In a recent case of identity theft fraud, a nursing home aide named Aisladys Diaz and her daughter, Ailensy Buron Diaz, were convicted by a South Florida jury. Aisladys Diaz, who worked as a private duty health aide in a home health agency, stole the personal identifiable information of two elderly residents under her care. She then shared this information with her daughter and others, who used it to purchase cars, apply for loans, and obtain credit cards, all amounting to over $500,000 in fraudulent activity. This case highlights the alarming issue of elder fraud and serves as a reminder of the importance of protecting vulnerable individuals from such schemes.
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Nursing Home Aide and Daughter Convicted of Identity Theft Fraud
Overview
In a recent case in South Florida, nursing home aide Aisladys Diaz and her daughter Ailensy Buron Diaz were found guilty of multiple charges related to identity theft fraud. The scheme involved stealing personal identifiable information from elderly residents under Aisladys Diaz’s care and using it to purchase vehicles and apply for loans and credit cards. The announcement of the guilty verdicts was made by U.S. Attorney Markenzy Lapointe, who commended the collaboration between the FBI and the U.S. Treasury Inspector General in investigating the case. This article provides an overview of the illegal activities, the involvement of each individual, and the legal proceedings that followed.
Background
Aisladys Diaz worked as a private duty health aide with a home health aide agency in Miami. Her job involved providing care to elderly residents in various senior communities in Miami-Dade County. It was during this period that she engaged in a series of identity theft crimes, stealing personal identifiable information from two elderly residents under her care. The stolen information was then shared with her daughter, Ailensy Buron Diaz, as well as Berto Omar Rodriguez Fonseca, a finance manager at a car dealership in Miami Lakes, and other co-conspirators. The fraudulent activities included purchasing vehicles from car dealerships and applying for loans and credit cards, all of which cost the victims over $500,000. These fraudulent activities were carried out under the guise of taking advantage of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Legal Proceedings
Following an investigation by the FBI Miami and the U.S. Treasury Inspector General, Aisladys Diaz and Ailensy Buron Diaz were charged with conspiracy to commit access device fraud, use of an unauthorized access device, conspiracy to commit wire fraud, aggravated identity theft, and wire fraud. The legal proceedings culminated in a trial, where the jury found both defendants guilty on all counts. The announcement of the guilty verdicts was made by U.S. Attorney Markenzy Lapointe, who expressed his satisfaction with the successful collaboration between law enforcement agencies in bringing the perpetrators to justice. The next step in the legal process is a change of plea hearing for Berto Omar Rodriguez Fonseca, the finance manager involved in the scheme.
Identity Theft Scheme
The identity theft scheme orchestrated by Aisladys Diaz and her associates involved a method of stealing personal identifiable information from the elderly residents under her care. As a private duty health aide, Diaz had access to the personal information of her patients, which she used to carry out the fraudulent activities. The stolen information was then shared with the co-conspirators, who used it to purchase vehicles from car dealerships, apply for loans, and secure credit cards. The total cost of the fraudulent activities exceeded $500,000, indicating the scale of the scheme.
Involvement of Aisladys Diaz
Aisladys Diaz’s occupation as a private duty health aide gave her the opportunity to access the personal information of the elderly residents she cared for. This access allowed her to steal their personal identifiable information and share it with the other co-conspirators. Diaz’s role in the identity theft scheme was crucial, as she was responsible for obtaining the sensitive information needed to carry out the fraudulent activities. Her actions were a clear violation of the trust placed in her as a healthcare provider.
Involvement of Ailensy Buron Diaz
Ailensy Buron Diaz, the daughter of Aisladys Diaz, played a significant role in the identity theft scheme. She received the stolen personal identifiable information from her mother and collaborated with the other co-conspirators in carrying out fraudulent activities. Buron Diaz’s involvement demonstrates a willingness to participate in criminal behavior and exploit the stolen information for personal gain. Her actions contributed to the financial losses suffered by the victims.
Involvement of Berto Omar Rodriguez Fonseca
Berto Omar Rodriguez Fonseca, a finance manager at a car dealership in Miami Lakes, was also implicated in the identity theft scheme. As a finance manager, Rodriguez Fonseca played a crucial role in facilitating the purchase of vehicles using the stolen information. He utilized his position to bypass the necessary checks and processes, allowing the fraudulent transactions to occur. Rodriguez Fonseca’s upcoming change of plea hearing indicates his involvement in the scheme, and it remains to be seen how he will be held accountable for his actions.
Investigation and Arrest
The investigation into the identity theft scheme was conducted by the FBI Miami and the U.S. Treasury Inspector General. The Cybercrime Investigations Division of the U.S. Treasury Inspector General played a significant role in uncovering the extent of the fraudulent activities and gathering the evidence needed for the prosecution. Assistant U.S. Attorney Lois Foster-Steers led the prosecution of the case, using the information and evidence obtained during the investigation. Additionally, Assistant U.S. Attorney William Zloch is responsible for handling asset forfeiture related to the case. The successful investigation and arrest of the individuals involved highlighted the collaboration between law enforcement agencies in combating identity theft and financial fraud.
Change of Plea Hearing for Rodriguez Fonseca
Berto Omar Rodriguez Fonseca, the finance manager implicated in the identity theft scheme, is scheduled for a change of plea hearing. This hearing will provide an opportunity for Rodriguez Fonseca to enter a plea, indicating whether he intends to admit guilt or contest the charges against him. The outcome of the hearing will determine the next steps in the legal process for Rodriguez Fonseca and his involvement in the identity theft scheme.
Presumption of Innocence
As with any legal case, it is essential to recognize the principle of “presumption of innocence” for all defendants involved. Aisladys Diaz, Ailensy Buron Diaz, and Berto Omar Rodriguez Fonseca are all presumed innocent unless and until proven guilty in a court of law. The guilty verdicts returned by the jury are significant, but it is crucial to respect the legal process and allow all defendants the opportunity to present their case. The change of plea hearing for Rodriguez Fonseca will provide further insight into the defendants’ positions and the evidence against them.
Overview
Summary of the Case
The recent conviction of nursing home aide Aisladys Diaz, her daughter Ailensy Buron Diaz, and finance manager Berto Omar Rodriguez Fonseca sheds light on an identity theft scheme that targeted elderly residents under Aisladys Diaz’s care. The defendants were found guilty of multiple charges, including conspiracy to commit access device fraud, use of an unauthorized access device, conspiracy to commit wire fraud, aggravated identity theft, and wire fraud. The scheme involved stealing personal identifiable information from the victims and using it to purchase vehicles, apply for loans, and obtain credit cards. The total cost of the fraudulent activities exceeded $500,000.
Guilty Verdicts
Following a trial, Aisladys Diaz and Ailensy Buron Diaz were both found guilty on all charges brought against them in relation to the identity theft scheme. The guilty verdicts acknowledge their involvement in the fraudulent activities and the harm caused to the victims. The jury’s decision reflects the strength of the evidence presented during the trial and the persuasive arguments put forth by the prosecution.
Announcement by U.S. Attorney Markenzy Lapointe
U.S. Attorney Markenzy Lapointe made the announcement of the guilty verdicts, emphasizing the significance of the case and the collaboration between law enforcement agencies. Lapointe commended the efforts of the FBI Miami and the U.S. Treasury Inspector General in investigating the identity theft scheme and bringing the perpetrators to justice. The announcement demonstrates the commitment of the U.S. Attorney’s Office in the Southern District of Florida to protecting vulnerable individuals from financial fraud and exploitation.
Collaboration with FBI and U.S. Treasury Inspector General
The successful resolution of the case against Aisladys Diaz, Ailensy Buron Diaz, and Berto Omar Rodriguez Fonseca was made possible through the collaboration between the FBI Miami and the U.S. Treasury Inspector General. The FBI’s expertise in investigating crimes and the U.S. Treasury Inspector General’s Cybercrime Investigations Division’s technical capabilities were instrumental in uncovering the details of the identity theft scheme and gathering evidence against the defendants. The collaboration between these two agencies highlights the importance of interagency cooperation in combating financial fraud.
Contact Information for Reporting Elder Fraud
As part of their commitment to protecting elderly individuals from fraud and exploitation, the U.S. Attorney’s Office provides contact information for reporting elder fraud. Anyone with information about allegations of elder fraud can report it by calling the National Elder Fraud Hotline at 1-833-FRAUD-11 or 833-372-8311. These hotlines serve as a resource for individuals to report suspicious activities and seek guidance on how to protect themselves or their loved ones from financial fraud. The Department of Justice’s Elder Justice Initiative and the Office for Victims of Crime also offer resources and support for victims of elder fraud.
Background
Nursing Home Aide and Daughter’s Roles
Aisladys Diaz worked as a private duty health aide with a home health aide agency, providing care to elderly residents in senior communities throughout Miami-Dade County. Her role required her to have access to the personal identifiable information of the residents under her care, making her position crucial in carrying out the identity theft scheme. Ailensy Buron Diaz, Aisladys Diaz’s daughter, played an active role in the scheme by receiving the stolen personal identifiable information and collaborating with the other co-conspirators in carrying out fraudulent activities.
Home Health Aide Agency
Aisladys Diaz’s employment with a home health aide agency provided her with the opportunity to access the personal information of the elderly residents she cared for. The agency played a crucial role in connecting healthcare providers like Diaz with residents in need of assistance. However, the agency was not involved in or aware of the illegal activities carried out by Diaz and her daughter.
Senior Communities in Miami-Dade County
The identity theft scheme primarily targeted residents in senior communities throughout Miami-Dade County. These communities are home to a vulnerable population of elderly individuals who require assistance with their day-to-day activities. The perpetrators took advantage of their positions of trust as healthcare providers and exploited the personal identifiable information of the residents for their own financial gain.
Period of Identity Theft
The identity theft scheme took place between May and June 2020. Aisladys Diaz used her position as a private duty health aide during this period to steal the personal identifiable information of two elderly residents under her care. The stolen information was then shared with her daughter and other co-conspirators, who carried out the fraudulent activities.
Value of Stolen Items
The fraudulent activities carried out by the defendants resulted in substantial financial losses for the victims. The total value of the stolen items, including the purchased vehicles, credit cards, loans, and other transactions, exceeded $500,000. The significant financial impact highlights the severity of the identity theft scheme and the need for robust measures to protect vulnerable individuals from such crimes.
Car Dealerships
The car dealerships in Miami-Dade County played a crucial role in the identity theft scheme. Berto Omar Rodriguez Fonseca, a finance manager at a car dealership in Miami Lakes, facilitated the purchase of vehicles using the stolen personal identifiable information. The co-conspirators took advantage of the lax security measures and bypassed necessary checks to complete the fraudulent transactions.
Coronavirus Aid, Relief, and Economic Security (CARES) Act
The identity theft scheme leveraged the provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act to carry out fraudulent activities. The defendants applied for loans and secured credit cards under the guise of seeking relief provided by the CARES Act. Exploiting government assistance programs for personal gain further demonstrates the premeditated nature of the identity theft scheme.
Legal Proceedings
Charges Against Aisladys Diaz and Ailensy Buron Diaz
Aisladys Diaz and Ailensy Buron Diaz were charged with multiple offenses related to the identity theft scheme. The charges included conspiracy to commit access device fraud, use of an unauthorized access device, conspiracy to commit wire fraud, aggravated identity theft, and wire fraud. These charges reflect the gravity of the crimes committed by the defendants and the harm caused to the victims.
Upcoming Change of Plea Hearing for Berto Omar Rodriguez Fonseca
Berto Omar Rodriguez Fonseca, the finance manager at a car dealership implicated in the identity theft scheme, is scheduled for a change of plea hearing. This hearing will provide Rodriguez Fonseca with an opportunity to declare his intention to enter a plea. The outcome of the hearing will determine whether Rodriguez Fonseca admits guilt or contests the charges against him. The change of plea hearing is a significant development in the legal proceedings and will shed further light on Rodriguez Fonseca’s involvement.
Presumption of Innocence for All Defendants
It is important to acknowledge the principle of “presumption of innocence” in relation to all the defendants involved in the case. Aisladys Diaz, Ailensy Buron Diaz, and Berto Omar Rodriguez Fonseca are all presumed innocent unless and until proven guilty in a court of law. The guilty verdicts received by Aisladys Diaz and Ailensy Buron Diaz were the result of a fair trial and the presentation of compelling evidence by the prosecution. However, the legal process allows for the defendants to present their case and assert their innocence. The change of plea hearing for Rodriguez Fonseca will provide further insight into his position and the evidence against him.
Identity Theft Scheme
Method of Stealing Personal Identifiable Information
The identity theft scheme led by Aisladys Diaz involved stealing personal identifiable information from elderly residents under her care. As a private duty health aide, Diaz had access to the personal information of the residents, including social security numbers, addresses, and financial details. She exploited her position of trust to unlawfully obtain this sensitive information, which was then used in the fraudulent activities.
Collaborators in the Scheme
Aisladys Diaz operated in collaboration with her daughter, Ailensy Buron Diaz, and Berto Omar Rodriguez Fonseca. Buron Diaz received the stolen personal identifiable information from her mother and played an active role in carrying out the fraudulent activities. Rodriguez Fonseca, as a finance manager at a car dealership, facilitated the purchase of vehicles using the stolen information. The collaboration between the perpetrators enabled the success of the identity theft scheme.
Purchase of Vehicles at Car Dealerships
One of the primary aspects of the identity theft scheme was the purchase of vehicles using the stolen personal identifiable information. Berto Omar Rodriguez Fonseca, utilizing his position as a finance manager at a car dealership, processed the fraudulent transactions and facilitated the purchase of numerous vehicles. The lax security measures at the car dealerships allowed the transactions to go undetected initially, contributing to the financial losses suffered by the victims.
Application for Credit Cards and Loans
In addition to purchasing vehicles, the defendants also applied for credit cards, loans, and other credit-based services using the stolen personal identifiable information. These applications were made under the guise of seeking financial relief provided by the CARES Act. The conspiracy’s scope extended beyond car dealerships, demonstrating the coordinated efforts of the co-conspirators to capitalize on the stolen information for personal gain.
Total Cost of Fraudulent Activities
The fraudulent activities perpetrated by Aisladys Diaz, Ailensy Buron Diaz, and their co-conspirators resulted in financial losses exceeding $500,000. This significant figure includes the cost of the purchased vehicles, credit cards, loans, and other fraudulent transactions. The multi-faceted nature of the scheme highlights the sophistication and premeditation involved in carrying out identity theft crimes.
Involvement of Aisladys Diaz
Occupation as a Private Duty Health Aide
Aisladys Diaz worked as a private duty health aide with a home health aide agency, providing care to elderly residents in senior communities. Her occupation involved assisting residents with their day-to-day activities, including personal hygiene, medication, and health monitoring. As a healthcare provider, Diaz was entrusted with sensitive personal information, making her role essential in the identity theft scheme.
Responsibilities and Access to Personal Information
As a private duty health aide, Aisladys Diaz had regular access to the personal information of the residents under her care. This information typically included social security numbers, addresses, financial details, and other sensitive data. Diaz’s responsibilities allowed her to gather this information and utilize it for personal gain and the benefit of the co-conspirators.
Stealing Personal Identifiable Information
During her employment as a private duty health aide, Aisladys Diaz engaged in the systematic theft of personal identifiable information from the elderly residents under her care. This illicit activity involved unlawfully obtaining the personal information of the residents, including their social security numbers and financial details. Diaz’s actions violated the trust placed in her as a healthcare provider and exploited vulnerable individuals within her care.
Sharing Information with Co-conspirators
Aisladys Diaz shared the stolen personal identifiable information with her daughter, Ailensy Buron Diaz, and other co-conspirators involved in the identity theft scheme. By sharing the information, Diaz facilitated the collaborative efforts to carry out fraudulent activities, including purchasing vehicles and applying for loans and credit cards. The sharing of stolen information demonstrates the level of coordination and premeditation involved in the scheme.
Involvement of Ailensy Buron Diaz
Relationship with Aisladys Diaz
Ailensy Buron Diaz is the daughter of Aisladys Diaz, the nursing home aide at the center of the identity theft scheme. The familial relationship played a significant role in Ailensy Diaz’s involvement in the illegal activities. The trust and access to personal information shared between mother and daughter enabled the successful execution of the fraudulent activities.
Receipt of Stolen Personal Identifiable Information
Ailensy Buron Diaz received the stolen personal identifiable information from her mother and actively participated in the identity theft scheme. The information received included social security numbers, addresses, and financial details of the victims. Buron Diaz’s willingness to receive and utilize the stolen information demonstrates her active involvement in the conspiracy.
Collaboration with Other Co-conspirators
Ailensy Buron Diaz collaborated with other co-conspirators, including Berto Omar Rodriguez Fonseca, in carrying out the fraudulent activities. Her role involved utilizing the stolen personal identifiable information to purchase vehicles, apply for loans, and obtain credit cards. The coordination between Buron Diaz and the other co-conspirators facilitated the success of the identity theft scheme.
Role in Fraudulent Activities
Ailensy Buron Diaz played an active role in the fraudulent activities associated with the identity theft scheme. She utilized the stolen personal identifiable information to carry out financial transactions and secure credit-based services. Buron Diaz’s involvement and her collaboration with other co-conspirators contributed to the financial losses suffered by the victims.
Involvement of Berto Omar Rodriguez Fonseca
Occupation as a Finance Manager
Berto Omar Rodriguez Fonseca worked as a finance manager at a car dealership in Miami Lakes. His role involved facilitating financial transactions related to vehicle purchases, including securing loans and processing paperwork. As a finance manager, Rodriguez Fonseca had the authority to bypass necessary checks and processes, making him an integral part of the identity theft scheme.
Connection to the Identity Theft Scheme
Berto Omar Rodriguez Fonseca was connected to the identity theft scheme through his occupation as a finance manager at a car dealership. He played a crucial role in facilitating the purchase of vehicles using the stolen personal identifiable information. Rodriguez Fonseca’s position and authority allowed him to circumvent necessary security protocols, making it easier to carry out the fraudulent transactions.
Upcoming Change of Plea Hearing
Berto Omar Rodriguez Fonseca’s upcoming change of plea hearing marks a significant development in the legal proceedings. During this hearing, Rodriguez Fonseca will have the opportunity to declare whether he intends to admit guilt or contest the charges against him. The outcome of the hearing will determine the next steps in his case and shed further light on his involvement in the identity theft scheme.
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Investigation and Arrest
Involvement of FBI Miami and U.S. Treasury Inspector General
The investigation into the identity theft scheme was conducted by the FBI Miami and the U.S. Treasury Inspector General, specifically the Cybercrime Investigations Division. These law enforcement agencies worked collaboratively to uncover the details of the scheme, gather evidence, and identify the perpetrators. Their expertise in investigating cybercrimes and financial fraud was instrumental in bringing the case to trial.
Cybercrime Investigations Division
The U.S. Treasury Inspector General’s Cybercrime Investigations Division played a significant role in investigating the identity theft scheme. The division specializes in combating cyber-related crimes, including those involving the theft of personal identifiable information. Their technical expertise and investigative capabilities enabled them to gather evidence and build a strong case against the defendants.
Role of Assistant U.S. Attorney Lois Foster-Steers
Assistant U.S. Attorney Lois Foster-Steers led the prosecution of the case, utilizing the information and evidence obtained during the investigation. Foster-Steers played a pivotal role in presenting the case to the jury and securing the guilty verdicts against Aisladys Diaz and Ailensy Buron Diaz. Her expertise in prosecuting financial fraud cases contributed to the successful outcome of the trial.
Asset Forfeiture Handling by Assistant U.S. Attorney William Zloch
Assistant U.S. Attorney William Zloch is responsible for handling asset forfeiture related to the identity theft scheme case. Asset forfeiture is the legal process through which the government seizes assets acquired through criminal activity. Zloch’s role ensures that any assets acquired by the defendants through the fraudulent activities are seized and returned to the victims or used to compensate for the financial losses suffered.
Summary and Conclusion
The conviction of nursing home aide Aisladys Diaz, her daughter Ailensy Buron Diaz, and finance manager Berto Omar Rodriguez Fonseca demonstrates the severity of identity theft crimes and the harm they cause to vulnerable individuals. The identity theft scheme involved the systematic theft of personal identifiable information, which was then utilized to purchase vehicles, apply for loans, and obtain credit cards. The collaboration between the co-conspirators illustrated the premeditation and organization involved in carrying out the scheme. The successful investigation and prosecution of the case by the FBI Miami and the U.S. Treasury Inspector General reflect their commitment to combating financial fraud and protecting individuals from exploitation. The upcoming change of plea hearing for Rodriguez Fonseca will provide further insight into his involvement and the potential consequences he may face. As the legal process continues, it is essential to uphold the principle of presumption of innocence for all defendants involved. The conviction of Aisladys Diaz and Ailensy Buron Diaz serves as a reminder of the importance of safeguarding personal information and being vigilant against identity theft and financial fraud.
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