Brian Smith, Fraud, Identity Theft, and Conspiracy, New York 2023

Brian Smith, 40, of Buffalo, New York, has been indicted on 68 counts of fraud, identity theft, and conspiracy, resulting in a total financial loss of over $1,000,000.

According to the indictment, Smith caused fraudulent loan applications and supporting documentation to be submitted to banks, credit unions, peer to peer lenders, and other business entities. In addition, Smith is accused of defrauding individuals out of funds under the guise of investing their money in real estate, when, in fact, he personally spent the money and did not purchase real estate.

The indictment also charges Smith with using stolen identifying information from an individual to open a credit card and to obtain a vehicle. Smith is also charged with aggravated identity theft, which carries a penalty of two years in prison.

Kelly Atkinson, 30, of Wake Forest, North Carolina, was also indicted on 13 counts, related to his role in some of the schemes to defraud.

Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that the indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and Special Agents from the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

Smith faces a maximum penalty of 30 years in prison, a fine of $1,000,000 or both. The indictment is the culmination of an investigation that has uncovered a complex web of deceit and deception.

The case is being handled by Assistant U.S. Attorney Maura K. O'Donnell. The indictment is the result of a thorough investigation by the Federal Bureau of Investigation and the United States Secret Service.

Source: https://www.justice.gov/usao-wdny/pr/men-indicted-fraud-identity-theft-and-conspiracy-charges