I have an SEC complaint
filed but no charges. Subsequently I was arrested at LAX under a warrant for alledged passport fraud. At the Bail hearing the prosecution tried to link the SEC allegations to the Passport Case. My first question is: How much evidence or allegation is transferable from a Civil Case pending but subject to A Motion for Summary Judgement to the Felony Case for which I have yet to be indited?
Both agencies have signalled that they wish to do a "deal" but to date in the former the terms have been unacceptable. In the latter there has been no meaningful dialogue because in my judgement if the SEC Complaint went away so would the allegation of passport fraud.
The following provides the background to the passport allegation which as a felony naturally is more worrying:
The change in passport name was to my husbands name . Under the married name I had made an application for a specialist work visa in UK. It was in process but I needed the passport in my married name. My regular passport todate was in my maiden name. I have never had a social security card that shows my married name , I have never had a birth certificate that shows anything other than my true information, and I have never knowingly provided any incorrect info on any Government document or application. When applying for the passport at the counter, I produced:
My valid current passport in my maiden name
My marriage certificate to support the name change to my husband, which also shows my maiden name.
My FL driving license in my married name
A Birth certificate I believed to be mine which I did not review
A passport application to get a second passport because of the upcoming UK permanent visa application, also which I did not review
I turned up in my maiden name changing my name to my married name as always planned in order to get my final UK visa. There is NOTHING unusual about this and no reason to suggest I was trying to be anyone other than myself.
I was requested to obtain a new birth certificate because the one I submitted was apparently a copy and not an original. I was also requested to present a copy of my social security card with the replacement birthcertificate.
By this time I needed to be in UK and new that I could apply at the US Embassy. When I went to apply at the US embassy, I was advised to get a new 10 year and the new 2 year. I was given applications to fill out, which I was able to do correctly without any problems. I provided my passport again and my marriage certificate and the new birth certificate and FL driving license. All was in good order and I was told to return in 10 days to pick up the two passports. In the event a passport was issued in my married name to facilitate the UK visa application. Subsequently it was recovered from the UK authorities on the ground there was passport fraud.So there is no way any of my actions can threaten anyone now or in the future and there is no gain to the US Government or me or anyone else by prosecuting me for whatever mistakes have been made. No gain or injury to any party – except the injury to me that these proceedings have caused.
My second question is what options or strategy do I have for plea bargaining. How compelling is my position? I consider I could only accommodate a minor misdemeanour or dismissal otherwise if the prosecution will not drop the case I see no alternative to trial
with the attendant risks