What constitutes SSN fraud under US law?
Executive summary
Social Security number (SSN) fraud under U.S. law encompasses a range of criminal acts that center on obtaining, using, altering, or misrepresenting SSNs or related information to deceive the Social Security Administration (SSA) or other entities and secure money, benefits, or other advantages [1][2]. Federal statutes and agency rules treat false personation, using an SSN issued on false information, concealing facts that affect benefit eligibility, and trafficking in cards or numbers as core violations [3][1].
1. What the statutes actually criminalize
The Social Security Act and implementing criminal statutes make it unlawful to willfully and knowingly use an SSN assigned by the Commissioner that was obtained through false information, to falsely represent a number as another’s SSN, or to make material false statements affecting SSA functions — all done with intent to deceive [2][3]. Section 208 and related provisions also criminalize concealing information that affects benefit eligibility or the amount of payments and authorize penalties for false personation and misuse [4][5].
2. Common factual patterns prosecutors pursue
Prosecutions typically allege schemes such as obtaining an SSN by submitting false identity documents, using someone else’s SSN to work or to apply for benefits, employing multiple SSNs to secure duplicate payments or hide income, and altering, buying, selling, or counterfeiting Social Security cards [1][6][7]. The DOJ and SSA investigative guidance highlight patterns where SSNs enable duplicate payments or concealment of employment and wages — central harms that trigger enforcement interest [6][7].
3. The role of intent and materiality
A consistent statutory thread is intent: crimes require willful, knowing conduct with intent to deceive or to obtain benefits or information [2][3]. Material misrepresentations — false statements or omissions that affect entitlement, payment amount, or recordkeeping — are the predicate for many charges under 42 U.S.C. §408 and related provisions [8][2].
4. Agency authority, investigations, and penalties
The SSA’s Office of the Inspector General (OIG) has authority to investigate allegations of fraud, coordinate with law enforcement, and refer criminal matters; the SSA and OIG can impose civil and criminal penalties and pursue recoupment for improper payments [9][10][5]. Federal guidance encourages prosecution of SSN violations even where monetary loss is limited because misuse undermines program integrity [6].
5. Non-criminal misuse, privacy rules, and administrative limits
Not every improper disclosure or use of an SSN is prosecuted as a felony; statutory and regulatory frameworks — such as the Social Security Number Fraud Prevention Act rules governing disclosure and mailing of SSNs — also create civil and administrative remedies and privacy limits on SSN handling [11][12]. Agencies may impose administrative restrictions, and Congress has layered civil penalties and procedural requirements aimed at prevention [11][12].
6. How criminal and civil tracks can overlap or diverge
Conduct like identity theft or mail fraud may be charged alongside specific Social Security offenses, and civil recovery for overpayments or administrative sanctions can proceed even if criminal prosecution does not; congressional and DOJ materials note this overlap and encourage prosecutors to pursue SSN violations that affect program integrity [13][5][6]. Enforcement priorities often hinge on scale, program impact, and available evidence, meaning identical acts can trigger different legal responses.
7. Gaps, debates, and reporting limits
Reporting and legal guides emphasize enforcement priorities but do not comprehensively define every scenario that will or will not be prosecuted; available sources document common offenses and statutes but do not catalogue every prosecutorial discretion factor or all sentencing outcomes [7][5]. Where nuance matters — such as immigrant access to numbers, identity-repair steps, or evolving prosecutorial guidelines — the public materials consulted here are instructive but not exhaustive [14][11].