Three-year prison term handed down for fraud, identity theft

A Cape Coral man will serve time in federal prison following a sentencing earlier this week.

Henry Alberto Fernandez Gomez, 30, was sentenced on Tuesday to three years in prison for access device credit card fraud and aggravated identity theft charges, according to the U.S. Attorney’s Office for the Middle District of Florida. U.S. District Judge Sheri Polster Chappell delivered the sentence.

He pleaded guilty on April 25 to the two counts in accordance with a plea agreement.

Officials with the U.S. Attorney’s Office previously reported that Gomez faced a maximum penalty of 10 years for the fraud charge and a mandatory minimum of two years for the identity theft charge.

On Tuesday, he was also ordered to repay approximately $8,070 in restitution to his victims and an extra $8,070 to the United States, which represents the proceeds he obtained from the offenses.

According to court documents, Gomez used stolen and unauthorized credit card information to make 27 purchases at retail establishments throughout the state between December 2014 and April 2015. On one occasion, he used the stolen credit card information to buy furniture worth approximately $3,500.

Gomez also used another person’s means of identification to make a purchase at a liquor store.

A federal grand jury returned the indictment against him in December, officials previously reported. At the same time, the jury also returned an indictment against Edrey Santo Rojas, 31, also of the Cape.

According to the indictment, Rojas used stolen and unauthorized credit card information to obtain something worth over $1,000 between December 2014 and August 2015. He also used counterfeit and unauthorized access devices with account numbers from both financial institutions and individuals.

Rojas also allegedly possessed a credit card skimmer in May 2014 with the intent to defraud.

Like Gomez, Rojas was charged with device credit card fraud and aggravated identity theft. He was also charged with one count of possession of a credit card skimming device, officials reported.

He faces a maximum of 10 years on the fraud charge and a mandatory minimum of two years on the identity theft charge, plus up to 15 years in prison for possessing a credit card skimming device.

“Rojas’ case is currently set for trial before District Judge (Sheri Polster) Chappell during the September trial term,” William Daniels, a spokesman with U.S. Attorney’s Office, said Thursday.

Both cases were investigated by the Federal Bureau of Investigation, Lee County Sheriff’s Office’s Economic Crimes Unit and Cape Coral Police Department.

Gomez’s case was prosecuted by Assistant U.S. Attorney David G. Lazarus


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