Information — United States v. Carl J. Diveglia III, Northern District of New York (Document 2)

Summary

A criminal information against Carl J. Diveglia III, Criminal No. 1:22-CR-98 (GTS), filed April 13, 2022 as Document 2 in the U.S. District Court for the Northern District of New York. Count One charges conspiracy to commit mail fraud under 18 U.S.C. §§ 1349 and 1341, alleging that from about May 2020 through August 2021 Diveglia and Co-Conspirator-1, both New York State Department of Labor employees, submitted and approved false unemployment insurance applications, including approximately 16 that were approved and resulted in benefit debit cards being mailed. Count Two charges aggravated identity theft under 18 U.S.C. § 1028A(a)(1), alleging use on or about July 28, 2021 of another person's name, date of birth and identification numbers. The forfeiture allegation seeks a money judgment of $225,000. The signature block names United States Attorney Carla B. Freedman.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors.

Case 1:22-cr-00098-GTS Document 2 Filed 04/13/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA ) Criminal No. 1:22-CR-98 (GTS)

)
v. ) Information

)

CARL J. DIVEGLIA ITI, ) Violations: 18 U.S.C. §§ 1349, 1341
) [Conspiracy to Commit Mail

Defendant. ) Fraud]

)
) 18 U.S.C. § 1028A(a)C1)
) [Aggravated Identity Theft]
)
) Two Counts and Forfeiture Allegation
)
) County of Offenses: Albany

THE UNITED STATES ATTORNEY CHARGES:

COUNT ONE
[Conspiracy to Commit Mail Fraud]

From in or around May 2020 through in or around August 2021, in Albany County in the
Northern District of New York, and elsewhere, the defendant, CARL J. DIVEGLIA TL, and Co-
Conspirator-1 conspired to commit mail fraud by devising 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, and for the purpose of executing such scheme and
artifice, and attempting to do so, knowingly caused to be placed in a post office and authorized
depository for mail matter, any matter and thing to be sent and delivered by the United States
Postal Service, and knowingly caused to be delivered by mail according to the direction thereon
any matter and thing, in that CARL J. DIVEGLIA III and Co-Conspirator-1, both of whom were
employees of the New York State Department of Labor (““NYSDOL”), agreed to submit and

approve, and did knowingly and fraudulently submit and approve, false and fraudulent
Case 1:22-cr-00098-GTS Document 2 Filed 04/13/22 Page 2 of 3

unemployment insurance applications to the NYSDOL, including approximately 16 fraudulent
applications that were approved and resulted in debit cards containing fraudulently obtained
unemployment insurance benefits being mailed to recipients through the United States Postal
Service.

All in violation of Title 18, United States Code, Sections 1349 and 1341.

COUNT TWO
[Aggravated Identity Theft]

On or about July 28, 2021, in Albany County in the Northern District of New York, and
elsewhere, the defendant, CARL J. DIVEGLIA IIE, during and in relation to a felony violation
contained in Chapter 63 of the United States Code, that is a violation of Title 18, United States
Code, Sections 1341 and 1349 (conspiracy to commit mail fraud), knowingly transferred,
possessed, and used, without lawful authority, a means of identification of another person, that is,
CARL J. DIVEGLIA III knowingly transferred, possessed, and used J.F.’s name, date of birth,
social security number, and New York State Identification Number during and in relation to a
scheme to defraud the New York State Department of Labor.

All in violation of Title 18, United States Code, Section 1028A(a)(1).

FORFEITURE ALLEGATION

1. The allegations contained in Count One of this information are hereby realleged
and incorporated by reference for the purpose of alleging forfeitures pursuant to Title 18, United
States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461(c).

2. Upon conviction of an offense in violation of Title 18, United States Code, Section
1349, as set forth in Count One of this information, the defendant, CARL J. DIVEGLIA IT, shall!
forfeit to the United States of America, pursuant to Title 18, United States Code, Section

981(a)(1)(C), and Title 28, United States Code, Section 2461(c), any property, real and personal,
Case 1:22-cr-00098-GTS Document 2 Filed 04/13/22 Page 3 of 3

which constitutes and is derived from proceeds traceable to the offense. The property to be
forfeited includes, but is not limited to, the following:

a. A money judgment in the amount of $225,000.

3. If any of the property described above, as a result of any act or omission of the

defendants:

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

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 divided without

difficulty,

the United States of America shall be entitled to forfeiture of substitute property pursuant to Title
21, United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section
2461(c).

All pursuant to 18 U.S.C. § 981(a)(1)(C), and 28 U.S.C. § 2461(0).

Dated: April 13, 2022 CARLA B. FREEDMAN
United States Attorney

By: LEZ—

Aohn T. Chisholm
Joshua R. Rosenthal
Assistant United States Attorneys
Bar Roll Nos. 702727 and 700730


File and source

File

2-information.pdf

Size

147,378 bytes

SHA-256

ed553797b13760c03439b29e5cce692f58368b6cba085f14233e994d3d4c1d4e

Our copy

2-information.pdf

Original

archive.org