Berwick Man Sentenced To 48 Months’ Imprisonment For Committing Aggravated Identity Theft While Serving A Term Of Federal Supervised Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 11, 2021, Brian Larry, age 59, of Clark’s Summit, Pennsylvania, was convicted following a seven-day jury trial held before United States District Court Judge Malachy E. Mannion of mail fraud, wire fraud, aggravated identity theft, and false statement offenses.
According to Acting United States Attorney Bruce D. Brandler, Larry was charged with defrauding his former employer, a Wilkes-Barre based automobile warranty company, from approximately January 2014 through October 2018. Larry was convicted of stealing the personal information of warranty policy owners and providing it to his coconspirators, who created false invoices for nonexistent automobile repair work supposedly performed at various garages in Rhode Island, Massachusetts, and Pennsylvania, including by forging the policy owners’ signatures on the paperwork. The false and forged documentation was then sent to the warranty company, where Larry approved payment of the invoices. During the course of the scheme, Larry and his coconspirators obtained approximately $400,000 paid out by the warranty company pursuant to the false invoices, including thousands of dollars in repair work for Larry’s personal vehicle that he charged to other policy owners. The evidence at trial showed that Larry then falsified internal warranty company documents in an attempt to conceal his crimes.
The jury returned a guilty verdict after approximately two hours of deliberation. Larry was convicted of every count in his indictment: one count of conspiring to commit mail fraud and wire fraud; four counts of wire fraud, two counts of mail fraud; five counts of aggravated identity theft; and one count of making a false statement to the FBI when he denied receiving cash kickbacks in exchange for his participation in the scheme.
Three of Larry’s coconspirators previously pleaded guilty in connection with the scheme, and are awaiting sentencing:
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Phillip J. Caraballo and Jeffrey St John prosecuted the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the fraud offenses are 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. The aggravated identity theft charges carry a mandatory, consecutive two-year minimum. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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