Passport forgery and passport fraud

forgery - definition

forgery, in criminal law, willful fabrication or alteration of a written document with the intent to injure the interests of another in a fraudulent manner. The crime may be committed even though the fraudulent scheme fails. The forgery of government obligations—e.g., money, bonds, postage stamps—constitutes the separate offense of counterfeiting. Typical examples of forgery are making insertions or alterations in otherwise valid documents and appending another's signature to a document without permission. It is, of course, lawful to sign another's signature as his attorney or representative so long as there is no plan to commit fraud. Most instances of forgery occur in connection with instruments for the payment of money. The crime may also concern documents of title, e.g., deeds, or public documents, including birth and marriage certificates. In the United States forgery ordinarily is a state crime; but to send forged documents through the post office may constitute the federal crime of mail fraud.


Kerala, India: Jail term for passport forgery

KOCHI: The Aluva Judicial First Class Magistrate sentenced Mohammed Kutty, 45, of Cholayil Veedu, Kudallur, Anakkara, Palakkad, to five-year imprisonment and Rs. 5,000 fine for using a fake passport to travel abroad.

The accused used the passport with serial number R 373582 with a fake name and address to travel from Damam to Kochi on March 4, 2002.

He was stopped by the Immigration Wing of the Cochin International Airport and the case was investigated by the Ernakulam Crime Branch Special Investigation Group-II. The accused was sentenced for one year imprisonment under Section 419 of the IPC (cheating by impersonation), two years’ imprisonment and Rs. 5,000 fine under Section 468 of IPC (forgery for the purpose of cheating), one year each under Section 417 of IPC (cheating) and Section 12 (1) (d) of Passport Act.


Indian jailed for running 'passport forgery factory' in UK

PTI 9 May 2009 (The Times of India)

An Indian national and his Philippine accomplice have been jailed for four years each for running what immigration officials described as the largest ever "passport forgery factory" in Britain.

The two are Leicester-based Mandip Sharma (34) from India and Brando Sibayan (38) from the Philippines.

They will be deported to their countries of origin after completing their jail sentences.

At the Leicester Crown Court, the two pleaded guilty to possession of equipment for making false identity documents.

They were caught when officers from the UK Border Agency's East Midlands office paid a routine visit to question Sibayan, a suspected illegal immigrant, at his home in Leicester in January.


USA: In Fiscal Year 2005, Diplomatic Security investigated 3,564 new cases of passport and visa fraud and made 583 arrests.

Who commits passport fraud?

· Those illegally seeking citizenship or legal status in the United States
· Those attempting to change or conceal their identity
· Terrorists or fugitives
· Those committing financial fraud
· Those committing other criminal activity such as drug trafficking or alien smuggling

How is passport fraud committed?

· Substituting photos, most commonly occurring overseas and with older passports
· Altering support documents, such as birth certificates
· Assuming the identity of a deceased person
· Circumventing the two-parent signature rule for minors

The following statutes mandate the DS investigative authority for passport fraud:

· 18 USC 1541 Issuance Without Authority
· 18 USC 1542 False Statement in Application and Use of Passport
· 18 USC 1543 Forgery or False Use of Passport
· 18 USC 1544 Misuse of Passport
· 18 USC 1546 Fraud and Misuse of Visas, Permits, and Other Documents
· 18 USC 371 Conspiracy to Commit Offense or to Defraud the United States
· 18 USC 911 False Claim to Citizenship
· 18 USC 1028 Fraud and Related Activity in Connection with Identification Documents and Information

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What is a visa?

The U.S. visa is a document, obtained at any U.S. embassy or consulate, granting a non-U.S. traveler permission to apply for admission into the United States at a port of entry. It is not a guarantee of entry into the United States. Department of Homeland Security inspectors determine if, and for how long, an alien is admitted. To learn more about applying for a U.S. visa, visit Destination USA.



U.S. visa


What are typical types of visa fraud?

· The sale, provision, or transfer of otherwise legitimate visas
· Misrepresentation of reasons for traveling
· Forgery or alteration of a visa

Visa fraud and related statutes include:

· 18 USC 1546 Fraud and Misuse of Visas, Permits, and Other Documents
· 18 USC 1001 False Statements or Entries Generally
· 18 USC 1028 Fraud in Connection with Identification Documents
· 18 USC 201 Bribery of Public Officials
· 18 USC 371 Conspiracy to Commit Offense or to Defraud the United States


Penalties for Passport and Visa Fraud

Passport and visa fraud are federal felonies. Penalties are:

· 10 years (for a first offense if not tied to terrorism or drug trafficking)
· 15 years for fraud with other criminal links
· 20 years for fraud related to drug trafficking
· 25 years for fraud related to international terrorism


Source: www.state.gov