Full text
AO 91 (Rev. 11/11) Criminal Complaint
UNITED STATES DISTRICT COURT
for the
__________ District of __________
United States of America
)
)
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v.
Case No.
Defendant(s)
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of
in the county of
in the
District of
, the defendant(s) violated:
Code Section
This criminal complaint is based on these facts:
Continued on the attached sheet.
Complainant¶s signature
Printed name and title
Date:
Judge¶s signature
City and state:
Printed name and title
Western District of New York
MELANIE ARMSTRONG
2 -MJ-
March 30, 2020 - July 15, 2021
Monroe
Western
New York
Title 18, United States Code,
Section 641
Title 18, United States Code,
Section 1343
Title 42, United States Code,
Section 408(a)(7)(B)
Offense Description
Theft of Federal Money
Wire Fraud
Social Security Fraud
See attached affidavit of Special Agent Michael Nunziato, U.S. Department of Labor, Office of Inspector General
Michael Nunziato, U.S. DOL-OIG
Rochester, New York
Hon. Marian W. Payson, U.S. Magistrate Judge
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AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT
I, Michael Nunziato, being duly sworn, depose and say:
1.
I am a Special Agent with the United States Department of Labor, Office of
Inspector General, Office of Investigations - Labor Racketeering and Fraud (“DOL OIG, OI-
LRF”), currently assigned to the Buffalo Field Office. Prior to joining the Department of
Labor, I served as a Special Agent with the United States Department of State, Diplomatic
Security Service (“DSS”). I have been employed as a Special Agent for the United States
Government for 12 years. I completed the Diplomatic Security Training Center's Basic
Special Agent Course and the Federal Law Enforcement Training Center's Criminal
Investigator Training Program where I received specialized training in conducting
investigations of federal offenses. As a part of my official duties, I investigate violations of
the United States Code as they relate to, among other areas, benefit fraud, fraud perpetrated
against the U.S. Government, and identity theft.
2.
This affidavit is made in support of an application for a criminal complaint
charging Melanie Armstrong (“ARMSTRONG”) with theft of money of the United States,
in violation of Title 18, United States Code, Section 641; wire fraud, in violation of Title 18,
United States Code, Section 1343; and Social Security Fraud, in violation of 42 U.S.C.
408(a)(7)(B).
3.
The statements contained in this affidavit are based upon my investigation and
personal knowledge, my interviews with witnesses, my review of official documents and
records, information communicated to me by other law enforcement agents and government
officials, and my training and experience as a Special Agent with the Department of State and
Department of Labor. Because this affidavit is being submitted for the limited purpose of
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securing a criminal complaint, I have not included each and every fact known to me
concerning this investigation.
I.
BACKGROUND
A.
Background on Unemployment Insurance Benefits and the COVID-19
Pandemic
4.
At all times relevant to this affidavit, Unemployment Insurance (“UI”) was a
federal-state program that provided monetary benefits to eligible lawful workers. Although
each state’s state workforce agency (“SWA”) administers its own respective UI program, all
SWAs must do so in accordance with federal laws and regulations. The federal-state
unemployment compensation program was created by the Social Security Act of 1935, and
UI benefits are intended to provide temporary financial assistance to lawful workers who are
unemployed through no fault of their own. The UI compensation program is based upon
Federal law and is primarily funded through the Federal Unemployment Tax Act, but
administered by state employees under state law. Each state sets its own additional
requirements for eligibility, benefit amounts, and length of time benefits can be paid.
Generally, UI weekly benefit amounts are based on a percentage of the recipient’s earnings
over a base period. In New York State, the New York Department of Labor (“NYS DOL”)
administers the UI program.
5.
On March 13, 2020, the President declared the ongoing Coronavirus Disease
2019 (“COVID-19”) pandemic of sufficient severity and magnitude to warrant an emergency
declaration for all states, tribes, territories, and the District of Columbia pursuant to section
501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
§ 5121-5207 (the “Stafford Act”).
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6.
On March 18, 2020, the President signed the Families First Coronavirus
Response Act (“FFCRA”) into law. The FFCRA provides additional flexibility for state UI
agencies and additional administrative funding to respond to the COVID-19 pandemic.
7.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was
signed into law on March 27, 2020. It expands states’ ability to provide UI for many workers
impacted by COVID-19, including for workers who are not ordinarily eligible for UI benefits.
The CARES Act provided for three new UI programs: Pandemic Unemployment Assistance
(“PUA”); Federal Pandemic Unemployment Compensation (“FPUC”); and Pandemic
Emergency Unemployment Compensation (“PEUC”).
8.
The first program, PUA, provides for up to 39 weeks of benefits to individuals
who are self-employed, seeking part-time employment, or otherwise would not qualify for
regular UI or extended benefits under state or federal law or PEUC under section 2107 of the
CARES Act. Coverage includes individuals who have exhausted all rights to regular UI or
extended benefits under state or federal law or PEUC. Under the PUA provisions of the
CARES Act, a person who is a business owner, self-employed worker, independent
contractor, or gig worker can qualify for PUA benefits administered by NYS DOL if he or
she previously performed such work in New York and is unemployed, partially unemployed,
unable to work, or unavailable to work due to a COVID-19 related reason. A PUA claimant
must answer various questions to establish his/her eligibility for PUA benefits. The claimant
must provide his/her name, Social Security Number (“SSN”), and mailing address. The
claimant must also identify a qualifying occupational status and COVID-19 related reason for
being out of work. The eligible timeframe to receive PUA under the CARES Act was from
weeks of unemployment beginning on or after January 27, 2020 through December 31, 2020.
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9.
The second program, PEUC, provided for up to 13 weeks of benefits to
individuals who have exhausted regular UI under state or federal law, have no rights to
regular UI under any other state or federal law, are not receiving UI under the UI laws of
Canada, and are able to work, available for work, and actively seeking work. However, states
must offer flexibility in meeting the “actively seeking work” requirement if individuals are
unable to search for work because of COVID-19, including because of illness, quarantine, or
movement restriction. In New York, the eligible timeframe to receive PEUC benefits under
the CARES Act was from April 5, 2020 through December 31, 2020.
10.
Finally, the third program, FPUC, provides individuals who are collecting
regular UI, PEUC, PUA, and several other forms of UI with an additional $600 per week. In
New York, the eligible timeframe to receive FPUC was from April 5, 2020 through July 31,
2020.
11.
On August 8, 2020, after FPUC expired, the President signed a Presidential
Memorandum authorizing FEMA to use disaster relief funds pursuant to Section 408 Other
Needs Assistance of the Stafford Act to provide supplemental payments for lost wages to help
ease the financial burden on individuals who were unemployed as a result of COVID-19. The
“Lost Wages Assistance Program” (“LWAP”) served as a temporary measure to provide an
additional $300 per week via a total of $44 billion in FEMA funds. The period of assistance
for LWAP was August 1, 2020 to December 27, 2020, or termination of the program,
whichever was sooner.
12.
On December 27, 2020, the President signed the Consolidated Appropriations
Act 2021 into law. Part of the Consolidated Appropriations Act 2021 is the Continued
Assistance for Unemployed Workers Act of 2020 (the “Continued Assistance Act”), which,
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among other funding measures, extended certain UI benefits initially created by the CARES
Act. For example, the Continued Assistance Act: (1) extended PUA and PEUC benefits to
March 14, 2021; and (2) reauthorized and modified FPUC to provide payments of $300 per
week for the period between December 26, 2020 and March 14, 2021. Other Federal
extensions have pushed these expiration dates through September 4, 2021.
B.
Filing for Unemployment Benefits in New York
13.
At all times relevant to this affidavit, there were two primary methods for filings
for unemployment benefits in New York state: online and by telephone. The application
allows New Yorkers to apply just once to receive the correct UI or PUA.
14.
One method for applying for UI in New York is through the NYS DOL
website. Each claimant will need to create a NY.gov online account, which allows the
claimant to receive updates on the account, register for direct deposit, and communicate with
the NYS DOL. This requires the claimant to enter an email address, which New York State
then uses to communicate with the applicant. Once the claimant has a NY.gov account, he
or she can file a claim through the online portal by submitting their full name, Social Security
Number, driver’s license or motor vehicle ID number, Alien registration card (if not a U.S.
citizen), mailing address (including city and ZIP code), phone number, bank account and
routing number, as well as wage and employment information such as New York State
Employer Registration Number, Federal Employer Identification Number (“FEIN”), wage
details, net annual income, and employer’s full name and address.
15.
The other method for filing a claim is by calling the NYS DOL Telephone
Claim Center at 1-888-209-8124. For this method, each claimant still must submit the same
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information identified above for the online application, but the submission is made by
telephone.
16.
After a claimant applies for UI benefits, if eligible, the first payment will
generally be made in two to three weeks from the time the claim is completed and processed.
If the claimant does not choose to have benefits direct deposited to a bank account, he or she
will receive UI benefit payments on a debit card sent via U.S. mail from a third-party
processor and administrator for KeyBank in Illinois. KeyBank is also the originating bank
for New York and other states.
17.
The debit card accrues the UI benefit payments and can be used like other debit
cards and can be used to withdraw unemployment benefits from automated teller machines
(“ATM”) and MasterCard affiliated banks. The debit card also allows claimants to spend UI
directly at retail point-of-sale locations and through online, phone, and mail order purchases.
The bank that provides unemployment insurance debit cards in the state of New York, as well
as other states, is KeyBank.
18.
KeyBank not only handles the issuance of debit cards, but is also the originator
of NYS DOL UI direct deposits to claimant accounts of UI should they select that method
instead. According to Key Bank, prior to paying each claim, whether to a claimant’s account
or to NYS DOL established debit card account, NYS DOL sends data concerning the claim
via the internet from servers in Albany, New York to Key Bank servers in Ohio.
19.
Once a claimant has filed a claim for UI benefits, he or she must also certify
every week that he or she continues to be unemployed and meets the eligibility requirements
to continue to receive benefits. This certification process, like the initial application, can be
done by telephone via the NYS DOL Telephone Claim Center, or online through the NYS
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DOL website. Each of these weekly certifications triggers NYS DOL to send data concerning
the claim via the internet from servers in Albany, New York to Key Bank servers in Ohio.
II.
INVESTIGATION AND FACTUAL BASIS
A.
General
Melanie ARMSTRONG NYS UI
20.
According to NYS DOL records, ARMSTRONG, Date of Birth (“DOB”)
XX/XX/19681, applied for NYS DOL UI benefits on 3/26/2020 through the online
application portal, with an effective date for payment purposes of 3/9/2020.
In her
application, ARMSTRONG certified that she had not worked since 3/17/2020, and she
affirmed that she was filing the claim because of circumstances related to COVID-19. In the
application from 3/26/2020, ARMSTRONG listed her address as 225 Bennington Hills Ct,
West Henrietta, NY 14586 in the Personal Information Part 2. In the Employer Information
section of the application, ARMSTRONG listed her last employer as being self-employed as
a baker, working from her home address of 225 Bennington Hills, Rochester, NY 14586.2
21.
During an interview I conducted with ARMSTRONG on 2/2/22 in her
apartment at 225 Bennington Hills, Rochester, NY 14586, ARMSTRONG denied having
applied for NYS DOL UI benefits. However, beginning on 4/24/2020 Bancorp Bank
(“Bancorp”) account 156102442548 began to receive weekly wired disbursements from NYS
DOL for UI benefits in the amount of $600 for FPUC in the name ARMSTRONG. This
bank account was in ARMSTRONG’s name and Bancorp records list 225 Bennington Hills
1 Full DOBs and SSNs referenced in this complaint are known to agents but are redacted throughout to protect
personal identifying information. The DOB and SSN for each individual are consistent unless otherwise noted.
2 225 Bennington Hills Ct, West Henrietta, NY 14586 and 225 Bennington Hills, Rochester, NY 14586 both refer to
the same location.
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Ct, West Henrietta, NY 14586 as the address associated with the account. Additionally, the
Bancorp account ending in 2548 profile list the email dreamdior777@gmail.com and the
phone number (585)498-0289 as associated with the account. ARMSTRONG had previously
provided this email address and phone number to the leasing company at Bennington Hills
Apartment as valid means of communication. Additionally, during an interview I conducted
with ARMSTRONG on 2/2/22 at her apartment, she verbally provided (585)498-0289 as an
accurate contact number. The amounts received by ARMSTRONG
then
fluctuated during the period she continued to certify for NYS DOL UI and other
unemployment benefits, but in total she received $20,100 between 4/24/2020 and 9/8/2021
22.
In order to continue receiving these disbursements during the stated timeframe,
ARMSTRONG had to certify each week to NYS DOL about her current work status, address
changes, and other matters. As part of those weekly certifications, ARMSTRONG had to
verify that she had not earned over $504 in any given week. As part of the weekly certification
process, ARMSTRONG was also reminded each week to read the NYS Unemployment
Insurance Claimant Handbook which provides details about her responsibilities as a claimant
of NYS UI benefits.
23.
New York State (“NYS”) Department of Motor Vehicles (“DMV”) has
Driver’s License records for ARMSTRONG reflecting a DOB of XX/XX/19683 and address
225 Bennington Hills Ct, West Henrietta, NY 14586. NYS DMV records show the Class D
Driver’s License for ARMSTRONG to have been suspended since 9/15/2021 for failure to
pay driver responsibility assessment. NYS DMV records associate Client ID 338763879 with
M ARSTRONG as well.
3 This is the same DOB that was used for M. Armstrong’s UI benefits, referenced in paragraph 20.
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24.
On 2/2/22, I conducted an interview with the Property Manager for
Bennington Hills Apartments in Henrietta, NY. The interview took place in the Leasing
Office at 340 Bennington Hills Ct, Henrietta, NY 14586. The Property Manager confirmed
that ARMSTRONG has lived at 225 Bennington Ct since 2019. ARMSTRONG provided
telephone number (585)498-0289, and email address of dreamdior777@gmail as contact
information to the leasing office. Listed on her leasing paperwork, ARMSTRONG
acknowledged that her three children, Fantasy, Corion, and Cortez, aged around 16 or 17,
also live in the apartment with her.
25.
The Property Manager stated that ARMSTRONG has not made a payment on
her lease for some time, owing over $11,000 in back housing payments. When asked by the
leasing company, ARMSTRONG claims to not have the ability to pay her housing costs due
to COVID-19, and that she has applied for rent relief programs through Monroe County, NY.
The Property Manager also verified that only ARMSTRONG and her family had lived in that
unit since 2019, and there were no records for Mary THOMAS (THOMAS), DOB
XX/XX/1994 (referenced in paragraphs 34-38, below) or D.M., DOB XX/XX/2001
(referenced in paragraphs 45-47, below), in any of the Bennington Hills Apartment records.
B.
Specific Fraudulent Activity
Fantasy STOKES NYS UI
26.
According to NYS DOL records, an individual claiming to be Fantasy
STOKES (“F STOKES”), DOB XX/XX/1994 applied for NYS UI benefits through the
online portal on 8/11/2020. The application listed the address for F STOKES as 4 Finch St,
Rochester, NY 14613. On a later application update dated 6/17/2021, the application shows
a changed address to 225 Bennington Hills Ct, West Henrietta, NY 14586. NYS DOL created
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KeyBank debit account 07342453619115097 for the purpose of depositing her NYS UI
benefits. The effective date for payment calculation of UI benefits for F STOKES was
6/1/2020, and on 8/14/2020 KeyBank account ending in 5097 received direct deposits for
UI benefits totaling $6,620.
27.
As part of the NYS DOL UI application process, the person claiming to be F
STOKES submitted multiple documents to help confirm their identity, including digital scans
of a Pennsylvania Driver’s License, and a New York State Department of Health
(“NYSDOH”) Certificate of Live Birth. I have examined these documents for authenticity
and found indicators of fraud. The digital scan of the Pennsylvania Driver’s License
submitted as part of F STOKES’ UI benefit application is a clear copy of an exemplar used
on multiple webpages on the publicly accessible Pennsylvania Department of
Transportation’s (“PA DOT”) website. This exemplar was used when PA DOT updated its
Driver’s License design in June 2017 on multiple pages and articles. The model in the picture
in the exemplar matches the image on the scan sent as part of F STOKES’ application, and
other features are exact matches as well. The scanned image that was submitted as part of F
STOKES’ application also had indicators of alteration such as misaligned text strings, the
word “sample” printed on the PA DOT exemplar blacked out on the submitted image, and
opaque text boxes common in amateur document forgeries. Additionally, PA DOT records
show no record for F STOKES with DOB XX/XX/1994. Image 1 shows the scanned image
submitted by the person purporting to be F STOKES, and Image 2 is PA DOT exemplar from
their website:
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IMAGE 1 (redacted by affiant)
IMAGE 2
28.
As part of the NYS UI benefit application, the person purporting to be F
STOKES also submitted a scanned image of a NYSDOH Certificate of Live Birth in the name
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Fantasy Skyy Princess STOKES, with ARMSTRONG listed as the mother, the DOB as
XX/XX/1994, the Medical Record Number of 2420429013, the State File Number of 131-
2004-00070977, and Register Number 6306. There are some slight indicators of digital
manipulation, specifically around the DOB block on the scanned document. A certified copy
of the actual NYSDOH Certificate of Live Birth for Fantasy Skyy Princess STOKES, show
matching State File Number and Register Number, and other matching data elements to the
digital scans submitted, but the DOB on the certified document is XX/XX/2004.
29.
During the COVID-19 pandemic, NYS DOL utilized a third-party identity
verification company called ID.me to help with the large influx of NYS UI benefit applicants.
The person purporting to be F STOKES was contacted and had an online video recorded
identity session with ID.me on June 20, 2021. According to ID.me records, the phone
number associated with this identity verification session was (585)498-0289; this is the same
telephone number previously associated with ARMSTRONG. The individual in the ID.me
video recorded session matches the images of ARMSTRONG in NYS DMV records but does
not closely resemble the picture of F STOKES as seen on the scanned documents provided to
NYS DOL.
30.
As the ID.me session begins, the person on the video confirms that they are
representing themselves as F STOKES, confirms the Social Security Number and DOB of F
STOKES as provided in the submitted scanned documents, as well as other identifiers. The
ID.me interviewer then asks the person representing themselves as F STOKES to present to
the camera the physical documents matching those digitally submitted to NYS DOL. The
individual then holds up to the camera a physical version of the PA driver’s license previously
submitted digitally showing the front. The front of the physical document shows the same
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image of the woman from the PA DOT website exemplars, and when asked to bring it closer
to the camera, the identifying information on it appear to match that of the scanned image.
31.
The ID.me interviewer then asks the person representing themselves as F
STOKES to display the back of the document. At this point, the person drops the document
and appears to need to readjust the camera. She comes back into the frame and shows what
is supposed to be the back of the PA Driver’s License she had previously been displaying, and
the interviewer verifies that this matches what had been submitted as part of F STOKES’ NYS
DOL UI application. In the video, the digital scan of the back of the comparison document
is open as the comparison is taking place. In this comparison image, document number
7H5NCAPT04 is clearly seen, and I recognize the document back to be that of an older NYS
DMV Driver’s License. NYS DMV records associate document number 7H5NCAPT04 with
an expired Driver’s License for Client ID 33876387, which is associated with
ARMSTRONG. The ID.me interviewer confirms that the document the person purporting
to be F STOKES is presenting to him matches the open digital scan already open for
comparison.
32.
Following this portion of the online verification interview, the ID.me
interviewer asks the individual to present the Social Security Administration (“SSA”) Social
Security Card that was used as part of the NYS UI benefit application process. The individual
holds up what appears to be a SSA Social Security Card showing SSN XXX-XX-8047, and
in the name Fantasy Skyy Princess STOKES, with an issue date of 6/12/2019. According to
SSA official records, SSN XXX-XX-8047 is assigned to Fantasy Skyy Princess STOKES,
DOB XX/XX/2004. SSA records also show that on 6/12/2019, the Custodial Mother of
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Fantasy Skyy Princess STOKES applied for and was approved for a reprint of the SSA issued
Social Security Card for her daughter, F STOKES.
33.
Additionally, during the interview I conducted with ARMSTRONG on
2/2/22 at her apartment at 225 Bennington Hills Ct, I presented still images (Images 3 and 4)
directly captured from the ID.me video to ARMSTRONG. These images captured from the
ID.me video were clear stills of the person claiming to be F STOKES while holding the
fabricated PA Driver’s License, and while holding the SSA Social Security Card for F
STOKES:
IMAGE 3 (redacted by affiant)
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IMAGE 4 (redacted by affiant)
I presented these printed images to ARMSTRONG in reference to her NYS DOL UI claim.
ARMSTRONG admitted that it was her in these images.
Mary THOMAS NYS UI
34.
According to NYS DOL records, an individual claiming to be Mary THOMAS
(“THOMAS”), DOB XX/XX/1994, SSN XXX-XX-3227, filed for UI benefits on
10/1/2020, with an effective date of 5/4/2020. The address provided by this individual was
225 Bennington Hills Ct, West Henrietta, NY 14586; the same address provided by
ARMSTRONG and in F STOKES’ application. As previously explained, the Bennington
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Hills Apartment Leasing Office confirmed that they had no record of a Mary THOMAS,
DOB XX/XX/1994, having lived at address 225 Bennington Hills Ct, nor in any other
address in the complex. Included in the UI application was a scanned image of a NYSDOH
Certificate of Live Birth, a scanned image of SSA issued Social Security Card, and a scan of
a NYS Enhanced Driver’s License.
35.
I have examined these identity documents and found numerous indicators of
fraud. The submitted NYSDOH Certificate of Live Birth listed the infant in the name of
Mary THOMAS, and a DOB of XX/XX/1994. The document had unusually opaque text
boxes in some of the fields, indicating some form of manipulation, most obvious in the infant
name text box and the DOB text box. The mother’s last name also looks manipulated, as the
font is larger than the first and middle names. The mother’s name is listed as Melanie Melissa
THOMAS, being the same first and middle name from F STOKES’ official NYSDOH
Certificate of Live Birth. The father’s name on the submitted Certificate of Live Birth for
THOMAS is listed as Japheth Zebulun TOKES. This first and last name of the father matches
the father’s names listed on the official NYSDOH Certificate of Live Birth for F STOKES,
and the last name TOKES is spelled on the submitted document with a lower case first letter
and looks to be a manipulated version of the last name STOKES.
36.
Additionally, the NYSDOH Certificate of Live Birth submitted as part of the
application for THOMAS has the Medical Record Number of 2420429013, the State File
Number of 131-2004-00070977, and Register Number 6306. These reference numbers are
exact matches to the official Certificate of Live Birth for F STOKES provided by the
Department of Public Health, Office of Vital Records for Monroe County, NY. Relatedly,
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the Office of Vital Records for Monroe County, NY did not have any Certificate of Live Birth
for Mary THOMAS in the records.
37.
The application for THOMAS also included a scanned image of a Social
Security Administration Social Security card in the name Mary THOMAS, with the SSN
XXX-XX-3227. Social Security Administration records do not show any assigned SSN for
the name Mary THOMAS and DOB XX/XX/1994, and the records show SSN XXX-XX-
3227 assigned to a different individual.
38.
This application for THOMAS caused NYS DOL to open a Key Bank account
07342453621748299 for the purpose of depositing NYS UI benefits. Despite the application
making it through the initial phases, even triggering the establishment of the deposit account,
no funds were deposited before NYS DOL froze the account for fraud.
Corion STOKES
39.
According to NYS DOL records, an individual claiming to be Corion
STOKES, DOB XX/XX/1994 applied for NYS UI benefits on 7/29/2020. The address listed
on the application was 4 Finch St, Rochester, NY 14613. The effective claim date for this
application was 4/6/2020, and from benefit release date 8/18/2020 to 8/2/2021, NYS DOL
paid $42,296 UI benefits to the individual claiming to be Corion STOKES. As part of the
application, the person claiming to be Corion STOKES submitted a digital scan of an
Enhanced NYS Driver’s License in the name Corion STOKES, with ID number 786 554 498.
The scanned NYS license image also lists Corion STOKES’ sex as male. Additionally, a
scanned image of a NYSDOH Certificate of Live Birth in the name Corion STOKES, with
DOB XX/XX/1994, Register Number 3283, State File Number 131-2005-00041192 was also
submitted.
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40.
I have examined the scanned document images submitted as part of Corion
STOKES’ application and found multiple indicators of document fraud. The scanned image
of the Enhanced NYS Driver’s License has an opaque text box where the ID number is listed
where on a legitimate document there is no distinct text box. Additionally, the overall
appearance of the image appears to be a digital template rather than a scan of a physical
Enhanced NYS Driver’s License. Relatedly, NYS DMV has no record of a Corion STOKES
with DOB XX/XX/1994, nor of any NYS DL with ID number 786 554 498.
41.
I also examined the scanned image of the NYSDOH Certificate of Live Birth
submitted as part of the NYS UI application for Corion STOKES. ARMSTRONG is listed
on the scanned image as the mother. The scanned image shows indicators of manipulation,
specifically in the infant information box which has an opaque background on some of the
birthdate numerals that stand out from the rest of the document. Additionally, the NYSDOH
official Certificate of Live Birth for Corion STOKES has the Register Number 3283, the State
File Number 131-2005-00041192, and lists ARMSTRONG as the mother, all of which match
the scanned image submitted for Corion STOKES to NYS DOL. However, the official
NYSDOH Certificate of Live Birth for Corion STOKES has the DOB listed as XX/XX/2005,
which does not match the DOB listed on the submitted Certificate of Live Birth – specifically,
the month and day are the same, but the year is different. The DOB of XX/XX/2005 from
the official NYSDOH Certificate of Live Birth for Corion STOKES would have made him
15 years old at the time of the NYS DOL UI application, which would be too young to receive
these benefits.
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Cortez STOKES
42.
According to NYS DOL records, an individual claiming to be Cortez
STOKES, DOB XX/XX/1994 applied for NYS UI benefits on 7/17/2020. The address listed
on the application was 4 Finch St, Rochester, NY 14613. The effective claim date for this
application was 3/30/2020, and from benefit release date 8/12/2020 to 8/2/2021, NYS DOL
paid $42,711 UI benefits to the individual claiming to be Cortez STOKES. As part of the
application, the person claiming to be Cortez STOKES submitted a digital scan of an
Enhanced NYS Driver’s License in the name Cortez STOKES, with ID number 183 425 118.
Additionally, a scanned image of a NYSDOH Certificate of Live Birth in the name Cortez
STOKES, with DOB XX/XX/1994, and Medical Record Number 2511631575 was also
submitted.
43.
I have examined the scanned document images submitted as part of Cortez
STOKES’ application and found multiple indicators of document fraud. The scanned image
of the Enhanced NYS Driver’s License has an opaque text box where the ID number is listed
where on a legitimate document there is no distinct text box. Additionally, the overall
appearance of the image appears to be a digital template rather than a scan of a physical
Enhanced NYS Driver’s License. Relatedly, NYS DMV has no record of a Cortez STOKES
with DOB XX/XX/1994, nor of any NYS Driver’s License with ID number 183 425 118.
44.
I also examined the scanned image of the NYSDOH Certificate of Live Birth
submitted as part of the Cortez STOKES’ NYS UI application. ARMSTRONG is listed on
the scanned image as the mother. The scanned image shows indicators of manipulation,
specifically in the infant information box which has an opaque background on some of the
birthdate numerals, as well as a size differential that make them stand out from the rest of the
Case 6:23-mj-04056-MWP Document 1 Filed 03/13/23 Page 20 of 26
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document. The scanned image also has ghost text images in the background of the word
VOID likely invalidating this copy of the Certificate of Live Birth. Additionally, NYSDOH
official Certificate of Live Birth for Cortez STOKES has the Register Number 3283, the State
File Number 131-2005-00041192, and lists ARMSTRONG as the mother, all of which match
the scanned image submitted for Cortez STOKES to NYS DOL. However, the official
NYSDOH Certificate of Live Birth for Cortez STOKES has the DOB listed as XX/XX/2005,
which does not match the DOB listed on the submitted Certificate of Live Birth; the day and
month are the same, but the year is different. The DOB of XX/XX/2005 from the official
NYSDOH Certificate of Live Birth for Cortez STOKES would have made him 15 years old
at the time of the NYS DOL UI application, which would be too young to receive these
benefits.
D.M.4
45.
According to NYS DOL records, D.M., DOB XX/XX/2001, applied for NYS
DOL UI benefits on 10/22/2020, with an effective date of 5/18/2020. The address provided
on the application for D.M. was 225 Bennington Hills Ct, West Henrietta, NY 14586. As part
of the application, the person claiming to be D.M. submitted photographs of a NYS DMV
Identification Card in the name D.M. and address of 82 Patrician Dr N, Rochester, NY
14623. Additionally, the individual submitted photographs of a SSA Social Security Card in
the name D.M., SSN XXX-XX-3838, and of a NYSDOH Certificate of Live Birth in the name
D.M., with DOB XX/XX/2001. From benefit release date 11/9/2020 to 7/30/2021, NYS
DOL paid out $28,084 to the individual claiming to be D.M..
4 D.M.’s full name is known to agents but is being withheld from this affidavit.
Case 6:23-mj-04056-MWP Document 1 Filed 03/13/23 Page 21 of 26
21
46.
Further investigation showed that someone claiming to be the true D.M. was
contacting NYS DOL regarding their inability to claim UI benefits. I interviewed the actual
D.M. on 2/18/2022 in her residence at address 82 Patrician Dr N, Rochester, NY 14623.
D.M. produced what appeared to be the legitimate physical documents that had been
photographed, scanned, and submitted in the fraudulent application. These documents
include the NYS DMV Identification Card, NSYSDOH Certificate of Live Birth, and the
SSA Social Security Card, all matching the photos of the documents submitted on
10/22/2020.
47.
During the interview, D.M. explained that she attempted to log into the NYS
DOL UI system in November 2020 to claim UI benefits, but the system informed her that her
SSN was already in use, despite D.M. confirming that she had not applied for NYS UI
benefits previously. D.M. stated that she did not give anyone permission to use her identity
documents, nor did she give anyone permission to apply for NYS UI benefits in her name.
D.M. confirmed that she had never been to 225 Bennington Hills Ct, West Henrietta, NY
14586, and that she had never heard of nor met ARMSTRONG or any of her children.
Following this interview, further examination of digital records presents evidence that
ARMSTRONG was logging into the NYS DOL UI system and certifying not only as D.M.,
but other previously mentioned victims.
Internet Protocol (IP) Address Examination
48.
As previously described, beneficiaries of NYS DOL UI benefits must certify
weekly that they are still eligible to receive UI benefits. One of the most common ways
beneficiaries certify is by logging into the NYS DOL UI system to execute their weekly
certifications through the internet, and then answering a standard set of certification
Case 6:23-mj-04056-MWP Document 1 Filed 03/13/23 Page 22 of 26
22
questions. When a beneficiary logs into their account, the NYS DOL system records their
internet protocol (IP) address. An IP address is a unique address that identifies a device on
the internet or a local network. Generally, an IP address is static for a connection and location,
but an individual can log into the NYS DOL UI system from any internet connected location
or mobile device.
49.
I examined the IP data from NYS DOL for D.M.’s UI account. There are a
number of different IP addresses, but some of the IP addresses recorded for D.M.’s logins
were also recorded as login IP addresses for other accounts including ARMSTRONG, F
STOKES, Mary THOMAS, Corion STOKES, and Cortez STOKES. When looking at this
grouping of individual claimants, IP address 72.230.142.101 stood out from the others as
having the most logins and timestamped events in the NYS DOL UI system. This IP address
had 551 logins or timestamped events in the NYS DOL UI system between the dates between
1/2/2021 and 7/16/2021.
50.
Of the 551 login or timestamped events in the NYS DOL UI system from IP
address 72.230.142.101, 184 of the logins or timestamped events were for the accounts of F
STOKES, 119 for ARMSTRONG, 62 for Corion STOKES, 44 for Cortez STOKES, 38 times
for D.M., and 2 for Mary THOMAS. Many of these logins and timestamped events were
grouped on the same dates and nearly cotemporaneous. The IP address 72.230.142.101 is
attributed to telecommunication company Charter Communications. According to their
records for the period 11/28/2020 to at least 7/17/2020, the subscriber Service Address and
Billing Address for that IP address is 225 Bennington Hills Ct, West Henrietta, NY 14586,
and the subscriber contact phone number for the account is (585)498-0298. This is
ARMSTRONG’s address and phone number. According to Charter Communications
Case 6:23-mj-04056-MWP Document 1 Filed 03/13/23 Page 23 of 26
23
records, the Subscriber Name on this account is Summer HOUSTON. Commercial database
checks return a small record of a Summer HOUSTON, DOB XX/XX/1998 being associated
with address 225 Bennington Hills Ct, West Henrietta, NY 14586. However, this association
between Summer HOUSTON and that address appears to be through a couple businesses
that used 225 Bennington Hills Ct, West Henrietta, NY 14586 as their address, and
ARMSTRONG was also associated with these businesses. Additionally, NYS DMV has no
record of Summer HOUSTON with DOB XX/XX/1998. In the aggregate, this information
implies Summer HOUSTON was another alias used by ARMSTRONG.
51.
Excerpts from the IP address data are especially illustrative and have been
extracted herein. The first excerpt shows a login from IP address 72.230.142.101 for D.M. on
2/3/2021 at 07:18:52:841. From the same IP address of 72.230.142.101, there is a
timestamped log into the NYS DOL UI system for ARMSTRONG’s account less than three
minutes later at 07:21:48:87. That same day of 2/3/2021 and from the same IP address of
72.230.142.101, there was another timestamped log into the system for ARMSTRONG at
10:26:17:22. Less than four minutes later, from the same IP address there was a timestamped
log into the system for the D.M. account, followed less than two minutes later by a log into
the Corion STOKES account from the same IP address as well. This grouping indicates that
IP ADDRESS
TIME
STAMP
SSN
FNAM
LNAM
STREET
CITY
ST
72.230.142.101
2021-02-03
07:18:52:841
116903838
D
M
82 PATRICIAN
DRIVE NORTH
ROCHESTER
NY
72.230.142.101
2021-02-03
07:21:48:87
077603414
MELANIE
ARMSTRONG
225
BENNINGTON
HILLS CT
WEST
HENRIETTA
NY
72.230.142.101
2021-02-03
10:26:17:22
077603414
MELANIE
ARMSTRONG
225
BENNINGTON
HILLS CT
WEST
HENRIETTA
NY
72.230.142.101
2021-02-03
10:30:00:598
116903838
D
M
82 PATRICIAN
DRIVE NORTH
ROCHESTER
NY
72.230.142.101
2021-02-03
10:31:10:75
103943550
CORION
STOKES
225
BENNINGTON
HILLS CT
WEST
HENRIETTA
NY
Case 6:23-mj-04056-MWP Document 1 Filed 03/13/23 Page 24 of 26
Case 6:23-mj-04056-MWP Document 1 Filed 03/13/23 Page 25 of 26
25
benefits under their identities. Additionally, once she began to defraud the
NYS DOL UI program, ARMSTRONG did not disclose the increase in income from
the
fraudulent
accounts
during
weekly
certifications.
As
such,
Melanie
ARMSTRONG
received
$131,400.10 in fraudulent funds, and violated Title 18, United
States Code, Sections 641 and 1343, and Title 42, United States Code, Section 408(a)(7)(B).
I respectfully request that the Court issue the proposed criminal complaint. I further
respectfully request that the Court order that the proposed complaint, this affidavit, and
the requested arrest warrant remain sealed until such time as Melanie ARMSTRONG is
arrested.
______________________________
Michael Nunziato, Special Agent
U.S. Dept. of Labor, Office of Inspector
General
Affidavit submitted electronically by email
in .pdf format. Oath administered, and contents
and signature, attested to me as true and accurate
telephonically pursuant to Fed. R. Crim.P. 4.1 and 4 (d) on:
This ____day of March 2023.
_____________________________________
HON. MARIAN W. PAYSON
United States Magistrate Judge
___
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