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Janika Fernae Bates, Stealing Identities, Alabama 2011

Stealing Identities

In a stunning case of identity theft, Janika Fernae Bates, a 39-year-old resident of Millbrook, Ala., has been sentenced to 94 months in federal prison for stealing the identities of student loan borrowers.

The sentencing took place in the Middle District of Alabama after a jury convicted Bates of identity theft, wire fraud, aggravated identity theft, and conspiracy to make false claims for tax refunds. The conviction was handed down on Sept. 23, 2011.

According to evidence presented at the five-day trial, Bates obtained the names and Social Security numbers of student loan borrowers from the databases at her former employer. She then conspired to use the stolen identifying information to steal money from the government and from a bank.

Bates’ co-conspirator, Keshia Brayboy, pleaded guilty in 2009 to filing a false tax return and served two years in federal prison. The investigation revealed that Bates and Brayboy fraudulently obtained refund anticipation loans from a bank predicated on the fraudulently filed tax returns.

The victims of Bates’ identity theft testified that they did not consent to the use of their names and Social Security numbers on tax returns and that they did not receive any money from refunds generated from the false documents filed with the IRS.

In addition to her prison sentence, U.S. District Judge Myron H. Thompson ordered Bates to pay $246,064 in restitution to HSBC Taxpayer Financial Services and $30,211 in restitution to the IRS.

Principal Deputy Assistant Attorney General John A. DiCicco commended the IRS Criminal Investigation special agents who investigated this case and Tax Division Trial Attorneys Justin Gelfand and Jason Poole, who are prosecuting the case. U.S. Attorney George L. Beck Jr. and his entire office were also commended for their assistance.

The case serves as a stark reminder of the devastating consequences of identity theft and the importance of protecting our personal information.

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