Worcester Man Charged with Fraud and Identity Theft

BOSTON – A Worcester man was indicted today in federal court in Worcester in connection with using the identity of a disabled Medicare beneficiary for 17 years.

Jose Agosto, 56, was charged with four counts of wire fraud, four counts of misuse of a social security number, three counts of making false statements relating to health care services, and five counts of aggravated identity theft. Agosto was charged yesterday in a criminal complaint and arrested. He is being detained pending a detention hearing scheduled for Aug. 11, 2017.

According to the charging documents, since at least August 2000, Agosto has fraudulently used the identity of a disabled Medicare beneficiary. Agosto received medical treatment in the victim’s name, resulting in more than $140,000 being billed to Medicare, and also obtained Massachusetts driver’s licenses, replacement Social Security cards, and opened bank accounts all in the victim’s name. Agosto used the victim’s identity to enter into a promissory note with a Massachusetts-based bank and then almost immediately defaulted on the loan.

Court documents further allege that Agosto, pretending to be his own cousin, made death threats to a relative of the victim. Agosto left two voicemail messages for the victim’s relative in July 2017 threatening that if his “cousin” went to jail, he would “start killing all [the victim’s] family one by one.” He continued to say that if he finds out his “cousin” is in jail, there will be a massacre, and that he would terminate the victim’s family.

The charge of wire fraud provides for a sentence of no greater than 20 years in prison, up to three years of supervised release and a fine of $250,000. The charges of Social Security fraud and making false statements provide for a sentence of no greater than five years in prison, up to three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory minimum sentence of two years in prison, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, Office of Investigations, Boston Field Division; Philip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General, Office of Investigations; and Christina Scaringi, Special Agent in Charge of the U.S Department of Housing and Urban Development, Office of the Inspector General, Northeast Regional Office, made the announcement today. The U.S. Department of Agriculture, Office of Inspector General and the Massachusetts Bureau of Special Investigations provided assistance with the investigation. Assistant U.S. Attorney William F. Abely of Weinreb’s Worcester Branch Office is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.