Fraud In Connection With Identification Documents – 18 USC Section 1028

United States federal law focuses on combating fraud and false statements in connection with identification documents, authentication features, and information. Violating this law can lead to serious consequences, including a long prison sentence. Below, George Law federal criminal defense lawyers provide an explanation of this offense and its legal implications.

Federal Law On Fraud And False Statements 

Production And Transfer Of False Identification Documents

18 USC Section 1028 criminalizes the production, transfer, or possession of false identification documents and authentication features. This includes documents that appear to be issued by a legitimate authority but are, in fact, falsified.

Identification Document

An “identification document” is a document created or issued by an official authority, like the federal. government, state governments, or foreign governments. This document, when filled with individual-specific information, is intended to be used or is generally accepted as a means to identify a person.

False Identification Document

A “false identification document” is a type of document that is usually accepted for identification purposes but has two key characteristics: First, it is either not issued by a legitimate governmental entity or was originally issued by one but was later altered deceitfully. Second, it appears to have been issued by a credible authority like the federal or state governments.

Authentication Feature

An “authentication feature” is a unique element like a hologram, watermark, special symbol, code, image, or a series of numbers or letters. This feature can be used alone or combined with other features. It’s placed on identification documents or tools used to make these documents by the authority that issues them. The purpose of this feature is to help verify if a document is authentic, altered, or fake.

Possession And Misuse Of Identification Documents

It is illegal to possess identification documents or authentication features with the intent to use them unlawfully. This includes possessing documents belonging to another person without lawful authority.

Trafficking And Unlawful Use

Trafficking in false identification documents and authentication features is a significant offense under this statute. Additionally, using someone else’s identification for unlawful activities is explicitly prohibited.

Punishment Scale Based On Offense Severity

The punishments vary depending on the nature and severity of the offense. They range from fines and imprisonment of up to 15 years for general offenses, to more severe penalties, like up to 30 years of imprisonment, for offenses connected to terrorism or violent crimes.

The law also covers attempts or conspiracies to commit these federal offenses, subjecting them to similar penalties as the primary offenses.

Key Defenses for 18 USC Section 1028

Lack Of Knowledge And Intent

One of the primary defenses revolves around the defendant’s knowledge and intent. The law requires that the individual knowingly engaged in illegal activities. Proving that the defendant was unaware that the documents were false or did not intend to use them unlawfully can be a valid defense.

Mistake Of Fact

This defense applies if the defendant genuinely believed that the documents were legitimate or had lawful authority to possess or use them. Demonstrating a mistake of fact can negate the element of intent required by the statute.

Absence Of Fraudulent Purpose

If a defense attorney can establish that the identification documents were not used or intended to be used for fraudulent purposes, this can be a compelling defense. The law specifically targets fraudulent activity, so proving a lack of fraudulent intent is significant.

Fraud In Connection With Identification Documents Frequently Asked Questions

What Are Examples Of Fraud And False Statements Concerning IDs?

Violations include producing, transferring, or possessing false identification documents, and using someone else’s identification unlawfully.

What Are The Potential Punishments For Offenses Under This Statute?

Penalties range from fines and imprisonment up to 15 years, escalating to 30 years in cases connected to terrorism or violent crimes.

Are There Exemptions Under This Law?

Yes, legally authorized activities by law enforcement and intelligence agencies are exempt to avoid hindering legitimate operations.

What About Attempts Or Conspiracies Related To These Offenses?

The statute also covers attempts and conspiracies, subjecting them to similar penalties as the primary offenses.

What Are Some Key Defenses Against 18 USC Section 1028 Charges?

Defenses could potentially include lack of knowledge and intent, mistake of fact, absence of fraudulent purpose. Other defenses may be available based on the unique facts of a case.

Contact George Law Federal Fraud Criminal Defense Lawyers

If you’re facing charges under 18 USC Section 1028 or another federal law relating to identity theft, you’ll want to speak with a criminal defense lawyer immediately. Contact federal fraud lawyers at George Law at (248) 247-7459 or reach us online for a consultation about your case and to explore your legal options. Our attorneys are ready to walk you through every step of the legal process.

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