What are the penalties for using a false Social Security number or card in the United States?
Executive summary
Using a false Social Security number or card can trigger a range of federal criminal penalties — from misdemeanors with small fines and up to one year in jail to felony charges carrying multi‑year prison terms, substantial fines, restitution, and aggravating consecutive sentences when identity‑theft statutes apply (Social Security Act §1107; 42 U.S.C. §408; 42 U.S.C. §1632) [1] [2] [3]. Prosecutors also frequently seek restitution and may stack offenses (Justice Manual; OIG case) while enforcement priorities and actual charging choices vary by circumstance, intent, and whether the false SSN was used to obtain benefits, work, or other goods or services [4] [5] [6].
1. The baseline misdemeanor: false representations to elicit information
A narrow set of false representations tied to eliciting Social Security information is treated as a misdemeanor under the Social Security Act, punishable by a fine not exceeding $1,000 or imprisonment up to one year, or both, reflecting Congress’s baseline sanction for certain false statements about Social Security matters (Social Security Act §1107) [1].
2. Felony exposure under the Social Security Act and related statutes
Broader and more consequential offenses — including using an SSN obtained through false information, furnishing false identity information to establish SSA records, or making material false statements to obtain benefits — are covered by 42 U.S.C. §408 and related provisions and can be charged as felonies with prison terms and fines that exceed misdemeanor limits [2] [6] [7]. The Department of Justice’s criminal manual highlights that §408’s felony provisions target misuse of SSNs to obtain benefits and other material frauds against SSA programs [4].
3. Typical maximum penalties and statutory ranges
Several statutes referenced by SSA and courts set maximums of roughly five years’ imprisonment for serious false‑statement or SSN misuse offenses, and other provisions contemplate fines and imprisonment “or both”; for example, 42 U.S.C. §1632 and related Social Security provisions list fines and imprisonment up to five years for knowing, willful false statements in benefit claims or records [3] [8]. Practice guides and defense materials commonly cite a maximum sentence of five years for certain §408 offenses, while noting variability by subsection and factual context [9] [10].
4. Aggravating statutes: identity‑theft and stacked penalties
Where a false SSN is used as part of identity theft or to commit another federal offense, defendants can face aggravated identity‑theft charges that carry mandatory consecutive prison terms (commonly a two‑year consecutive sentence under federal identity‑theft law) and other statutes that increase exposure; defense and prosecutor materials describe these stackable consequences and the severe outcomes when identity misuse is central to another crime [9] [11].
5. Restitution, civil penalties, and prosecutorial discretion
Prosecutors frequently seek restitution and civil monetary remedies in addition to criminal penalties; the SSA Office of Inspector General’s recent case shows a plea incorporating repayment of six‑figure fraud proceeds as part of resolution (restitution $130,632.80 in a 2026 OIG matter) [5]. HALLEX and SSA guidance reiterate that violations can produce fines, imprisonment, or both, and that OIG and DOJ coordinate enforcement and civil recoveries [6] [12].
6. Real‑world charging practice and nuance
Although statutes permit serious criminal sanctions, enforcement practices vary: some advocacy and legal groups note that routine presentation of a false SSN card to an employer (I‑9 context) has in practice resulted in relatively low prosecution rates absent aggravating factors, while employers who knowingly accept false SSNs may face separate civil or criminal exposure under immigration law [13]. The Justice Manual and SSA guidance show officials prioritize cases involving significant loss, systematic fraud, or willful deception to obtain benefits [4] [12].
7. Bottom line for exposure and risk
Using a false Social Security number or card risks a spectrum of penalties — from misdemeanor fines and up to one year in jail for certain false representations, to felony prosecution with up to about five years’ imprisonment (and higher fines or statutes with up to $25,000 and five years in some provisions), mandatory consecutive sentences when identity‑theft laws apply, and likely restitution if benefits were obtained — with actual outcomes driven by the precise statute charged, the defendant’s intent, the financial loss, and prosecutorial discretion [1] [3] [8] [9] [5].