Passport Fraud Defense Attorney

Passport Fraud Laws

Passport fraud refers to any illegal use or manipulation of passports with the intent to deceive or gain unlawful advantage. A passport is a crucial tool for identification and verification of citizenship, thus its forgery or improper use undermines the security of national borders and international travel.

Passport fraud is governed by various provisions of federal government – Title 18 of the United States Code, which establishes criminal liability for crimes related to passports and immigration. Most offences are punishable under sections 1541-1546 of Title 18 of the United States Code. Chapter 75, concerning passports and visas, includes the following criminal offences:

• Issuance without authority;
• False statements in the application and use of a passport;
• Forgery or false use of a passport;
• Misuse of a passport;
• Violation of safe conduct rules;
• Fraud and improper use of visas and other documents;
• Punishments for fraud with federal passports and visas.

Key articles:

• 18 U.S. Code § 1542 – Wilful provision of false information or false statements with the intent to obtain a passport;
• 18 U.S. Code § 1543 — Forgery, Counterfeiting, or Unlawful Use of a Passport;
• 18 U.S. Code § 1544 — Misuse of Passport; either by using someone else’s passport or by providing your own passport for use by another person.
• 18 U.S. Code § 1546 — Fraud and misuse of visas, permits, and other documents;
• 18 U.S. Code § 1028 – Production, sale, transfer, or possession of false identification documents.

False Statements to Get a Passport

Making false statements when applying for a passport involves providing incorrect information or concealing important facts. For an individual to be found guilty of this crime, the government must prove each of the following requirements:

1. The statement is false if it did not correspond to reality at the moment it was made.
2. A false statement is made intentionally and knowingly if you acted voluntarily, rather than by mistake or accident.
3. You have made a false statement with the intent of obtaining a passport for your own use or for use by another person.

Main forms of false statements:

• Using a fictitious name, providing an incorrect date of birth in order to conceal one’s real age or other circumstances;
• Providing false information about one’s place of birth for the purpose of changing nationality or other reasons;
• Using fake documents to verify identity or citizenship;
• Making amendments to official documents, such as marriage certificates, divorce decrees, or name change documents;
• Failure to provide information about previous convictions or current criminal cases;
• Concealing facts of previous passport denials or cancellations;
• Failure to provide information about holding citizenship of another country.
• Using someone else’s personal data without their consent to obtain a passport.

According to Article 18 of the U.S. Code § 1542, false statements regarding passports are punishable by substantial fines, the amount of which is determined by the court. Additionally, imprisonment for up to 10 years is possible. Passports obtained on the basis of false statements are subject to annulment.

What are the Penalties for Passport Fraud?

Passport fraud is governed by Title 18 of the United States Code, which establishes criminal liability for related offences.

• False statements regarding passports: imprisonment of up to 10 years, with fines for individuals reaching up to $250,000.
• Forgery or illegal use of a passport: imprisonment for up to 10 years, fines of up to $250,000 for individuals, with sentences potentially increasing to 25 years in the presence of aggravating circumstances.
• Unauthorised use of a passport: up to 5 years in federal prison, fine of up to $250,000;
• Fraud involving identity documents: imprisonment of up to 15 years, with harsher penalties for connections to terrorism, drug trafficking, or repeat offences.

According to federal law, the accused also face fines of up to $250,000 for each offence. In addition to the primary punishments, individuals convicted of passport fraud may encounter additional consequences: deportation, asset forfeiture, and probationary supervision.

Criminal Defense for Passport Fraud

To develop an effective defence strategy against accusations of visa and passport fraud, it is necessary to conduct a thorough analysis of the case circumstances. Let’s consider the most common defence methods:

1. Lack of intent: the accused provided incorrect information without the intention to deceive. It is necessary to provide evidence that the actions were not deliberate or conscious.
2. Insufficiency of evidence: the verification of the legality of the collected evidence, its authenticity, and admissibility in court. If the prosecution is based on circumstantial evidence or assumptions, this can be used for defence.
3. Coercion or deception: the accused committed actions under threat or coercion by third parties, was misled and did not realise the unlawful nature of their actions.
4. Alternative suspects: presenting evidence that the crime was committed by someone else, and the accused themselves became a victim of identity theft.
5. A plea bargain with the prosecution: reaching an agreement with the prosecution to reduce the sentence in exchange for pleading guilty to lesser charges. Providing information that helps solve other crimes.

Our international law firm has extensive experience in defending clients against passport or visa fraud charges. We offer a comprehensive approach based on a deep understanding of the legislation and the individual needs of each client.

Call Our Lawyers for Passport Crime Investigations

If you or your loved ones have been faced with accusations of passport and visa fraud, our passport fraud lawyer is ready to provide professional and effective defence.

We provide the following services to our clients:

1. A thorough evaluation of the case, analysis of the charges brought forward and evidence;
2. Checking the legality and admissibility of the evidence collected by the prosecution;
3. Conducting independent investigations and expert assessments, collecting witness statements and other materials that support the defence’s position;
4. Developing an effective protection plan taking into account all possible legal avenues;
5. Conducting negotiations on reaching agreements that could lead to a reduction in punishment.
6. Filing appeals and complaints to higher authorities.

Our passport fraud lawyers have many years of experience in the field of criminal law. We develop effective personalised defence strategies with the utmost consideration for our clients’ individual interests. We successfully work with clients from various countries, understand the specifics of international cases, and immigration law.

The sooner you seek professional legal assistance, the greater your chances of successfully resolving the situation. Contact us right now for an initial consultation and to discuss potential next steps in protecting your interests.

Anatoly Yarovyi

Senior Partner, Attorney-at-law, admitted to the Bar (Certificate to practice Law #701 as of 28.12.2009)

Anatoly Yarovyi is a highly experienced lawyer with 20 years in the field, specializing in law enforcement, intelligence activities, International Public Law, and human rights. His current focus is on Interpol and Extradition cases, as well as advising high-profile clients on personal and business security, data protection, and freedom of movement. Anatoly's diverse background includes roles in the Prosecutor's Office, intelligence agencies, and top multinational law firms.

Phone:

+357 25 059 684

Email:

[email protected]

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