Can you go to prison for possessing 15 fake IDs

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling criminal defense cases across the country. We’ve represented clients in cases that made national headlines – Anna Delvey’s Netflix series, the Ghislaine Maxwell juror misconduct case, and many others that other law firms said were unwinnable. If you’re facing federal charges involving fake identification documents, you’re dealing with serious prison exposure.

Yes – you can absolutely go to prison for possessing 15 fake IDs. Under 18 U.S.C. § 1028, federal law punishes identity document fraud with up to 15 years in federal prison, and that’s just the starting point. The real question isn’t whether prison is possible, it’s how much time you’re actually facing and what the government needs to prove to send you there.

When Fake IDs Become a Federal Case

Most people think fake IDs are just a college kid problem – trying to get into bars, nothing serious. That’s not how federal prosecutors see it. Once you cross into federal jurisdiction, you’re in a completely different world. Federal charges under Section 1028 require specific elements: the fake IDs need to involve United States identification documents, there needs to be intent to defraud, or the documents need to move through interstate commerce or U.S. mail.

Fifteen fake IDs signals something beyond personal use. Federal prosecutors look at quantity and ask: are you producing these? Are you selling them? Are you part of a larger operation? In 2024, Homeland Security Investigations raided locations in Phoenix and seized industrial printers, laminators, ink cartridges – the kind of equipment that shows production, not just possession. Those defendants faced conspiracy charges carrying 15-year maximums, plus aggravated identity theft charges that add mandatory consecutive two-year sentences.

The difference between state and federal charges comes down to what you’re doing with the IDs. Possessing one fake California driver’s license to get into a bar? That’s state court, probably a misdemeanor. Possessing 15 fake IDs with multiple names, birthdates, Social Security numbers? Federal prosecutors will argue that’s evidence of intent to defraud financial institutions, commit immigration fraud, or traffic in false documents. That’s when you’re looking at real prison time.

What 15 Years Actually Means in Federal Sentencing

The statutory maximum of 15 years under Section 1028 is misleading – most defendants don’t get 15 years for document fraud alone. Federal sentencing works through the United States Sentencing Guidelines, which calculate your offense level based on specific factors. For fraud and document crimes under Guideline §2B1.1, the base offense level starts around 6 or 7, then gets enhanced.

Here’s what drives the offense level up: loss amount matters enormously in federal fraud cases, even though possession of fake IDs might not involve financial loss yet. If prosecutors can connect those IDs to attempted fraud – trying to open bank accounts, applying for credit cards, filing false tax returns – the loss amount or intended loss amount becomes the biggest sentencing factor. A loss over $6,500 adds 2 levels. Over $25,000 adds 4 levels. Over $150,000 adds 8 levels. The enhancements stack fast.

Number of victims also matters. If those 15 fake IDs used 15 different people’s actual identities, that’s 15 victims, which adds another 2 levels to your offense level. If you’re the organizer or leader of criminal activity involving five or more participants, add 4 more levels. Federal sentencing guidelines are mathematical – prosecutors plug in the numbers and calculate your prison range.

Most defendants charged with document fraud involving multiple fake IDs end up with offense levels between 12 and 20, depending on these enhancements. A defendant with no criminal history at offense level 12 faces 10 to 16 months. Offense level 20 with no criminal history? 33 to 41 months. That’s before any departures or variances. Criminal history changes everything – if you’ve got prior convictions, you move into higher criminal history categories, and suddenly that same offense level 20 puts you at 51 to 63 months.

Production vs. Possession and Why It Destroys Your Case

Federal prosecutors distinguish between possessing fake IDs and producing them. Possession alone – even 15 IDs – might result in charges under subsection (a)(3) of Section 1028, which carries lower penalties. But if agents find document-making equipment when they search your residence, you’re charged with production under subsection (a)(1). That’s the 15-year maximum provision.

What counts as production? Industrial printers that can reproduce security features on driver’s licenses. Laminating machines. Hologram overlays. Templates with multiple state ID formats. Software for generating barcodes that match license formats. In the 2024 Phoenix case, agents didn’t just find fake IDs – they found the entire production infrastructure. Those defendants faced production charges, aggravated identity theft charges, and conspiracy charges. Each charge carries its own maximum sentence, and some run consecutively.

Transfer or trafficking is the other killer enhancement. If you’re selling fake IDs or distributing them to others, that’s transfer under the statute. You don’t need to be running a sophisticated operation – giving your roommate three fake IDs for $100 each counts as transfer. Federal prosecutors will pull phone records, text messages, Venmo transactions, anything showing you transferred IDs for value. Once they establish transfer, they argue you’re engaged in a criminal enterprise, which opens up conspiracy charges under 18 U.S.C. § 371.

Conspiracy is dangerous because it allows prosecutors to hold you responsible for everything your co-conspirators did – even if you didn’t personally do it. You sold 15 fake IDs to someone who used them to commit bank fraud totaling $50,000? The government can attribute that entire loss amount to you for sentencing purposes under relevant conduct rules. Your guidelines calculation suddenly reflects a massive loss amount you never personally stole.

Real Consequences From Recent Federal Cases

Let’s talk about actual sentences, not just statutory maximums. In recent federal prosecutions, defendants convicted of document fraud with aggravating factors have received significant prison time – but it varies wildly based on the specific conduct and criminal history.

A defendant caught with document-making equipment and multiple fake IDs who pleads guilty to production charges typically faces 24 to 36 months after a plea agreement, assuming minimal criminal history. If aggravated identity theft charges apply under 18 U.S.C. § 1028A – meaning the defendant used actual people’s identifying information without authorization – that adds a mandatory consecutive two years. You can’t argue your way out of that two-year consecutive sentence. It’s mandatory by statute.

Defendants who go to trial and lose face higher sentences. The sentencing guidelines provide a 2 or 3 level reduction for acceptance of responsibility, which you only get if you plead guilty. Losing that reduction can add 6 to 12 months to your sentence. Trial penalties are real – judges sentence defendants who exercise their trial rights more harshly than defendants who plead guilty, even though they’re not supposed to.

Criminal history makes everything worse. A defendant with a Category III criminal history convicted of the same document fraud offense faces roughly double the prison time of a defendant with no criminal history. If you’ve got prior fraud convictions or identity theft convictions, prosecutors will argue for upward departures based on your pattern of criminal conduct. We’ve seen judges add 12 to 24 months beyond the guidelines range when defendants have demonstrated they’re repeat offenders who didn’t learn from prior sentences.

What Federal Prosecutors Actually Care About

The government doesn’t prosecute every fake ID case in federal court. They have limited resources, and they prioritize cases involving larger conspiracies, organized fraud rings, or defendants using fake IDs to commit serious crimes. If you’re caught with 15 fake IDs, prosecutors will investigate what you were planning to do with them.

Bank fraud is the big one. If those fake IDs were going to be used to open fraudulent bank accounts, apply for credit cards, or cash stolen checks, federal prosecutors will bring bank fraud charges under 18 U.S.C. § 1344, which carries a 30-year maximum. We’ve defended clients charged with both document fraud and bank fraud – the bank fraud charges dwarf the document fraud charges in terms of sentencing exposure.

Immigration fraud also triggers serious federal interest. Using fake IDs to obtain work authorization, enter the country, or evade immigration enforcement brings in immigration charges on top of document fraud. Immigration and Customs Enforcement investigators work these cases aggressively, especially when defendants are producing fake green cards, work permits, or Social Security cards for undocumented immigrants.

Terrorism connections – even tangential ones – escalate everything. Under Section 1028, if identity document fraud is committed to facilitate an act of terrorism, the maximum sentence jumps to 30 years. Prosecutors don’t need to prove you actually committed terrorism, just that the fake IDs were intended to facilitate it. That’s an incredibly broad standard, and we’ve seen prosecutors stretch it to cover cases where defendants made statements about political violence or had materials prosecutors characterized as extremist.

What can you do if you’re facing these charges? First, stop talking to investigators without a lawyer. Federal agents are skilled at getting defendants to make incriminating statements during “informal” interviews. They’ll tell you this is your chance to cooperate, explain your side, show you’re not a bad person. Everything you say gets used against you at sentencing, even if you’re trying to help yourself.

Second, understand that cooperation is complex. If you provide substantial assistance to the government under Federal Rule of Criminal Procedure 35(b), prosecutors can file a motion for a sentence reduction. But cooperation requires giving up co-conspirators, wearing wires, testifying at trial – it’s not just answering a few questions. And cooperation doesn’t guarantee a minimal sentence. Judges still have discretion, and some judges don’t reward cooperation as much as others.

Third, challenge the evidence and the enhancements. Federal prosecutors overcharge routinely, then use the threat of massive sentences to force plea deals. A skilled federal defense attorney examines whether the government can actually prove production versus mere possession, whether the loss amount calculations are accurate, whether alleged victims actually suffered harm. We’ve gotten loss amounts reduced by hundreds of thousands of dollars by challenging the government’s methodology – which directly reduced our clients’ offense levels and cut years off their sentencing ranges.

At Spodek Law Group – we’ve handled federal document fraud cases, identity theft prosecutions, and fraud conspiracies that seemed impossible to defend. We understand how federal prosecutors build these cases, what they’re willing to negotiate, and how to position our clients for the best possible outcome. Todd Spodek has many, many years of experience as a second-generation criminal defense lawyer, defending clients against federal charges that carry serious prison time. This is exactly the kind of case we’ve built our reputation on.

If you’re sitting at home with a search warrant executed, agents took your computers and phones, and you’re staring at a target letter from the U.S. Attorney’s Office – you need a lawyer who understands federal sentencing, knows how to negotiate with federal prosecutors, and isn’t afraid to fight when fighting is the right strategy. Not all law firms handle federal cases. Many firms that claim federal experience have never actually tried a federal case or negotiated a cooperation agreement. We’ve done both, many times.

Can you go to prison for possessing 15 fake IDs? Yes. Will you go to prison? That depends on what you do next, how the evidence shakes out, and whether you have someone fighting for you who knows what they’re doing. Federal charges are terrifying – and they should be. But they’re not automatically unwinnable. We’ve won cases other lawyers said were hopeless, and we’ve gotten clients sentences far below what the government demanded.