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United States Attorney
Southern District of New York
FOR IMMEDIATE RELEASE CONTACT: U.S. ATTORNEY’S OFFICE
JANUARY 28, 2003 MARVIN SMILON, HERBERT HADAD
MICHAEL KULSTAD
PUBLIC INFORMATION OFFICE
(212) 637-2600
U.S. ANNOUNCES A NEW ARREST, A GUILTY PLEA AND AN
INDICTMENT IN BIGGEST I.D. THEFT CASE IN NATION’S HISTORY
JAMES B. COMEY, the United States Attorney for the
Southern District of New York, announced the arrest this morning of
a fourth defendant, EMANUEL S. EZEDIARO, in the largest identity
theft case known to U.S. authorities. Mr. COMEY also announced
that LINUS BAPTISTE had entered a guilty plea in Manhattan federal
court in the underlying case, and that a 22-count Indictment
charging PHILIP CUMMINGS with various crimes related to the scheme
had been returned by a grand jury.
In a Complaint unsealed today, the United States charged
that from 2001 through 2002, EMANUEL S. EZEDIARO, a/k/a "Manny,"
and others supplied lists of consumers' names, with addresses
and/or Social Security numbers, to BAPTISTE in the Bronx and asked
for credit reports in those consumers' names. EZEDIARO and these
other co-conspirators allegedly offered to pay up to $60 per credit
report provided by BAPTISTE in the scheme. BAPTISTE understood
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that EZEDIARO and these other co-conspirators intended to
perpetrate fraud in accounts held by these consumers and to engage
in other forms of identity theft and fraud, it was charged. All
told, as alleged in the Complaint, EZEDIARO and these others
provided tens of thousands of consumer names and hundreds of
thousands of dollars to BAPTISTE from 2000 through October 2002, in
return for credit reports in those consumers' names. BAPTISTE, in
turn, purportedly split the money with CUMMINGS.
BAPTISTE, in turn, relied on CUMMINGS, who previously
worked as a Help Desk employee at Telecommunications Data, Inc.
("TCI"), a technology company that provided its customers with
computerized access to the Credit Bureaus, it was charged. As a
Help Desk employee, CUMMINGS had access to confidential passwords
and subscriber codes pertaining to TCI customers who used TCI
software to download consumer credit histories from Experian,
Equifax, and TransUnion in connection with their legitimate
business needs, according to the charges. Together, BAPTISTE and
CUMMINGS allegedly accessed the Credit Bureaus and downloaded more
than 30,000 consumer credit histories from in or about early 2000
through in or about October 2002.
The Complaint also alleges that documents found pursuant
to a search of BAPTISTE's home included a ledger that appeared to
document amounts paid and/or owed by EZEDIARO and others to
BAPTISTE for credit reports provided in the scheme. According to
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the Complaint, EZEDIARO has a criminal history that reflects his
use of numerous other identities as well as convictions for various
offenses consistent with identity theft, such as credit card fraud,
bank fraud and possession of forged instruments. EZEDIARO is
expected to be presented before a Magistrate Judge in Manhattan
federal court this afternoon.
Separately, BAPTISTE entered a guilty plea to four counts
of conspiracy, wire fraud, identity fraud, and access device fraud
in connection with the scheme. CUMMINGS was also indicted on 22
related counts of conspiracy, wire fraud, computer fraud and
forfeiture. CUMMINGS is scheduled to be arraigned United States
District Judge GEORGE B. DANIELS on Wednesday, January 29, 2003, at
2:15 P.M.
If convicted, CUMMINGS and EZEDIARO each face, with
respect to each wire fraud charge, a maximum term of 30 years’
imprisonment and a maximum fine of $1 million or twice the gross
gain or loss resulting. CUMMINGS and EZEDIARO also each face, with
respect to the conspiracy charge, a maximum term of 5 years’
imprisonment, a maximum fine of $250,000 or twice the gross gain or
loss resulting from the crime. With respect to each computer fraud
charge, CUMMINGS faces a maximum term of 5 years’ imprisonment and
a maximum fine of 250,000 or twice the gross gain or loss resulting
from the crime.
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Mr. COMEY praised the investigative efforts of the
Federal Bureau of Investigation and thanked the United States
Secret Service and the United States Postal Inspection Service for
their assistance in the investigation. Mr. COMEY also stated that
the investigation is continuing.
Assistant United States Attorney KATHERINE M. CHOO is in
charge of the prosecutions.
The charges contained in the Complaint filed against
EZEDIARO and the Indictment against CUMMINGS are merely
accusations, and the defendants are presumed innocent unless and
until proven guilty.
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www.usdoj.gov/usao/nys/Press Releases/Jan03/EzediarioComplaint.pdf
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