Rule 5(c)(3) Affidavit — United States v. Dary Alberto Fermin (S.D.N.Y., Dkt. 1, September 10, 2020)
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Rule 5(c)(3) Affidavit filed 09/10/20 in the Southern District of New York, United States of America v. Dary Alberto Fermin, sworn by Jason Cooper, a Special Agent with Department of Homeland Security Investigations. It states that on or about September 1, 2020, the Eastern District of Pennsylvania issued an arrest warrant on a complaint charging Title 18, United States Code, Sections 371, 2314 and 1028A, and that Fermin was arrested on September 10, 2020 in the Bronx, New York. The agent bases identity on a comparison of surveillance photographs and on an identification card in the name of Dary A. Fermin. The attached complaint describes a conspiracy from January 2019 until November 2019 to obtain loans using false identities to purchase vehicles.
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“Rule 5(c)(3) Affidavit — United States v. Dary Alberto Fermin (S.D.N.Y., Dkt. 1, September 10, 2020).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-mj-09667-dkt-1-s-d-n-y-b558ac4cd6/
, SHA-256 943df6165bbd3d67d02ac12bb17b71ee0c823785718c4d953d1ff3e95b1db5d3.Full text
Case 1:20-mj-09667-UA Document 1 Filed 09/10/20 Page 1 of 7
Approved: ________________________________
THOMAS S. BURNETT
Assistant United States Attorney
Before: THE HONORABLE DEBRA FREEMAN
United States Magistrate Judge
Southern District of New York
20M9667
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: 20 Mag._______
UNITED STATES OF AMERICA
:
: RULE 5(c)(3)
- v. -
: AFFIDAVIT
:
DARY ALBERTO FERMIN,
:
:
Defendant.
:
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SOUTHERN DISTRICT OF NEW YORK, ss:
JASON COOPER, being duly sworn, deposes and says that he
is a Special Agent with Department of Homeland Security
Investigations and charges as follows:
On or about September 1, 2020, the United States District
Court for the Eastern District of Pennsylvania issued a warrant
for the arrest of “Dary Alberto Fermin” in connection with a
criminal complaint charging “Dary Alberto Fermin” with violations
of Title 18, United States Code, Sections 371 (conspiracy to commit
offenses against the United States), 2314 (interstate
transportation of stolen property), and 1028A (aggravated identity
theft). A copy of the arrest warrant is attached as Exhibit A
hereto and incorporated by reference herein.
I believe that DARY ALBERTO FERMIN, the defendant, who
arrested on September 10, 2020, in the Southern District of New
York, is the same person as the “Dary Alberto Fermin” who is wanted
by the United States District Court for the Eastern District of
Pennsylvania.
The bases for my knowledge and for the foregoing charge
are, in part, as follows:
1. I am a Special Agent with Department of Homeland
Security Investigations. I have been personally involved in
determining whether DARY ALBERTO FERMIN, the defendant, is the
Case 1:20-mj-09667-UA Document 1 Filed 09/10/20 Page 2 of 7
same individual as the “Dary Alberto Fermin” named in the September
1, 2020 arrest warrant from the United States District Court for
the Eastern District of Pennsylvania. Because this Affidavit is
being submitted for the limited purpose of establishing the
identity of the defendant, I have not included in this Affidavit
each and every fact that I have learned. Where I report statements
made by others, those statements are described in substance and in
part, unless otherwise noted.
2. Based on my review of documents from the United
States District Court for the Eastern District of Pennsylvania, I
know that, on or about September 1, 2020, the United States
District Court for the Eastern District of Pennsylvania issued a
warrant for the arrest of “Dary Alberto Fermin” (the “Arrest
Warrant”). The Arrest Warrant was based on a complaint charging
“Dary Alberto Fermin” with violations of Title 18, United States
Code, Sections 371 (conspiracy to commit offenses against the
United States), 2314 (interstate transportation of stolen
property), and 1028A (aggravated identity theft). The Arrest
Warrant was issued by United States Magistrate Judge Richard A.
Lloret, in the Eastern District of Pennsylvania.
3. On September 10, 2020, at approximately 8:00 am,
DARY ALBERTO FERMIN, the defendant, was arrested in the Bronx, New
York.
4. Law enforcement officers from New York and
Pennsylvania showed me surveillance photographs of the “Dary
Alberto Fermin” involved in the underlying Eastern District of
Pennsylvania matter and named and sought in the Arrest Warrant.
5. Based on my visual comparison of the provided
photographs with DARY ALBERTO FERMIN, the defendant, I believe
that the “Dary Alberto Fermin” sought in the Arrest Warrant is the
defendant, DARY ALBERTO FERMIN.
6. From my participation in the arrest of DARY ALBERTO
FERMIN, the defendant, I have also learned the following:
a. When law enforcement called FERMIN prior to
the arrest, FERMIN responded to the name “Dary.”
b. Incident to FERMIN’s arrest, law enforcement
recovered an identification card in the name of “Dary A. Fermin”
from a wallet that was on FERMIN’s person.
2
Case 1:20-mj-09667-UA Document 1 Filed 09/10/20 Page 3 of 7
7. Accordingly, I believe that the “Dary Alberto
Fermin” sought in the Arrest Warrant is the defendant, DARY ALBERTO
FERMIN.
WHEREFORE, I respectfully request that DARY ALBERTO
FERMIN, the defendant, be imprisoned or bailed as the case may be.
s/Jason Cooper, by the Court, w/permission
_______________________________
JASON COOPER
Special Agent
Department of Homeland Security
Immigration and Custom Enforcement
Sworn to before me this
10th
___ day of September, 2020.
_________________________________
THE HONORABLE DEBRA FREEMAN
United States Magistrate Judge
Southern District of New York
3
Case 1:20-mj-09667-UA Document 1 Filed 09/10/20 Page 4 of 7
EXHIBIT A
Case 1:20-mj-09667-UA Document 1 Filed 09/10/20 Page 5 of 7
AO 91 (Rev 11/11) Criminal Complaint (approved by AUSA Crawley) 20-101
UNITED STATES DISTRICT COURT
for the
Eastern District of Pennsylvania
United States of America )
V. )
) Case No. 20_mj-1457-1, 2
Dary Alberto Fermin )
and lyaury Rodriguez )
)
)
Defendanl(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 January 2019 until November 2019 in the county of Lehigh in the
Eastern District of PA and elsewhere , the defendant(s) violated:
Code Section Offense Description
18 U.S.C. section 371 Conspiracy to commit bank fraud, wire fraud, interstate transportation of goods
taken by fraud and aggravated identity theft
18 U.S.C. section 2314 Interstate transportation of goods taken by fraud
18 U.S.C. section 1028A Aggravated identity theft
This criminal complaint is based on these facts:
SEE ATTACHMENT A, attached hereto
i!f Continued on the attached sheet.
s/John T. Arruda
---------
Complainanr ·s signature
John T. Arruda, Special Agent, HSI
Printed name and ti/le
Sworn to before me and signed in my presence.
September 1, 2020 s/Richard A. Lloret
Date:
Judge ·s signature
City and state: Philadelphia PA Richard A. Lloret U.S.M.J.
Prinled name and litle
Case 1:20-mj-09667-UA Document 1 Filed 09/10/20 Page 6 of 7
AO 442 (Rev 11/11) Arrest Warrant (approved by AUSA Crawley)
UNITED STATES DISTRICT COURT
for the
Eastern District of Pennsylvania
United States of America
V. )
Dary Alberto Fermin ) Case No. 20-mj-1457-1
)
)
)
)
Defendant
ARREST WARRANT
To: Any authorized law enforcement officer
YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay
(name ofperson to be arrested) Dary Alberto Fermin
who is accused of an offense or violation based on the following document filed with the court:
0 Indictment O Superseding Indictment O Information O Superseding Information ,gf Complaint
0 Probation Violation Petition O Supervised Release Violation Petition O Violation Notice O Order of the Court
This offense is briefly described as follows:
From in or about January, 2019, until in or about November, 2019, the defendant conspired with persons known and
unknown to obtain loans using false identities, in order to fraudulently purchase cars and other vehicles; "wash" the vehicle
titles to make it appear that there were no liens on the vehicles; fail to repay the loans; and transport the cars in interstate or
foreign commerce, all in violation of 18 U.S.C. section 371. On January 24, 2019, January 30, 2019, February 1, 2019 and
February 8, 2019, the defendant used false identities to purchase cars and other vehicles, in violation of 18 U.S.C. section
1028A, and transported stolen property in interstate commerce, in violation of 18 U.S.C. section 2314.
September 1, 2020 s/Richard A. Lloret
Date:
Issuing officer ·s signature
City and state: Philadelphia PA Richard A. Lloret, United States Magistrate Judge
Printed name and title
Return
This warrant was received on (date) _______ , and the person was arrested on (elate)
at (city and slate)
Date: ________
Arresting officer ·s signa/ure
Printed name and title
Case 1:20-mj-09667-UA Document 1 Filed 09/10/20 Page 7 of 7
AO 442 (Rev. 11/11) Arrest Warrant (approved by AUSA Crawley)
UNITED STATES DISTRICT COURT
for the
Eastern District of Pennsylvania
United States of America
V.
Case No. 20-mj- 1457-2
lyaury Rodriguez
Defendant
ARREST WARRANT
To: Any authorized law enforcement officer
YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay
lyaury Rodriguez
(name ofperson to be arrested)
------------------------
who is accused of an offense or violation based on the following document filed with the cou11:
0 Indictment 0 Superseding Indictment 0 Information 0 Superseding Information ,gf Complaint
0 Probation Violation Petition 0 Supervised Release Violation Petition 0 Violation Notice O Order of the Court
This offense is briefly described as follows:
From in or about January, 2019, until in or about November, 2019, the defendants conspired with persons known and
unknown to obtain loans using false identities, in order to fraudulently purchase cars and other vehicles; "wash" the vehicle
titles to make it appear that there were no liens on the vehicles; fail to repay the loans; and transport the cars in interstate or
foreign commerce, all in violation of 18 U.S.C. section 371. On January 24, 2019, January 30, 2019, February 1, 2019 and
February 8, 2019, the defendant used false identities to purchase cars and other vehicles, in violation of 18 U.S.C. section
1028A, and transported stolen property in interstate commerce, in violation of 18 U.S.C. section 2314.
Date: September 1, 2020 s/Richard A. Lloret
Issuing officer ·s signature
City and state: Philadelphia PA Richard A. Lloret, United States Magistrate Judge
Printed name and title
Return
This warrant was received on (date) ________ , and the person was arrested on (date)
at (city and stale)
Date:
Arresting officer ·s signature
Printed name and Ii/le
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