Kern County Man Charged with Firearms, Fraud, and Identity Theft Offenses

FRESNO, Calif. — On June 18, a federal grand jury brought a 19-count indictment against Rogelio Benavides, 34, charging him with being a felon in possession of a firearm, bank fraud, use and possession of unauthorized credit cards, aggravated identity theft, and possession of stolen mail. Benavides was arrested on the indictment today, U.S. Attorney McGregor W. Scott announced.

According to the indictment unsealed today, between November 2018 and September 2019, Benavides obtained and received, without authorization, hundreds of pieces of stolen mail that included checks, checkbooks, and personally identifiable information (PII) belonging to other individuals and businesses. He then altered and forged checks belonging to other individuals or businesses and either cashed the checks or deposited the checks into his own bank accounts. He also used the PII belonging to the other individuals to apply for and receive unauthorized credit cards, which he used to make purchases and cash advances He used the PII belonging to the other individuals and businesses to access their bank accounts and make unauthorized payments for the unauthorized credit cards and for credit cards, loans, and insurance policies in Benavides’ own name and the names of his associates. Benavides’ scheme caused at least $95,000 in fraudulent charges to be made to other individuals’ bank accounts and credit cards.

This case is the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorneys Vincente Tennerelli and Joseph Barton are prosecuting the case.

If convicted, Benavides faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for being a felon in possession of a firearm, a maximum statutory penalty of 30 years in prison and a fine of up to $1 million for bank fraud, a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for the counts of unauthorized use and possession of access devices, a mandatory two-year sentence consecutive to other counts for aggravated identity theft, and up to five years in prison and a fine of up to $250,000 for possession of stolen mail. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.