Fake, Forged or False Government Document

Fake, Forged, or False Government Documents: What You Need to Know

Dealing with government documents is a part of everyday life. From birth certificates to social security cards, passports, and more, we regularly provide various forms of identification and paperwork to government agencies. But what happens if you use, make, or distribute false government documents? Well, it’s illegal and can lead to serious consequences. Let’s break it down.

Laws Against False Government Documents

There are various federal laws that prohibit providing false information or fake documentation to the government. For example, 8 U.S. Code § 1324c makes it a crime to use, possess, accept, or provide forged, counterfeit, or falsely made documents to satisfy immigration law requirements. Penalties can include fines, imprisonment up to five years, or both.

Another relevant statute is 18 U.S.C. § 1001, which prohibits knowingly and willfully making false statements or using fake documents in any matter within the jurisdiction of the federal government. Violations carry possible fines and up to five years in prison.

There are also laws against possessing false identification documents under 18 U.S.C. § 1028, with penalties up to 15 years imprisonment. And under 18 U.S.C. § 1015, it’s illegal to make, forge, counterfeit, or alter citizenship documents, naturalization certificates, or other government records. You could face up to 25 years in prison for violations.

What Constitutes a Fake Government Document?

A fake government document is any form of identification, paperwork, certification, or other record that has been altered, forged, or contains false information. Common examples include:

• Fake driver’s licenses or ID cards
• Forged birth certificates, social security cards, or passports
• Counterfeit immigration documents like green cards or visas
• Fabricated diplomas, transcripts, or certificates
• Fake tax returns or doctored financial statements
• Forged court orders, police reports, or other legal documents

Even using someone else’s valid government documents like an ID card or social security number is considered fraudulent. And modifying genuine documents by changing information on them also counts as falsification.

Penalties for Fake Government Documents

The penalties for using or making false government documents depend on the specific offense, but may include:

• Fines – Most falsification crimes carry fines up to $250,000 for individuals.
• Imprisonment – Possible jail time is typically 5-25 years depending on the violation.
• Probation – Courts may impose probation periods up to 5 years following incarceration.
• Restitution – You may have to repay any government benefits obtained through fraud.
• Loss of benefits – Any government aid acquired illegally can be terminated.
• Deportation – Non-citizens may be removed from the country for document falsification.
• Civil liability – You can be sued by injured parties like the government.

The bottom line is falsifying government documents can lead to very serious criminal and civil consequences that can affect the rest of your life. It’s not worth the risk!

Real-Life Cases of Fake Government Documents

To understand how falsification charges play out in the real world, let’s look at some examples of people who got caught using or making fake government paperwork:

• In October 2022, a North Carolina woman pleaded guilty to producing over 600 fake driver’s licenses, social security cards, and other ID documents sold to illegal immigrants. She faces up to 15 years in prison.
• In 2021, the CEO of Nikola Corp. resigned after allegations he made false statements with forged documents to defraud investors. He paid $125 million to settle SEC charges.
• A Texas judge was sentenced to 5 years in prison for creating fake court orders to cover up a scheme to dismiss drunk driving cases.
• The CEO of Theranos was convicted of fraud for falsifying blood test results to attract investments in the company. She faces up to 20 years in prison.

As you can see, falsifying government paperwork can lead to serious fraud charges and stiff penalties, even for high-profile executives. It’s critical to provide truthful documentation to federal, state, and local government agencies to avoid fines, jail time, and other consequences.

Defenses Against Fake Document Charges

If you’ve been accused of using or making false government documents, there may be defenses your criminal defense lawyer can raise:

• You didn’t know the documents were fake – If you were unaware documents were fraudulent when you used them, you may be able to avoid charges since intent is required.
• You were coerced – If someone forced or threatened you to use false paperwork, it could be a defense.
• Mistake of fact – If you reasonably relied on incorrect information that documents were real, it could help your case.
• Statute of limitations expired – Charges must be brought within 5 years for many federal falsification crimes.
• Lack of jurisdiction – Federal agencies have limited authority, so charges may not apply.
• You didn’t intend to defraud – If false documents were created or used for reasons other than fraud, it weakens the case.

While charges shouldn’t be taken lightly, experienced criminal defense counsel may be able to get charges reduced or even dismissed by presenting evidence to undermine the prosecution’s claims.

Avoiding Charges Related to Fake Documents

The best way to avoid charges over false government documents is simply to never create or use them! But here are some tips to steer clear of trouble:

• Only provide true, factual information on any government paperwork. Double check that everything is accurate.
• Never allow anyone else to use your valid government-issued ID documents like driver’s licenses.
• Watch out for scams offering fake documents, visas, passports, or other records. They are likely traps.
• If you discover any inaccuracies in paperwork you submitted, immediately notify the government agency.
• Secure important documents like social security cards, birth certificates, and passports to prevent theft.
• Shred any documents containing sensitive personal information before disposing of them.

Following the law and applying common sense when handling government paperwork can help avoid falsification issues. Reach out to an attorney if you have any doubts or concerns.

The Bottom Line

Providing false information or fake documents to any government agency at the federal, state, or local level can lead to very serious criminal charges. Penalties may include years in prison, massive fines, loss of benefits, and other damaging consequences. If questioned or charged over falsified records, be sure to consult an experienced criminal defense lawyer to protect your rights. The best policy is always providing truthful documentation to the government and steering well clear of fake IDs or forged paperwork.