Tampa Man Faces 22 Years for Stolen Identity Refund Fraud

A Tampa man has pleaded guilty to wire fraud and aggravated identity theft in a scheme to defraud the United States Treasury by causing fraudulent federal income tax returns to be filed.

Brian E. Simmons, a resident of the Tampa area, orchestrated the scheme with others, including co-defendant Tressa V. Guy, to steal identities, solicit personal identifying information and addresses, and coordinate the withdrawal of fraudulently obtained tax refund amounts from prepaid debit cards.

According to court documents, Simmons and Guy used stolen identities, including medical office patient roster screen prints and handwritten notes containing names, social security numbers, and dates of birth, to file fraudulent federal income tax returns.

The scheme was uncovered in April 2012, when the Monroe County Sheriff’s Office conducted a traffic stop of a car driven by Simmons, in which Guy was the only passenger. Deputies discovered medical office patient roster screen prints, handwritten notes, cash, and nine prepaid debit cards in the names of individuals other than Guy or Simmons.

Further investigation revealed that Simmons and Guy had coordinated the withdrawal of fraudulently obtained tax refund amounts from prepaid debit cards. In May 2012, the Tampa Police Department performed a traffic stop of a vehicle driven by Simmons, which revealed fourteen prepaid debit cards, cash, and multiple Walmart receipts.

As part of the plea agreement, Simmons has agreed to forfeit $790,421.28 to the United States, considered proceeds of the offense. He faces up to 22 years in prison and is scheduled to be sentenced on February 13, 2014. Co-defendant Tressa V. Guy pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft on October 16, 2013, and is scheduled to be sentenced on January 9, 2014.

The case was investigated by the Internal Revenue Service – Criminal Investigation, the Tampa Police Department, and the Monroe County, Georgia Sheriff’s Office, with assistance from the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Matthew J. Mueller and Trial Attorney Jason H. Poole of the Tax Division.

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