18 U.S.C. § 1542False Statement in
for Passport and Use of a Passport Fraudulently Obtained
Section 1542 of Title 18 proscribes both false statements made to
a passport, and use of any passport so obtained.|
The false statement against which this section is most commonly used is
use of a false name in obtaining a passport. United States citizens attempt
obtain passports using false names in order to conceal criminal activity. A
problem of proof can arise when the passport applicant has routinely used
and now seeks to obtain a passport in one of those aliases. See,
United States v. O'Bryant, 775 F.2d 1528 (11th Cir.1985); United
v. Cox, 593 F.2d 46 (6th Cir.1979); United States v.
641 F.2d 326 (5th Cir.1981), aff'd, 464 U.S. 932 (1984).
Browder v. United States, 312 U.S. 335 (1941), is the leading
on use of a passport, the application for which contained a false
Browder obtained a passport in his real name, but in the portion of the
application asking when his last passport was obtained, he falsely stated,
"none." This statement was false because he had previously obtained a
in a false name. He then used the new passport to enter the United States.
Supreme Court upheld Browder's conviction under 18 U.S.C. § 1542 for
use of a passport secured by a false statement. See 53 A.L.R.Fed.
The Illegal Immigration Reform and Immigrant Responsibility Act
amended this statute to provide for enhanced penalties if the offense was
committed to facilitate an act of international terrorism or a drug
[cited in USAM 9-73.600]