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Date: 06-30-2022
Case Style:
United States of America v. Yanio Montes de Oca and Atnetys Ferreira Milian
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 Attorney’s Office
Defendant's Attorney:
Description: Albany, New York criminal defense lawyer represented defendant charged with money laundering.
Yanio Montes de Oca, age 35, of Miami, Florida, and Atnetys Ferreira Milian, age 42, of Miami, were indicted for their respective roles in a conspiracy to commit money laundering.
On March 10, 2021, De Oca admitted to being a part of a conspiracy that, between December 2015 and July 2019, laundered thousands of gift cards that were obtained using fraudulent debit and credit cards encoded with information stolen using gas station skimming devices. After obtaining the gift cards from co-conspirators, De Oca sold them on a gift card exchange website using a “bulk seller” account he established in the name of a Florida company he created in 2015 for that purpose. After selling the fraudulently obtained gift cards, De Oca transferred the resulting amounts to bank accounts he controlled. De Oca then distributed some of the money he obtained through gift card sales to other conspirators, retaining the rest of the funds for himself. As part of his plea agreement, De Oca agreed to be subject to a forfeiture money judgment in the amount of $1,020,193.10.
As part of her guilty plea on December 6, 2019, Ferreira Milian admitted to being a part of the same conspiracy and using multiple bank accounts that she controlled to launder money orders that had been purchased with fraudulent debit cards. The debit cards used stolen account numbers that had been skimmed at gas station pumps across the country. During the period of the conspiracy, Ferreira Milian deposited over 1,100 money orders, totaling over $691,000, into her accounts, and then withdrew most of the laundered funds in cash. As part of her plea agreement, Ferreira Milian agreed to be subject to a forfeiture money judgment in the amount of $49,162.00.
Senior United States District Judge Gary L. Sharpe also imposed on Montes de Oca a 3-year term of supervised to follow the term of incarceration.
These cases were investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in Miami and Pittsburgh, the USPIS Miami Division, and the United States Secret Service Miami Field Office. The case was prosecuted by Assistant U.S. Attorney Rick Belliss.
Outcome: 06/30/2022 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Sentencing held on 6/30/2022 for Atnetys Ferreira Milian (7). Appearances Made: Rick Belliss, AUSA, for the USA, Jay White, Esq., for defendant, Steven Sheffer for Probation and Spanish Interpreter Thomas VanAlstyne appointed in case as to Atnetys Ferreira Milian. Judge inquires regarding review of presentence report and objections. The Court adopts the factual information and the guideline applications contained in the Presentence Investigation Report. Court issues a downward variance. Count(s) 2, Defendant is sentenced to a term of 1 year Probation. Standard and special conditions of Probation imposed. Special Assessment in the amount of $100.00 imposed. Defendant shall consent to an entry of forfeiture to the items outlined in the Preliminary Order of Forfeiture. No fine imposed. Parties advised of appeal rights. (Court Reporter Lisa Tennyson) Time: 12:58-1:30 P.M. (jel, ) (Entered: 06/30/2022)
06/30/2022 284 JUDGMENT as to Atnetys Ferreira Milian (7), Count(s) 2, Defendant is sentenced to a term of 1 year Probation. Standard and special conditions of Probation imposed. Special Assessment in the amount of $100.00 imposed. Defendant shall consent to an entry of forfeiture to the items outlined in the Preliminary Order of Forfeiture. No fine imposed. Parties advised of appeal rights. Signed by Senior Judge Gary L. Sharpe on 6/30/2022. (jel, ) (Entered: 06/30/2022)
06/30/2022 285 COURT EXHIBIT (jel, ) (Entered: 06/30/2022)
06/30/2022 286 STATEMENT OF REASONS [LODGED] as to Atnetys Ferreira Milian [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. It is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited.] (see) (Entered: 06/30/2022)
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Defendant's Experts:
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