"(2) the term 'produce' includes alter, authenticate, or assemble;
"(3) the term 'document-making implement' means any implement or impression specially designed or primarily used for making an identification document, a false identification document, or another document-making implement;
"(4) the term 'personal identification card' means an identification document issued by a State or local government solely for the purpose of identification; and
"(5) the term 'State' includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession or territory of the United States."
Subsec. (f). Pub.L. 105-318, § 3(e), added subsec. (f).
Subsec. (g). Pub.L. 105-318, § 3(f), added subsec. (g).
Subsec. (h). Pub.L. 105-318, § 3(g), added subsec. (h).
1996 Amendments. Subsec. (a)(4). Pub.L. 104-294, § 601(p), struck out "or" following "the United States;".
Subsec. (a)(5). Pub.L. 104-294, § 601(p), inserted "or" following "will be so used;".
Subsec. (b)(1). Pub.L. 104-294, § 601(a)(3), substituted "fine under this title" for "fine of under this title".
Pub.L. 104-208, § 211(a)(1)(A), inserted reference to pars. (3) and (4) and substituted "15 years" for "five years".
Subsec. (b)(2). Pub.L. 104-294, § 601(a)(3), substituted "fine under this title" for "fine of under this title".
Pub.L. 104-208, § 211(a)(1)(B), inserted reference to pars. (3) and (4).
Subsec. (b)(3). Pub.L. 104-294, § 601(a)(3), substituted "fine under this title" for "fine of under this title".
Subsec. (b)(3) to (5). Pub.L. 104-208, § 211(a)(1)(C), (D), added pars. (3) and (4). Former par. (3) was redesignated (5).
1994 Amendments. Subsec. (b)(3). Pub.L. 103-322, § 330016(1)(K), substituted "under this title" for "not more than $5,000" wherever appearing.
Pub.L. 103-322, § 330016(1)(M), substituted "under this title" for "not more than $15,000".
Pub.L. 103-322, § 330016(1)(O), substituted "under this title" for "not more than $25,000" wherever appearing.
1990 Amendments. Subsec. (d)(5). Pub.L. 101-647 inserted "commonwealth," before "possession or territory of the United States".
1988 Amendments. Subsec. (a)(6). Pub.L. 100-690 inserted "knowingly" before "possesses" and substituted "without lawful authority" for "without authority" and "without such authority" for "without authority".
1986 Amendments. Subsec. (e). Pub.L. 99-646 substituted "chapter 224 of this title" for "title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481)".
Effective and Applicability Provisions
2004 Acts. Notwithstanding any other provision of Pub.L. 108-458, Pub.L. 108-458, Title VII, Subtitle B (§ § 7201 to 7220), to take effect on Dec. 17, 2004, see Pub.L. 108-458, § 7219, which is set out as a note under 8 U.S.C.A. § 1202.
2000 Acts. Pub.L. 106-578, § 5, Dec. 28, 2000, 114 Stat. 3077, provided that: "This Act and the amendments made by this Act [amending this section, repealing section 1738 of this title, and enacting provisions set out as notes under this section] shall take effect 90 days after the date of enactment of this Act [Dec. 28, 2000]."
1996 Acts. Section 211(c) of Div. C of Pub.L. 104-208 provided that: "This section and the amendments made by this section [amending subsec. (b) of this section and sections 1425, 1426, 1427, 1541, 1542, 1543, 1544, and 1546 of this title and enacting a provision set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] shall apply with respect to offenses occurring on or after the date of the enactment of this Act [Sept. 30, 1996]."
Severability of Provisions
If any provision of Division C of Pub.L. 104-208 or the application of such provision to any person or circumstances is held to be unconstitutional, the remainder of Division C of Pub.L. 104-208 and the application of the provisions of Division C of Pub.L. 104-208 to any person or circumstance not to be affected thereby, see section 1(e) of Pub.L. 104-208, set out as a note under section 1101 of Title 8, Aliens and Nationality.
Coordinating Committee on False Identification
Pub.L. 106-578, § 2, Dec. 28, 2000, 114 Stat. 3075, provided that:
"(a) In general.--The Attorney General and the Secretary of the Treasury shall establish a coordinating committee to ensure, through existing interagency task forces or other means, that the creation and distribution of false identification documents (as defined in section 1028(d)(3) of title 18, United States Code, as added by section 3(2) of this Act [Pub.L. 106-578, § 3(2), Dec. 28, 2000, 114 Stat. 3075]) is vigorously investigated and prosecuted.
"(b) Membership.--The coordinating committee shall consist of the Director of the United States Secret Service, the Director of the Federal Bureau of Investigation, the Attorney General, the Commissioner of Social Security, and the Commissioner of Immigration and Naturalization, or their respective designees.
"(c) Term.--The coordinating committee shall terminate 2 years after the effective date of this Act [For effective date provisions see Pub.L. 106- 578, § 5, Dec. 28, 2000, 114 Stat. 1077, set out as a note under this section.].
"(1) In general.--The Attorney General and the Secretary of the Treasury, at the end of each year of the existence of the committee, shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the activities of the committee.
"(2) Contents.--The report referred to in paragraph (1) shall include--
"(A) the total number of indictments and informations, guilty pleas, convictions, and acquittals resulting from the investigation and prosecution of the creation and distribution of false identification documents during the preceding year;
"(B) identification of the Federal judicial districts in which the indictments and informations were filed, and in which the subsequent guilty pleas, convictions, and acquittals occurred;
"(C) specification of the Federal statutes utilized for prosecution;
"(D) a brief factual description of significant investigations and prosecutions;
"(E) specification of the sentence imposed as a result of each guilty plea and conviction; and
"(F) recommendations, if any, for legislative changes that could facilitate more effective investigation and prosecution of the creation and distribution of false identification documents."
[Amendment by Pub.L. 106-578, § 2, effective 90 days after December 28, 2000, see Pub.L. 106-578, § 5, set out as a note under this section.]
[For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see 6 U.S.C.A. § § 381, 551(d), 552(d) and 557, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under 6 U.S.C.A. § 542.]
[For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under 8 U.S.C.A. § 1551].
Constitutional Authority to Enact Identity Theft and Assumption Deterrence Act of 1998
Pub.L. 105-318, § 2, Oct. 30, 1998, 112 Stat. 3007, provided that: "The constitutional authority upon which this Act [Identity Theft and Assumption Deterrence Act of 1998, Pub.L. 105-318, Oct. 30, 1998, 112 Stat. 3007, for complete classification of which, see Tables] rests is the power of Congress to regulate commerce with foreign nations and among the several States, and the authority to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States or in any department or officer thereof, as set forth in article I, section 8 of the United States Constitution."
Centralized Complaint and Consumer Education Service for Victims of Identity Theft
Pub.L. 105-318, § 5, Oct. 30, 1998, 112 Stat. 3010, provided that:
"(a) In general.--Not later than 1 year after the date of enactment of this Act [Oct. 30, 1998], the Federal Trade Commission shall establish procedures to--
"(1) log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that 1 or more of their means of identification (as defined in section 1028 of title 18, United States Code, as amended by this Act [Identity Theft and Assumption Deterrence Act of 1998, Pub.L. 105-318, Oct. 30, 1998, 112 Stat. 3007, for complete classification of which, see Tables]) have been assumed, stolen, or otherwise unlawfully acquired in violation of section 1028 of title 18, United States Code, as amended by this Act;
"(2) provide informational materials to individuals described in paragraph (1); and
"(3) refer complaints described in paragraph (1) to appropriate entities, which may include referral to--
"(A) the 3 major national consumer reporting agencies; and
"(B) appropriate law enforcement agencies for potential law enforcement action.
"(b) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section."
Fraud and Related Activity in Connection With Identification Documents
Pub.L. 98-473, Title II, § 609L, Oct. 12, 1984, 98 Stat. 2103, provided that:
"(a) For purposes of section 1028 of title 18, United States Code, [this section], to the maximum extent feasible, personal descriptors or identifiers utilized in identification documents, as defined in such section, shall utilize common descriptive terms and formats designed to--
"(1) reduce the redundancy and duplication of identification systems by providing information which can be utilized by the maximum number of authorities, and
"(2) facilitate positive identification of bona fide holders of identification documents.
"(b) The President shall, no later than 3 years after the date of enactment of this Act [Oct. 12, 1984], and after consultation with Federal, State, local, and international issuing authorities, and concerned groups make recommendations [sic] to the Congress for the enactment of comprehensive legislation on Federal identification systems. Such legislation shall--
"(1) give due consideration to protecting the privacy of persons who are the subject of any identification system,
"(2) recommend appropriate civil and criminal sanctions for the misuse or unauthorized disclosure of personal identification information, and
"(3) make recommendations providing for the exchange of personal identification information as authorized by Federal or State law or Executive order of the President or the chief executive officer of any of the several States."
Criminal forfeiture of any property real or personal for passport and visa related offenses, see 18 USCA § 982.
Enhanced penalties for telemarketing fraud, see 18 USCA § 2326.
"Identification document" defined as in this section for purposes of--
Brady Handgun Control, see 18 USCA § 922.
National child protection background checks, see 42 USCA § 5119a.
FEDERAL SENTENCING GUIDELINES
See Federal Sentencing Guidelines § § 2F1.1, 2L2.1, 2L2.2, 18 USCA.
LAW REVIEW COMMENTARIES
After billions spent to comply with HIPAA and GLBA privacy provisions, why is identity theft the most prevalent crime in America? Note, 49 Vill. L. Rev. 625 (2004).
Data rape: Assault by an unknown predator--The Supreme Court went wrong in TRW, Inc. v. Andrews. Latasha D. McDade, 45 S.Tex.L.Rev. 395 (Spring 2004).
Privacy planning: Putting the privacy statutes to work for you. Janice A. Alwin, 14 DePaul Bus. L.J. 353 (2002).
Someone out there is using your name: a basic primer on federal identity theft law. Stephen F. Miller, 50 Fed.Law. 11 (2003).
American Digest System
Corpus Juris Secundum
CJS Aliens § 1664, Documents Included in Offenses.
CJS Forgery § 31, Miscellaneous Instruments.
CJS Forgery § 37, Possession of False Identification Documents.
4 ALR, Fed. 2nd Series 365, Legal and Procedural Issues in Prosecutions Under Federal Statutes Relating to Offense of Identity Theft.
186 ALR, Fed. 147, Construction and Application of Federal Domestic Terrorism Sentencing Enhancement, U.S.S.G. § 3a1.4.
185 ALR, Fed. 493, Construction and Operation of "Willfulness" Requirement of U.S.S.G., § 3c1.1, Pertaining to Obstructing or Impeding the Administration of Justice.
121 ALR, Fed. 323, Increase in Base Offense Level Under Sentencing Guidelines § 3B1.3 (U.S.S.G. § 3B1.3) for Abuse of Position of Public or Private Trust Significantly Facilitating Commission or Concealment Of...
81 ALR, Fed. 331, What Circumstances Fall Within "Inevitable Discovery" Exception to Rule Precluding Admission, in Criminal Case, of Evidence Obtained in Violation of Federal Constitution.
75 ALR 4th 1067, What Constitutes a Public Record or Document Within Statute Making Falsification, Forgery, Mutilation, Removal, or Other Misuse Thereof an Offense.
31 ALR 3rd 565, What Constitutes "Custodial Interrogation" Within Rule of Miranda v Arizona Requiring that Suspect be Informed of His Federal Constitutional Rights Before Custodial Interrogation.
9 ALR 3rd 462, Comment Note.--When Criminal Case Becomes Moot So as to Preclude Review of or Attack on Conviction or Sentence.
9 ALR 3rd 858, Validity of Consent to Search Given by One in Custody of Officers.
174 ALR 1300, Invalid Instrument as Subject of Forgery.
164 ALR 621, Presumptions and Inferences in Criminal Cases from Unexplained Possession or Uttering of Forged Paper.
113 ALR 1179, What Amounts to Conviction or Satisfies Requirement as to Showing of Conviction, Within Statute Making Conviction a Ground for Refusing to Grant or for Canceling License or Special Privilege.
68 ALR 187, Possession of Recently Stolen Goods by One Charged With Receiving Them as Evidence on Question of Guilty Knowledge.
53 Am. Jur. Proof of Facts 3d 1, Proof of Abuse, Neglect or Exploitation of Older Persons.
74 Am. Jur. Proof of Facts 3d 63, Scams and Cons.
81 Am. Jur. Proof of Facts 3d 113, Identity Theft and Other Misuses of Credit and Debit Cards.
Am. Jur. 2d Aliens and Citizens § 7, Deterrence of Document Fraud.
Am. Jur. 2d Aliens and Citizens § 2697, Documents Included in Offenses.
Am. Jur. 2d False Pretenses § 87, Other Criminal Conduct With Respect to False Claims Against United States.
Am. Jur. 2d Fraud and Deceit § 19, Legislation; Provisions Against Fraud.
Am. Jur. 2d Fraud and Deceit § 47, False Identification or Impersonation; Forgery.
Am. Jur. 2d NTS, Computers and the Internet § 94, Fraud and Related Activity in Connection With Identification Documents, Authentication Features, and Information.
Am. Jur. 2d Receiving and Transporting Stolen Property § 35, Transfer or Possession of Stolen Identification Documents.
Am. Jur. 2d Social Security and Medicare § 1380, Criminal Violations.
Federal Procedural Forms § 40:706, Mandated Participation in Verification Process.
Treatises and Practice Aids
Bankruptcy Service Lawyers Edition § 12:1138, Legislative History.
Federal Procedure, Lawyers Edition § 22:250, Offenses for Which Interception May be Authorized.
Federal Procedure, Lawyers Edition § 22:1685, Money Laundering Cases; Fraudulent Use of Financial Institutions.
Federal Procedure, Lawyers Edition § 22:1687, Immigration, Passport, and Visa Violations.
Federal Procedure, Lawyers Edition § 22:1689, Telemarketing Fraud.
Federal Procedure, Lawyers Edition § 45:2288, Overview.
Immigration Employment Compliance Handbook § 9:1, Statutory Authority and CFR.
Immigration Law and Business § 6:20, Criminal and Related Grounds -- Immigration Document Fraud.
Immigration Law and Crimes § 6:2, Moral Turpitude -- Defined.
Immigration Law and Crimes App C, Appendix C. Selected Model Pleadings.
Immigration Law and Crimes § 5:24, Substantive Requirements -- Reentry After Aggravated Felony Conviction.
Immigration Law and Defense § 12:32, Verification of Authorization to Work Required for All Employees Hired, Recruited, or Referred for a Fee -- Limitation on Use of Form I-9.
Immigration Law Service 2d § 1:30, Illegal Immigration Reform and Immigrant Responsibility Act of 1996 -- Title II: Additional Enforcement Issues.
Immigration Law Service 2d § 12:15, Overview.
Immigration Law Service 2d PSD FAM 1432, Fam 1432 Authorities.
Immigration Law Service 2d PSD FAM 1318.3, Fam 1318.3. Fraud Statutes.
Immigration Law Service 2d PSD INA § 274A, Unlawful Employment of Aliens.
Immigration Law Service 2d PSD 8 CFR § 274A.2, Verification of Employment Eligibility.
Immigration Law Service 2d PSD 8 CFR § 1274A.2, Verification of Employment Eligibility.
Norton Bankruptcy Law and Practice 2d § 15:2, Protective Orders.
Norton Bankruptcy Law and Practice 2d 11 USC § 107, Public Access to Papers.
Securities Crimes App 56, Sentencing Guidelines.
Social Security Law and Practice § 12:10, Criminal Violations.
West's Federal Administrative Practice § 3305, Federal Laws Enforced by the FTC-Consumer Protection.
NOTES OF DECISIONS
Admissibility of evidence 11
Discipline of attorneys 9
Identification documents 4
Interstate commerce 2
Knowledge or intent 6
Possession of document-making implements 8
Private cause of action 13
Social security cards 5
State law 3
Unlawfulness of intended use 7
Weight and sufficiency of evidence 12
For purposes of crime of knowing transfer of stolen or false identification documents, statute defining "identification document" as "document made or issued by or under the authority of the United States Government * * * which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals" was not unconstitutionally overbroad or vague. U.S. v. Quinteros, C.A.4 (Va.) 1985, 769 F.2d 968. Forgery 2; Receiving Stolen Goods 1
Even if defendant's subjective fear of police could, under extreme circumstances, excuse failure to contact the authorities, for purposes of a duress claim, defendant's conclusory allegations regarding police conduct toward minorities in community were totally inadequate to establish claim that he produced numerous false Social Security cards under duress, such that his conviction for producing false Social Security cards violated his due process rights. U.S. v. Massey, C.A.2 (N.Y.) 2003, 2003 WL 1720064, Unreported. Criminal Law 38
2. Interstate commerce
Under plain language of statute prohibiting fraud in relation to identification documents, government only needs to prove that defendants possessed single document-making implement in or affecting interstate commerce. U.S. v. Pearce, C.A.4 (N.C.) 1995, 65 F.3d 22. Forgery 17
Evidence that defendants possessed various document-making implements, which were made in other state and countries, and possessed identification cards from three other states was sufficient to establish that unlawful activity was "in or affecting interstate commerce," for purpose of conviction for violating statute which prohibited fraud in connection with identification documents. U.S. v. Pearce, C.A.4 (N.C.) 1995, 65 F.3d 22. Forgery 44(.5)
3. State law
Defendant may be convicted of using false identification document within intent to defraud United States, within meaning of federal criminal statute, though defendant's conduct does not violate local, state or federal law; violation of such law is not necessary element of statutory offense. U.S. v. McCormick, C.A.9 (Nev.) 1995, 72 F.3d 1404. Forgery 5
4. Identification documents
Defendant's prior conviction for grand theft, premised on use of threats in attempt to misappropriate saving bonds from two elderly women, provided sufficient basis for upward departure under Sentencing Guidelines provision governing underrepresentation of criminal history category and likelihood of recidivism, when sentencing defendant for access device fraud and identity theft. U.S. v. Morris, C.A.2 (Conn.) 2003, 350 F.3d 32, post-conviction relief denied 2005 WL 80881. Sentencing And Punishment 830; Sentencing And Punishment 841
District court's error in sentencing defendant to a term of imprisonment of 189 months, in excess of the statutory maximum of thirty six months, for fraud in connection with an identification document, affected defendant's substantial rights, and thus was plain error. U.S. v. Villarreal, C.A.5 (Tex.) 2001, 253 F.3d 831. Criminal Law 1042
Within statute defining proscribed document-making implement as any implement or impression primarily used for making an identification document or false identification document, "primarily used" refers defendant's primary use of the item in question, not its general usage by the public. U.S. v. Cabrera, C.A.1 (R.I.) 2000, 208 F.3d 309. False Personation 2
Blank, incomplete identification documents came within the statutory definition of "identification document" for purposes of statute describing offense of fraud in connection with identification documents. U.S. v. Castellanos, C.A.7 (Ill.) 1999, 165 F.3d 1129. Forgery 7(1)
Nonimmigrant visa was not identification document under statute barring possession of instruments that can be used to make false identification documents; visa only identifies someone as eligible to enter United States without identifying bearer. U.S. v. Hammoude, C.A.D.C.1995, 51 F.3d 288, 311 U.S.App.D.C. 145, certiorari denied 115 S.Ct. 2290, 515 U.S. 1128, 132 L.Ed.2d 291. Forgery 17
Possession of credentials appearing to be those of Drug Enforcement Administration (DEA) supported conviction on false credentials charge, even if identification document was contained in leather cover bearing defunct agency's seal and even if statute required that identification document purport to be that of existing agency. U.S. v. Canan, C.A.6 (Ky.) 1995, 48 F.3d 954, rehearing and suggestion for rehearing en banc denied, certiorari denied 116 S.Ct. 716, 516 U.S. 1050, 133 L.Ed.2d 670. Forgery 7(1)
Cards devoid of any name or social security account number, which contained liberty bell which never appeared on social security cards, were not "identification documents" as defined by statute prohibiting possession of identification document of United States which is stolen or produced without authority. U.S. v. Gros, C.A.6 (Ohio) 1987, 824 F.2d 1487. Forgery 7(1); Receiving Stolen Goods 4
Form I-94 Department of Justice arrival-departure record is an "identification document" for purposes of statute prohibiting identification document produced without authority. U.S. v. Pahlavani, C.A.4 (Va.) 1986, 802 F.2d 1505. Forgery 7(1)
Defendants charged with various violations of Immigration and Nationality Act (INA) relating to alleged activities involving illegal aliens, including illegal encouragement, harbor, and transport of aliens into and within United States, were entitled prior to trial to know identity of each alien at issue in each count so that defendants could interpose plea of double jeopardy in any subsequent prosecution, although government was required to prove illegal conduct with respect to only one alien in order to prove offenses charged. U.S. v. Calhelha, D.Conn.2006, 456 F.Supp.2d 350. Indictment And Information 121.2(1)
In their sentencing for production of fraudulent identification documents, defendants were not entitled to variance from applicable sentencing guidelines range based on disparity caused by absence in the district of a fast-track program for illegal reentry offenses, since defendants were convicted of production of fraudulent identification documents, rather than of illegal reentry. U.S. v. Hernandez-Montealegre, E.D.Va.2006, 445 F.Supp.2d 646. Sentencing And Punishment 870
Dismissal of indictment count charging alien with being "found" in United States without permission following deportation, on grounds that alien was stopped while attempting to enter country, did not mandate dismissal of count charging alien with using identification means of another person in violation of statute prohibiting unauthorized reentry following deportation; there were two other ways to violate reentry statute, by entering country, or attempting to enter, which remained unaffected and available as predicate offenses despite dismissal. U.S. v. Crounsset, E.D.Va.2005, 403 F.Supp.2d 475. Aliens 56
Indictment charging defendant with conspiring to transfer false identification document and of embezzling, stealing, or converting government property, that described defendant's acceptance of payment from confidential informant (CI) on particular day both as part of conspiracy to transfer false identification and as theft, was inconsistent, and, therefore, defective, since the two allegations were mutually exclusive; if defendant meant to provide CI with fraudulent license, he was not converting his payment, and vice versa. U.S. v. Conde, S.D.N.Y.2003, 309 F.Supp.2d 510. Indictment And Information 125(3)
Police officers had probable cause to arrest suspect for federal crime of fraud in connection with identification documents, where suspect admitted that identification he produced at officers' request was fake and that there were additional pieces of fake identification in his apartment. U.S. v. Mendoza, N.D.Ill.2001, 157 F.Supp.2d 935. Arrest 63.4(15)
For purposes of statute prohibiting fraud and related activity in connection with identification documents, "identification document" is an authentic or real document issued by some governmental body and a "false identification document" is inter alia a document procured by false statements or fraud and also may be a nonauthentic document. U.S. v. Smith, D.Or.1988, 685 F.Supp. 1523, affirmed in part, reversed in part on other grounds 876 F.2d 898, certiorari denied 110 S.Ct. 194, 493 U.S. 869, 107 L.Ed.2d 149. False Pretenses 6; Forgery 7(1)
5. Social security cards
Social Security cards were "identification documents" under federal criminal statute prohibiting knowing transfer of stolen or false identification documents; evidence showed that Social Security cards were commonly used for identification purposes. U.S. v. Quinteros, C.A.4 (Va.) 1985, 769 F.2d 968. Forgery 7(1); Receiving Stolen Goods 1
6. Knowledge or intent
Act is done "knowingly," for purposes of statute prohibiting fraud and related activity in connection with identification documents, if it is done voluntarily and intentionally rather than by mistake, accident or other innocent reason. U.S. v. Smith, D.Or.1988, 685 F.Supp. 1523, affirmed in part, reversed in part 876 F.2d 898, certiorari denied 110 S.Ct. 194, 493 U.S. 869, 107 L.Ed.2d 149. False Pretenses 5
7. Unlawfulness of intended use
Sentence enhancement for defendant's use of means of identification (ID) to produce or obtain another means of identification applied where defendant used stolen Social Security numbers to manufacture bogus identification documents in his own name or name of fictitious individual; requirement for enhancement that both source ID numbers and produced ID numbers be of actual, not fictitious, persons other than defendant himself did not require use, in produced document, of actual names of persons to whom Social Security numbers were assigned. U.S. v. Melendrez, C.A.9 (Or.) 2004, 389 F.3d 829. Sentencing And Punishment 689
Defendant, whose position as a home health aide gave her continuous access to the homes of her elderly and mentally disabled victims, and relatively unsupervised discretion over their daily care, qualified for two-level enhancement in her base offense level, due to abuse of position of trust, when sentencing defendant for access device fraud and identity theft premised on her acts of obtaining personal information from three patients and using the information to open unauthorized credit card accounts. U.S. v. Morris, C.A.2 (Conn.) 2003, 350 F.3d 32, post-conviction relief denied 2005 WL 80881. Sentencing And Punishment 758
Parole violation is a violation of New York law, and thus defendant's alleged unlawful use of identification, which constituted parole violation, could establish element of intent to use "unlawfully" in charge of knowingly possessing with intent to use unlawfully five or more identification documents. U.S. v. Chandler, C.A.2 (N.Y.) 1996, 98 F.3d 711. Forgery 35
To enable jury to conclude that defendant intended to use false identifications unlawfully, as required to convict defendant for knowingly possessing with intent to use unlawfully five or more false identification documents, government is required to establish uses to which defendant intended to put false identifications and that those intended uses would violate one or more federal, state, or local laws. U.S. v. Rohn, C.A.4 (Md.) 1992, 964 F.2d 310. Forgery 17
Charges against defendants were sufficiently clear, and not impermissibly vague, under statute that prohibited transfer of identification document, authentication feature, or false identification document knowing that such document or feature was stolen or produced without lawful authority, where indictment tracked language of statute and alleged transfer of falsified documents covered by statute, and investigative reports provided to defendants identified aliens who bought documents from one defendant, and government obtained copies of all such claimed documents and produced them to defendants. U.S. v. Calhelha, D.Conn.2006, 456 F.Supp.2d 350. Forgery 26
Government established that alien attempted to use means of identification of actual person, to gain illegal reentry into United States following deportation; when official entered number on alien's temporary green card stamp into computer base, records were produced for person with same name given by alien, who was shown to be different through fingerprint comparisons. U.S. v. Crounsset, E.D.Va.2005, 403 F.Supp.2d 475. Aliens 56
8. Possession of document-making implements
Defendant violated statute prohibiting fraud and related activity in connection with identification documents, by possessing document-making implements which would be used in production of false identification document by possessing Texas seal, two blank Rhode Island birth certificates, blank New Jersey driver's license, two blank Social Security cards and blank chauffeur's license form, and by possessing identification document that appeared to be identification document of United States which was stolen or produced without authority knowing that such document was stolen or produced without authority by her possession of blank Social Security card. U.S. v. Smith, D.Or.1988, 685 F.Supp. 1523, affirmed in part, reversed in part 876 F.2d 898, certiorari denied 110 S.Ct. 194, 493 U.S. 869, 107 L.Ed.2d 149. Forgery 4; Forgery 17
9. Discipline of attorneys
One-year suspension is appropriate sanction for attorney who is convicted of aiding and abetting in possession and use of identification document in order to fraudulently obtain passport, not involving moral turpitude. In re McBride, D.C.1994, 642 A.2d 1270. Attorney And Client 58
General unanimity charge instructing jury that it had to return unanimous verdict was sufficient with respect to charge of knowingly possessing and using false identification documents; trial court was not required to provide specific unanimity charge that all jurors had to agree on particular theory of how defendant violated law. U.S. v. Chandler, C.A.2 (N.Y.) 1996, 98 F.3d 711. Criminal Law 798(.5)
Defendant was not entitled to venue instruction in prosecution for unlawful production and transfer of false identification documents, as defendant did not interpose question in timely fashion; any asserted defects in venue were apparent to defendant at time defendant entered into stipulation that waived venue issue. U.S. v. Sutton, C.A.2 (N.Y.) 1994, 13 F.3d 595. Criminal Law 145
In prosecution for knowingly possessing with intent to use unlawfully five or more false identification documents, citation to jury of particular law which defendant's intended uses of false identification documents would have violated was required; unlawfulness was determined not by reference to abstract notions of right and wrong, but by standards prescribed by appropriate lawmaking bodies, and to demonstrate unlawfulness, jury had to be instructed that particular conduct would have violated specific law. U.S. v. Rohn, C.A.4 (Md.) 1992, 964 F.2d 310. Forgery 48
11. Admissibility of evidence
Defendant was not in custody for purposes of Miranda warnings during the search of his home, and thus statements defendant made to agents during the search of the home were admissible in defendant's prosecution for attempted possession of five or more false identification documents with the intent unlawfully to use and transfer them, where the agents informed the defendant and his wife that they were not under arrest and could ask the agents to leave at any time. U.S. v. Badmus, C.A.2 (N.Y.) 2003, 325 F.3d 133. Criminal Law 412.2(2)
Any incidental prejudice suffered by defendant charged under federal statute with making false identification cards as result of evidence that defendant's activities violated Illinois law as well as federal law did not require mistrial, where any prejudice was outweighed by probative value of state employee's testimony on element of government's case. U.S. v. Bell, C.A.7 (Ill.) 1992, 980 F.2d 1095. Criminal Law 867
Prosecution was not required to provide information, that it possessed on aliens' immigration status and nature of each alien's legal relationship with United States, to defendants charged with illegal encouragement, harbor, and transport of aliens into and within United States, since such information sought evidentiary material or information about government's legal theories, government was otherwise required to disclose identity of all aliens at issue with regard to each particular count, and defendants' trial preparation did not depend on government supplying such information. U.S. v. Calhelha, D.Conn.2006, 456 F.Supp.2d 350. Indictment And Information 121.2(1)
Although it was not clear that Immigration and Naturalization Service agents had actual authority to execute warrant to search for evidence of violation of this section, exclusionary rule did not bar use of evidence obtained during search where there was no evidence of inaccuracy, much less falsehood, in affidavit submitted to magistrate in support of warrant, there was no evidence that agents or magistrate were aware of any uncertainty as to authority to search and warrant conformed to all requirements but for circumstance that officer to whom it was directed was, perhaps, not "authorized to enforce" statute involved. U.S. v. Segovia-Melgar, D.C.D.C.1984, 595 F.Supp. 753. Criminal Law 394.4(5.1)
12. Weight and sufficiency of evidence
Jury's finding that alleged conspirator possessed requisite knowledge of conspiracy to commit identification and Social Security fraud, and knowingly participated therein, was sufficiently supported by evidence, notwithstanding numerous problems with testimony of coconspirator who testified against him, where this coconspirator's testimony was corroborated by testimony of alleged conspirator's roommate, who testified that alleged conspirator helped him to illegally obtain a Social Security card. U.S. v. Ndiaye, C.A.11 (Ga.) 2006, 434 F.3d 1270, rehearing and rehearing en banc denied 2006 WL 644011, petition for certiorari filed 2006 WL 1583504. Conspiracy 47(6)
Evidence that defendant possessed 108 counterfeit birth certificates, which he transported from Peru to the United States, that he secreted certificates in newspaper, and that he knew certificates could be used unlawfully to obtain driver's licenses, which produced $200-$300 per certificate, was sufficient to establish that defendant had willful intent to transfer certificates unlawfully, to support conviction of possession with intent to transfer unlawfully five or more false identification documents, considering additionally defendant's false exculpatory statements at time of arrest and his discredited claim that he was working for FBI. U.S. v. Alejandro, C.A.11 (Fla.) 1997, 118 F.3d 1518. Forgery 44(1)
Evidence that both defendants had constructive, if not actual, possession of residence and rental car in which document-making implements were found was sufficient to sustain convictions for violating statute which prohibited fraud in connection with identification documents. U.S. v. Pearce, C.A.4 (N.C.) 1995, 65 F.3d 22. Forgery 44(.5)
Government's proposed inference that defendant intended unlawful uses of multiple false identification documents which she possessed as there were no possible lawful uses for false identifications was not sufficient to establish that defendant's intended uses of false identifications would violate federal, state, or local laws, so as to permit conviction for knowingly possessing with intent to use unlawfully five or more false identification documents. U.S. v. Rohn, C.A.4 (Md.) 1992, 964 F.2d 310. Forgery 44(1)
Evidence that defendant participated in venture that submitted fraudulent tax returns for over three years, supplied nearly half of the identities used by the venture, and had a financial stake in its success was sufficient to support conviction for aiding and abetting identity fraud. U.S. v. Harrison, C.A.2 (N.Y.) 2006, 175 Fed.Appx. 386, 2006 WL 897752, Unreported. False Pretenses 49(1)
Evidence at trial for conspiring to create and creating false identification cards was sufficient to support finding that license recipients were not entitled to state drivers' licenses; government presented documents and testimony showing that defendant's co-conspirator provided non-state residents with phony documents and encouraged them to proffer a false in-state address so they could impersonate state residents and thereby obtain identification cards restricted to state residents, and government presented evidence that defendant aided and abetted that conduct by advertising in a newspaper that he could help people to obtain driver's licenses, collecting large fees from those who sought his help, and sending them to his co-conspirator. U.S. v. Proshin, C.A.2 (N.Y.) 2006, 167 Fed.Appx. 285, 2006 WL 356099, Unreported. Conspiracy 47(3.1)
Evidence that defendant used false commercial driver's license was sufficient to establish beyond a reasonable doubt that he was attempting to evade immigration and labor laws prohibiting foreign nationals remaining and working in the United States without specific permission, in prosecution for possessing a false identification document with the intent to defraud. U.S. v. Remache-Garcia, C.A.3 (Pa.) 2004, 102 Fed.Appx. 761, 2004 WL 1530357, Unreported. Forgery 44(1)
13. Private cause of action
No private cause of action is implied under criminal fraud statutes. Garay v. U.S. Bancorp, E.D.N.Y.2004, 303 F.Supp.2d 299. Action 5
District court gave meaningful consideration to relevant statutory sentencing factors in imposing 44-month sentence for defendant's offense of unlawful use of means of identification of another with intent to commit a felony; court expressly mentioned the statutory sentencing factors, expressly acknowledged defendant's request for leniency and addressed his argument that a lighter sentence was appropriate because of his youth, and court emphasized defendant's long history of fraudulent criminal conduct and fact that defendant had been given second chance by courts over and over again. U.S. v. Dragon, C.A.3 (N.J.) 2006, 471 F.3d 501. Sentencing And Punishment 373
Defendant's completion of his sentence for knowingly producing without lawful authority false identification documents and his subsequent removal from the United states did not render moot his appeal of his sentence; the length of his sentence was material to the Attorney General's assessment of both the seriousness of his criminal conviction and the risk of harm to society posed by his admission, and, prevailing on appeal and receiving the potential to secure a reduced sentence would therefore substantially increase his chances of obtaining admission to the United States in the future. U.S. v. Hamdi, C.A.2 (N.Y.) 2005, 432 F.3d 115. Criminal Law 1134(3)
18 U.S.C.A. § 1028, 18 USCA § 1028
Current through P.L. 110-17 approved 04-09-07
Copr. © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.