Identity Theft...Should I proceed with subpoena?

Financial Planner stole my identity...?

Several years ago my financial planner was putting together my portfolio which included some stocks, annuities etc. that my parents were going to give me as a gift. Well, my father was out of the country and he told me that he wanted to be present when All of these gifts were switched from his name to mine. I fully understood and told the planner we'd need to wait. Well, when my father returned in 3 weeks I received a call from him and he was extremely upset. He asked how I had taken nearly $75,000 from his stock/annuity accounts without respecting his wishes to be present.

I had no answer and I called my planner to ask him. Only to find that she said that she just went ahead and took care of it as she had my fathers information (bank numbers/passwords and SSN).

Well, my father was furious but he calmed down and it was excused.

Now to 2009.......my husband and I have decided to divorce and to be honest, it's getting quite ugly as we are not agreeing on asset distribution. Well, the other day I was going through some financials with the paralegal at my lawyers office and there is a large sum of money (about $50,000) that is unaccounted for. I was sure that the planner (yes, we both still use her) had just moved it and it would all make sense. Then I called a credit card company only to find out that the account (in my name) had been canceled. OK, now something is wrong.

Well, I have our cell phones in my name (5 of them- me and my husband and 3 kids). All are in MY name and I called to see if we had gone over on our plan (thanks to the kids) and I learned that my bill was about $35 less than normal. This made no sense so I looked further and the person at the cell company explained that "I" had called in last month and asked to have one of the phones (husbands) placed into a new account and that I had lost rights to this phone. The representative explained that the call was recorded and it could be proven. Well, I knew exactly what had happened. They were able to tell me the date and time when "I" had called in and guess who my husband was with at that exact time/date...yep, our financial planner who I had watched first hand lie to multiple banks and even an insurance company claiming to be someone she was not. Don't misunderstand, I saw nothing wrong with what he was doing as it was usually just her calling claiming to be me at my request since I didn't want to go throught the hassles. Now, it's painfully obvious that she is steering my husband throughout this divorce behind my back.

Is it worth my time to subpoena for this digitally recorded phone call which I feel 100% certain will show who the real "ME" is using my personal data (SSN etc.). No, in the big scheme of things losing this number is no biggie, however, it is obvious to me that this once trusted friend (professional) sees where she can benefit most by aiding my husband throughout this divorce process and she's willing to do this to make it happen.

I don't want her in trouble with the law as I just don't operate that way. However, if my lawyer gets this record and it's clearly her, what are the different scenarios that could happen?

It is possible that it's my daughter and if that's the case then I'll just laugh but if it's someone outside of my family I have a very big problem with that.

Thank you in advance!

Pat