July 15, 2014

Former Miami-Dade Correctional Officer and Co-Defendants Sentenced in Stolen Identity Tax Refund Scheme

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Paula Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, and Ronald J. Verrochio, Inspector in Charge, United States Postal Inspection Service (USPIS), Miami Division, announce thatAnthony A. Pace, Jr., 29, Brandon A. Terry, 29, Derel L. Henry, 39, and Rosa Johnson, 26, all of Miami, were sentenced today before U.S. District Judge K. Michael Moore. Pace was sentenced to 81 months in prison, to be followed by three years of supervised release. Terry was sentenced to 60 months in prison, to be followed by three years of supervised release, and was ordered to pay $19,674 in restitution. Henry was sentenced to 40 months in prison, to be followed by three years of supervised release, and was ordered to pay $24,489 in restitution. Johnson was sentenced to one year and a day in prison, to be followed by three years of supervised release. Pace and Johnson were ordered to pay joint restitution of $62,683.

Each of the defendants previously pled guilty to one count of conspiracy to defraud the government with respect to claims, in violation of Title 18, United States Code, Section 286. Pace also pled guilty to one count of theft of government property, in violation of Title 18, United States Code, Section 641, and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A. Terry and Henry also pled guilty to one count of possession of fifteen or more access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A. Johnson also pled guilty to one count of theft of government property, in violation of Title 18, United States Code, Section 641.

According to court documents, Pace was employed as a correctional officer with the Miami-Dade Corrections and Rehabilitation Department. From August 2012 to April 23, 2013, Pace, with the assistance of Johnson, filed 176 false and fraudulent tax returns using multiple stolen identities of former and current Miami-Dade County prisoners, among other stolen identities. A number of the tax returns list defendant Johnson as the preparer of the tax returns. The tax returns directed the IRS to deposit the tax refunds into accounts controlled by defendants Pace and Johnson at TD Bank and into an account controlled by Johnson at Bank of America.

Court documents also state that from August 2012 to April 23, 2013, defendant Henry filed 48 false and fraudulent tax returns using multiple stolen identities. During this time, defendant Terry filed 38 fraudulent returns. On April 23, 2013 search warrants were executed on both Henry and Terry’s apartments based, in part, on IP data demonstrating that multiple false tax returns had been filed from their apartments. A search of a computer found in Henry’s apartment revealed multiple .JPEGs which contained names, dates of birth and social security numbers of 243 individuals. In Terry’s apartment, agents saw a spreadsheet open on a computer screen, which spreadsheet, as well as other loose papers found in the apartment, contained personal identity information including names, dates of birth and social security numbers of hundreds of victims, at least some of which had been used to file false and fraudulent tax returns.

According to court documents, both Henry and Terry gave statements at the time of the searches where they admitted that they had been filing false and fraudulent tax returns using stolen identities. Henry admitted to obtaining the identities from his neighbor and co-defendant, Terry, who he claimed had taught him how to file false and fraudulent tax returns. Henry admitted that he had directed the IRS to put the tax refunds associated with these returns on debit cards that he had directed to be delivered to his apartment. Henry used the debit cards to obtain illicit tax proceeds through ATM withdrawals. Terry admitted that he had directed IRS to deposit the illicit tax refunds associated with these returns onto debit cards and into bank accounts provided to him by co-defendant Pace.

Mr. Ferrer commended the investigative efforts of IRS-CI, FBI, USSS and USPIS. The case is being prosecuted by Assistant U.S. Attorney Peter A. Forand.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls.