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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.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-22-mj-00055-dkt-1-w-d-n-y-e4513ca05f/, SHA-256 01179b0ab2b0cfa496bdf6031d0cb95f632510aea2e92c657f4f1fc2a408239a.

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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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