Date: 04-22-2021

Case Style:

Case Number: 1:19-cr-00348-GLS

Judge: Gary L. Sharpe

Court: United States District Court for the Northern District of New York (Albany County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:

Criminal Defense Lawyer Directory

Description: Albany, New York access device fraud charge criminal defense lawyer represented Defendant, Marlon Palacios, age 33, of Pittsburgh, Pennsylvania, who was charged for participating in a conspiracy to commit access device fraud, as well as for committing aggravated identity theft, for taking part in a nationwide gas station skimming scheme that involved stealing the banking and personal information of residents of Upstate and Central New York who used the “pay at the pump” feature to make gasoline purchases.

Palacios admitted to being a part of a conspiracy that, between December 2015 and July 2019, obtained the credit and debit card information of gas station customers using skimming devices surreptitiously installed inside gas pumps. Using the stolen information, members of the conspiracy created fake debit and credit cards, and then used those fake cards to obtain money orders and gift cards, and to withdraw cash from ATMs. Members of the conspiracy enriched themselves with some of the money orders, gift cards, and cash, and also provided money orders and gift cards to members of a money laundering conspiracy who used various bank and gift card exchange website transactions to obscure the nature and source of the funds.

This case is being investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in San Juan, Miami, and Pittsburgh, the USPIS Miami Division, and the United States Secret Service Miami Field Office. The case is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.

18:1029(b)(2)Conspiracy to Commit Access Device Fraud and forfeiture allegation #1
(1)
18:1028A(a)(1) Aggravated Identity Theft
(6)

Outcome: 04/14/2021 146 PLEA AGREEMENT as to Marlon Palacios (jel, ) (Entered: 04/14/2021)
04/14/2021 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law; Change of Plea Hearing as to Marlon Palacios held on 4/14/2021 via TEAMS. Appearances Made: Emily Powers and Richard Belliss, AUSA's, for the USA, Tim Austin, Esq., for defendant and Craig Penet for Probation. Court inquires of defendant waiving formal appearance and consent to proceed by video. Defendant advises court he consents to proceed by video. Charges read by Judge Sharpe. Plea entered by Marlon Palacios (11) Guilty Count 1,6. Court accepts guilty plea and Plea Agreement is handed up for filing and accepted as to Marlon Palacios. Sentencing is scheduled for August 12, 2021 at 9:00 a.m. in Albany, New York. Presentence Report is ordered. Defendant is continued on conditions previously set with additional two (2) conditions which defendant consents. (Court Reporter Theresa Casal) Time: 9:00-9:35 a.m. (jel, ) (Entered: 04/14/2021)
04/14/2021 147 UNIFORM PRESENTENCE/GUIDELINE ORDER as to Marlon Palacios: Sentencing set for 8/12/2021 at 09:00 AM in Albany before Senior Judge Gary L. Sharpe. Government Sentencing Memo Deadline 7/22/2021. Defendant Sentencing Memo Deadline 7/22/2021. Signed by Senior Judge Gary L. Sharpe on 4/14/2021. (jel, ) (Entered: 04/14/2021)
For the access device fraud conspiracy charge, Palacios faces up to 5 years in prison; a fine of up to $250,000; and up to 3 years of supervised release. For the aggravated identity theft charge, Palacios faces a term of imprisonment of 2 years, to be served consecutive to any other term of imprisonment. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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