Passport fraud

Methods

Passport fraud can be committed in various ways, including:

• Creating a fake or camouflage passport
• Using stolen or modified passports
• Altering passport photographs or other identifying information
• Stealing the identity of a deceased person
• Circumventing required parental consent for minors under 16

Misusing a passport is a crime in many jurisdictions.

China

Under the Passport Law of the People’s Republic of China (2006), obtaining a passport fraudulently is prohibited. Fraudulently obtained passports are null and void, and that "the holder of the passport shall be fined not less than RMB 2,000 yuan but not more than 5,000 yuan".

United States

Passport fraud is a federal crime in the United States, often committed to facilitate another crime such as, illegal immigration, contraband smuggling, economic crime, or terrorism. The US department of state's law enforcement, Diplomatic Security Service, have special agents who work with law enforcement agencies in over 160 countries all over the world to investigate passport fraud. Millions of stolen passports are used by terrorists and other dangerous criminals at any given time and it is considered the single largest threat to U.S. national security.

Historical cases include:

• In 1940, members of the American Communist Party, Earl Browder and Welwel Warszower, were convicted for unlawful use of passports.
• By 1977, the State Department recorded approximately 900 cases of passport fraud annually.

Committing the crime

Passport fraud is usually committed by:

• Stealing the identity of a deceased person to use their passport
• Using false documents, i.e. fake birth certificate
• Using stolen or modified passports, such as altering the photo I.D portion of an old passport
• Circumventing the parent signatures required for the passport of a person 16 years or younger

Violations

Possible violations of the following statutes are investigated by the United States Diplomatic Security Service:

• 18 U.S.C. 1541 - Issuance Without Authority
• 18 U.S.C. 1542 - False Statement in Application for Passport and Use of a Passport Fraudulently Obtained
• 18 U.S.C. 1543 - Making or Using a Forged Passport
• 18 U.S.C. 1544 - Misuse of Passport
• 18 U.S.C. 1546 - Fraud and Misuse of Visas, Permits, and Related Documents, And False Personation
• 18 U.S.C. 371 - Conspiracy to Defraud the United States
• 18 U.S.C. 911 - False Claim to Citizenship
• 18 U.S.C. 1028 - Fraud and related activity in connection with identification documents, authentication features, and information

Statutes do not specify that the passport must be a US passport.

Penalties

Convictions for passport fraud in the U.S. can result in:

• Fines up to $250,000
• Prison sentences up to 10 years for standard fraud
• Up to 15 years if human trafficking or narcotics are involved
• Up to 20 years if terrorism is involved. Additional penalties may apply if the crime is associated with other illegal activities. https://2009-2017.state.gov/m/ds/investigat/index.htm

References

References

1. "Passport and Visa Fraud".
2. "Identity and travel document fraud".
3. "Passport and Visa Fraud".
4. "Passport Law of the People's Republic of China".
5. "Communist Party USA in the 1940s {{!}} Research Starters {{!}} EBSCO Research".
6. Investigations, United States Congress Senate Committee on Governmental Affairs Permanent Subcommittee on. (1982). "Federal Identification Fraud: Hearings Before the Permanent Subcommittee on Investigations of the Committee on Governmental Affairs, United States Senate, Ninety-seventh Congress, Second Session, June 15 and 16, and September 23, 1982". U.S. Government Printing Office.
7. "Passport and Visa Fraud: A Quick Course".