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Pair Pleads Guilty To $4.4 Million False Income Tax Refund Scheme

2013-12-19 · Press release

Mentions 1960 Verified 1960
CONTACT: Fred Alverson
Public Affairs Officer

COLUMBUS, OHIO -- Jose Luis Martinez, 47, of Columbus, Ohio, and Mercedes Emelinda-Silie, 41, of Grove City, Ohio both pleaded guilty to one count of conspiracy to defraud the Internal Revenue Service (IRS) by filing false claims for federal income tax refunds.  Martinez also pleaded guilty to one count of operating an unlicensed money transmitting business. The total tax loss in this case is approximately $4,415,492.58.  Martinez and Silie each face a maximum of ten years in prison and a fine of up to $250,000

Carter M. Stewart, United States Attorney for the Southern District of Ohio; Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigation, Cincinnati Field Office; and Dugan T. Wong, Inspector in Charge, U.S. Postal Inspection Service announced the guilty pleas entered today before U.S. District Judge Gregory L. Frost.

According to court documents, during 2010 and 2011 Martinez and Silie jointly owned and operated San Isidro Cargo in Columbus. San Isidro Cargo was registered with the U.S. Treasury Department as a Money Service Business to provide services such as check-cashing, wire transfers, tax-preparation, notary services, and title services among others.

Martinez operated San Isidro Cargo without a check-casher’s license knowing that one was required by the Ohio Revised Code.  Martinez used San Isidro Cargo to assist co-conspirators, primarily located in New York and New Jersey, in carrying out the income tax refund scheme which came to be known as “Operation Mass Mail.”

This scheme involved the mass filing of hundreds of false income tax returns with Social Security Numbers and identifying information of residents of Puerto Rico. The false income tax returns contained fictitious information including employee wages and employee withholding.  The false income tax returns were accompanied by counterfeit Forms W-2 that used, without legal authority, the names and Employer Identification Numbers of legitimate U.S. businesses. The income tax refund checks were mailed to pre-arranged addresses, usually apartments in New York.  Many of the income tax refund checks shared the same street address, but different apartment numbers, making it easier for co-conspirators to collect the checks from one location.  The checks were collected by corrupt letter carriers and apartment managers or by other perpetrators who simply waited for the checks to be delivered by unknowing mail carriers.  The conspirators then used couriers to travel to other states, including Ohio, to cash the checks at various check-cashing services, including San Isidro Cargo.

Martinez and Silie knew the U.S. Treasury checks they received from persons from New York and New Jersey stemmed from fictitious income tax returns.  Martinez and Silie also knew the endorsements on the checks were forged.  Martinez allowed one individual to cash bulk quantities of sizable income tax refund checks bearing the names of others and addresses located primarily in New York.  Silie made several over the counter cash withdrawals and provided these funds to co-conspirators.  Martinez and Silie received and retained copies of hundreds of counterfeit driver’s licenses from co-conspirators in order to conceal the fraudulent nature of the scheme.

Everyone involved in the scheme, from the income tax return preparer to the check-casher, was paid a cut of the fraudulent income tax refund.  Martinez charged a fee of seven to eight percent of check’s face value.  This fee was a premium for the conversion of the ill-gotten checks, and was well above the three percent fee permitted by Ohio Revised Code for the cashing of government checks, and the two percent fee charged to legitimate customers.

After San Isidro Cargo’s bank accounts were closed by the bank, Martinez continued the scheme by recruiting others to cash the fraudulent checks on their own bank accounts.

From February 2010 through February 2011, Martinez, Silie and others assisted in the conversion and laundering of approximately 696 fraudulently obtained U.S. Treasury checks totaling $4,415,492.58.  During 2010, Martinez, Silie and others conducted bank withdrawals in excess of $4 million from San Isidro Cargo’s business accounts.

A third person, Suheidy A. Warner, 30, of Columbus, was also charged in this case in an April 2013 indictment alleging one count of conspiracy to defraud the IRS by filing false claims for federal income tax refunds, one count of conspiracy to commit money laundering, four counts of aggravated identity theft and 25 counts of converting U.S. monies to her own use.  Warner is currently a fugitive.

“The object of this refund fraud scheme was to swindle the government and the taxpaying public,” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.  “Be assured that IRS Criminal Investigation, along with our law enforcement partners and the U.S. Attorney's Office, will hold those who engage in refund fraud fully accountable."

These cases are being prosecuted by Assistant United States Attorney Daniel Brown and they were investigated by special agents of IRS-Criminal Investigation and the U.S. Postal Inspection Service.
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https://www.justice.gov/usao-sdoh/pr/pair-pleads-guilty-44-million-false-income-tax-refund-scheme
extras_json
participant_id name role title organization location age nationality status
2680 Jose Luis Martinez defendant Columbus, Ohio 47 pleaded guilty
2681 Mercedes Emelinda-Silie defendant Grove City, Ohio 41 pleaded guilty
2682 Carter M. Stewart prosecutor U.S. Attorney U.S. Attorney's Office Southern District of Ohio
2683 Kathy A. Enstrom investigator Special Agent in Charge IRS Criminal Investigation Cincinnati, Ohio
2684 Dugan T. Wong inspector Inspector in Charge U.S. Postal Inspection Service
2685 Gregory L. Frost judge U.S. District Judge U.S. District Court Columbus, Ohio
2686 Suheidy A. Warner defendant Columbus, Ohio 30 indicted
2687 Daniel Brown prosecutor Assistant U.S. Attorney U.S. Attorney's Office Southern District of Ohio
agency_id agency_name abbreviation role office_location agents_mentioned contribution
1728 United States Attorney's Office for the Southern District of Ohio prosecution Southern District of Ohio Carter M. Stewart, Daniel Brown Prosecuted the case and announced guilty pleas
1729 Internal Revenue Service Criminal Investigation IRS investigation Cincinnati Field Office Kathy A. Enstrom Led investigation into tax fraud and coordinated with law enforcement partners
1730 U.S. Postal Inspection Service USPIS investigation Dugan T. Wong Investigated mail-related aspects of the fraudulent scheme
charge_id charge_description statute severity max_penalty fine_amount defendant status participant_id cl_docket_id count_num is_1960 verified_1960 source updated_at
1404 converting U.S. monies to her own use Suheidy A. Warner indicted 0 enrichment
3558 operating an unlicensed money transmitting business 1 press 2026-09-16T19:46:00+00:00
3559 unlicensed money transmitting business 1 press 2026-09-16T19:46:00+00:00
fin_id action_type amount currency description asset_type defendant status
1479 fine $250,000 USD Maximum fine for each defendant cash Jose Luis Martinez pending
1480 fine $250,000 USD Maximum fine for each defendant cash Mercedes Emelinda-Silie pending
victim_id victim_type description number_affected loss_amount geographic_scope vulnerability_factors impact_description
716 government Internal Revenue Service (IRS) $4,415,492.58 United States Filed false claims for federal income tax refunds
717 business legitimate U.S. businesses United States Names and Employer Identification Numbers used without legal authority
718 individual residents of Puerto Rico Puerto Rico Social Security Numbers and identifying information used in false income tax returns
719 individual taxpaying public United States Swindled by the refund fraud scheme
quote_id quote_text speaker_name speaker_title speaker_organization quote_type context significance
2929 The object of this refund fraud scheme was to swindle the government and the taxpaying public. Kathy A. Enstrom Special Agent in Charge IRS Criminal Investigation, Cincinnati Field Office statement Commenting on the nature and intent of the fraud scheme Highlights the intent behind the fraudulent activities and the seriousness of the crime
2930 Be assured that IRS Criminal Investigation, along with our law enforcement partners and the U.S. Attorney's Office, will hold those who engage in refund fraud fully accountable. Kathy A. Enstrom Special Agent in Charge IRS Criminal Investigation, Cincinnati Field Office statement Assuring the public of the commitment to prosecute fraudsters Emphasizes the determination of law enforcement to pursue and punish those involved in tax refund fraud
theme_id theme_name description significance related_statutes geographic_scope temporal_aspects stakeholders
1978 Tax Fraud Conspiracy to file false income tax returns using counterfeit W-2 forms and stolen Social Security Numbers of Puerto Rico residents to obtain fraudulent refunds. Resulted in $4.4 million tax loss to the IRS, undermining federal tax system integrity. 26 U.S.C. § 7206, 18 U.S.C. § 286 National 2010-2011 IRS, Defendants, Taxpayers
1979 Money Laundering Conversion and laundering of fraudulent U.S. Treasury checks through check-cashing services like San Isidro Cargo, involving forged endorsements and excessive fees. Enabled concealment of illicit proceeds and facilitated distribution of stolen funds. 18 U.S.C. § 1956, 18 U.S.C. § 1957 National 2010-2011 Defendants, Financial institutions, Law enforcement
1980 Unlicensed Financial Activity Operation of San Isidro Cargo without a required Ohio check-casher’s license while processing fraudulent transactions. Violated state financial regulations and enabled illegal money transmission. 18 U.S.C. § 1960, Ohio Revised Code Local 2010-2011 Defendants, State regulators, Financial institutions
1981 Identity Theft Use of stolen Social Security Numbers and counterfeit identification documents to execute the tax fraud scheme. Compromised personal data of Puerto Rico residents and facilitated fraudulent claims. 18 U.S.C. § 1028, 18 U.S.C. § 1028A National 2010-2011 Victims (Puerto Rico residents), Law enforcement
1982 Conspiracy Coordinated efforts between Martinez, Silie, and co-conspirators in New York and New Jersey to execute the scheme. Formalized collaboration to defraud the government systematically. 18 U.S.C. § 371 National 2010-2011 Defendants, Co-conspirators, U.S. Attorney's Office
1983 Counterfeit Documents Production and use of counterfeit Forms W-2 and forged endorsements on tax refund checks. Critical to deceiving IRS and enabling fraudulent claims. 18 U.S.C. § 472, 18 U.S.C. § 1028 National 2010-2011 Defendants, IRS, Financial institutions

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