Passport Crimes Defense Attorney
Every year, millions of passports are issued around the world. For instance, just last year, the U.S. issued 21,577,377 passports. It’s no surprise that with such large volumes of issuance, cases of fraud are widespread.
After the tragedy of September 11th, accusations of visa and passport fraud are taken extremely seriously by the government, regardless of the nationality of those suspected. The consequences can be very severe, including hefty fines, deportation, and even long-term imprisonment. Therefore, it’s crucial to seek out an experienced criminal defense attorney as soon as possible to help develop an effective defense strategy and achieve the best possible outcome.
Federal and state laws regulating passport fraud
Passport fraud involves illegal activities related to the use or acquisition of a passport through deceit: document forgery, using someone else’s passport, providing false information when applying for a passport, as well as manufacturing or trading in fake passports.
The main regulations concerning passport fraud are contained in Title 18 of the United States Code (U.S. Code):
- 18 U.S.C. § 1541 — Issuance of Passport Without Proper Authority: A person who issues or secures the issuance of a passport without proper authority is subject to punishment.
- 18 U.S.C. § 1542 — False Statements in Passport Applications: Liability for knowingly providing false information when applying for or renewing a passport;
- 18 U.S.C. § 1543 — Forgery or False Use of a Passport: The act of forging, altering, producing, or counterfeiting a passport, as well as using or attempting to use such a passport.
- 18 U.S.C. § 1544 — Misuse of Passport: Prohibits the use of a passport issued in someone else’s name, or providing one’s own passport for use by another;
- 18 U.S.C. § 1546 — Fraud and misuse of visas, permits, and other documents: forgery, use, or possession of counterfeit immigration documents.
Passport fraud poses a threat to national security, facilitates illegal immigration, terrorism, and other crimes. Ignorance of the law does not exempt one from responsibility. It’s important to be informed and comply with all requirements when applying for and using passports.
Was your passport stolen abroad?
If you lose your passport while abroad, immediately contact the nearest police station and report the theft to have it officially documented. You will need to provide a copy of the police report when you go to the consulate or embassy.
Then, as soon as possible, contact your country’s diplomatic mission. The staff will provide instructions on what to do next. At the consulate, you can obtain temporary documents for crossing the border. For this, you need to provide a police report of the theft, identity verification documents, and passport-sized photographs.
If other documents or bank cards were stolen along with your passport, contact your bank to prevent unauthorized transactions.
False statements for obtaining a passport
Knowingly providing false information when applying for a passport not only violates the law but can also lead to serious legal consequences, including criminal liability.
Providing false information when applying for a passport includes the following actions:
- Intentional distortion of personal data;
- Providing fake documents;
- Failure to disclose criminal convictions or ongoing criminal cases;
- Concealment of the fact of being deprived of parental rights or guardianship;
- Providing false information about the place of residence;
- Identity theft.
In the United States, passport fraud is regulated at the federal level. Under 18 U.S.C. § 1542, penalties can include imprisonment for up to 10 years and fines in accordance with federal standards. In European Union countries, providing false information when obtaining a passport is also considered a criminal offense. Depending on the country, penalties can range from 1 to 5 years of imprisonment, fines, and other sanctions.
Punishments for passport fraud
According to federal U.S. law, the following penalties are provided for passport fraud:
- 18 U.S.C. § 1541: Issuance of a passport without proper authorization, punishable by up to 10 years imprisonment;
- 18 U.S.C. § 1542: False statements in passport applications can lead to up to 25 years of imprisonment for crimes related to international terrorism, up to 20 years for crimes related to drug trafficking, and up to 10 years in all other cases.
- 18 U.S.C. § 1543: forgery or use of a forged passport, imprisonment for up to 10 years, a fine may be imposed at the discretion of the judge;
- 18 U.S.C. § 1544: Misuse of passport, punishable by up to 10 years imprisonment, fines may apply;
- 18 U.S.C. § 1546: Fraud and misuse of visas, permits, and other documents, with a penalty of up to 25 years in prison under aggravating circumstances (for example, if connected to terrorism).
Indictments for criminal cases involving violations of passport laws are issued by a federal grand jury at the U.S. Attorney’s Office or a division of the U.S. Department of Justice. Since passports are issued through the U.S. State Department, this agency also conducts such investigations. The U.S. Attorney’s Office may transfer the case to the district attorney in the state where the crime was committed.
Reasons for Passport Denial
In some cases, an applicant may be denied a passport for the following reasons:
- Умышленное искажение персональных данных;
- Предоставление поддельных документов;
- Having a significant amount of unpaid child support;
- Being under investigation or trial for criminal charges;
- Having an outstanding criminal conviction;
- Active arrest warrants or travel bans;
- Significant tax liabilities;
- Violating visa regulations, overstaying abroad, or working illegally in another country;
- Unenforced court orders;
- Issues with biometric data;
- Incomplete or incorrectly filled out document package.
Our company specializes in passport and immigration law. We are ready to provide you with professional assistance in obtaining a passport.
How to Protect Yourself from Accusations of Passport Fraud
Don’t give in to despair, because being charged doesn’t automatically mean you’re guilty. You can use various defense strategies:
- Providing evidence that you could not have committed the crime at the specified time and place.
- Gathering witnesses who can confirm that you were not involved in the crime.
- Conducting expert analysis of documents to identify discrepancies or forgeries that could lead to mistaken identification.
- The argument that any inaccuracies in the documents were accidental and unintentional.
- If evidence was obtained in violation of your constitutional rights, it may be deemed inadmissible in court.
- Questioning the credibility or relevance of the evidence presented by the prosecution.
- Identifying discrepancies in witness statements or documents.
- If you took certain actions under threat or coercion by third parties.
- If you’ve fallen victim to a scam and were unaware that your actions were illegal.
A professional lawyer will be able to assess the strength of the charges and identify opportunities to mitigate the punishment or reach a favorable agreement. Don’t make any admissions without a lawyer, as anything you say can be used against you.
How can our lawyers help you?
In complex legal situations, it’s crucial to secure the support of a reliable legal partner as quickly as possible, one who will protect your rights and interests. Our attorneys possess extensive knowledge in the fields of criminal and immigration law, and also have significant experience in representing clients’ interests in courts of various levels.
For each case, we’ll quickly analyze the circumstances under which the charges were brought, assess the collected evidence and its admissibility, and identify any possible procedural violations by the prosecution. Thanks to our tremendous experience, our experts will be able to accurately evaluate the legal aspects of the case, develop an effective defense strategy, and challenge any unlawful actions by the investigation or prosecution.
Our lawyers are ready:
- Effectively defend your position in court hearings;
- Negotiate with the prosecution to reduce charges or reach a plea deal that is favorable to you.
- Ensure the protection of your rights at all stages of the legal process.
Over the years, our attorneys have successfully defended numerous clients accused of passport fraud. In several instances, we’ve managed to achieve a complete dismissal of charges or a significant reduction in penalties. If you’re facing similar accusations or have any questions on this topic, please contact us for a consultation.
