalities for the commission of the deceptive act of identity theft. It is therefore not necessary or appropriate to plead in Count I a weaker, more attenuated unfairness theory relating to identity theft.