B.C. a major centre for fake IDs: Border Services
Chad Skelton
Canwest News Service
Monday, March 10, 2008
VANCOUVER - British Columbia has become an international centre for the production of fake ID cards, and a "loophole" in Canadian law means police in the province are largely powerless to stop it, according to an internal report by the Canada Border Services Agency.
"Several producers of counterfeit documents appear to be operating in British Columbia," states the CBSA report, obtained by The Vancouver Sun through the Access to Information Act. "Unfortunately, police agencies have found these activities difficult to prevent."
The problem, according to the CBSA report, is that under the Criminal Code, someone can only be found guilty of forgery if police can prove they intended their product to be used as a fake.
"Canadian counterfeiters are well aware of this loophole, and use euphemisms ('novelty ID,' 'for entertainment only') and/or lengthy disclaimers in order to circumvent the law," the report states.
A B.C. man who sold "novelty" IDs online was successfully convicted of forgery in 2005. But such cases are rare.
Nanaimo RCMP spokeswoman Const. Jen Allan said her detachment launched an investigation in January into a Nanaimo-based website offering fake U.S. drivers licences - fakeidpro.com - but dropped the case after deciding it couldn't prove intent.
"The disclaimer on the website basically relinquishes the company from any guilt, in that they're very clear that the use of the ID is. . . for entertainment purposes only," said Allan.
The fact the site still sells fake IDs bothers police, said Allan, because the cards could be used by minors to buy alcohol, or make it easier for criminals to commit identity theft.
"Obviously this company cannot ensure that these IDs, novelty or whatever, aren't being used for illegal activity," she said.
While police have had difficulty pursuing criminal charges against makers of fake ID, the Immigration and Refugee Protection Act gives CBSA some authority to prevent the import and export of forged documents.
Using those powers, CBSA has begun seizing order forms for fake ID mailed to B.C. from outside Canada.
In 2006, CBSA made 45 such seizures involving 55 requests for fake IDs. In 2007, it made 89 seizures covering 117 orders.
"Nearly all Canadian addresses currently identified in connection with mail-order 'novelty' identification are located in south-western B.C.," the report states.
At least a half-dozen slick B.C.-based websites sell fake ID cards online - primarily U.S. drivers licences - although many receive orders at the same post office box in Nanaimo, suggesting the sites may be linked to the same person.
All the sites insist their cards are novelty items. But they charge between $69 and $100 per card and stress how realistic they look - including magnetic strips encoded with the cardholder's name and holographic images.
One site using a Nanaimo post office box, fakeidcenter.com, even boasts it has a "proven reputation," noting how it has been referred to by name in articles and books about identity theft.
Its order form also includes a warning to customers: "Do not write the words 'drivers license' anywhere on this order form or it may be seized by customs."
An email sent to the site's operator did not receive a response.
While police say it is difficult for them to go after producers of fake ID, there is some legal precedent for doing so.
In 2005, B.C. Supreme Court Justice Eric Rice found Mahmood Sommani guilty of four forgery-related charges for offering realistic "novelty" IDs out of a Vancouver office.
"The manner in which he conducted his business amounted virtually to an invitation to people to obtain forged documents for illegal purposes," Rice wrote, sentencing Sommani to six months in jail.
Sommani's conviction was upheld by the B.C. Court of Appeal last year.
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