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Cruz Castillo Burnett, Identity Theft, Alabama 2023

Three Montgomery, Alabama, men were handed down heavy sentences in the U.S. District Court for the Middle District of Alabama for their involvement in a massive stolen identity refund fraud (SIRF) tax scheme, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Tax Division and U.S. Attorney George L. Beck Jr. of the Middle District of Alabama.

Cruz Castillo Burnett, 28, Jacorey Giddens, 27, and Rodrickus Howard, 24, were each sentenced to serve 40 months in prison and three years of supervised release. Burnett was ordered to pay restitution in the amount of $209,041, while Giddens was ordered to pay restitution in the amount of $151,260 and Howard was ordered to pay restitution in the amount of $220,136.

According to plea documents, Burnett, Giddens and Howard conspired to acquire the names, social security numbers and dates of birth of individuals without their knowledge or consent. The indictment alleged that from March 2011 to April 2013, the defendants used these stolen identities to file more than 500 false federal income tax returns that claimed refunds from the Internal Revenue Service (IRS).

As part of the scheme, the defendants requested more than $1 million in refunds from the IRS. The defendants received the refunds in various forms, including U.S. Treasury checks, direct deposits to bank accounts and direct deposits onto prepaid debit cards in the names of identity theft victims.

The court found the defendants guilty of conspiracy to defraud the government and aggravated identity theft. Burnett, Giddens and Howard each pleaded guilty to one count of each crime.

Acting Assistant Attorney General Ciraolo and U.S. Attorney Beck Jr. commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Gregory P. Bailey and Michael C. Boteler of the Tax Division and Assistant U.S. Attorney Todd Brown of the Middle District of Alabama, who prosecuted the case.

The IRS is taking a hard stance on identity theft and tax scams, and this sentencing is a clear message to those who would seek to take advantage of the system. We will continue to work tirelessly to protect the nation’s tax system and bring those who commit these crimes to justice.

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