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Description: Allentown, Pennsylvania criminal law lawyer represented Defendant charged for his role in perpetrating a mail fraud scheme to steal high-end electronics from his former employer, Walmart.

In June 2022, the Rusmaldy Jimenez-Hiciano, 38, of Goose Creek, SC, pleaded guilty to four counts of mail fraud and admitted in court that he masterminded a scheme to steal and re-sell expensive electronics. In late 2017, the defendant, a long-time employee at Walmart’s Bethlehem, PA, distribution center, devised a plan to defraud the company by hiding certain high-end electronic merchandise when it came into the warehouse on delivery trucks; mailing that merchandise via FedEx to addresses in Allentown controlled by the defendant; selling the stolen goods; and sharing the proceeds with others.

“Jimenez-Hiciano stole hundreds of thousands of dollars’ worth of goods from his former employer,” said U.S. Attorney Romero. “Instead of doing the right thing and performing his job honestly, he took advantage of his position and his employer. Our Office will continue to work with our law enforcement partners to protect innocent individuals and businesses from being victimized by financial fraud.”

“HSI and our partners in the Pennsylvania State Police and the U.S. Attorney’s office have struck another blow against criminals who use our commercial systems to commit crimes that damage our business infrastructure, slow our delivery systems, and ultimately harm consumers through higher prices,” said William S. Walker, Special Agent in Charge of the HSI Philadelphia office. “Crimes such as organized mail fraud schemes inflict severe and long-reaching damage to American consumers. Congratulations to the dedicated agents and prosecutors who worked on this investigation.”

The case was investigated by the U.S. Department of Homeland Security – Homeland Security Investigations and the Pennsylvania State Police, and is being prosecuted by Assistant United States Attorney Mary E. Crawley.

18 U.S.C. 1341 provides:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Outcome: Defendant was sentenced to 46 months in prison, followed by three years of supervised release and ordered to apy $536,000 in restitution and pay a $400 assessment.

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