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Information — United States of America v. Natanael Valdez Brito

Summary

An Information in United States v. Natanael Valdez Brito, also known as El Pocho, in the U.S. District Court for the District of New Jersey, filed after he waived prosecution by indictment. Counts One and Two charge a fentanyl conspiracy under 21 U.S.C. § 846 and fentanyl distribution under 21 U.S.C. § 841, from about April 2021 through about June 2021 in Passaic County. Counts Three and Four charge conspiracy to commit wire fraud under 18 U.S.C. § 1349, alleging that Valdez and co-conspirators used stolen personal information to obtain unemployment benefits through debit cards and bank accounts. The Information cites approximately $27,771 and $30,234 obtained from the Pennsylvania Department of Labor in two individuals' names.

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2026-09-25
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Full text

MJP/2024R00233



                     UNITED STATES DISTRICT COURT
                        DISTRICT OF NEW JERSEY

 UNITED STATES OF AMERICA                :     Hon.
                                         :
     v.                                  :     Crim. No. 24-
                                         :
 NATANAEL VALDEZ BRITO,                  :     COUNT ONE
  a/k/a “El Pocho”                       :     21 U.S.C. § 846
                                         :     (Fentanyl Conspiracy)
                                         :
                                         :     COUNT TWO
                                         :     21 U.S.C. § 841
                                         :     (Fentanyl Distribution)
                                         :
                                         :     COUNT THREE
                                         :     18 U.S.C. § 1349
                                         :     (Conspiracy to Commit Wire
                                         :     Fraud)
                                         :
                                         :     COUNT FOUR
                                         :     18 U.S.C. § 1349
                                         :     (Conspiracy to Commit Wire
                                         :     Fraud)

                              INFORMATION

      The defendant having waived in open court prosecution by Indictment, the

United States Attorney for the District of New Jersey charges:

                                  COUNT ONE
     (Conspiracy to Distribute and Possess with Intent to Distribute Fentanyl)

      From in or around April 2021 through in or around June 2021, in Passaic

County, in the District of New Jersey and elsewhere, the defendant,

                         NATANAEL VALDEZ BRITO,
                             a/k/a “El Pocho,”

did knowingly and intentionally conspire and agree with others to distribute and

possess with intent to distribute a quantity of a mixture and substance containing a
detectable amount of fentanyl, a Schedule II controlled substance, contrary to Title

21, United States Code, Sections 841(a)(1) and (b)(1)(C).

      In violation of Title 21, United States Code, Section 846.




                                          2
                                  COUNT TWO
                  (Possession with Intent to Distribute Fentanyl)

      In or around June 2021, in Passaic County, in the District of New Jersey and

elsewhere, the defendant,

                            NATANAEL VALDEZ BRITO,
                                a/k/a “El Pocho,”

did knowingly and intentionally possess with intent to distribute a quantity of a

mixture and substance containing a detectable amount of fentanyl, a Schedule II

controlled substance.

      In violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).




                                          3
                                COUNT THREE
                        (Conspiracy to Commit Wire Fraud)

      1.     Defendant Natanael Valdez Brito, a/k/a “El Pocho” (“VALDEZ”) was a

resident of the Bronx, New York.

                                   The Conspiracy

      2.     From in or around May 2020 through in or around April 2023, in Bergen

County, in the District of New Jersey, and elsewhere, the defendant,

                          NATANAEL VALDEZ BRITO,
                              a/k/a “El Pocho,”

knowingly and intentionally conspired and agreed with others to devise a scheme and

artifice to defraud, and to obtain money and property by means of false and

fraudulent pretenses, representations, and promises, and for the purpose of executing

such scheme and artifice to defraud, did knowingly transmit and cause to be

transmitted by means of wire communications in interstate and foreign commerce,

certain writings, signs, signals, pictures, and sounds, contrary to Title 18, United

States Code, Section 1343.

                             Goal of the Conspiracy

      3.     The goal of the conspiracy was for VALDEZ and his co-conspirators to

unlawfully enrich themselves by defrauding state government entities of tens of

millions of dollars in unemployment benefits (the “Unemployment Benefits”), which

benefits were made available through the Coronavirus Aid, Relief, and Economic

Security (“CARES”) Act.

                     Manner and Means of the Conspiracy

      4.     It was part of the conspiracy that:

                                          4
                a. VALDEZ       and    others   conspired    to   defraud    states   of

Unemployment Benefits by using stolen personally identifying information (“PII”) of

numerous unwitting individuals (the “Individuals”) to create fictitious user profiles

in their names seeking Unemployment Benefits without their knowledge or consent.

The PII included names, dates of birth, social security numbers, and other

information.   VALDEZ and his co-conspirators also used fictitious and/or co-

conspirator-controlled email addresses, phone numbers, and mailing addresses,

including in New Jersey, to complete the fictitious user profiles in order to execute

the scheme.

                b. Once the fraudulent Unemployment Benefits applications were

approved, VALDEZ and his co-conspirators obtained the funds using debit cards that

were either: (i) directly loaded with the benefits through regular installment

payments, or (ii) linked to bank accounts that received the benefits by direct deposits.

                c. VALDEZ and his co-conspirators then used the debit cards to

withdraw cash from ATMs, including in New Jersey, or to make purchases.

                d. For example, VALDEZ and his co-conspirators used one

individual’s (“Individual-1”) stolen PII to fraudulently obtain approximately $27,771

in Unemployment Benefits from the Pennsylvania Department of Labor (the “PA

DOL”). They used the stolen PII of another individual (“Individual-2”) to fraudulently

obtain approximately $30,234 in Unemployment Benefits from the PA DOL. On or

about July 1, 2021, VALDEZ and a co-conspirator (“Co-Conspirator-1”) discussed

Individual-1’s and Individual-2’s Unemployment Benefits via an internet-based



                                           5
messaging application (the “Messaging Application”).         During this exchange,

VALDEZ sent images of the front and back of debit cards that were not working

properly, including cards containing PA DOL benefits in the name of Individual-1

(“Card-1”) and Individual-2 (“Card-2”).       When another one of VALDEZ’s co-

conspirators (“Co-Conspirator-2”) was arrested on or about June 15, 2021, Co-

Conspirator-2 possessed records and other materials containing Individual-1’s and

Individual-2’s PII, including login information used to apply for and receive PA DOL

benefits in their names. VALDEZ and Co-Conspirator-2 used Card-1 to, among other

things, withdraw cash from ATMs in or around Lodi, New Jersey and Fairfield, New

Jersey. They used Card-2 to, among other things, withdraw cash from ATMs in or

around Fairfield, New Jersey. Each of these ATM transactions was processed via

interstate wires.

      In violation of Title 18, United States Code, Section 1349.




                                          6
                                 COUNT FOUR
                        (Conspiracy to Commit Wire Fraud)

      1.     The allegations set forth in paragraphs 1, 3, and 4 of Count Three of this

Information are realleged here.

                                  The Conspiracy

      2.     From in or around 2020 through in or around April 2023, in the District

of New Jersey, and elsewhere, the defendant,

                          NATANAEL VALDEZ BRITO,
                              a/k/a “El Pocho,”

knowingly and intentionally conspired and agreed with others to devise a scheme and

artifice to defraud, and to obtain money and property by means of false and

fraudulent pretenses, representations, and promises, and for the purpose of executing

such scheme and artifice to defraud, did knowingly transmit and cause to be

transmitted by means of wire communications in interstate and foreign commerce,

certain writings, signs, signals, pictures, and sounds, contrary to Title 18, United

States Code, Section 1343.

                             Goal of the Conspiracy

      3.     The goal of the conspiracy was for VALDEZ and his co-conspirators to

unlawfully enrich themselves by defrauding the U.S. Internal Revenue Service

(“IRS”) of tax credit benefits (the “Tax Credit Benefits”), including COVID-19-related

rebates.




                                          7
                     Manner and Means of the Conspiracy

      4.     It was part of the conspiracy that:

                a. VALDEZ and his co-conspirators conspired to defraud the IRS of

the Tax Credit Benefits by using stolen PII of unwitting individuals to create

fictitious user profiles seeking the Tax Credit Benefits without their knowledge or

consent.

                b. VALDEZ’s co-conspirators created fraudulent tax returns seeking

the Tax Credit Benefits, which they sent to VALDEZ.          VALDEZ and his co-

conspirators then signed the returns, printed them, and prepared them to be mailed

to the IRS. Certain returns were also electronically submitted to the IRS.

                c. VALDEZ and his co-conspirators accessed and filed the

fraudulent Tax Credit Benefits applications from various locations and states,

including New Jersey, New York, and Pennsylvania.

                d. VALDEZ also communicated with co-conspirators concerning the

Tax Credit Benefits scheme via the Messaging Application. For example, on or about

September 5, 2021, Co-Conspirator-1 sent VALDEZ a screenshot from TurboTax

showing a pending federal tax refund of approximately $1,800.

                e. On or about September 13, 2021, via the Messaging Application,

Co-Conspirator-1 sent VALDEZ a list of approximately 180 addresses in Wayne, New

Jersey, many of which were used to submit fraudulent applications for the Tax Credit

Benefits. VALDEZ subsequently sent Co-Conspirator-1 a video showing a website




                                          8
that VALDEZ and his co-conspirators used to submit dozens of fraudulent returns

seeking the Tax Credit Benefits.

                f. When VALDEZ was arrested on or about April 26, 2023, his

residence contained approximately 285 sealed and stamped envelopes addressed to

the IRS. Each envelope contained a fraudulent 2020 1040 federal tax form, each

seeking approximately $1,800 in returns using stolen PII. VALDEZ’s residence also

contained numerous $1,800 Treasury checks in the names of other individuals.

      In violation of Title 18, United States Code, Section 1349.




                                          9
       FORFEITURE ALLEGATION AS TO COUNTS ONE AND TWO

      1.     Upon conviction of the controlled substance offenses charged in Counts

One and Two of this Information, defendant NATANAEL VALDEZ BRITO, a/k/a

“El Pocho,” shall forfeit to the United States, pursuant to Title 21, United States

Code, Section 853, any and all property constituting or derived from any proceeds the

defendant obtained directly or indirectly as a result of the offenses, and any property

used or intended to be used in any manner or part to commit and to facilitate the

commission of the offenses.

     FORFEITURE ALLEGATION AS TO COUNTS THREE AND FOUR

      2.     Upon conviction of the wire fraud offenses charged in Counts Three and

Four of this Information, defendant NATANAEL VALDEZ BRITO, a/k/a “El

Pocho,” 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), all property,

real and personal, the defendant obtained that constitutes or is derived from proceeds

traceable to the commission of the offenses.

                        SUBSTITUTE ASSETS PROVISION
                      (Applicable to All Forfeiture Provisions)

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

of the defendant:

             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


                                            10
             e)   has been commingled with other property which cannot be divided

                  without difficulty,

it is the intent of the United States, pursuant to Title 21, United States Code, Section

853(p), as incorporated by Title 28, United States Code, Section 2461(c), to seek

forfeiture of any other property of the defendant up to the value of the above

forfeitable property.



                                                     ~PHILIP R. SELLINGER
                                                      United States Attorney




                                          11


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