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GA Inmates Run Tax Fraud Scheme From Behind Bars
GAINESVILLE, Ga. – Two Georgia state prisoners have been sentenced for orchestrating a brazen tax fraud scheme from within the walls of Hancock State Prison. Enrique Toribio, 30, of Gainesville, Georgia, received a four-year federal prison sentence, to be followed by three years of supervised release, while Marcus Burke, 35, of Atlanta, Georgia, was sentenced to three years and three months, also followed by three years of supervised release. The pair used contraband cell phones to pilfer identities and file fraudulent tax returns, proving that even behind bars, criminals will find a way to exploit the system.
According to U.S. Attorney John Horn, Toribio provided 39 stolen identities to a tax preparer via a contraband cell phone. He didn’t work alone. Toribio enlisted his mother, Rosa Toribio-Gama, 48, of Gainesville, Georgia, and sister, Lupita Rodriguez-Toribio, 25, of Gainesville, Georgia, to meet with the tax preparer outside the prison and sign the fraudulent forms. Burke, serving a 20-year sentence for voluntary manslaughter, was equally involved, providing 29 stolen identities, utilizing a contraband cell phone and a complicit SunTrust bank employee. This wasn’t a spur-of-the-moment decision; it was a calculated effort to profit from stolen lives while already serving time for other serious offenses.
Both Toribio and Burke were convicted on August 30, 2016, after pleading guilty to two counts of aggravated identity theft and one count of conspiracy to commit tax fraud. The scheme highlights a growing problem: the use of illegal cell phones within correctional facilities to continue criminal activity. “This case highlights the continuing problem of inmates in state prisons using contraband cellular phones to reach beyond the prison walls and continue to victimize our community,” stated U.S. Attorney Horn. “Identity theft is bad enough, but victims shouldn’t have to defend themselves against those who are already serving time for other serious crimes.”
The investigation, a collaborative effort between multiple federal agencies, revealed the extent of the damage. Nick S. Annan, special agent in charge of ICE Homeland Security Investigations Atlanta, emphasized the broader implications of identity theft. “Identity theft schemes wreak havoc in the lives of victims, often causing extensive financial harm and hardship to countless Americans each year. In addition, the use of fraudulent identity documents can also pose significant national security risk.” HSI actively partners with governments globally to dismantle these organizations and recover stolen funds.
James E. Dorsey, Acting Special Agent in Charge, IRS Criminal Investigation, underscored the financial impact. “Sophisticated stolen identity refund fraud schemes have the potential to harm many taxpayers and put large amounts of public money at risk,” he said. “Enrique Toribio and his co-conspirators demonstrated a blatant disregard of the integrity of the United States tax system and caused immeasurable hardship to innocent victims.” The IRS, alongside DHS and the U.S. Attorney’s Office, remains committed to protecting the tax system and pursuing those who seek to exploit it.
While Toribio and Burke face significant prison time, their accomplices also received penalties. Rosa Toribio-Gama was sentenced to three years of probation, with six months to be served on home confinement, and ordered to pay $3,650 in restitution (jointly with Rodriguez-Toribio). Lupita Rodriguez-Toribio’s sentencing details were not immediately available, but she was also convicted of conspiracy to commit income tax fraud after pleading guilty on October 28, 2016. This case serves as a stark reminder that criminal networks operate even within the confines of prison, and that those involved will be held accountable, no matter where they are hiding.
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Key Facts
- State: Georgia
- Agency: DOJ USAO
- Category: Fraud & Financial Crimes
- Source: Official Source ↗
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