Sealed Complaint, United States of America v. Mariluz Fermin, Bellanilda Fermin, and Juan Nolasco, 21 MAG 11899, Southern District of New York
Summary
A sealed complaint, 21 MAG 11899, sworn on the 10th day of December, 2021 by David Eidam, a Special Agent with DOL-OIG, charging sisters Mariluz Fermin and Bellanilda Fermin and Juan Nolasco with conspiracy to commit wire fraud, theft of government funds and aggravated identity theft. It alleges that from May 2020 to October 2020 at least approximately seventy-five unemployment-insurance claims in other people's names, many of them residents of Puerto Rico, were filed with the NYS DOL from one IP Address in an apartment building in Yonkers, New York. The intended loss was at least approximately $1,319,328 and the actual loss at least approximately $687,314. A phone examined at the border on October 19, 2020 had Whatsapp messages passing victims' details among the three. Bank surveillance footage shows a man identified as Nolasco withdrawing funds from KeyBank cards at ATMs in the Bronx.
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Full text
Approved: ______________________________ ___
MITZI S. STEINER
Assistant United States Attorney
Before: THE HONORABLE JAMES L. COTT
United States Magistrate Judge
21 MAG 11899
Southern District of New York
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: SEALED COMPLAINT
UNITED STATES OF AMERICA :
: Violations of
- v. - : 18 U.S.C. §§ 641,
: 1028A, 1349, and 2
MARILUZ FERMIN, :
BELLANILDA FERMIN, and :
JUAN NOLASCO, :
: COUNTY OF OFFENSE:
Defendants. : BRONX, WESTCHESTER
:
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SOUTHERN DISTRICT OF NEW YORK, ss.:
DAVID EIDAM, being duly sworn, deposes and says that he is a
Special Agent with the United States Department of Labor, Office
of the Inspector General (“DOL-OIG”), and charges as follows:
COUNT ONE
(Conspiracy to Commit Wire Fraud)
1. From in or about May 2020 up to and including in or about
October 2020, in the Southern District of New York and elsewhere,
MARILUZ FERMIN (“MARILUZ”), BELLANILDA FERMIN (“BELLANILDA”), and
JUAN NOLASCO, 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
MARILUZ FERMIN, BELLANILDA FERMIN, and JUAN NOLASCO, 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 communication in interstate and foreign commerce,
writings, signs, signals, pictures, and sounds for the purpose of
executing such scheme and artifice, in violation of Title 18,
United States Code, Section 1343, to wit, MARILUZ, BELLANILDA, and
NOLASCO submitted online applications for unemployment-insurance
benefits using the personal identifying information of other
persons in order to fraudulently obtain unemployment benefit
funds.
(Title 18, United States Code, Section 1349.)
COUNT TWO
(Theft of Government Funds)
3. From in or about May 2020 up to and including in or about
October 2020, in the Southern District of New York and elsewhere,
MARILUZ FERMIN, BELLANILDA FERMIN, and JUAN NOLASCO, the
defendants, did embezzle, steal, purloin, and knowingly convert to
their use and the use of another, and without authority did sell,
convey, and dispose of records, vouchers, money, and things of
value of the United States and a department and agency thereof, to
wit, the U.S. Department of the Treasury (“Treasury”), which
exceeded the sum of $1,000, and did receive, conceal, and retain
the same with intent to convert it to their use and gain, knowing
it to have been embezzled, stolen, purloined and converted, to
wit, MARILUZ, BELLANILDA, and NOLASCO submitted online
applications for unemployment-insurance benefits using the
personal identifying information of other persons in order to
fraudulently obtain unemployment benefit funds.
(Title 18, United States Code, Sections 641 and 2.)
COUNT THREE
(Aggravated Identity Theft)
4. From in or about May 2020 up to and including in or about
October 2020, MARILUZ FERMIN, BELLANILDA FERMIN, and JUAN NOLASCO,
the defendants, knowingly did transfer, possess, and use, without
lawful authority, a means of identification of another person,
during and in relation to a felony violation enumerated in Title
18, United States Code, Section 1028A(c), to wit, MARILUZ,
BELLANILDA, and NOLASCO submitted online applications for
unemployment-insurance benefits using the personal identifying
information of other persons in order to fraudulently obtain
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unemployment benefit funds, in connection with the offense charged
in Count Two of this Complaint.
(Title 18, United States Code, Sections 1028A(a)(1) and (b), and
2.)
The bases for my knowledge and for the foregoing charges are,
in part, as follows:
5. I am a Special Agent with the DOL-OIG and I have been
personally involved in the investigation of this matter. This
affidavit is based upon my personal participation in the
investigation of this matter, my conversations with law
enforcement agents, witnesses, and others, as well as my
examination of reports and records. Because this affidavit is
being submitted for the limited purpose of establishing probable
cause, it does not include all the facts that I have learned during
the course of my investigation. Where the contents of documents
and the actions, statements, and conversations of others are
reported herein, they are reported in substance and in part, except
where otherwise indicated. Where figures, calculations, and dates
are set forth herein, they are approximate, unless stated
otherwise.
Overview
6. Based on my participation in this investigation, I have
learned that MARILUZ FERMIN and BELLANILDA FERMIN, the defendants,
who are sisters, and JUAN NOLASCO, the defendant, who is
BELLANILDA’s partner, have engaged in a scheme to defraud the New
York State Department of Labor (“NYS DOL”) through NYS DOL’s
unemployment insurance program related to the COVID-19 pandemic,
by using the personal identifying information of their victims to
fraudulently file claims for unemployment-insurance benefits
(“UIB”) in their victims’ names, resulting in an intended loss
amount of at least approximately $1,319,328 and an actual loss
amount of at least approximately $687,314. NYS DOL receives
federal funds from the Treasury to administer the unemployment
insurance program.
The Fraudulent Applications
7. Based on my conversations with employees of NYS DOL, I
have learned, in substance and in part, that NYS DOL keeps records
on applications for unemployment-insurance benefits, and that
those records include information about, among other things, the
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name, social security number, birth date, and email address used
in each application for benefits filed with the agency.
a. In or about June 2020, MARILUZ FERMIN, BELLANILDA
FERMIN, and JUAN NOLASCO, the defendants, filed UIB claims with
NYS DOL and each listed an apartment building in Yonkers, New York
(the “Building”) as their personal residence.
b. The UIB claims filed by MARILUZ, BELLANILDA, and
NOLASCO were each filed from a particular IP address (the “IP
Address”). Based on my review of subscriber records, I know that
NOLASCO is listed as the subscriber of the IP Address and
BELLANILDA is listed as the contact for billing purposes. The IP
Address was a “static” IP address during the relevant time period,
which means that it was assigned to only one subscriber. The
location of the IP Address is an apartment in the Building
(“Apartment-1”).
c. Based on my conversations with other law
enforcement officers, I know that during border searches between
in or about 2020 and in or about 2021, MARILUZ, BELLANILDA, and
NOLASCO each informed law enforcement that they reside in the
Building. Specifically, BELLANILDA and NOLASCO indicated that
they reside in Apartment-1. In addition, MARILUZ indicated that
she resides in a separate apartment in the Building
(“Apartment-2”).
d. Between on or about May 2020 and on or about October
2020, at least approximately seventy-five other UIB claims (the
“Fraudulent Applications”) were filed with NYS DOL from the IP
Address. The Fraudulent Applications were submitted using names
and personal identifying information of different individuals,
many of whom reside in Puerto Rico, and not the continental United
States. However, all of the Fraudulent Applications listed a home
address in either New York, Connecticut, or Pennsylvania, and at
least ten of the UIB claims listed the Building, including
Apartment-1 and Apartment-2, as the home address for the claimant.
e. At least four of the Fraudulent Applications listed
a matching personal phone number (“Phone Number-1”). NOLASCO
listed Phone Number-1 as his personal phone number in his own UIB
claim. At least four of the Fraudulent Applications listed another
matching personal phone number (“Phone Number-2”). BELLANILDA
listed Phone Number-2 as her personal phone number in her own UIB
claim. At least two of the Fraudulent Applications listed the
same personal phone number (“Phone Number-3”). MARILUZ listed
Phone Number-3 as her personal phone number in her own UIB claim.
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f. Further, several of the Fraudulent Applications
included falsified identification cards. For example, I have
learned, among other things, that one of the Fraudulent
Applications was filed in the name of a victim (“Victim-1”).
Several forms of identification, including a New York State
driver’s license and a social security card, were submitted along
with Victim-1’s claim. Based on my conversations with an employee
from the Social Security Administration and NYS DOL, I have learned
that the social security card and driver’s license provided as
part of Victim-1’s claim were fraudulent.
g. Between on or about May 2020 and on or about October
2020, the IP Address was used to log into UIB claims – including
the Fraudulent Applications – at least approximately nine hundred
times. Further, the MARILUZ UIB claim was logged into using the
IP Address approximately nine times; the BELLANILDA UIB claim was
logged into using the IP Address approximately fourteen times; and
the NOLASCO UIB claim was logged into using the IP Address
approximately twenty-five times.
h. NYS DOL gives applicants an option to receive UIB
payments through a prepaid debit card that is mailed to the
applicant. One provider of those prepaid debit cards is a company
called KeyBank. Many of the Fraudulent Applications requested
that any approved funds be deposited onto KeyBank cards. Based on
my training and experience and my participation in this
investigation, I know that individuals attempting to fraudulently
receive UIB funds frequently request that UIB funds be deposited
onto KeyBank cards in order to be able to withdraw the funds in
cash from an ATM machine and thereby evade detection.
i. The intended loss amount of the Fraudulent
Applications from the NYS DOL was at least approximately
$1,319,328, and the actual loss amount was at least approximately
$687,314.
The Mariluz Phone
8. On or about October 19, 2020, MARILUZ FERMIN, the
defendant, flew from the Dominican Republic to the United States.
Officers from the United States Customs and Border Protection
conducted a routine border examination of MARILUZ upon her arrival.
During the examination, MARILUZ willingly provided the officers
with a cellphone (the “Mariluz Phone”) that was in her possession.
Subsequently, law enforcement forensically imaged the Mariluz
Phone and obtained a judicially authorized search warrant to review
the device.
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9. Based on my review of the Mariluz Phone, I have learned,
among other things, the following:1
a. The Mariluz Phone includes Whatsapp messages and
images that contain personal-identifying information – such as
driver’s licenses and social-security cards – for hundreds of
different individuals. The Mariluz Phone also includes KeyBank
cards in other persons names; handwritten and typed ledgers of
personal identifying information, including names, social security
numbers, and birthdates; and images of computer screens with UIB
applications for several states.
b. Several of the Whatsapp messages found on the
Mariluz Phone contain the personal-identifying information –
including names, email accounts, and dates of birth – used in the
Fraudulent Applications. MARILUZ FERMIN, the defendant, sent
these communications to, among others, BELLANILDA FERMIN and JUAN
NOLASCO, the defendants. Those communications included, among
other things, the following:2
i. On or about July 27, 2020, BELLANILDA forwarded the
name of two victims (“Victim-2” and “Victim-3”), as well as
Victim-2 and Victim-3’s phone numbers, social security numbers,
and dates of birth to MARILUZ. The Fraudulent Applications
included UIB claims for Victim-2 and Victim-3 – including the same
personal identifying information – resulting in an intended loss
amount of at least approximately $34,596 and an actual loss amount
of at least approximately $9,930.
ii. On or about August 20, 2020, BELLANILDA forwarded
MARILUZ the name of three victims (“Victim-4” through “Victim-6”)
1 The communications described below were predominantly in Spanish,
and I have reviewed draft translations of these communications.
2 Based on my review of these communications, I believe that MARILUZ
used the Whatsapp username “Jeffrey Jose,” which based on my
training and experience and involvement in this investigation, I
know to be the name of MARILUZ’s son; NOLASCO used the Whatsapp
username “Socio,” which based on my training and experience and
involvement in this investigation, I know to be a nickname for
NOLASCO; and BELLANILDA used the Whatsapp username “Yula,” which
also appears to be a nickname. Specifically, based on these
identifiers, the content of the communications, and the fact that
these communications were recorded on the Mariluz Phone, I believe
that these usernames were utilized by MARILUZ, NOLASCO, and
BELLANILDA, respectively.
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and inquired, in sum and substance, whether another coconspirator
(“CC-1”) had received that information. The Fraudulent
Applications included UIB claims for Victim-4 through Victim-6 –
including the same names and email accounts – resulting in an
intended loss amount of at least approximately $51,894 and an
actual loss amount of at least approximately $21,606.
iii. On or about September 8, 2020, BELLANILDA sent
MARILUZ the name of a victim (“Victim-7”), along with an email
account. The Fraudulent Applications included a UIB claim for
Victim-7 – including the same name and email account - resulting
in an intended loss amount of at least approximately $17,298 and
an actual loss amount of at least approximately $782.
Bank Surveillance Footage
10. Based on my review of bank surveillance footage
(the “Surveillance Footage”), I know that between on or about June
2020 and on or about August 2020, a male individual subsequently
identified as JUAN NOLASCO, the defendant, as discussed below,
visited several ATM machines in the Bronx, New York for the purpose
of withdrawing funds from KeyBank cards issued as a result of the
Fraudulent Applications. Specifically, I have learned, among
other things, the following:
a. On or about June 26, 2020, a male individual
withdrew funds from an ATM machine in the name of Victim-6 and two
other victims (“Victim-8” and “Victim-9”), whose UIB claims were
submitted with the Fraudulent Applications. Based on my comparison
of the male individual depicted in the Surveillance Footage with
post-arrest images (the “Images”) of NOLASCO taken in connection
with another unrelated arrest in or about November 2021, I have
learned that the male individual depicted in the Surveillance
Footage resembles NOLASCO.
b. On or about June 30, 2020, NOLASCO withdrew funds
from an ATM machine in the name of Victim-8 and another victim
(“Victim-10”), whose UIB claims were submitted with the Fraudulent
Applications. Based on my comparison of the male individual
depicted in the Surveillance Footage with the Images, I have
learned that the male individual depicted in the Surveillance
Footage resembles NOLASCO.
c. On or about July 3, 2020, NOLASCO withdrew funds
from an ATM machine in the name of Victim-8 and another victim
(“Victim-11”), whose UIB claims were submitted with the Fraudulent
Applications. Based on my comparison of the male individual
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depicted in the Surveillance Footage with the Images, I have
learned that the male individual depicted in the Surveillance
Footage resembles NOLASCO.
d. On or about July 9, 2020, NOLASCO withdrew funds
from an ATM machine in the name of Victim-5, Victim-8, and
Victim-9, whose UIB claims were submitted with the Fraudulent
Applications. Based on my comparison of the male individual
depicted in the Surveillance Footage with the Images, I have
learned that the male individual depicted in the Surveillance
Footage resembles NOLASCO.
e. On or about July 13, 2020, NOLASCO withdrew funds
from an ATM machine in the name of a victim (“Victim-12”), whose
UIB claim was submitted with the Fraudulent Applications. Based
on my comparison of the male individual depicted in the
Surveillance Footage with the Images, I have learned that the male
individual depicted in the Surveillance Footage resembles NOLASCO.
f. On or about July 14, 2020, NOLASCO withdrew funds
from an ATM machine in the name of Victim-12 and another victim
(“Victim-13”), whose UIB claims were submitted with the Fraudulent
Applications. Based on my comparison of the male individual
depicted in the Surveillance Footage with the Images, I have
learned that the male individual depicted in the Surveillance
Footage resembles NOLASCO.
g. On or about July 28, 2020, NOLASCO withdrew funds
from two ATM machines in the name of Victim-5, Victim 12, and
Victim-13, and four other victims (“Victim-14” through “Victim-
17”), whose UIB claims were submitted with the Fraudulent
Applications. Based on my comparison of the male individual
depicted in the Surveillance Footage with the Images, I have
learned that the male individual depicted in the Surveillance
Footage and the Images are one and the same person, namely,
NOLASCO.
h. On or about August 16, 2020, NOLASCO withdrew funds
from an ATM machine in the name of Victim-14 and two other victims
(“Victim-18” and “Victim-19”), whose UIB claims were submitted
with the Fraudulent Applications. Based on my comparison of the
male individual depicted in the Surveillance Footage with the
Images, I have learned that the male individual depicted in the
Surveillance Footage and the Images are one and the same person,
namely, NOLASCO.
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WHEREFORE, I respectfully request that a warrant be
issued for the arrest of MARILUZ FERMIN, BELLANILDA FERMIN, and
JUAN NOLASCO, the defendants, and that they be imprisoned or
bailed, as the case may be.
/s/ David Eidam with permission
_______________________________
DAVID EIDAM
Special Agent
Department of Labor
Office of the Inspector General
Sworn to me through the transmission of
this Complaint by reliable electronic
means, pursuant to Federal
Rules of Criminal Procedure 41(d)(3)
10th day of December, 2021
and 4.1, this ___
__________________________________
THE HONORABLE JAMES L. COTT
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF NEW YORK
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