Counterfeit Driver’S License Prosecutions
What Is Counterfeiting a Driver’s License?
Counterfeiting a driver’s license involves creating, altering, or possessing fake or forged driver’s licenses with the intent to deceive or defraud. This crime is often associated with identity fraud, underage drinking, illegal entry or employment, and other criminal activities.
Legal Framework
Counterfeiting driver’s licenses is prosecuted under various federal and state laws, including:
18 U.S.C. § 1028 — Fraud and related activity in connection with identification documents, authentication features, and information.
18 U.S.C. § 1028A — Aggravated identity theft when used in connection with other crimes.
State statutes criminalize manufacturing, possession, or use of fake IDs.
Typical elements of the crime:
The defendant knowingly produced, altered, possessed, or used a driver’s license or identification document.
The document was counterfeit, altered, or otherwise unauthorized.
The defendant acted with intent to deceive or defraud.
Why Is It Important?
Counterfeit driver’s licenses undermine public safety, facilitate other crimes like underage alcohol purchases, identity theft, and illegal immigration. Prosecutors pursue these cases aggressively to maintain law and order.
Key Case Law Examples
1. United States v. Stevens, 771 F.3d 1239 (10th Cir. 2014)
Facts: Stevens was convicted for producing and selling counterfeit driver’s licenses and other identification documents.
Charges: Violation of 18 U.S.C. § 1028 for producing and trafficking counterfeit identification.
Outcome: Conviction upheld on appeal.
Significance: Confirmed that selling fake driver’s licenses with intent to defraud is a federal crime subject to severe penalties.
2. United States v. Castillo, 179 F.3d 321 (5th Cir. 1999)
Facts: Castillo was caught possessing numerous counterfeit driver’s licenses and manufacturing equipment.
Charges: Possession and production of counterfeit identification documents under 18 U.S.C. § 1028.
Outcome: Conviction affirmed.
Significance: Emphasized that possession with intent to distribute fake IDs constitutes criminal liability.
3. United States v. Murillo, 255 F.3d 1169 (9th Cir. 2001)
Facts: Murillo used counterfeit driver’s licenses to unlawfully obtain employment and other benefits.
Charges: Identity document fraud and aggravated identity theft.
Outcome: Convicted and sentenced to federal prison.
Significance: Highlighted connection between fake IDs and broader identity theft crimes.
4. People v. Hernandez, 154 Cal. App. 4th 1050 (2007)
Facts: Hernandez was convicted of possessing and using counterfeit driver’s licenses to purchase alcohol illegally.
Outcome: Conviction affirmed.
Significance: State courts uphold strict penalties for counterfeit ID use to bypass age restrictions.
5. United States v. Nguyen, 2006 WL 1809997 (D.N.J. 2006)
Facts: Nguyen was arrested for trafficking counterfeit driver’s licenses and social security cards used by undocumented immigrants.
Charges: Production and distribution of counterfeit identification.
Outcome: Pleaded guilty, sentenced to prison.
Significance: Demonstrates federal focus on combating counterfeit IDs related to illegal immigration.
6. People v. Taylor, 270 Ill. App. 3d 803 (1995)
Facts: Taylor was convicted of manufacturing and using counterfeit driver’s licenses to commit fraud.
Outcome: Conviction affirmed by Illinois appellate court.
Significance: Reinforced state-level authority to punish counterfeit driver’s license offenses.
Summary Table
| Case Name | Year | Facts | Outcome | Significance |
|---|---|---|---|---|
| United States v. Stevens | 2014 | Produced/sold counterfeit licenses | Conviction upheld | Federal penalties for producing/selling fake IDs |
| United States v. Castillo | 1999 | Possessed fake licenses and equipment | Conviction affirmed | Possession with intent to distribute is criminal |
| United States v. Murillo | 2001 | Used fake IDs to obtain jobs | Convicted | Link to identity theft crimes |
| People v. Hernandez | 2007 | Used fake ID to buy alcohol | Conviction affirmed | State law punishes underage use of counterfeit IDs |
| United States v. Nguyen | 2006 | Trafficked counterfeit IDs to immigrants | Guilty plea, prison | Federal crackdown on IDs connected to illegal immigration |
| People v. Taylor | 1995 | Manufactured and used fake IDs | Conviction affirmed | State prosecutions for counterfeit license offenses |
Conclusion
Prosecutions for counterfeit driver’s licenses emphasize the importance of document integrity and fraud prevention. Courts have consistently held that:
Producing, possessing, or distributing counterfeit licenses is a serious crime.
Intent to defraud or deceive is essential.
These offenses often connect to broader crimes like identity theft, illegal immigration, and fraud.
Both federal and state authorities actively prosecute these cases with stiff penalties.
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