DOT-IG

7/21/2019 DOT-IG

http://slidepdf.com/reader/full/dot-ig 1/11

UNITED STATES DISTRICT CO URT

SOUTH ERN DISTRICT O F FLO RIDA

9 . ë2

Case No. -

18 U.S.C. j 13449 D fy q

18 U.S.C. j 1014U R - X U

18 U.S.C. j 2

18 U.S.C. j 982

+

.

Q

Juu ? o

8> 4. .tz

azv : >

.

a ofyu aat ct G jr / u . - > t

? t

MAGISTRATE JUDGK

Sl )v1ON')''ON

UNITED STATES OF AM ERICA

VS.

RICARDO AM ADOR BALLESTEROS GARCIA,

a/k/a çdRicardo Amador Ballesteros,''

a/k/a çdRicardo Amador Ballester,'' and

a/k/a çiAlejandro Alvarez Abreu,''

Defendant.

/

INDICTM ENT

The Grand Jury charges that:

GENERAL ALLEGATIONS

At a11 times relevant to this lndictment:

The defendant, RICARDO AM ADOR BALLESTEROS GARCIA, a/k/a

éiRicardo Amador Ballesteros,'' a/k/a iéRicardo Amador Ballester,'' a/k/a diAlejandro

Alvarez Abreu,'' was born 1964 in Havana, Cuba. The name recorded on

BALLESTEROS'S Cuban birth certificate was 'ilkicardo Amador Ballesteros Garcia.''

2. Som etim e at least as early as the m id-1990's, RICARDO AM ADOR

BALLESTEROS GARCIA fsrst came to the United States.

On or about January 1998, RICARDO AM AD OR BALLESTEROS

GARCIA applied for and received a Florida driver'slicense in the name ççlticardo Amador

Case 1:13-cr-20455-PAS Document 3 Entered on FLSD Docket 06/21/2013 Page 1 of 11

7/21/2019 DOT-IG


Ballester.'' The State of Florida re-issued BALLESTEROS a Florida driver's ligense in that

name on a number of occasions, including as recently as Febnzary 1 1, 2009.

In or around December 2006, RICARDO AM ADOR BALLESTEROS

GARCIA submitted an application to the Department of Homeland Security, U.S. Citizenship

and Immigration Services, to btcome a permanent resident of the United States

BALLESTEROS stated in his application that ht was born in 1964 in Havana

,

Cuba, and that

his name was ûtRicardo Amador Ballesteros.'' ln support of his application

,

BALLESTEROS

provided the immigration authorities with a copy of his Cuban birth certiticate in the name

lkRicardo Amador Ballesteros Garcia.''

On or about October 18, 2007, the Department of Hom eland Security, U

.

S.

Citizenship and lmmigration Servicts, approved RICARDO AM ADOR BALLESTEROS

GARCIA'S application for pennanent resident status.

6. On or about July 15, 2003, RICARDO AM ADOR BALLESTEROS GARCIA

bought a residential property located at 28 Ixora W ay, Ocean Ridge

,

Florida, for approximately

$765,000. BALLESTEROS purchased the property using the name çlAlejandro Alvarez

Abreu.''

On or about August 4, 2003, a W arranty Deed was fled with the Clerk of the

Court for Palm Beach County retlecting that C'J.T.L.T.'' had sold the property located at 28 Ixora

Way, Ocean Ridge, Florida, to flAlejandro Alvarez Abreu'' on July 15, 2003.

8. BAC Florida Bank (ISBAC Florida'') was a financial institution with offices

located in the United States. BAC Florida'saccounts were insured by the Federal Deposit

lnsurance Corporation (ûtFDIC'').


7/21/2019 DOT-IG


9. Washington Mutual Bank (ttWashington Mutual'') was a financial institution with

offices located in the United States

W ashington M utual's accounts were insured by the FDIC

.

COUNT 1

Bank Fraud

(18 U.S.C. j 1344)

1. Paragraphs 1 through 8 of the General Allegations section of this lndictment are

re-alleged and incomorated by reference as though fully set forth herein

.

On or about October 29, 2003

,

in Broward County, in the Southern District of

Florida, and elsewhere, the defendant,


a/k/a dçRicardo Am ador Ballesteros,''

a/k/a SçRicardo Amador Ballesterq''

a/k/a çdAlejandro Alvarez Abreu,''

did knowingly, and with intentto defraud

,

execute, and attempt to execute, and cause the

execution of, a scheme and artifice to defraud a financial institution

,

that is, BAC Florida, which

scheme and artitice employed a material falsehood

,

and did knowingly, and with intent to

defraud, execute, and attempt to execute, and cause the execution of

,

a scheme and artifice to

obtain moneys and funds owned by, and under the custody and control of a fnancial institution

,

that is, BAC Florida, by means of false and fraudulent pretenses

, representations, and promises,

relating to a material fact, in violation of Title 18

,

United States Code, Sections 1344(1) and (2),

and 2.

PURPOSE OF THE SCHEM E AND ARTIFICE

3. It was a pumose of the schem e and artisce for the defendant to unlawfully emich

himself by obtaining a loan secured by the residential property located at 28 lxora W ay

,

Ocean

Ridge, Florida, through the submission of a loan application and related doctlments to BAC

Florida that contained false and fraudulent information conceming his identity

.

3


7/21/2019 DOT-IG


THE SCHEME AND ARTIFICE

The mnnner and m eans by which the defendant sought to accomplish the purpose of the

scheme and

artisce included, among other things

,

the following:

4

.

On or about October 29, 2003, RICARDO AMADOR BALLESTEROS

ARCIA obtained a loan in the amount of $497,250 from BAC Florida

The loan from BAC

lorida was collaterali

zed by a mortgage on the residential property located at 28 lxora W ay

,

Ocean Ridge

Florida. BALLESTEROS obtained the loan in the name ilAlejandro Alvarez

Abreu-''

5. The closing for the loan took place at the offices of a 1aw tsrm located in Pompano

Beach, Florida. At the closing, RICARDO AMADOR BALLESTEROS GARCIA signed

arious documents - including a HUD-I Settlement Statement

,

a Unifonn Residential Loan

Application, a Signature Affidavit

,

and a Name Affdavit - in the name tiAlejandro Alvarez

Abreu.'' BALLESTEROS did not disclose to BAC Florida in his loan application or otherwise

that his true name was RICARDO AM ADOR BALLESTEROS GARCIA

.

EXECUTION OF THE SCHEME AND ARTIFICE

.

On or about October 29, 2003, RICARDO AMADOR BALLESTEROS

ARCIA did execute and attempt to execute the scheme and artifice t

o defraud and did cause

said scheme and artifice to be executed by submitting to BAC Florida false and fraudulent

nfonnation concerning his true identity in order to obtain a loan in the amount of $497

,

250

ollateralized by the residential property located at 28 Ixora W ay

,

Ocean Ridge, Florida.

n violation of Title 18

,

United States Code, Sections 1344(1) and (2), and 2.


7/21/2019 DOT-IG


COUNT 2

False Statement to Financial Institution

(18 U.S.C. j 1014)

0n or about October 29, 2003, in Broward County

,

in the Southern District of Florida

,

and elsewhere, the defendant,

RICARDO AM ADOR BALLESTEROS GARCIA

,

a/k/a ésRicardo Amador Ballesteros,''

a/k/a tçRicardo Am ador Ballester,''

a/k/a dçAlejandro Alvarez Abreuc

did knowingly m ake a false statement for the purpose of intluencing in any way the action of

BAC Florida, an institution the accounts of which were insured by the FDIC

,

in that, in

connection with obtaining a mortgage loan for the property located at 28 lxora W ay

,

Ocean

Ridge, Florida, BALLESTEROS submitted to BAC Florida a HUD-I Settlement Statement

,

a

Uniform Residential Loan Application, a Signature Afsdavit

,

and a Name Affidavit that falsely

represented that BALLESTEROS' name was çWlejandro Alvarez Abreu'' and that falsely

rtpresented that he was not known by any other names, in violation of Title 18

,

United States

Code, Sections 1014 and 2.

COUNT 3

Bank Fraud

(18 U.S.C. j 1344)

Paragraphs 1 through 7 and paragraph 9 of the General Allegations section of this

Indictment are re-alleged and incorporated by reference as though fully set forth herein

.

2. On or about February 22, 2005, in M inmi-Dade County

,

in the Southern District

of Florida, and elsewhere, the defendant,

RICARDO AM ADO R BALLESTEROS GARCIA,

a/k/a GRicardo Amador Ballesteros,''

a/k/a çsRicardo Amador Ballester,''



7/21/2019 DOT-IG


did knowingly, and with intent to defraud

,

execute, and attempt to exeeute

,

and cause the

tion of

,

a scheme and artifice to defraud a financial institution

,

that is, W ashington Mutual

,

xecu

which scheme and artifice employed a material falsehood

,

and did knowingly, and with intent to

defraud, execute, and attempt to execute

,

and cause the execution of, a scheme and artifice to

btain moneys and ftmds owned by

,

and under the custody and control of a financial institution

,

that is W ashington M utual, by means of false and fraudulent pretenses

,

representations, and

promises, relating to a material fact, in violation of Title 18

,

United States Code, Sections

344(1) and (2)

,

and 2.

PURPOSE OF THE SCHEM E AND ARTIFICE

3. lt was a purpose of the scheme and artifice for the defendant to unlawfully enrich

himself by obtaining a loan secured by the residential property located at 28 lxora W ay

,

Ocean

Ridge, Florida, through the submission of a loan application and related documents to

ashington Mutual that contained false and fraudulent information concerni

ng his identity.

THE SCHEME AND ARTIFICE

The manner and means by which the defendant sought to accomplish the purpose of the

scheme and artitke included, among other things

,

tht following:

.

On or about February 22, 2005, RICARDO AMADOR BALLESTEROS

ARCIA

obtained a loan in the amount of $805,000 from Washington Mutual

The 1oan from

ashington Mutual was collateralized by a mortgage on the residential property located at 28

xora Way, Ocean Ridge, Florida. BALLESTEROS obtained the loan in the name ûsAlejandro

,, lvarez Abreu.

.

The closing for the loan took place at the offices of a 1aw firm located in M iami

,

Florida. At the closing, RICARDO AM ADOR BALLESTEROS GARCIA signed various


7/21/2019 DOT-IG


documents - including a HUD-I Settlement Statement

,

a M aster Loan Application, and a Same

Name Aftidavit - in the name çlAlejandro Alvarez Abreu.'' BALLESTEROS did not disclose to

W ashington M utual in his loan application or otherwise that his true nmne was RICARDO

AM ADOR BALLESTEROS GARCIA.

EXECUTION OF THE SCHEM E AND ARTIFICE

6. On or about February 22, 2005

,

RICARDO AM ADOR BALLESTEROS

GARCIA did execute and attempt to execute the scheme and artifice to defraud and did cause

said schem e and artifice to be executed by submitting to W ashington M utual false and fraudulent

information concerning his true identity in order to obtain a loan in the nmount of $805

,

000

collateralized by the residential property located at 28 Ixora W ay

,

Ocean Ridge, Florida.

In violation of Title 18, United States Code, Stctions 1344(1) and (2), and 2.

COUNT 4

False Statement to Financial Institution

(18 U.S.C. j 1014)

22, 2005, in M iami-Dade County, in the Southern District ofn or about February

Florida, and elsewhere, the defendant,


a/k/a GRicardo Amador Ballesteros,''

a/k/a SçRicardo Amador Ballester,M


did knowingly make a false statement for the pup ose of iniuencing in any way the action of

W ashington M utual, an institution the accounts of which were instlred by the FDIC

,

in that, in

connection with obtaining a mortgage loan for the property located at 28 Ixora W ay

,

Ocean

Ridge, Florida, BALLESTEROS submitted to W ashington M utual a HUD-I Settlement

Statement, a M aster Loan Application

,

and a Same Name Aftidavit that falsely represented that

BALLESTEROS' name was ççAlejandro Alvarez Abreu'' and that falsely represented that he


7/21/2019 DOT-IG


was nOt known by any other names

,

in violation of Title 18

,

United States Code, Sections 1014

and 2.

FORFEITURE

(18 U

.

S.C. j 982)

1

.

The General Allegations and the allegations of Counts 1 through 4 of this

Indictment are re

-

alleged and by this reftrence fully incomorated herein for tht purpose of

alleging fodkiture to the United States of America of certain property in which the defendant has

n interest

.

2. Upon conviction of any of the offenses charged in Counts 1 tllrough 4 of this

Indictment, the defendant, RICARDO AM ADOR BALLESTEROS GARCIA

, shall forfeit to

he United States any property constituting

,

or derived from, any proceeds that the defendant

btained directly or indirectly, as the result of such violation

,

pursuant to Title 18, United States

Code, Section 982(a)(2)(A).

3. Pursuant to Title 2 1 , United States Code

,

Section 853(p), as incorporated by

reference by Title 18, United States Code

,

Sedion 982(b), if any of the forfeitable property, or

ny portion thereof, as a result of any act or omission of the defendant:

a. cnnnot be located upon the exercise of due diligence;

has been transferred or sold t

o, or deposited with a third party;

has been placed beyond the jurisdiction of the Court;

d. has been substantially diminished in value; or

as been commingled with other property which cannot be .

subdivided without difficulty;

t is the intent of the United States to seek forfeiture of any other property of the defendant up to

the value Of the above-described forfeitable property

.

8


7/21/2019 DOT-IG


A1l pursuant to Title 1 8

,

United States Code, Section 982(a)(2)(A) and the procedures set

forth at Title 21, United States Code

,

Section 853.

A TRUE BILL

z ..

. . .

ERSON

$

W IFREDO A. FERRER

UNITED STATES ATTORNEY

n .

AROLD E

.

SCHIMG TSSISTAN

T UN ITED STATES ATTORNEY

9


7/21/2019 DOT-IG


UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AM ERICA

VS.

RICARDO AMADOR BALLESTEROS GARCIA,

alklz ddRicardo Amador Ballesterpj,''

alkla ddRicjrdo Amador Ballestep'

alkla 'sAlejandro Alvarez Abreu,

Defendant.

I Supea eding Case Information:

CASE NO.

CERTIFICATE OF TRIAL ATTORNEY*

Coud Division: (select one)

X Miami Ke WestB FTpTu vv

l do hereby cedify that:

New Defendantts) Yes No

um ber of New Defendants

Total number of counts

I have carefully considered the allegations 9f the indictm#nt the number Rf defendants the number of

probable witnesses and the Iegalcomplexlties of the IndlctMenvlnformatlon attached hereto

2 . I am Mware that the information supplied gn thiy ltatement will be relied upon y the Ju i es of this

Cpurt In settin/ theirFalendars and Scnedullng crlmlnal trlals underthe mandate Of me Speedy Trial Act

,ltle 28 U.S.U. Sectlon 3161.

4 .

Please check appropriate category and Npe of offense Iisted below:

(Check only one) (check only one)

0 to 5 days

6 to 10 days

11 to 20 days

21 to 60 days

61 days and over

6. Has this case been previously filed in this District Court? (Yes or No) Nnf

yes:

udge: Case No.

(Attach copy gf dispositive ?rdel)

as a complalnt been filed In thls maoer? (Yes Or No) Nnf

yej:

aglstrate Case No.

Related Misc4llaneous numbers: 47-7nR77-f:17-IDAR

Defendantts) ln federal custody as of

Defendantts) In state custody as of

ule 20 from the District of

ls this a potential death penalty case? (Yes or No)

P'Qy

Mlnor

Mlsdem.

Felony

Iqterpreter: (Yes Qr NjIst Ianguage and/or dlalec

This case will take R-8

MoA

days for the parties to try.

Does this case or g inate from a matter pending in the Nodhern Region of the U

.

S. Attorney's Office prior03?

Yes X- Noo October 14, 2

Does this case originate from a maqer pending in the Central Region of the U

.S. Attorney's Office prior07? Y

es Y Noo September 1, 2

*

HAROLD . SCHIMKAT

ASSISTANT UNITED STATES ATTORNEY

Coud No. A5500567

8.

*penalty Sheetls) attached REV 4/8/08


7/21/2019 DOT-IG


UNITED STATES DISTRICT COURT

SOUTH ERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Nam e: RICARDO AM ADOR BALLESTERO S GARCIA

Case No:

Count #: 1

Bank Fraud

Title 18. United States Codem Section 1344

* M ax.penalty: 30 years' im prisonment

Count #: 2

False Statement to Finmwial Institution

Title 18. United Statq

s Codq. Sedion 1014 -

*M ax. Penalty: 30 years' imprisonm ent

Count #: 3

Barlk Fraud

Title 18. United States Code. Section 1344

*M ax. Penalty: 30 years' imprisonm ent

Count #: 4

False Statem ent to Financial lnstitution

Title 18. United States Code. Section 1014

*M ax. Penalty: 30 years' im prisonment

*Refers only to possible term of incarceration, does not include possible fines, restitution,

special assessm ents, parole term s, or fodeitures that m ay be applicable.


Documents

DOT-IG