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Three Massachusetts Men Charged With Social Security Number Misuse and Aggravated Identity Theft

August 13, 2018

Office Affiliation: The Office of Investigations

From the U.S. Attorney’s Office, District of Massachusetts:

BOSTON – Three men were indicted yesterday in federal court in Boston with aggravated identity theft and false representation of a Social Security number.  All three individuals were arrested and charged by criminal complaint on July 26, 2018, in a federal document and benefit fraud sweep.

Jose Lopez Rosado, 54, of Worcester; John Doe, whose true identity remains unknown, but who was residing in Lynn; and James Alfred Pena Guerrero, 30, a Dominican national residing in Dorchester, were each indicted on one count of aggravated identity theft and one count of false representation of a Social Security number. All three defendants are currently in custody.

According to court documents, Lopez Rosado escaped from prison in Puerto Rico in 1994 while serving a 40-year sentence for second degree murder.  His true identity was discovered during the federal investigation into document and benefit fraud.  He is currently in state custody on unrelated charges. The indictment alleges that Lopez Rosado falsely represented a number to be the Social Security number assigned to him on an application submitted to the Massachusetts Registry of Motor Vehicles (RMV) when the Social Security number was not his. By submitting the Social Security number of another individual on his application, he committed identity theft.

John Doe and Pena Guerrero were charged in separate indictments with falsely representing a number to be the Social Security number assigned to them on applications they submitted to the Massachusetts RMV when the Social Security numbers were not theirs; by doing so, they also committed identity theft.

The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. False representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement today. Valuable assistance was provided by the U.S. Marshals Service Puerto Rico Violent Offender Task Force. Special Assistant U.S. Attorney Karen Burzycki is prosecuting the cases.

The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – Three men were indicted yesterday in federal court in Boston with aggravated identity theft and false representation of a Social Security number.  All three individuals were arrested and charged by criminal complaint on July 26, 2018, in a federal document and benefit fraud sweep.

Jose Lopez Rosado, 54, of Worcester; John Doe, whose true identity remains unknown, but who was residing in Lynn; and James Alfred Pena Guerrero, 30, a Dominican national residing in Dorchester, were each indicted on one count of aggravated identity theft and one count of false representation of a Social Security number. All three defendants are currently in custody.

According to court documents, Lopez Rosado escaped from prison in Puerto Rico in 1994 while serving a 40-year sentence for second degree murder.  His true identity was discovered during the federal investigation into document and benefit fraud.  He is currently in state custody on unrelated charges. The indictment alleges that Lopez Rosado falsely represented a number to be the Social Security number assigned to him on an application submitted to the Massachusetts Registry of Motor Vehicles (RMV) when the Social Security number was not his. By submitting the Social Security number of another individual on his application, he committed identity theft.

John Doe and Pena Guerrero were charged in separate indictments with falsely representing a number to be the Social Security number assigned to them on applications they submitted to the Massachusetts RMV when the Social Security numbers were not theirs; by doing so, they also committed identity theft.

The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. False representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement today. Valuable assistance was provided by the U.S. Marshals Service Puerto Rico Violent Offender Task Force. Special Assistant U.S. Attorney Karen Burzycki is prosecuting the cases.

The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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