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Pair Charged In A $1 Million I.D. Theft And False Income Tax Refund Scheme

2013-01-08 · Press release

Mentions 1960 Verified 1960
 

 

CONTACT: Fred Alverson
Public Affairs Officer

COLUMBUS, OHIO -- A federal grand jury here has indicted Jose Luis Martinez, 46, of Columbus, Ohio, and Mercedes Emelinda-Silie, 40, of Grove City, Ohio charging them both with one count of conspiracy to defraud the United States government by obtaining and negotiating U.S. Treasury checks representing purported tax refunds; 39 counts of converting U.S. monies to their own use; one count of conspiracy to commit money laundering offenses; one count of operating an unlicensed money transmitting business; and eight counts of identity theft.

Carter M. Stewart, United States Attorney for the Southern District of Ohio; Darryl Williams, Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigation, Cincinnati Field Office; and Dugan T. Wong, Assistant Inspector in Charge, U.S. Postal Inspection Service announced the indictment that was returned today.

The indictment alleges that between February 2010 and December 2012, Martinez and Emelinda-Silie conspired together and with others primarily in New York state to illegally use their business checking accounts here in Columbus in order to cash fraudulently procured IRS income tax refund checks.  The indictment charges that fraudulent tax returns were filed with the IRS seeking refunds in the names of persons living in Puerto Rico whose identities had been stolen.  The IRS mailed the fraudulently obtained refund checks to addresses typically in the Bronx and other New York sites where they were stolen from the mail.  In addition, the endorsements on the false refund checks allegedly were forged.

Martinez and Emelinda-Silie allegedly cashed at least $638,730.81 in fraudulent income tax refund checks through their San Isidro Cargo business account, and another $125,506.88 in purported income tax refund checks through Grini’s Salon business checking account.

Martinez and Emelinda-Silie allegedly provided check-cashing services even though neither of them, nor their business, was licensed in Ohio to operate as a check-cashing facility.

In addition, the indictment charges that between June 2010 and February 2011 Martinez and Emelinda-Silie converted 39 specific IRS tax refund checks totaling approximately $245,661.80 that the IRS had mailed to addresses primarily in New York.

The indictment further alleges that between June 2010 and November 2011 Martinez and Emelinda-Silie knowingly used stolen identities of eight individuals in relation to their conversions of government funds.

Conspiracy to cash bogus IRS refund checks refunds is punishable by up to 10 years in prison and a $250,000 fine.  Each conversion of government money as well as conspiracy to commit money laundering is punishable by up to 10 years in prison and a $250,000 fine.  Operating an unlicensed money transmitting business is punishable by up to five years in prison and a $250,000 fine.  Each identity theft is punishable by a two-year term of imprisonment in addition to any other prison terms that may be imposed in this case.

The defendants will be summoned to appear before Judge Gregory L. Frost for arraignment.

“Identity theft is a despicable crime that victimizes honest taxpayers and causes immense hardship,” said Darryl Williams, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.  “IRS Criminal Investigation has made investigating refund fraud and identity theft a top priority.”

Assistant United States Attorney Daniel Brown is representing the United States in this case that is being 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-charged-1-million-id-theft-and-false-income-tax-refund-scheme
extras_json
participant_id name role title organization location age nationality status
2705 Jose Luis Martinez defendant Columbus, Ohio 46 indicted
2706 Mercedes Emelinda-Silie defendant Grove City, Ohio 40 indicted
2707 Carter M. Stewart prosecutor United States Attorney U.S. Attorney's Office Southern District of Ohio
2708 Darryl Williams investigator Special Agent in Charge Internal Revenue Service (IRS), Criminal Investigation Cincinnati, Ohio
2709 Dugan T. Wong investigator Assistant Inspector in Charge U.S. Postal Inspection Service
2710 Daniel Brown prosecutor Assistant United States Attorney U.S. Attorney's Office Southern District of Ohio
2711 Gregory L. Frost judge Judge Ohio
agency_id agency_name abbreviation role office_location agents_mentioned contribution
1739 United States Attorney's Office USAO prosecution Southern District of Ohio Carter M. Stewart, Daniel Brown Prosecuted the case and announced the indictment
1740 Internal Revenue Service Criminal Investigation IRS CI investigation Cincinnati Field Office Darryl Williams Investigated refund fraud and identity theft related to the case
1741 U.S. Postal Inspection Service USPIS investigation Dugan T. Wong Assisted in investigating mail-related aspects of the fraud 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
1411 Conspiracy to defraud the United States government by obtaining and negotiating U.S. Treasury checks representing purported tax refunds 10 years in prison 250000 Jose Luis Martinez, Mercedes Emelinda-Silie indicted 0 enrichment
1412 Converting U.S. monies to their own use 10 years in prison 250000 Jose Luis Martinez, Mercedes Emelinda-Silie indicted 0 enrichment
1413 Conspiracy to commit money laundering offenses 10 years in prison 250000 Jose Luis Martinez, Mercedes Emelinda-Silie indicted 0 enrichment
1415 Identity theft 2 years in prison Jose Luis Martinez, Mercedes Emelinda-Silie indicted 0 enrichment
1414 Operating an unlicensed money transmitting business 5 years in prison 250000 Jose Luis Martinez, Mercedes Emelinda-Silie indicted 1 enrichment 2026-09-16T19:46:01+00:00
3614 operating an unlicensed money transmitting business; and eight counts of identity theft 1 press 2026-09-16T19:46:01+00:00
3615 Operating an unlicensed money transmitting business is punishable by up to five years in prison and a $250,000 fine 1 press 2026-09-16T19:46:01+00:00
3616 unlicensed money transmitting business; and eight counts of identity theft 1 press 2026-09-16T19:46:01+00:00
3617 unlicensed money transmitting business is punishable by up to five years in pr 1 press 2026-09-16T19:46:01+00:00
fin_id action_type amount currency description asset_type defendant status
1413 fine $250,000 USD Conspiracy to cash bogus IRS refund checks cash Jose Luis Martinez potential
1414 fine $250,000 USD Each conversion of government money cash Jose Luis Martinez potential
1415 fine $250,000 USD Conspiracy to commit money laundering cash Jose Luis Martinez potential
1416 fine $250,000 USD Operating an unlicensed money transmitting business cash Jose Luis Martinez potential
1417 fine $250,000 USD Conspiracy to cash bogus IRS refund checks cash Mercedes Emelinda-Silie potential
1418 fine $250,000 USD Each conversion of government money cash Mercedes Emelinda-Silie potential
1419 fine $250,000 USD Conspiracy to commit money laundering cash Mercedes Emelinda-Silie potential
1420 fine $250,000 USD Operating an unlicensed money transmitting business cash Mercedes Emelinda-Silie potential
victim_id victim_type description number_affected loss_amount geographic_scope vulnerability_factors impact_description
747 individual persons living in Puerto Rico 8 $245,661.80 Puerto Rico identity theft
748 government United States government $1,000,000 United States fraudulent tax refunds
quote_id quote_text speaker_name speaker_title speaker_organization quote_type context significance
2972 Identity theft is a despicable crime that victimizes honest taxpayers and causes immense hardship Darryl Williams Special Agent in Charge IRS Criminal Investigation statement Commenting on the indictment of Jose Luis Martinez and Mercedes Emelinda-Silie Emphasizes the severity of identity theft and the IRS's focus on combating it
theme_id theme_name description significance related_statutes geographic_scope temporal_aspects stakeholders
1984 Identity Theft Stolen identities of individuals in Puerto Rico were used to file fraudulent tax returns. Central to obtaining fraudulent tax refunds, enabling the scheme. 18 U.S.C. § 1028 National 2010-2012 Victims, IRS, Law Enforcement
1985 Conspiracy to Defraud the United States Coordination to obtain fraudulent tax refunds through stolen identities and forged checks. Underlying charge that ties all illegal activities together. 18 U.S.C. § 371 National 2010-2012 Defendants, IRS, DOJ
1986 Conversion of Government Funds Illegally taking and cashing $245,661.80 in IRS tax refund checks. Direct theft of government assets, a core criminal act. 18 U.S.C. § 641 National 2010-2012 U.S. Treasury, Law Enforcement
1987 Money Laundering Conspiracy Conspiracy to launder proceeds from fraudulent tax refunds through business accounts. Hiding the illegal source of funds, essential to the scheme's sustainability. 18 U.S.C. § 1956 National 2010-2012 Financial Institutions, Law Enforcement
1988 Unlicensed Money Transmitting Business Operating check-cashing services without proper licensing in Ohio. Enabled the cashing of fraudulent checks, violating state and federal laws. 18 U.S.C. § 1960 Local 2010-2012 Ohio Regulatory Agencies, Law Enforcement
1989 Forged Endorsements Fraudulently endorsing IRS refund checks to cash them illegally. Critical step in converting stolen checks into usable funds. 18 U.S.C. § 495 National 2010-2012 U.S. Postal Service, IRS

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