Two face identity theft charges
By John Joyce
Published in News on November 13, 2015 1:46 PM
Two Guatemalan nationals employed at Case Farms in Dudley have been taken into federal custody on charges of identity theft according to documents obtained from the U.S. Attorney's Office.
Both men allegedly purchased stolen Social Security numbers originally issued to U.S. citizens born in Puerto Rico. Both men confessed to knowing they purchased the identities illegally and that they knew they were stealing from real people, according to their respective indictments.
On Nov. 3, agents with U.S. Immigration and Customs Enforcement (ICE) who operate under the U.S. Department of Homeland Security's investigations division traveled to Case Farms -- a chicken processing facility in Dudley -- and served two federal arrest warrants.
The men charged, Mario Ambrocio-Cruz and Rubelino Cabrera Rivera, are accused of sneaking into the United States by walking across the border from Mexico and, after being in the country for a period of time, moving to N.C. and purchasing identities stolen from legitimate U.S. citizens. The identities were then used for the purpose of obtaining employment, identifications and health insurance benefits, according to the indictments.
The crime, according to authorities, is prevalent. ICE routinely investigates identity theft and document fraud cases, ICE public information officer Bryan Cox said.
"It is something that we see on a routine basis," he said.
Often, the investigation begins with identifying someone in possession of illegal or manufactured documentation who is using the forms to obtain employment and Social Security benefits. The case then broadens to where, and by whom, the documents are being manufactured and distributed, Cox said.
"The large scale criminal organization is absolutely the main focus of our investigations," he said.
Neither Cox nor the U.S. Attorney's Office are permitted to speak openly about ongoing investigations. There are, however, similarities in the cases against the two men charged at Case Farms.
After being arrested at work and consenting to having both his home and his vehicle searched, Ambrocio was read his rights in both English and Spanish. He agreed to cooperate with investigators. The following timeline is outlined in the indictment against him.
Ambrocio was born in Guatemala in 1980. On or about April 1, 2001, Ambrocio crossed on foot into the U.S. from Mexico without a visa. He said he paid smugglers $3,200 to take him from Guatemala to Sonora, Mexico. For another $500, Ambrocio was then taken from Mexico to Eloy, Ariz., and for another $1,000, from Arizona to North Carolina.
Ambrocio worked in agriculture for a year or two before meeting a Hispanic man who said he could sell him an identity that would make him a U.S. citizen, the indictment alleged. Ambrocio agreed.
For $750, Ambrocio took on a name the indictment only identifies by the initials "J.C.D." He received a birth certificate and Social Security card assigned to a 39-year-old citizen of the U.S. territory of Puerto Rico. Ambrocio used the identity, which he admits in the indictment he knew belonged to a real person and that was not fictitious, to obtain a N.C. ID, a driver's license, and to get jobs at Lundy's, House of Raeford, Carolina Turkey and at Case Farms.
He used the fraudulent documents to fill out tax forms and forms regarding employment eligibility. He incurred medical bills, utility bills and other bills, the indictment alleged.
Ambrocio also racked up an extensive list of criminal charges and traffic violations -- from fishing without a license and driving while license revoked to DWI.
Cabrera told a similar story to ICE agents, according to his indictment.
He told agents he crossed into the U.S. from Mexico in February 2006. He said he went straight to California where he lived for three years before deciding to move to N.C. to "live with friends," the indictment said.
Once in N.C., Cabrera met a man from either Guatemala or Mexico, who sold him a birth certificate and Social Security card in the identity of a U.S. citizen from Puerto Rico identified in the indictment only by the initials "A.G.M."
Cabrera paid $1,200 to assume the identity of A.G.M. and used the fraudulent documents to obtain state identification and a driver's license, and to secure employment at Hog Slat, Butterball (as a sanitation contractor) and at Case Farms. Cabrera admitted to using the stolen identity to fill out tax forms and employment eligibility forms, and to incurring traffic violations and arrests including a DWI charge for which he was sentenced to 90 days in jail and 12 months supervised probation.
He, too, admitted he knew the identity he purchased was that of a real person and was not fictitious.
Both Ambrocio and Cabrera are charged with misuse of a Social Security number, aggravated identity theft and reentry of a removed alien.
Cox could not say whether Ambrocio and Cabrera knew each other or purchased their fraudulent documentation from the same person.
He said cases that begin with identity theft often lead to investigations of a larger scope.
"As long as they are crossing a state line or a U.S. border, that is something the federal government will investigate and seek prosecution on," Cox said.
If convicted, the maximum penalty Ambrocio and Cabrera could face if imposed on all three charges, would result in nine years in federal prison, $750,000 in fines, $300 in special assessment fees, one year of supervised release and, in the event of revocation of supervised release, an additional year in prison.
Deportation would likely be sought or enforced after completion of the prison terms, U.S. Attorney's Office public information officer Don Connelley said.
"That would be up to the administrative law judge," he said.
Case Farms director of human resources Robert Barragan referred a call seeking comment to a public relations firm based out of Raleigh. Amanda Frasca, an account executive at Howard/Merrell, the PR firm contracted by Case Farms, did not return calls for comment by press time.