Billings man sentenced to 7 months in prison for passport fraud

BILLINGS - An illegal alien who lived in Billings and assumed the identity of a U.S. citizen was sentenced today to approximately 7 months in prison to be followed by 3 years of supervised release, U.S. Attorney Kurt Alme said.

Diego Xiap, 48, pleaded guilty in January 2025 to one count of making a false statement in a passport application.

U.S. District Judge Susan P. Watters presided.

The government alleged in court documents that on February 3, 2021, Xiap, claiming to be John Doe 1, submitted Form DS-11, Application for a U.S. Passport at the post office in Billings. For proof of identity, Xiap used a Montana driver license number that belonged to John Doe 1, issued May 8, 2020, which was set to expire on November 9, 2027. For proof of citizenship, Xiap submitted a birth certificate filed on November 9, 1976, and issued on May 1, 2003.

Xiap's application was deemed suspicious and eventually referred to a Diplomatic Security Service (DSS) Special Agent for investigation. The Agent quickly determined that Xiap, who appeared to have been living under John Doe 1's identity for approximately 30 years, was not actually John Doe 1. The real John Doe 1 was born in Puerto Rico and has lived there his entire life. There are photos of Doe 1 in government records in Puerto Rico and he bears no resemblance to Xiap. Another DSS agent in Puerto Rico talked to John Doe 1's brother and showed him photos of Doe 1 and Xiap. Doe 1's brother immediately identified Doe 1 and said he had no idea who Xiap was. Further investigation revealed an Oregon Work ID card issued in the 1990s that was used by Xiap, but bearing the name of yet another different person, John Doe 2.

On April 24, 2024, the DSS agent tracked down Xiap in Billings. Initially, Xiap fled from his job when the agent showed up, but the agent was able to find him at home. Xiap gave a statement insisting he was really John Doe 1 but had no knowledge of any of his relatives or history in Puerto Rico. Xiap then told the agent he might tell the real story but needed to speak to an attorney first. The interview was terminated.

Assistant U.S. Attorney Colin Rubich prosecuted the case. The investigation was conducted by the Diplomatic Security Service.