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Passport fraud is an act of intentional deception that involves forgery, alteration, or false use of a travel document, such as a passport. [1] Common reasons to perpetrate passport fraud include illegally entering a country, avoiding deportation, committing financial crimes, and smuggling. [2]
One way to commit passport fraud is through the creation of a fake passport or camouflage passport.
Misusing a passport is a crime in many jurisdictions.
The Passport Law of the People’s Republic of China, adopted in 2006, prohibits applying for a passport fraudulently. It provides that 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". [3]
Passport fraud is a federal crime. [2] Usually, this crime is committed to facilitate another crime such as, illegal immigration, contraband smuggling, economic crime, or terrorism. [2] 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.
In 1940, the State and Justice Department convicted American Community Party members Earl Browder and Welwel Warszower of "unlawful use of passports." [4]
Circa 1977, the State Department discovered 900 cases of passport fraud a year. [5]
Passport fraud is usually committed by:
Possible violations of the following statutes are investigated by the United States Diplomatic Security Service:
Statutes do not specify that the passport must be a US passport.
If a person lied on a passport application form, they can be fined up to $250,000 and sentenced up to 10 years in prison. If the crime includes human trafficking, narcotics, or both, the sentencing can be raised up to 15 years in prison. If terrorism is involved, the penalty can be raised to 20 years in prison. As well as being charged with further penalties, if the person is caught engaging in any of these additional illegal activities.
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law or criminal law, or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements.
Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud. Tampering with a certain legal instrument may be forbidden by law in some jurisdictions but such an offense is not related to forgery unless the tampered legal instrument was actually used in the course of the crime to defraud another person or entity. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations.
Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term identity theft was coined in 1964. Since that time, the definition of identity theft has been statutorily defined throughout both the U.K. and the U.S. as the theft of personally identifiable information. Identity theft deliberately uses someone else's identity as a method to gain financial advantages or obtain credit and other benefits, and perhaps to cause other person's disadvantages or loss. The person whose identity has been stolen may suffer adverse consequences, especially if they are falsely held responsible for the perpetrator's actions. Personally identifiable information generally includes a person's name, date of birth, social security number, driver's license number, bank account or credit card numbers, PINs, electronic signatures, fingerprints, passwords, or any other information that can be used to access a person's financial resources.
Bank fraud is the use of potentially illegal means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently posing as a bank or other financial institution. In many instances, bank fraud is a criminal offence. While the specific elements of particular banking fraud laws vary depending on jurisdictions, the term bank fraud applies to actions that employ a scheme or artifice, as opposed to bank robbery or theft. For this reason, bank fraud is sometimes considered a white-collar crime.
Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are U.S. federal crimes. Jurisdiction is claimed by the federal government if the illegal activity crosses interstate or international borders.
The Bureau of Diplomatic Security, commonly known as Diplomatic Security (DS), is the security branch of the United States Department of State. It conducts international investigations, threat analysis, cyber security, counterterrorism, and protection of people, property, and information. Its mission is to provide a safe and secure environment for officials to execute the foreign policy of the United States.
The Diplomatic Security Service is the principal security and law enforcement agency of the United States Department of State. As the operational division of State Department's Bureau of Diplomatic Security, its primary mission is to protect diplomatic assets, personnel, and information and to combat visa and passport fraud. DSS also undertakes counterterrorism, counterintelligence, cybersecurity and criminal investigations, both domestically and abroad.
Insurance fraud is any act committed to defraud an insurance process. It occurs when a claimant attempts to obtain some benefit or advantage they are not entitled to, or when an insurer knowingly denies some benefit that is due. According to the United States Federal Bureau of Investigation, the most common schemes include premium diversion, fee churning, asset diversion, and workers compensation fraud. Perpetrators in the schemes can be insurance company employees or claimants. False insurance claims are insurance claims filed with the fraudulent intention towards an insurance provider.
Racketeering is a type of organized crime in which the persons set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation to repeatedly or consistently collect a profit.
Identity fraud is the use by one person of another person's personal information, without authorization, to commit a crime or to deceive or defraud that other person or a third person. Most identity fraud is committed in the context of financial advantages, such as accessing a victim's credit card, bank accounts, or loan accounts. False or forged identity documents have been used in criminal activity or in dealings with government agencies, such as immigration. Today, the identities of real persons are often used in the preparation of these false documents. This can lead to bad consequences and trouble.
Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by such names as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute.
FADO is a European image-archiving system that was set up to help combat illegal immigration and organised crime. It was established by a Joint Action of the Council of the European Union enacted in 1998.
Credit card fraud is an inclusive term for fraud committed using a payment card, such as a credit card or debit card. The purpose may be to obtain goods or services or to make payment to another account, which is controlled by a criminal. The Payment Card Industry Data Security Standard is the data security standard created to help financial institutions process card payments securely and reduce card fraud.
Visa fraud has different criteria in various parts of the world but the commonly accepted points are the sale, provision, or transfer of otherwise legitimate visas, misrepresentation of reasons for traveling and forgery or alteration of a visa.
Health care fraud includes "snake oil" marketing, health insurance fraud, drug fraud, and medical fraud. Health insurance fraud occurs when a company or an individual defrauds an insurer or government health care program, such as Medicare or equivalent State programs. The manner in which this is done varies, and persons engaging in fraud are always seeking new ways to circumvent the law. Damages from fraud can be recovered by use of the False Claims Act, most commonly under the qui tam provisions which rewards an individual for being a "whistleblower", or relator (law).
United States of America v. Clark is the name of a lawsuit against Jason Elliott Clark by the U.S. government based on identity theft, bank fraud and conspiracy. This was an appeal from the United States District Court for the District of Minnesota. Clark appealed his conviction for aggravated identity theft based on the sufficiency of the evidence and the court's admission of certain prior acts of evidence.
Lakireddy Bali Reddy was an Indian-American landlord, convicted felon, and chairman of the Lakireddy Balireddy College of Engineering in Andhra Pradesh. Reddy exploited the Indian caste system to bring young Indian women and girls to Berkeley, California. From 1986 to 1999, he and his family members and associates forced them into servitude and sexual slavery.
On December 11, 2013, Devyani Khobragade, then the Deputy Consul General of the Consulate General of India in New York City, was charged by U.S. authorities with committing visa fraud and providing false statements in order to gain entry to the United States for Sangeeta Richard, a woman of Indian nationality, for employment as a domestic worker for Khobragade in New York. She was additionally charged with failing to pay the domestic worker a minimum wage.