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Gerardo Heriberto Nuñez Nuñez, Elder Fraud Scheme, Massachusetts 2026

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Berwick Man Charged in COVID-Relief Fraud Scheme

A 67-year-old man from Berwick, Pennsylvania, has been charged with perpetrating a wire fraud scheme to obtain over $400,000 in COVID-19 relief funds through the Small Business Administration’s Economic Injury Disaster Loan (EIDL) program.

Hayes D. Horner, Jr., was charged in a criminal information with aiding his coconspirators in obtaining and attempting to obtain EIDL funds by opening two bank accounts that received funds obtained through fraudulent loan applications made in the names of other individuals. Horner allegedly withdrew over $58,000 in fraudulently obtained EIDL funds and attempted to wire approximately $165,000 to other accounts under his coconspirators’ control.

Investigators seized over $100,000 in fraudulently obtained EIDL funds from a bank account under Horner’s control. The case was investigated by the Federal Bureau of Investigation, with Assistant U.S. Attorney Phillip J. Caraballo prosecuting the case.

The COVID-19 Fraud Enforcement Task Force, established in May 2021 by the Attorney General, has been working to combat and prevent pandemic-related fraud. The Task Force aims to investigate and prosecute the most culpable domestic and international criminal actors and assist agencies in preventing fraud by identifying resources and techniques to uncover fraudulent actors and their schemes.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Criminal Informations are only allegations, and all persons charged are presumed to be innocent unless and until found guilty in court. The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. The judge will consider factors such as the nature, circumstances, and seriousness of the offense, the history and characteristics of the defendant, and the need to punish the defendant, protect the public, and provide for the defendant’s educational, vocational, and medical needs.

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