U.S. Passports serve as critical identity documents that verify citizenship and permit international travel. Another valuable international travel document is a U.S. visa, an official document issued to non-U.S. citizens who want to enter the U.S. for a variety of reasons, to work, attend school, visit family, or tour the country. The value of each of these documents makes them highly sought after, sometimes enticing people to obtain them by fraud or to offer them to others fraudulently.
Stechschulte Nell, Attorneys at Law in Tampa are experienced criminal defense lawyers who have represented people accused of passport and visa fraud by the federal government. We know that officials take passport fraud very seriously, especially in the post-911 world.
While most people who seek entry into the United States are honest, hard-working people seeking the American dream, some are involved in illegal drugs or human trafficking. Detecting and prosecuting passport fraud remains a top priority for American law enforcement. This article explains passport fraud charges and the defenses skilled criminal lawyers use to protect people accused of passport fraud.
The Law Governing Passport Fraud Charges
Federal passport fraud is primarily governed by 18 U.S.C. § 1541-1547, which criminalize various acts such as knowingly making false statements to obtain a passport, using or attempting to use a passport belonging to another, and forging, counterfeiting, or altering a passport. The Department of State’s Diplomatic Security Service and the Federal Bureau of Investigation (FBI) are usually involved in investigating these cases. Conviction for violating one of these federal criminal statutes can result in long prison sentences and large fines, especially if the passport fraud is connected to terrorism or drug trafficking:
- §1541 – Issuing a Passport or Similar Document Without Authority
- §1542 – False Statement in Application and Use of Passport
- §1543 – Forgery or False Use of a Passport
- §1544. Misuse of Passport
- 1546. Fraud and Misuse of Visas, Permits, and Other Documents
Penalties for Passport Fraud
- 20 years in prison if for the purpose of terrorism,
- 15 years in prison if the purpose is related to drug trafficking,
- 15 years in prison if the purpose is related to the commission of other crimes,
- 10 years in prison for first or second offense not related to terrorism or drugs.
Related Federal Criminal Charges
Federal prosecutors can also file other criminal charges along with passport fraud allegations. If the passport fraud was accomplished by use of an interstate communications device, a phone call, an email, a text, a radio message, or the U.S. Postal Service or other interstate carrier, the government may charge the defendant with wire fraud and/or mail fraud. These offenses also carry heavy penalties; up to 20 years in federal prison and a $250,000 fine.
Understanding the Elements of Passport Fraud
Before discussing the defenses, it’s essential to understand what the government must prove to establish guilt beyond a reasonable doubt. Generally, the prosecution needs to demonstrate that:
- The accused made a false statement or engaged in deceptive conduct.
- The false statement or conduct was material to obtaining a passport.
- The accused had an intent to deceive or defraud.
Legal Defenses to Federal Passport Fraud
While facing a federal passport fraud charge can seem overwhelming, an experienced passport fraud criminal defense lawyer can assert several legal defenses on behalf of their client, depending on the facts of the case.
- Lack of Intent: One of the fundamental elements of passport fraud is the “intent to deceive or defraud.” If the defense can show that any false statement was accidental or the result of an honest mistake, the element of intent may not be proven.
- No Materiality: The false statement or action must be material to the issuance of a passport. If the information would not have influenced the government’s decision to issue or deny a passport, its falsehood may not constitute fraud.
- Coercion or Duress: If someone was forced under the threat of violence or severe harm to commit passport fraud, they might be able to use coercion or duress as a defense. However, this is often difficult to prove and usually requires immediate reporting of the coercion to authorities once the threat has subsided.
- Entrapment: While relatively rare, entrapment can be claimed if law enforcement induced the defendant into committing a crime they would not have otherwise committed. However, merely providing an opportunity to commit the crime is not enough to support an entrapment defense.
- Statute of Limitations: Like other federal crimes, passport fraud has a statute of limitations, usually ten years. If the alleged act happened beyond this time frame, the charges may be subject to dismissal.
- Constitutional Violations: Evidence gathered through unlawful searches or seizures, or confessions obtained without proper Miranda warnings, might be suppressed, weakening the prosecution’s case.
Get an Experienced Federal Passport Defense Lawyer
Facing a federal charge of passport fraud is an extremely serious matter, especially given the national security implications and the severity of the penalties involved. But knowledgeable federal criminal defense lawyers can press viable legal defenses, depending on the facts of the individual case.
These legally technical defenses must be navigated carefully and competently to be effective, making the role of experienced legal counsel paramount.
Given the complexities of federal statutes and the high stakes, anyone accused of passport fraud should immediately seek legal advice to understand the nuances of the charge and the potential defenses available to them. While a charge of passport fraud presents serious challenges, the assistance of a skilled federal criminal defense lawyer can mean the difference between going to prison or going home.
Protect Your Future with Our Experienced Legal Advocates
Protecting your rights in the face of federal passport fraud charges requires experienced legal counsel. At Stechschulte Nell, Attorneys at Law in Tampa, our seasoned criminal defense team specializes in handling passport fraud cases. Don’t navigate this complex legal terrain alone.
Reach out to us today at 813-280-1244 for a confidential consultation. Your future could depend on it, and we’re here to help you every step of the way.
