Court filing — No. 1:22-mj-00055 (Dkt. 1, W.D.N.Y.)
Summary
A criminal complaint in United States of America v. Hassan Moussa Fares, Case No. 22-mj-55 (1:22-mj-00055), in the U.S. District Court for the Western District of New York, filed April 8, 2022. It alleges that the defendant executed a scheme to defraud Discover Bank and M&T Bank in violation of Title 18, United States Code, Section 1344, and made false statements about his annual income to those institutions, in violation of Section 1014, on March 21, 2018, April 22, 2019 and June 21, 2019. A sworn affidavit of an FBI special agent follows and describes a Discover credit card application, an M&T line of credit of $9,000 and a Discover personal loan of $20,000.
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“Court filing — No. 1:22-mj-00055 (Dkt. 1, W.D.N.Y.).”
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Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 1 of 12
AO 91 (Rev. 02/09) Criminal Complaint
United States District Court
for the
Western District of New York
United States of America
Case No. 22-mj-55
HASSAN MOUSSA FARES
Defendant
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 dates listed below, in the Western District ofNew York,the defendant, HASSAN MOUSSA
FARES, did knowingly execute, and attempt to execute, a scheme and artifice to defraud Discover Bank and M&T
Bank,financial institutions whose accounts were insured by the Federal Deposit Insurance Corporation, and to obtain
moneys,funds, credits, and assets owned by and under the custody and control ofsuch financial institutions by means
of materially false and fraudulent pretenses, representations, and promises;
Count
March 21, 2018 Discover Bank
'rA5rfr''22^Tdl9~ M&T Bank
June 2i72019~ Discover Bank
All in violation of Title 18, United States Code, Section 1344.
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 2 of 12
On or about the dates listed below, in the Western District of New York, the defendant, HASSAN MOUSSA
FARES, did knowingly make a false statement for the purpose of influencing the action of an institution whose
accounts were insured by the Federal Deposit Insurance Corporation, in connection with an application, advance,
commitment, and loan in that, on each of the dates identified below, the defendant represented to the financial
institutions identified below that his annual income was higher than the defendant's annual income truly was:
Count Dale Financial Institution
4 March 21, 2018 Discover Bank
5 April 22, 2019 M&T Bank
6 June 21, 2019 Discover Bank
All in violation of Title 18, United States Code, Section 1014
This Criminal Complaint is based on these facts:
Continued on the attached sheet.
Complainant s signature
CHRISTOPHER J. DLUGOKINSKI
SPECIAL AGENT
FEDERAL BUREAU OF INVESTIGATION
Printed name and title
Sworn to before me and signed telephonically.
Date: April ^ 2022
Judge s signature
HONORABLE H. KENNETH SCHROEDER,JR.
City and State: Buflalo, New York UNITED STATES MAGISTRATE JUDGE
Printed name and title
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 3 of 12
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
STATE OF NEW YORK )
COUNTY OF ERIE ) SS:
CITY OF BUFFALO )
CHRISTOPHER J. DLUGOKINSKI,being duly sworn, deposes and states:
I. INTRODUCTION
1. I am a Special Agent with the Federal Bureau ofInvestigation ("FBI"), United
States Department of Justice. As such, I am an "investigative or law enforcement officer of
the United States" within the meaning ofTitle 18, United States Code, Section 2510(7), that
is, an officer ofthe United States who is empowered by law to conduct investigations ofand
to make arrests for offenses enumerated in Title 18, United States Code, Section 2516.
2. I have served as an FBI Special Agent since May of 2018 and am currently
assigned to the FBI Buffalo Division. During that Mme, I have participated in
investigations involving violent crime, drug trafficking networks, organized crime and
racketeering influenced corrupt organizations ("RICO"), neighborhood-based street gangs,
and national security matters. In addition, I have had the opportunity to work with several
other FBI agents and other law enforcement agents and officers of varying experience
levels, who have also investigated these crimes in the Western District of New York. My
traming and investigative experience detailed herein, and the experiences of other law
enforcement agents, who are participating in this investigation, serve as the basis for the
opinions and conclusions set forth herein.
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 4 of 12
3. This affidavit is based upon your affiant's personal knowledge, information
provided by other law enforcement personnel, and evidence obtained during this
investigation. It is submitted for the limited purpose of establishing probable cause, and, as
such, I have not induded details ofevery aspect ofthis investigation.
4. Your affiant makes this affidavit in support ofa Criminal Complaint charging
HASSAN MOUSSA FARES ("FAKES") with violating Title 18, United States Code,
Sections 1344(1)and(2)(Bank Fraud)and Tide 18, United States Code, Section 1014(False
Statements For Loans or Credit).
BACKGROUND OFINVESTIGATION
5. Discover Bank ("Discover") is an American financial services company that
offers checking and savings accounts, personal loans, home equity loans, student loans and
credit cards. Discover is headquartered in Greenwood,Delaware and serves customers in the
United States.
6. Manufacturers Trade and Trust("M&T")is an American financial institution,
which offers checking and savings accounts, personal loans, home equity loans,studentloans
and credit cards. M&T is headquartered in Buffalo, New York and serves customers in the
United States.
7. Discover and M&T meet the definition ofa financial institution as oudmed in
Tide 18, United States Code, Section 20. Both Discovery and M&T are insured depository
institutions as members ofthe Federal Deposit Insurance Corporation("FDIC.")The FDIC
is an independent agency ofthe United States governmentthat protects depositors from losses
in the event a financial institution fads.
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 5 of 12
8. Based on my investigation, I know that standard practices for loan and credit
applications for Discover or M&T products include, but are not limited to, collecting
personally identifying information from the customer. Such information may include but is
notlimited to, the applicant's legal name,date ofbirth. Social Security number,home address,
phone number, and email address. In addition, based on my training and experience as vveU
as information I have learned from other special agents who investigate white collar crimes,
Iknow that financial institutions, such as Discover and M&T,often assess the risk ofopening
accounts or offering a loan by coUectinig financial data from the customer, which may mclude
ftie customer's current assets and liabilities, place ofemployment, and sources ofincome.
9. The investigation to date has provided probable cause to believe that FARES
has exhibited a pattern of fraud and imsrepresentations about his mcome m applications to
Discover and M&T,aU while failing to pay outstanding debts incurred m his name.By domg
sOj there is probable cause to believe ihat FARES violated Title 18, United States Code,
Sections 1344(1)and(2)(Bank Fraud)and Title l8. United States Code, Section 1014(False
Statements For Loans or Credit).
SCHEME TO DEFRAUD
DTSCOVER BANK CREDIT CARD
10. On or around March 21, 2018, a Discover Bank Credit Card application v^as
received by Discover Bank in the name OfHASSAN FARES SR.
11. The credit card application was submitted online and mcluded a mailmg
address for FARES of2421 William Street, Buffalo, NY,date ofbirth of 11/17/1992, Social
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 6 of 12
Security number of [xxx]-[xx]-7669, email address hfares9n9@gmail.com, and cellular
telephone number 646-479-2611.'
12. In addition, on the credit card application FARES claimed no employment
status and stated that he was a student at the City University ofNew York(CUNY)College
ofStaten Islarid. FARES claimed total aimixal income of$80,000.00 and total available assets
of$40,000. The application asked FARES to identify his employer; FARES, however, left
this part of the application blank. Based on this information. Discover Bank approved
FARES'application and provided him with a credit card with an initial credit limit of$2,000.
43; Qn or around March 31f 2018,FARES began utilizmg the newly issued^ c^^
card.
M&T BANK LINE OF CREDIT
14. On June 6, 2018, FARES established M&T Bank personal checking accouiit
9875232499(heremafter, M&T 2499). FARES u the sole authorized signor ofthe account.
15. On or around April 22,2019,FARES applied for an unsecured loan, a Line of
Credit(LOC),in the amount of$9,000 via M&T's web banking portal.
16. The application included a mailing address for FARES of2421 William Street
#2, Buffalo, NY, 14206; a Spdal Security number ending 7669; and an email address of
hfares9119@gmail.com.
17. On the loan apphcation FARES reported to be employed Full Tftne by
"Ametek" and his occupation was "Empl Engineer." Lastly, FARES claimed to be
'Although this application was submitted in the name of"HASSAN FARES SR.," I know,based on
my investigation, that HASSAN FARES* father's name is MOUSSA HUSSEIN FARES. Further,
the Spdal Security number, emeul address, and telephone number provided on the loan application
are aU assodated with Hassan FARES.
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 7 of 12
employed for 1 year and 2 months with a gross annual income of $70,000. As described
below, however, FARES was terminated from Ametek in October 2018.
18. On or around April 22,2019,the M&T LOG was funded and attached to M&T
2499; the available line was $9,000.
DISCOVER BANK PERSONAL LOAN
19. On June 21, 2019 a personal loan application was submitted online and
included a mailing address for FARES of2421 William Street, Buffalo, NY; date of birth of
11/17/1992; a Social Security number of xxx-xx-7669; and a cellular telephone number of
646-479-2611.
20. On the personal loan application FARES reported to be employed FuU Time
by "Amateck" and Ifeted his occupation as 'Thformatiori Technology." Lastly, FARES
claimed to have been employed by Ametek for 1 year and 6 months with a gross annual
income of $60,000. As described below, however, FARES was terminated from Ametek in
October 2018.
21. On June 24, 2019, Discover Bank personal loan apphcation in the name of
HASSAN FARES was approved by Discover Bank for an amount of$20,000.00.
22. On June 25, 2019, M&T 2499 posted a $20,000 ACH. The transaction was
described as "Discover Bank Prearrange."
TRAVEL and EMPLOYMENT
23. According to US Customs and Border Protection(CBP)records, in February
of2018 FARES returned to the United Shites from a two-month trip to Lebanon.FARES did
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 8 of 12
state that &e purpose ofthe trip was to visitfainily after graduating from CHJNY Staten Island
with a bachelor's degree in electrical eiigmeering in 2017. FARES stateft that he would be
moving to BufMo,New York to reside with his cousins at 242.1 William Street, Buffalo, New
York and look to for work.
24. Employment records received from Cortech LLC, an employment staffing
company that employed FARES during 2018, indicated that FARES' W-2 earnings were
approximately $6,600 in 2018.
25. Employment records received from Ametek, a company FARES was assigned
to-work for through Cortech LLG^ indicate'that FARES quit his job and was formally
terminated in October 2018.
26. According to CBP records, in October of 2018 FARES left the United States
for Lebanon and returned to the US in January of 2019. In an interview vrith CBP Officers
in January 2019 FARES admitted that he worked at A^metek for four months on an assembly
line but quit the job prior to leaving for Lebanon. FARES stated that he was returniiig to the
US to look for a school to earn his master's degree and would look for work near whatever
school he chooses to enroll with.
. 27, According to CBP records, in May of 2019 FARES was encountered at the
Peace Bridge Port of Entry, Buffalo, New York, after inaldng a wrong turn. FARES stated
during an inspection with CBP Officers that FARES was employed as a Lyft driver and also
worked part-time repairing electronic device saeens at a mall kiosk. FARES stated that he
intended on returning to Lebanon in August of2019 tP visit family and get engaged to his
girlfriend.
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 9 of 12
28. According to CBP records, in August of 2019 FARES traveled to Lebzinon
again.
PROOF OF IDENTIFICATIQN
29. According to CBP records,FARES routinely travels between die United States
and LebMon and spends approximately 50% of his time residing in each respective country.
During multiple inspections by CBP between 2017 and 2019 FARES provided telephone
number 646-479-2611 and email address hfares9ll9@gmail.com as his personal contact
information, along with his personally identifying information such as his US Passport and
Driver's License.
30. Acddrding to subscriber records for the hfares9119@gmail.com email account
provided on the credit card application, the email account had an associated phone number
of646479-2611 and subscriber name H FARES.
31. According to the M&T Bank LOC web banking apphcation filed on April 22,
2019 FARES listed email address hfares9119@gmail.com along with his personally
identifying information such as name, date ofbirth, and SociM Security number.
32. According to the Discover Bank Personal Loan application filed on June 21,
2019 FARES fisted telephone number 646-479-2611 along with his personally identifying
information such as name, date of birth, and Social Security number.
FINANCIAL ANALYSIS:FARES'EMPLOYMENT AND INCOME
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 10 of 12
33. Beginning September 7,2018 through November 2, 2018, MTB 2499 received
nine ACH payroll payments from Cortech LLC Payroll. In aggregate, these payments totaled
approximately $5,038 in net eamings.
34. Also, in 2018, FARES deposited two checks via an ATM from Language
Intelligence LTD. Language Intelligence LTD. is a Rochester, NY based company that
provides language translation services. In aggregate, these checks totaled approximately
$1,222 and were deposited into MTB 2499. The checks were issued on June 30, 2018 and
October 15, 2018.
35. Beginning in or around March 1, 2019 through Julv 16,2019, thirteen deposits
via mobile deposits and pajrment platforms were deposited in M&T 2499 from the following
sources: Langirage Melligence LTD, Gnibhub fric, Lyft, and Uber. In aggregate, eamings
from these sources ofincome totaled apprpximately $1,034.
36. Based on a review of M&T 2499, FARES earned approximately $6,260 in
income in 2018. This is inconsistent with the applications described above,in which FARES
reported receiving between $60,000 arid $80,000 in annual income.
FINANCIAL ANALYSIS: FARES'SPENDDOWN OF FUNDS
DISCOVER RANK CREDIT CARD
37. Beginning in or around March 31, 2018 through September 21, 2019 the
Discover credit card was utilized for personal living expenses such as fuel, food,
transportation, dothing, and cellular telephone services. The largest expense incurred was
approximately $3,034 for a laptop computer on August 19, 2019.
38. In or around May 19,2021 an Experian Credit Report was run on FARES. Per
the results ofthe report. Discover Bank charged off an outstanding balance of$8,441.
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 11 of 12
M&T BAJSTK LDSfE OF CREDIT
39. Be^iiing June 7,2019,FARES utilized the LOG for personal living expenses
such as fuel, food, transportation^ clothing, and cellular telephone services. The largest
expense incurred was approximately $3,303 on Amazon Marketplace on September 27,2019.
40. On July 9, 2019, one payment, in the amount of $581, was made toward the
LOG. Gtheiwise, FARES made no other payments to the LOG.
41. Approximate to June 2019 through November 5, 2019 FARES depleted the
LOG through purchases, cash advances,interest, and fees;
42. Per the Experian Gredit Report, M&T Bank closed FARES'LOG,charged off
$8,815 as unGollectable, and reported an outstanding balance of$9,405.
DTSGOVER BANK PERSONAL LOAN
43. On June 25,2019,$20,000 was deposited via AGH in M&T 2499. The source
of the AGH was the personal loan from Discover Bank. Prior to the deposit, the balance of
die M&T 2499 was approximately $494.
44. On or around June 25, 2019, FARES disbursed via AGH $9,500 of the
Discover Loan proceeds from M&T 2499 to his personal Robinhood account previously
established in May of 2019. Per Robinhood's website, it identifies as a financial services
Case 1:22-mj-00055-HKS Document 1 Filed 04/08/22 Page 12 of 12
company headquartered in Menlo Park, California dealing in commission-free trades of
stocks, exchange-traded funds and cryptocurrencies via a mobile application.
45. An additional $5,000 and $1,000 of the loan proceeds were sent by ACH to
Robinhood respectively on or around July 25, 2019 and August 2,2019. In or around August
2019 the funds in Robinhood were depleted due to adverse market trades.
46. In or around November of 2020 the balance outstanding was approximately
$20,568. Per the Expeiian Credit Report, Discover Bank charged off the entire outstanding
balance.
47. WHEREFORE,based on the foregoing, I submit that there is probable cause
to believe that HASSAN MOUSSA FARES did violate Title 18,United States Code,Sections
1344(1) and (2) (Bank Fraud), and Title 18, United States Code, Section 1014 (False
Statements For Loans or Credit).
CHRISTOPHER J. DLUGOKINSKI
Special Agent
Federal Bureau ofInvestigation
Sworn to and subscribed telephonically,
this Sthdav April 2022.
HONORABLE H.ICENNETH SClrilOEDER, JR.
United States Magistrate Judge
10
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