A MAN WHO obtained false identity documents in order to work legitimately has been given an 18-month suspended sentence.

Jostiel Dias Da Silva (31), of The Chestnut, Grattan Woods, Dublin 13 pleaded guilty to possession of a false instrument on 15 June 2023.

He further pleaded to using a false instrument to open a bank account in March 2021 and to facilitating the obtaining of a false instrument in October 2020.

Da Silva was identified following a multi-agency search of an employer in June 2020 as part of an ongoing investigation into the status of its workers.

He admitted possession of the false identity documents, which he used to obtain a PPS number, gain employment and open a bank account. He also said he acted as a middleman for a false Spanish passport to be obtained for another person.

Dublin Circuit Criminal Court heard Da Silva was working legitimately at the time and paying taxes, though under a false name. Da Silva’s immigration status has changed and he is now working legally for a new employer.

Imposing sentence today, Judge Orla Crowe accepted that Da Silva was not the target of the original garda operation and that he accepted ownership of the items that he was caught with.

The judge acknowledged that Da Silva had paid taxes and was contributing to society in this regard.

Judge Crowe said the case warranted a headline sentence of two years before she imposed an 18-month sentence which she suspended in full on strict conditions.

Detective Garda Lorraine Travers told John Moher BL, prosecuting that a multi-agency search was carried out at a workplace in June 2020 as part of an ongoing investigation into the status of its workers.

As part of the search, a phone was seized from a manager, who was identified in court as ‘Mr X’.

A series of messages between Mr X and Da Silva were found when the phone was analysed. The court heard that the messages discussed obtaining a false Spanish passport for Mr X’s nephew, with Da Silva acting as a middleman.

Da Silva’s home was searched on 15 June 2020 during which three false identification documents – an Italian passport, Portuguese driving licence and Portuguese passport – were found.

The defendant was co-operative with gardai during the search and following his arrest.

During interview, Da Silva admitted possession of the false documents in order to obtain work. He outlined that he is a Brazilian national, who did not have permission to work. He said he sought an alternative identity in order to take up work.

Da Silva also accepted he was in communication with Mr X about obtaining a false Spanish identification document. He said he was the middleman between Mr X and the document maker and made no personal financial gain.

He said Mr X called him into his office and asked him to get in touch with the false document maker. The defendant told gardai he thought Mr X didn’t want to deal with the document maker, so he did as he was asked.

Det Gda Travers told the court gardaí are satisfied Da Silva isn’t the document maker.

He admitted possession of a false Italian passport, which was used by his brother to gain employment. Da Silva said he had used this passport to open a bank account.

Da Silva also admitted possession of a Portuguese passport in a false name, which he had used to obtain a PPS number and to get work.

He accepted he had been working under a false name, but told gardaí he had since obtained a PPS number under his own name and was legitimately working for a new employer.

Da Silva has two previous minor convictions for road traffic offences.

Det Gda Travers agreed with Brian Gageby BL, defending, that the investigation into the employer started due to concerns about the employment of non-nationals.

The garda further agreed that Da Silva obtained false documents in order to get work, a PPS number and to open a bank account. It was also accepted that Da Silva was employed legitimately and paying taxes, but under a false name.

Det Gda Travers agreed Da Silva has never claimed benefits in his own name or a false one.

The witness confirmed that Da Silva’s current immigration status allows him to work and he is legally working for a new employer.

Gageby said his client came to Ireland in 2017 “seeking a better life” and has always worked here, even when he was not entitled to do so.

He noted that “identify theft of this kind is serious as it disrupts the activity of State knowing who’s who and what they are entitled to”.

Counsel suggested that his client became involved in this fraud for the purpose of getting work and paying tax, not to claim benefits.

Several testimonials were handed to the court. Da Silva’s partner was in court to support him.

Gageby asked the court to consider his client’s culpability, and submitted he was exploited to some extent.