Passport Fraud and Identity Theft - Domingo Antonio Batista Florian Convicted

Miami, FL
December 15, 2009

Jeffrey H. Sloman, Acting United States Attorney
Southern District of Florida

Jeffrey H. Sloman, Acting United States Attorney for the Southern District of Florida, and James M. Foster, Special Agent in Charge, U.S. Department of State, Diplomatic Security Service (“DSS”), announced that defendant Domingo Antonio Batista Florian, 42, was convicted by a jury yesterday of all counts arising from his false application to obtain a U.S. passport. U.S. District Court Judge Jose E. Martinez scheduled sentencing for March 1, 2010 at 1:30 p.m.

More specifically, Batista Florian was convicted of three separate counts arising from his October 3, 2006, application for a U.S. Passport at a U.S. Post Office in Miami. The Indictment charged him with passport fraud, in violation of Title 18, United States Code, Section 1542; impersonation of a U.S. Citizen, in violation of Title 18, United States Code, Section 911; and aggravated identity theft, in violation of Title 18,United States Code, Section 1028A(a)(1).

The evidence and testimony at trial showed that Batista Florian submitted a Puerto Rican birth certificate as proof of citizenship, and a Florida Driver’s License as proof of identity, both in the name of a person whose identity had been stolen. Batista Florian used these identifications to support his application for a U.S. passport. Batista Florian also obtained social security cards and Florida identification cards in the name of another person whose identity had been stolen. Batista Florian used these false identifications and assumed the other person’s identity for three and a half years, until his passport application was questioned and investigated in 2007.

Mr. Sloman commended the collaborative investigative work of DSS, and the U.S. Passport Agency at the Department of State. Mr. Sloman also commended the Social Security Administration, Office of Inspector General, for its substantial assistance in the investigation. The case was prosecuted by Assistant U.S. Attorneys Randy Katz and William D.A. Zerhouni.