On Wednesday, The New York Post posted an article about a man arrested for identity theft. Based on the information provided in the article, this should be a fairly simply case, but the case illustrates some of the flaws in our justice system.

The article is about Ricardo Cesar Guedes, 49, a Brazilian man who worked as a flight attendant for United Airlines for two decades. The problem is that Mr. Guedes worked under the name of William Ericson Ladd — an Atlanta boy who died in a Washington state car crash in 1979. Mr. Guedes stole the identity to avoid the paperwork and hassle involved in becoming an American citizen.

The article reports:

Ricardo Cesar Guedes, 49, is accused of stealing the identity of William Ericson Ladd — an Atlanta boy who died in a Washington state car crash in 1979 — to apply for a US passport in 1998 and renew it six times through 2020, according to a federal complaint.

Guedes, a native of Sao Paulo, then used the dead boy’s name while getting married and taking out a mortgage in Houston, according to the complaint, which lists his occupation as a flight attendant for United Airlines.

There is no record of him applying or receiving US citizenship through naturalization, according to the complaint.

…Ladd’s mother, Debra Lynn Hays, confirmed her son died to State Department investigators last July, according to the complaint charging Guedes with aggravated identity theft, making false statements on a passport application and other counts.

It is quite likely that Mr. Guedes will spend some time in prison, but let’s back up a minute and look at the larger picture. Had Mr. Guedes come into the country illegally through the southern border and simply stolen someone’s social security number, would there be charges? Does that fact that he acted responsibly for two decades while posing as a citizen count in his favor?