Sealed Complaint — United States of America v. Yohauris Rodriguez Hernandez, 22 MJ 431 (S.D.N.Y.)
Summary
A sealed complaint, 22 MJ 431, in the U.S. District Court for the Southern District of New York, sworn before Magistrate Judge Judith C. McCarthy by David A. Schwartz, a Postal Inspector with the United States Postal Inspection Service. It charges Yohauris Rodriguez Hernandez with conspiracy to commit wire fraud, conspiracy to commit theft of government funds and aggravated identity theft for conduct from about February 2020 to December 2020. The affidavit alleges an effort to obtain approximately $1.9 million in unemployment benefits using the names and social security numbers of at least 159 individuals. It reports 76 NY UI Claim Accounts with an authorized aggregate payout of approximately $1,520,841. The complaint asks that a warrant be issued for the defendant's arrest.
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Full text
Approved: ________________________________
KEVIN SULLIVAN
Assistant United States Attorney
Before: THE HONORABLE JUDITH C. McCARTHY
United States Magistrate Judge
Southern District of New York
- - - - - - - - - - - - - - - - X 22 MJ 431
: SEALED COMPLAINT
:
UNITED STATES OF AMERICA
:
Violations of
- v. - :
18 U.S.C. §§ 371,
:
1028A(a)(1) and (b),
:
YOHAURIS RODRIGUEZ HERNANDEZ, 1349, and 2
:
Defendant. :
COUNTIES OF OFFENSE:
:
WESTCHESTER, BRONX
:
- - - - - - - - - - - - - - - - X
SOUTHERN DISTRICT OF NEW YORK, ss.:
DAVID A. SCHWARTZ, being duly sworn, deposes and says
that he is a Postal Inspector with the United States Postal
Inspection Service (“USPIS”), and charges as follows:
COUNT ONE
(Conspiracy to Commit Wire Fraud)
1. From at least in or around February 2020 up to
and including in or around December 2020, in the Southern
District of New York and elsewhere, YOHAURIS RODRIGUEZ
HERNANDEZ, the defendant, 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 YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, 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, and sounds for the purpose of
executing such scheme and artifice, in violation of Title 18,
United States Code, Section 1343, to wit RODRIGUEZ HERNANDEZ,
and others known and unknown, conspired to the use personal
identifying information of other persons to fraudulently apply
for and obtain unemployment benefits and did so through the use
of phone communications and the internet.
(Title 18, United States Code, Sections 1349.)
COUNT TWO
(Conspiracy to Commit Theft of Government Funds)
3. From at least in or around February 2020 up to
and including in or around December 2020, in the Southern
District of New York and elsewhere, YOHAURIS RODRIGUEZ
HERNANDEZ, the defendant, 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, theft 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
YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, 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 United 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 convert it to their
use and gain, knowing it to have been embezzled, stolen,
purloined and converted.
Overt Act
5. In furtherance of the conspiracy and to effect
the illegal object thereof, YOHAURIS RODRIGUEZ HERNANDEZ, the
defendant, committed the following overt act, among others, in
the Southern District of New York or elsewhere:
a. On or about December 2, 2020 and on or about
December 3, 2020, YOHAURIS RODRIGUEZ HERNANDEZ, and others known
and unknown, possessed numerous names, dates of births, and
social security numbers of other persons used or to be used to
fraudulently apply for and obtain unemployment benefits.
b. On or about June 19, 2020, YOHAURIS
RODRIGUEZ HERNANDEZ sent a co-conspirator (“CC-1”) personal
identifying information for an individual (“Individual-1”) with
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a purported Arizona address, including a name, date of birth,
social security number, and email address, in connection with
the fraudulent disbursement of unemployment benefits in
Individual-1’s name into a bank account held by CC-1.
(Title 18, United States Code, Section 371.)
COUNT THREE
(Aggravated Identity Theft)
6. From at least in or about February 2020, up to
and including at least in or about December 2020, in the
Southern District of New York and elsewhere, YOHAURIS RODRIGUEZ
HERNANDEZ, the defendant, 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, RODRIGUEZ HERNANDEZ transferred, possessed, and used the
names, dates of birth, and social security numbers of other
individuals in connection with the offenses charged in Count
Ones and Two of this Complaint.
(Title 18, United States Code, Sections 1028A(a)(1), 1028A(b),
and 2.)
The bases for my knowledge and for the foregoing
charges are, in part, as follows:
7. I am a Postal Inspector with the USPIS, and I
have been personally involved in the investigation of this
matter. This affidavit is based on, among other things, my
conversations with law enforcement officers and others, my
examination of reports and records prepared by law enforcement
officers and others, and my involvement in this investigation.
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.
8. As set forth below, there is probable cause to
believe that YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, has
participated in a scheme that sought to obtain approximately
$1.9 million in unemployment benefits by fraudulently filing for
benefits using the names and social security numbers of at least
159 individuals.
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COVID-19 Unemployment Assistance
9. Since in or around December 2020, the USPIS, the
United States Department of Labor, Office of Inspector General
(“DOL-OIG”), and the Social Security Administration, Office of
Inspector General (“SSA-OIG”) have been investigating a fraud
scheme targeting unemployment insurance benefits during the
COVID-19 pandemic.
10. Based on my participation in this investigation
and my communications with other law enforcement officers, I
have learned the following:
a. Unemployment Insurance (“UI”) is a state-
federal program that provides monetary benefits to eligible
lawful workers. Although state workforce agencies (“SWAs”)
administer their respective UI programs, they must do so in
accordance with federal laws and regulations. UI payments
(benefits) are intended to provide temporary financial
assistance to lawful workers who are unemployed through no fault
of their own. Each state sets its own additional requirements
for eligibility, benefit amounts, and the length of time
benefits can be paid. Generally, UI weekly benefit amounts are
based on a percentage of a worker’s earnings over a base period.
In the State of New York, the New York State Department of Labor
(“NYS DOL”) administers the UI program.
b. Initially as part of the Coronavirus Aid,
Relief, and Economic Security (“CARES”) Act, UI eligibility was
expanded to provide assistance as a result of the ongoing COVID-
19 pandemic. In total, more than $300 billion in additional
federal funds for UI benefits have been appropriated since in or
about March 2020 (“COVID-19 UI Benefits”).
c. The NYS DOL, like other states, offers an
online website (“the Website”) through which applicants can,
among other things, apply for COVID-19 UI Benefits and verify
unemployment status, as outlined below. In order to apply for
COVID-19 Benefits through the Website, an applicant must
complete and submit an online application (the “Application”)
that includes, among other things, the applicant’s name, date of
birth, social security number, and address. The NY DOL
sometimes requires additional documents, including photo
identification. In addition, the applicant can direct that the
NY DOL send any approved funds to a specific bank account or to
a debit card. The debit cards are issued from a specific
financial institution (“Bank-1”) to applicants.
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d. If the Application is approved, the
applicant is required to log on to the Website on a weekly basis
thereafter to verify his/her continued unemployment status and
efforts to seek employment (the “Verification Process”).
e. An applicant may submit a COVID-19 UI
Benefits application and complete the required Verification
Process through the Website using various electronic devices,
including, among others, a laptop or desktop computer, tablet,
and/or a cellular device.
RODRIGUEZ HERNANDEZ’s and CC-1’s
December 3, 2020 Yonkers Arrests
11. Based on my communications with law enforcement
officers, my review of reports and records of the Yonkers Police
Department (“YPD”), and my own participation in this
investigation, I know that, on or about December 3, 2020, YPD
officers responded to a 911 call from the front-desk clerk (the
“Clerk”) of a hotel located on Executive Boulevard in Yonkers,
New York (the “Hotel”) regarding a collection of suspicious mail
found in one of the Hotel’s guest rooms. Based on my review of
a YPD report and statement of the Clerk taken by YPD, my review
of other law enforcement documents prepared in connection with
this investigation, and my communications with other law
enforcement officers, I learned the following:
a. On or about December 2, 2020, around 10:30
p.m., Hotel staff retrieved from Room 135 a large quantity of
suspicious mail after receiving a call from a guest in Room 135
stating, in sum and substance, that some mail had been left in
Room 135 by the prior guests. The mail consisted of numerous
envelopes from the NYS DOL addressed to many different
individuals. The mail appeared to be pre-sorted into bundles
secured with rubber bands and other various stacks. Certain
envelopes were already open and found to contain what appeared
to be debit cards with pin numbers listed.
b. Officer-1, upon being shown by the Clerk the
mail, including one of the opened envelopes with a debit card
inside, felt several other unopened envelopes, and, based on
what he felt, believed those envelopes also contained debit
cards. A picture of the mail taken by the Clerk as found in
Room 135 is below:
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c. The prior guests who had been staying in
Room 135 were originally supposed to check out that day but had
extended their stay at the Hotel. Room 135 had already been
booked for a new reservation starting that day, and so, the
prior guests in Room 135 were moved to Room 213.
d. Shortly after the call from Room 135, a
female guest from Room 335 (“Individual-1”) spoke to the Clerk
and explained, in sum and substance, that she was friends with
the guests in Room 213, that she was translating for them
because they do not speak English, and that they left some items
in Room 135 and needed to retrieve them. The Clerk explained to
Individual-1 that Room 135 was occupied by new guests and that
she would have to wait until morning.
e. At approximately 12:00 a.m. on or about
December 3, 2020, Individual-1 called the Clerk and insisted, in
sum and substance, that she be able to go to Room 135 and
retrieve the items that had been left by her friends in Room
213. The Clerk again explained, in sum and substance, that she
could not do so until the morning. After speaking with
Individual-1, the Clerk then called 911.
f. Upon responding to the Hotel, Officer-1 and
the other responding YPD officers received from Hotel staff a
visual description of the guests in Room 213. Offier-1 and
another officer proceeded to the second floor of the Hotel to
speak to the guest in Room 213. When they reached the second
floor, the officers saw two individuals –- a female, who was
later identified as YOHAURIS RODRIGUEZ HERNANDEZ, the defendant,
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and a male (identified herein as “CC-1”) -- who matched the
visual description given by Hotel staff, getting onto an
elevator. The officers alerted the other responding YPD
officers on the Hotel premises.
g. After Officer-1 and the other officer
alerted the other responding YPD officers, YPD officers
canvassing the parking lot, surrounding grounds and office park
in the vicinity of the Hotel spotted two individuals who matched
the visual description of the guests in Room 213 given by Hotel
staff. The two individuals, later identified as RODRIGUEZ
HERNANDEZ and CC-1, were proceeding on foot walking away from
the Hotel in the vicinity of the main road of the surrounding
office park when they were spotted and stopped by YPD officers.
h. When asked by the YPD officers as to where
they were headed, RODRIGUEZ HERNANDEZ and CC-1 told the
officers, in sum and substance, that they were headed to a
nearby chain restaurant (the “Restaurant”) in the surrounding
office park to get food. The YPD officers observed, however,
that they already appeared to be carrying food takeout
containers, and the officers were further aware, based on their
familiarity with the Restaurant mentioned and the time being
after midnight, that the Restaurant was closed at that point.
i. YPD officers brought a member of the Hotel
staff to the location who then identified RODRIGUEZ HERNANDEZ
and CC-1 as the guests from Room 213 who were previously in Room
135.
j. YPD officers then, at the direction of the
YPD sergeant at the scene (“Sergeant-1”), transported RODRIGUEZ
HERNANDEZ and CC-1 back to the Hotel lobby, where they were
informed, in sum and substance, that they were being detained
pending YPD’s ongoing investigation at the Hotel.
k. Upon RODRIGUEZ HERNANDEZ and CC-1 being
detained and providing identification, a YPD officer (“Officer-
2”) searched a brown, luxury-brand handbag that RODRIGUEZ
HERNANDEZ had in her possession at the time (the “Brown
Handbag”). Inside of the Brown Handbag, Officer-2 found, among
other things, photocopies of what appeared to be (1) a
Pennsylvania driver’s license that did not have the image or
name of RODRIGUEZ HERNANDEZ on it, (2) a social security card
with the same name as on the driver’s license, and (3) a utility
bill in the same name as on the driver’s license and social
security card but addressed to a New York address -- all of
which were stapled together. Officer-2 further found a large
mail envelope open (the “Envelope”) which contained, among other
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things, a phone bill not in RODRIGUEZ HERNANDEZ’s name with a
recipient address and apartment number on Webb Avenue in the
Bronx (the “Webb Avenue Address”). 1
l. After being detained, CC-1 was observed by
YPD officers accessing an iPhone in his possession (“CC-1’s
Phone”) and was instructed multiple times to stop in light of
YPD’s ongoing investigation at the Hotel and search for other
associates of RODRIGUEZ HERNANDEZ and CC-1. Upon further
disobeying the officers, Officer-2 seized CC-1’s Phone and saw
on the screen that CC-1 had navigated to the “Settings”
application that allowed the phone user to do a factory reset of
the iPhone, which Officer-2 understood would effectively wipe
the iPhone. To prevent a factory reset of the iPhone, Officer-2
closed the “Settings” application by swiping upward on the
screen, revealing the next application open and in use, which
appeared to be the “Deleted” portion of the iPhone “Photos”
application, showing recently deleted photos. Officer-2
observed on the screen numerous images of what appeared to be
pages with handwriting on them. To prevent any further deletion
of photos, Officer-2 closed the “Photos” application by swiping
upward on the screen, revealing the next application open and in
use, which appeared to be WhatsApp, showing a text chain in
Spanish in which Officer-2 recognized the word “policia,” which
he understood to be a reference to the police.
m. Officer-2 then searched a laptop bag that
CC-1 had in his possession at the time (the “Laptop Bag”).
Inside of the Laptop Bag, Officer-2 found, among other things, a
laptop and a notepad with a blue cover (the “Blue Notepad”) with
a page visible that had handwritten notes which appeared to
reflect multiple individuals’ personal identifying information -
- such as names, dates of birth, and social security numbers.
Officer-2 flipped through additional pages of the Blue Notepad
that appeared similar in nature. The handwritten pages also
appeared similar in nature to the handwritten pages shown in the
recently deleted images in the “Photos” application on CC-1’s
iPhone. 2
12. Based on my communications with law enforcement
officers, my review of YPD reports and records, and my own
participation in this investigation, I know that at the request
1 At that point, RODRIGUEZ HERNANDEZ denied that the Envelope
was hers and stated, in sum and substance, that CC-1 must have
put it in the Brown Handbag.
2 At that point, CC-1 denied that the Blue Notepad was his
and claimed that RODRIGUEZ HERNANDEZ had sent him the photos of
the handwritten pages.
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of YPD, federal agents with the USPIS, including myself, and the
DOL-OIG, responded both to the Hotel and to a YPD precinct where
YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, and CC-1 were
taken. I further know that, after subsequent questioning by the
agents of RODRIGUEZ HERNANDEZ and CC-1, separately, and upon
both having been read their Miranda rights and initially
agreeing to wave those rights, law enforcement officers released
CC-1 and transferred RODRIGUEZ HERNANDEZ into the custody of
Immigration and Customs Enforcement (“ICE”) after determining
that RODRIGUEZ HERNANDEZ was a non-United States citizen and
subject to a prior order of removal issued by an Immigration
Judge. 3
The Fraudulently Obtained New York UI Benefits
13. Based on my communications with other law
enforcement officers, my own participation in this
investigation, including my review of the mail recovered from
Room 135 of the Hotel, and my review of records and information
obtained from the NYS DOL, I know the following regarding the
contents of the mail found in Room 135 of the Hotel on or about
December 2, 2020 and NYS DOL UI benefit debit cards recovered
therein:
a. There were approximately 500 pieces of mail
sent by the NYS DOL found in Room 135. Among those pieces of
mail, were approximately 76 envelopes determined to each contain
a debit card issued to individual UI claimants by Bank-1 at the
direction of NYS DOL (the “76 NY UI Claim Accounts”).
b. The NY DOL gathered information associated
with the 76 NY UI Claim Accounts, including the dates on which
the UI claimant applications were submitted; the physical
addresses and phone numbers associated with the applications;
the internet protocol (“IP”) addresses used to complete and
submit the applications and/or complete the Verification Process
in connection with the applications; and the total amount of
3 Based on my communications with other law enforcement
officers, my review of court documents, and my own participation
in this investigation, I know that RODRIGUEZ HERNANDEZ has been
prosecuted in the United States District Court for the Southern
District of New York for illegal re-entry into the United States
after having been removed from the United States subsequent to a
conviction for the commission of an aggravated felony, in
violation of Title 8, United States Code, Sections 1326(a) and
(b)(2).
9
COVID-19 Benefits authorized and/or dispersed in connection with
the applications.
c. None of the individual claimants for the 76
NY UI Claim Accounts were identified as YOHAURIS RODRIGUEZ
HERNANDEZ, the defendant, or CC-1.
d. Approximately 72 of the 76 NY UI Accounts
had email addresses associated with the account, and 73 had been
accessed online. In numerous instances, the email addresses
associated with the accounts appear to be close variations of
each other in which a period or number is slightly altered from
one address to the next, as shown in the subset of examples
below:
P.ER.EZ.C.ARLOS.2580@GMAIL.COM
PEREZCAR.LOS2580@GMAIL.COM
P.EREZ.CARLOS.2580@GMAIL.COM
PE.RE.ZCA.RLOS2580@GMAIL.COM
PEREZ.C.ARLO.S.2580@GMAIL.COM
PERE.ZCARLOS2580@GMAIL.COM
PEREZ.C.A.RLO.S2580@GMAIL.COM
P.E.REZ.C.ARLO.S2.580@GMAIL.COM
P.E.RE.ZCARLO.S2580@GMAIL.COM
PER.EZC.ARL.OS2.580@GMAIL.COM
PEREZ.CARLO.S2.580@GMAIL.COM
PEREZ.C.AR.LO.S2.580@GMAIL.COM
P.EREZ.C.AR.LOS.2580@GMAIL.COM
PE.REZCA.RLOS.2580@GMAIL.COM
Based on my training and experience, I know this to be a common
tactic used by the perpetrators of UI benefits fraud to organize
and keep track of the numerous email addresses generated and
required to illegally access multiple UI benefits accounts on a
large scale.
e. Of the addresses listed for the 76 NY UI
Claim Accounts, approximately 55 are in the 11368 zip code of
New York City. Of those approximately 55, the vast majority of
them are on one of the following three streets: Roosevelt
Avenue, 41st Avenue, and 42nd Avenue.
f. The authorized aggregate payout of UI
benefits across the 76 NY UI Claim Accounts was approximately
$1,520,841. As of the end of in or about December 2020, the
aggregate UI benefits paid out to date across the 76 NY UI Claim
Accounts was approximately $406,225.
10
RODRIGUEZ HERNANDEZ and CC-1’s
Participation in the Fraud Scheme
14. Based on my communications with other law
enforcement officers and my own participation in this
investigation, I know that a federal search warrant was obtained
and executed in connection with the Brown Handbag of YOHAURIS
RODRIGUEZ HERNANDEZ, the defendant, CC-1’s Laptop Bag, CC-1’s
Phone, and, among other devices, an iPhone belonging to
RODRIGUEZ HERNANDEZ (“RODRIGUEZ HERNANDEZ’s Phone”).
The Blue Notebook
15. Based on my communications with other law
enforcement officers, my own participation in this
investigation, and my review and examination of pages in the
Blue Notebook recovered from the Laptop Bag in the possession of
CC-1 at the time of his arrest with YOHAURIS RODRIGUEZ
HERNANDEZ, the defendant, by YPD in December 2020, I know the
following about the substance of the Blue Notebook:
a. The Blue Notebook has approximately 30 pages
of handwritten notes reflecting numerous individual names –-
none of whom are that of RODRIGUEZ HERNANDEZ or CC-1 –-
alongside what appear to be any or all of the following: dates
of births, addresses, social security numbers, and 16-digit
numbers written in 4-digit segments that appear to be bank card
or financial account numbers.
b. Multiple of the pages are labeled at the top
with the names of states, such as New York, Pennsylvania, and
Arizona, with some having dates written at the top as well,
ranging from in or about February 2020 to in or about July 2020.
c. On two pages there are lists of street
address numbers for particular streets in the 11368 zip code of
New York City, including Roosevelt Avenue and 42nd Avenue.
Multiple of these street address numbers are the same as those
listed for multiple of the 76 NY UI Claim Accounts with
addresses in the 11368 zip code. Images of the pages are shown
below:
11
Arizona Victim-1
16. Based on my review of the contents of the Phone
of YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, and CC-1’s
Phone, I know that on or about June 19, 2020 RODRIGUEZ HERNANDEZ
sent CC-1 personal identifying information (“PII”) for an
individual with a purported Arizona address (“Arizona Victim-
1”), including a name, date of birth, social security number,
and email address. Along with the information sent by RODRIGUEZ
HERNANDEZ was the number “8,426” and a bank account number
ending in 6486 along with a listed routing number (the “6486
Account”).
17. Based on my review of records and information
obtained from the U.S. Department of Labor (“DOL”), I know that
on or about June 12, 2020, an application for COVID-19
Unemployment Benefits was submitted to the Arizona SWA using the
same above-referenced PII and email address sent by YOHAURIS
RODRIGUEZ HERNANDEZ, the defendant. I further know that this
claim resulted in the disbursement of $9,960.00 in benefits.
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18. Based on my review of records obtained from the
financial institution where the 6486 Account is held (“Bank-2”),
I know that the 6486 Account is an account at Bank-2 registered
to CC-1. I also know that on or about June 17, 2020, a deposit
was made into CC-1’s 6486 Account from “STATE OF ARIZONA
BENEFITPAY” in the amount of $9,960.00. I further know that,
following this deposit, a withdrawal in the amount of $1,534.00
was made from the 6486 Account, leaving a balance of the benefit
disbursement of $8,426.00, which is the amount listed by
YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, in the above-
referenced June 19, 2020 text message.
19. Based on my communications with a special agent
of the SSA-OIG (“SSA-OIG Agent-1”), who verified the existence
of the Arizona Victim-1, I have learned that Arizona Victim-1
does have the social security number and date of birth provided
by YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, to CC-1 but has
no association with the provided address or any other address in
Arizona.
The Wanda C. Gmail, Massachusetts Victims, and Affiliated IPs
20. Based on my review of the contents of the Phone
of YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, and CC-1’s
Phone, I know that on or about June 22, 2020, CC-1 sent
RODRIGUEZ HERNANDEZ multiple images of an internet browser open
with webpages displayed that indicated the completion of an
identity verification process for “pandemic unemployment
assistance” (“PUA”) on the “mass.gov” website, which, based on
my research and experience, I know is the website through which
the Massachusetts SWA administers COVID-19 UI Benefits. These
images also show an internet browser tab open indicating that
the computer user was also actively logged into the Gmail
account WANDACXXXXXXX@GMAIL.COM (the “Wanda C. Gmail”) at the
time.
21. Based on my review of records and information
obtained from the DOL, I know that eight applications for
Massachusetts PUA claims were made between on or about May 21,
2020 and on or about May 23, 2020 and that the purported
claimant provided the same Wanda C. Gmail in doing so (the
“Eight Applications”). I also know that of the Eight
Applications, three resulted in the disbursement of benefit
funds totaling approximately $62,000.
22. Based on my review of the contents of the Phone
of YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, and CC-1’s
Phone, I know that between on or about June 16, 2020 and June
19, 2020, CC-1 sent RODRIGUEZ HERNANDEZ images of social
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security cards with numbers matching the social security numbers
listed in the Eight Applications as well as photos of
Massachusetts driver licenses with addresses matching the
addresses listed in the Eight Applications.
23. Based on my communications with SSA-OIG Agent-1,
and his review of SSA database information and further
examination of images showing social security cards, I have
learned that SSA-OIG Agent-1 determined that the cards, based on
their appearance and the presence of other numbering, are
fraudulent but do bear true social security numbers matching the
listed victims, who SSA-OIG Agent-1 verified exist. 4
24. Based on my own queries of commercially available
and open-source databases, I know that the addresses listed in
the Eight Applications have no known association with the eight
victims but that listed names and dates of birth match the true
victims’ information.
25. Based on my review of records and information
obtained from the DOL, which provide web browser and IP address
information in connection with the Eight Applications for PUA
associated with the Wanda C. Gmail, the claims were made using
an Opera Web browser, which, based on my research and
experience, I know to be a web browser that uses a built-in
virtual private network or “VPN” which can conceal the true IP
address of the user. I also know that all Eight Applications
were made using the Web Opera Browser VPN with an IP address
starting with 77.11.246 (the “77.11.246 IP Address”). I further
know that between on or about May 7, 2020 and June 22, 2020, at
least another 13 additional Massachusetts PUA applications were
made using the same Opera Web Browser (the “Thirteen
Applications”).
26. Based on my review of the contents of the Phone
of YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, and CC-1’s
Phone, I know that text communications and images sent between
RODRIGUEZ HERNANDEZ and CC-1 contained PII and purported
identity documents with the same PII and other information used
in the Thirteen Applications. Based on my review of records and
information obtained from the DOL regarding the Thirteen
Applications, I know that five resulted in the disbursement of
benefit funds totaling approximately $69,240.
4 Some of the social security cards contain misspelled names
that are, nonetheless, a close approximation of the respective
victim name’s true spelling.
14
27. Based on my communications with SSA-OIG Agent-1,
and his review of SSA database information and my own queries of
commercially available and open-source databases, I have learned
that the individuals listed as purported claimants on the
Thirteen Applications exist but that there is no known
association between the true victims and the addresses listed in
the Thirteen Applications.
Massachusetts Second Factor Authentication
28. Based on my review of the contents of the Phone
of YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, and CC-1’s
Phone, I know that on or about June 19, 2020, CC-1 sent
RODRIGUEZ HERNANDEZ an image of a social security card and
Massachusetts driver license both in the name of a particular
individual (“MA Victim-1”) as well as a photo of a notebook page
with handwritten PII for MA Victim-1. On or about the same day,
RODRIGUEZ HERNANDEZ texted CC-1 a Gmail address purportedly for
MA Victim-1 (the “MA Victim-1 Gmail”), after which CC-1 responds
with an image of a screenshot of the mass.gov PUA website with a
message on the site requesting a second factor authentication
code sent to the MA Victim-1 Gmail, to which RODRIGUEZ HERNANDEZ
then responds providing what appears to be a second factor
authentication code.
29. Based on my review of records and information
obtained from the DOL, I know that on or about May 20, 2020, a
Massachusetts PUA application was made in the name of MA Victim-
1 using the same mailing address listed on the driver license
and handwritten notebook page shown in the images sent by CC-1
to YOHAURIS RODRIGUEZ HERNANDEZ, the defendant.
30. Based on my communications with SSA-OIG Agent-1,
and his review of SSA database information and further
examination of an image showing the social security card listing
MA Victim-1, I have learned that SSA-OIG Agent-1 determined that
the card, based on its appearance and the presence of other
numbering, is fraudulent but does bear a true social security
number matching the listed victim, who SSA-OIG Agent-1 verified
exists.
31. Based on my own queries of commercially available
and open-source databases, I know that the address listed on the
application for MA Victim-1 has no known association with MA
15
Victim-1 but that the listed name and date of birth match the
true victim’s information. 5
32. Based on my review of the contents of the Phone
of YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, and CC-1’s
Phone, and my review of records and information obtained from
the DOL, I know that at least six other Massachusetts PUA
applications were made using emails and second factor
authentication codes that were sent via text communications
and/or images between RODRIGUEZ HERNANDEZ and CC-1.
33. Based on my review of the contents of the Phone
of YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, and CC-1’s
Phone, I know that on or about July 14 and July 27, 2020,
RODRIGUEZ HERNANDEZ sent CC-1, the defendant, images of
additional notebook pages, similar to those described above, see
¶ 15(c), supra, listing street address numbers for particular
streets in and around the 11368 zip code of New York City,
including ones that are same as multiple of the of the street
addresses listed for the 76 NY UI Claim Accounts. Images of the
pages are shown below:
5
The name is misspelled on the purported documents but,
nonetheless, appears to be a close approximation of the victim
name’s true spelling.
16
Total UI Claims Associated with PII in Phone Communications
34. Based on my communications with other law
enforcement officers, my review of the contents of the Phone of
YOHAURIS RODRIGUEZ HERNANDEZ, the defendant, and CC-1’s Phone,
and my review of records and information obtained from the DOL,
I know that, in total, RODRIGUEZ HERNANDEZ and CC-1 exchanged
text messages, images, and other communications containing PII
that included approximately 83 different social security numbers
that are associated with applications and claims for COVID-19 UI
Benefits made in approximately 11 different states and Puerto
Rico and total approximately, $306,748 in disbursed benefit
funds.
35. Based on the foregoing, I believe there is
probable cause to believe that YOHAURIS RODRIGUEZ HERNANDEZ, the
defendant, is a participant in a scheme to fraudulently obtain
COVID-19 UI Benefits.
WHEREFORE, I respectfully request that a warrant be
issued for the arrest of YOHAURIS RODRIGUEZ HERNANDEZ, the
defendant, and that she be arrested, and imprisoned or bailed,
as the case may be.
V'DYLG$6FKZDUW]E\-&0ZLWKSHUPLVVLRQ
______________________________________
DAVID A. SCHWARTZ
Postal Inspector
United States Postal Inspection Service
Sworn to me through the transmission of
this Complaint by reliable electronic
means, this ___
WK day of January, 2022.
___________________________________
THE HONORABLE JUDITH C. McCARTHY
United States Magistrate Judge
Southern District of New York
17
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