Los Lunas Woman Sentenced to Two Years in Federal Prison for Aggravated Identity Theft Conviction

ALBUQUERQUE – Mitzi Marsh, 57, of Los Lunas, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to two years in prison followed by one year of supervised release for her conviction on conspiracy and identity theft charges.  Marsh also was ordered to pay $90,938.65 in restitution to the businesses that were victims of her criminal conduct.

Marsh and her co-defendants, Jeremy Bacuccini, 37, of Albuquerque and Reese Chancellor, 33, of Santa Fe, N.M., were indicted in Nov. 2012, on identity theft, aggravated identity theft, and conspiracy charges.  According to the 11-count indictment, the three co-conspirators unlawfully used the identities of others to commit crimes in 2007 and 2008.  The indictment alleged that the three co-conspirators used counterfeit access devices, like credit cards, opened in the names of others and without their permission to fraudulently obtain items valued at more than $1,000.00.  Court filings indicate that the co-conspirators were responsible for $124,708.71 in losses sustained by the retailers.

Marsh pled guilty to Count 10 of the indictment, charging her with aggravated identity theft on April 29, 2015.  In entering her guilty plea, Marsh admitted that on Dec. 23, 2007, she fraudulently opened a Costco account using a fake ID, for purchases totaling $6,148.32.  However, under the terms of her plea agreement, Marsh was required to pay restitution based on all losses suffered as a result of all of Marsh’s criminal conduct.

On Aug. 2, 2013, Chancellor entered guilty pleas to Counts 3 and 7 of the indictment, charging him with conspiracy to commit identity theft, and Count 8, charging him with identity theft.  In his plea agreement, Chancellor admitted that, while working at an Albuquerque apartment complex in Oct. 2007, he obtained unauthorized access to tenant files and used the names and identifiers of the tenants to make fake IDs and counterfeit checks.  Chancellor further admitted that Bacuccini and Marsh used the fake IDs and counterfeit checks to make fraudulent purchases at numerous retailers, including Home Depot, Zales, Lowe’s, Costco, Sam’s Club and Sears, valued in aggregate at $124,708.71. Chancellor was sentenced on Nov. 7, 2013, to five months in prison followed by three years of supervised release.  Chancellor was also ordered to pay $127,705.71 in restitution to the businesses that were victims of his criminal conduct.

Bacuccini pleaded guilty on June 17, 2013, to Count 6 of the indictment, charging him with aggravated identity theft.  In his plea agreement, Bacuccini admitted that, in Dec. 2007 and Jan. 2008, he used the names and personal identifiers of four individuals, which he obtained from Chancellor, to open accounts at businesses in Albuquerque and Santa Fe and make purchases.  He also admitted using fake checks in the names of two of the individuals to make purchases at Albuquerque businesses.  Bacuccini also admitted making fake checks using bank account numbers provided by Marsh, who worked at a physician’s office.  Bacuccini acknowledged that he and Chancellor are jointly responsible for $30,431.70 in losses sustained by retailers as a result of their criminal conduct.  Bacuccini was sentenced on Sept. 9, 2013, to two years in prison followed by one year of supervised release.  Bacuccini was also ordered to pay $33,431.70 in restitution to the businesses that were victims of his criminal conduct.

This case was investigated by the U.S. Postal Inspection Service and was prosecuted by Assistant U.S. Attorneys Kimberly A. Brawley and Cynthia L. Weisman.