ID and Benefit Fraud Flashcards
Identification Document
Means a document made or issued by or under the authority of:
- the United States Government, or a State, or political subdivision of a State,
- a sponsoring entity of an event designated as a special event of national significance [e.g., ID for republican national convention],
- a foreign government,
- political subdivision of a foreign government,
- an international governmental [e.g., United Nations] or
- an international quasi-governmental organization
For the purpose of IDing an individual
False Identification Document
means a document of a type intended or commonly accepted for the purposes of identification of individuals that:
• Is not issued by or under the authority of a governmental entity or
• Was issued under the authority of a governmental entity but was
subsequently altered for purposes of deceit; and
• Appears to be issued by or under the authority of the United States government, a state, a political subdivision of a state, a sponsoring
entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization.
- Example: getting your photo taken for a license using someone else’s name
“Authentication feature”
Means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, documentmaking implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified.
Means of Identification
Means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any:
A. name, social security number, date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number;
B. unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
C. unique electronic identification number, address, or routing code
Transfer
Involves giving the ID to someone else
Traffic ID
Sell ID to someone else
1028 A - Aggravated Identity Theft
- Sentence enhancement (2 Years)
- Add on top of Subsection C crimes
- Must be a real person dead or alive but can’t be made up numbers.
Does 1546 apply to passports?
No.
18 U.S.C. § 1546 Fraud and misuse of visas, permits, and other documents
Greg, an unlawfully present noncitizen, purchases Tim’s social security card, a deceased U.S. citizen. He then uses that social security card to assume Tim’s identity, including obtaining a driver’s license. When Greg applies for a job, he uses his driver’s license with the name of Tim and also Tim’s social security card in order to fill out the I-9 form. In completing the I-9 form, Greg checks the box claiming to be a “citizen or national” of the United States, but then he crosses through the word “national” and specifically hand writes on the form: “I am a United States citizen by birth.” What crimes has Greg committed?
Greg: 1028 a 7 / 1028 a 1 / 1028 a 4 / 911
Jenny uses Lucy’s border crossing card to enter the United States.
1546
Jenny uses a fake passport utilizing Lucy’s information to enter the United
States.
1543
Jenny shows a HSI agent a fake driver’s license utilizing Lucy’s information.
1028 a 1
Lucy alters her own driver’s license by putting Jenny’s picture on it and sells it to Jenny for $100.
1028 a 1
Jenny uses Lucy’s passport to enter the United States.
1543
Not: 2 questions on exam from this legal section. 1 on 1028 (license) and 1 on 1540 charges (visa/passport charges)
FDL
