Date: 05-11-2022

Case Style:

United States of America v. Alessandro Doreus, Jean Elie Doreus Jovin, and Djouman Doreus

Case Number: 1:21-mj-02380-JB

Judge: Gregory A. Presnell

Court: United States District Court for the Middle District of Florida (Orange County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney: Chad Piotrowski

Description: Orlando, Florida criminal defense lawyer represented defendant charged with conspiracy to possess an unauthorized access device.

from at least 2015 through 2020, Jean Elie Doreus Jovin (34, of Loganville, GA.), Alessandro Doreus, (29, of Port St. Lucie, FL.), and Djouman Doreus (29, of North Miami, Fl., conspired to knowingly, and with intent to defraud, possess tens of thousands of counterfeit and unauthorized access devices—including the names, Social Security numbers, account numbers, usernames, and passwords of identity theft victims.

The conspirators frequently exchanged these counterfeit and unauthorized access devices—in bulk—among themselves. For example, in November 2018, Jovin emailed Alessandro Doreus a file that contained track 2 data for approximately 58,700 credit cards. The conspirators also routinely sent each other messages that contained scores of names, Social Security numbers, and dates of birth of identity theft victims and engaged in a number of fraudulent schemes using the personally identifiable information (PII) that they had amassed. For example, they fraudulently opened and used numerous financial accounts in the names of identity theft victims and used stolen or fraudulently obtained credit card information to pay fake vendor accounts that Jovin opened and controlled. In addition, they used the names and Social Security numbers of identity theft victims to file fraudulent tax returns and obtain tax refunds to which they were not entitled.

Jovin also purchased multiple compromised computer server credentials (including usernames and passwords) on a dark web marketplace and used those compromised server credentials to remotely and fraudulently access computer servers. At times, Jovin shared these compromised server credentials with Alessandro Doreus. To make it difficult for authorities to trace and attribute fraudulent activity to them, the conspirators opened dozens of email accounts—one of which was nofacenocase2017@gmail.com. The conspirators used these email accounts exclusively or primarily to perpetuate their fraud scheme.

In August 2020, the FBI executed a search warrant at Alessandro Doreus’s home and seized notebooks that contained the PII of more than 300 identity theft victims, and credit cards issued in the names of identity theft victims. The FBI also seized $490,365, which are proceeds obtained from this conspiracy.

“No face, no case… No More. This trio will now forever be known to law enforcement,” said FBI Tampa Special Agent in Charge David Walker. “The FBI and its law enforcement partners will never cease to bring to justice heartless fraudsters who exploit identity theft victims. If you suspect your personal information has been compromised, please contact the FBI’s Internet Crime Complaint Center at www.ic3.gov.”

“The Doreus trio wrongly assumed that their crimes would be untraceable, hidden under a cloak of internet anonymity,” said IRS-CI Special Agent in Charge Brian Payne. “Through sophisticated investigative techniques, IRS-CI and our partners uncovered a digital set of footprints leading to these three criminals. Today’s sentencing now holds them accountable for their crimes and should serve as a warning to others involved in this parasitic behavior.”

This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigation. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.


Violation of Aggravated identity theft

(a) Offenses.—

(1) In general.—Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.

(2) Terrorism offense.—Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

(b) Consecutive Sentence.—Notwithstanding any other provision of law—

(1) a court shall not place on probation any person convicted of a violation of this section;

(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used;

(3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and

(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.

(c) Definition.—For purposes of this section, the term "felony violation enumerated in subsection (c)" means any offense that is a felony violation of—

(1) section 641 (relating to theft of public money, property, or rewards 1), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans);

(2) section 911 (relating to false personation of citizenship);

(3) section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm);

(4) any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7);

(5) any provision contained in chapter 63 (relating to mail, bank, and wire fraud);

(6) any provision contained in chapter 69 (relating to nationality and citizenship);

(7) any provision contained in chapter 75 (relating to passports and visas);

(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses);

(9) section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card);

(10) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or

(11) section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a–7b(a), and 1383a) (relating to false statements relating to programs under the Act).(a)(1). which provides:

and

18 U.S.C. 1029(b)(2), which provides:

(2) Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties engages in any conduct in furtherance of such offense, shall be fined an amount not greater than the amount provided as the maximum fine for such offense under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsection (c) of this section, or both.

(c) Penalties.—

(1) Generally.—The punishment for an offense under subsection (a) of this section is—

(A) in the case of an offense that does not occur after a conviction for another offense under this section—

(i) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and

(ii) if the offense is under paragraph (4), (5), (8), or (9) of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both;

(B) in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both; and

(C) in either case, forfeiture to the United States of any personal property used or intended to be used to commit the offense.

(2) Forfeiture procedure.—The forfeiture of property under this section, including any seizure and disposition of the property and any related administrative and judicial proceeding, shall be governed by section 413 of the Controlled Substances Act, except for subsection (d) of that section.

(d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.

(e) As used in this section—

(1) the term “access device” means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument);

(2) the term “counterfeit access device” means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;

(3) the term “unauthorized access device” means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud;

(4) the term “produce” includes design, alter, authenticate, duplicate, or assemble;

(5) the term “traffic” means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of;

(6) the term “device-making equipment” means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device;

(7) the term “credit card system member” means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system;

(8) the term “scanning receiver” means a device or apparatus that can be used to intercept a wire or electronic communication in violation of chapter 119 or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument;

(9) the term “telecommunications service” has the meaning given such term in section 3 of title I of the Communications Act of 1934 (47 U.S.C. 153);

(10) the term “facilities-based carrier” means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934; and

(11) the term “telecommunication identifying information” means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument.

(f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. For purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(g)(1) It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier, to engage in conduct (other than trafficking) otherwise prohibited by that subsection for the purpose of protecting the property or legal rights of that carrier, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without the authorization of such carrier.

(2) In a prosecution for a violation of subsection (a)(9), (other than a violation consisting of producing or trafficking) it is an affirmative defense (which the defendant must establish by a preponderance of the evidence) that the conduct charged was engaged in for research or development in connection with a lawful purpose.

(h) Any person who, outside the jurisdiction of the United States, engages in any act that, if committed within the jurisdiction of the United States, would constitute an offense under subsection (a) or (b) of this section, shall be subject to the fines, penalties, imprisonment, and forfeiture provided in this title if—

(1) the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity within the jurisdiction of the United States; and

(2) the person transports, delivers, conveys, transfers to or through, or otherwise stores, secrets, or holds within the jurisdiction of the United States, any article used to assist in the commission of the offense or the proceeds of such offense or property derived therefrom.

Outcome: Alessandro Doreus and Jovin were each sentenced to six years and nine months in federal prison. Djouman Doreus was sentenced to five years and one month imprisonment. All three had previously pleaded guilty.

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