Indictment — No. 1:21-cr-00245 (Dkt. 6, S.D.N.Y.)
Summary
An indictment filed April 13, 2021 as Document 6 in United States v. Elvin German and Vanessa Gomez, 21 Cr. (Case 1:21-cr-00245-ER), in the U.S. District Court for the Southern District of New York. Count One charges conspiracy to commit wire fraud and Count Two charges conspiracy to commit theft of government funds in the form of unemployment insurance benefits, each from at least in or around May 2020 to in or around March 2021. Count Three charges aggravated identity theft. The overt acts include a February 21, 2021 verification of an unemployment insurance application and an October 26, 2020 deposit of $15,000, and the forfeiture allegations name $39,437.14 and $15,000.00 in bank funds.
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Cite this document
“Indictment — No. 1:21-cr-00245 (Dkt. 6, S.D.N.Y.).”
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Case 1:21-cr-00245-ER Document 6 Filed 04/13/21 Page 1 of 6
•
UNITED STATES DISTRICT COURT
SOUTHERN DI STRICT OF NEW YORK
- - - - - - - - - - - - - - X
UNITED STATES OF AMERICA
- V. - INDICTMENT
ELVIN GERMAN , and 21 Cr .
VANESSA GOMEZ ,
Defendants .
5
- - - - - - - - - - - - - - - - X
COUNT ONE
(Conspiracy to Commit Wire Fraud)
The Grand Jury charges:
1. From at least in or around May 2020 up to and including
in or around March 2021 , in the Southern District of New York and
elsewhere , ELVIN GERMAN and VANESSA GOMEZ , the defendants , and
others known and unknown , willfully and knowingly , did combine ,
conspire , confederate , and agree together and with each other to
commit wire fraud , in violation of Title 18 , United States Code ,
Section 1343 .
2. It was a part and an object of the conspiracy that ELVIN
GERMAN and VANESSA GOMEZ , the defendants , and others known and
unknown , willfully and knowingly , having devised and intending to
devise a scheme and artifice to defraud , and for obtaining money
and property by means of false and fraudulent pretenses ,
representations , and promises , would and did transmit and cause to
be transmitted by means of wire , radio , and television
Case 1:21-cr-00245-ER Document 6 Filed 04/13/21 Page 2 of 6
'
communication in interstate and foreign commerce , writings , signs ,
signals , a n d sounds for the purpose of exec u ting such scheme and
art i fice , in violation of Title 18 , United States Code , Section
1 343 .
(Title 18 , United States Code , Section 1 349 . )
COUNT TWO
(Conspiracy to Commit Theft of Government Funds)
The Grand Jury charges :
3. From at least in or around May 2020 u p to and including
in or around March 2021 , in the Southern District of New York and
elsewhere , ELVIN GERMAN and VANESSA GOMEZ , the defendants , and
others known and unknown , willfully and knowingly , did combine ,
conspire , confederate , and agree together and with each other to
commit an offense against the United States , to wit , the f t of
government funds in the form of unemployment insurance benefits ,
in violation of Title 18 , United States Code , Section 641 .
4. It was a part and object of the conspiracy that ELVIN
GERMAN and VANESSA GOMEZ , the defendants , and others known and
unknown , would and did embezzle , steal , purloin , and knowingly
convert to their use and the use of another , and without authority
sell , convey , and dispose of records , vouchers , money , and things
of value of the Un i ted States and a department and agency thereof ,
to wit , the United States Department of Labor , which exceeded
$1 , 000 , and receive , conceal , and retain the same with intent to
2
Case 1:21-cr-00245-ER Document 6 Filed 04/13/21 Page 3 of 6
convert it to their use and gain , knowing it to have been
embezzled , stolen , purloined and converted .
Overt Acts
5. In furtherance of the conspiracy and to ef feet the
illegal object thereof , the following overt acts , among others ,
were committed in the Southern District of New York and elsewhere :
a. On or about February 21 , 2021 , ELVIN GERMAN , the
defendant , verified an application for unemployment insurance
benefits for an individual that was not GERMAN in order to
fraudulently obtain government funds .
b. On or about October 26 , 2020 , VANESSA GOMEZ , the
defendant , deposited $15 , 000 in U. S . currency in a bank account ,
which GOMEZ knew represented proceeds of the unemployment
insurance benefits fraud scheme .
(Title 18 , United States Code , Section 371 . )
COUNT THREE
(Aggravated Identity Theft)
The Grand Jury further charges :
6. From at least in or about May 2020 , up to and including
at least in or about March 2021 , in the Southern District of New
York and elsewhere , ELVIN GERMAN and VANESSA GOMEZ , the defendants ,
knowingly did transfer , possess , and use , without lawful
authority , a means of identification of another person , during and
in relati on to a felony violation enumerated in Title 18 , United
3
Case 1:21-cr-00245-ER Document 6 Filed 04/13/21 Page 4 of 6
States Code , Section 1028A(c) , to wit , GERMAN and GOMEZ
transferred , possessed , and used the names , dates of birth , and
social security numbers of other individuals in connection with
the offe nse charged in Count One of this Indictment .
(Title 18 , United States Code , Sections 1028A(a) (1) ,
1028A(b) , and 2 . )
FORFEITURE ALLEGATIONS
6. As the result of commit ting the offenses charged in
Counts One and Two of this Indictment , ELVIN GERMAN and VANESSA
GOMEZ , the defendants , shall forfeit to the United States , pursuant
to Title 18 , United States Code , Section 981 (a) (1) (C) and Title
28 , United States Code , Section 2461 (c) , any and all property ,
real and personal , that constitutes or is derived from proceeds
traceable to the commission of said offenses , including but not
limited to a sum of money in United States currency representing
the amount of proceeds traceable to the commission of said offenses
and the following specific property :
a. $39 , 437 . 14 maintained in JPMorgan Chase Bank , N. A .
in account number 000000191830950 in the name of Vanessa Gomez .
b. $15 , 000 . 00 maintained in JPMorgan Chase Bank , N. A.
in account number 000003383239786 in the name of Vanessa Gomez .
Substitute Assets Provision
7. If any of the above - described forfeitable property , as
a result of any act or omission of the defendants :
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Case 1:21-cr-00245-ER Document 6 Filed 04/13/21 Page 5 of 6
a. cannot be located upon the exercise of due
diligence ;
b. has been transferred or sold to , or deposited with ,
a third person ;
c. has been placed beyond the jurisdiction of the
Court ;
d. has been substantially diminished in value ; or
e. has been commingled with other property which
cannot be subdivided without difficulty ;
it is the intent of the United States , pursuant to Title 21 , United
States Code , Section 853 (p) , and Title 28 , United States Code ,
Section 246l(c) , to seek forfeiture of any other property of the
defendants up to the value of the forfeitable property described
above .
(Title 18 , United States Code , Section 981 ;
T3t2462-~
Title 21 , United States Code , Section 853 ; and
~ ~ d States
=~ ~STRAUSS
United States Attorney
5
-l Case 1:21-cr-00245-ER Document 6 Filed 04/13/21 Page 6 of 6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
v.
Elvin German, and
Vanessa Gomez,
Defendants.
INDICTMENT
21 Cr .
(18 U. S . C . §§ 1349 , 371 , and 1028A.)
AUDREY STRAUSS
Foreperson
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