False Identification—18 U.S.C. § 1028

The False Identification Crime Control Act of 1982 created 18 U.S.C. § 1028 (Fraud and Related Activity in Connection with Identification Documents) and 18 U.S.C. § 1738 (Mailing Private Identification Documents without a Disclaimer).

Sections 1028 and 1738 of Title 18 do not specifically assign investigative responsibility guidelines for the federal investigative agencies. Primary investigative authority for state and foreign government identification documents is assigned to the Secret Service. In regard to 18 U.S.C. § 1738, the Postal Inspection Service has investigative responsibility when the private identification document was transported through the United States mails; otherwise the FBI has investigative jurisdiction over 18 U.S.C. § 1738 violations. The Fraud Section of the Criminal Division has supervisory authority over cases involving prosecutions under sections 1028 and 1738.

[updated January 2020]