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Justice News

Department of Justice
U.S. Attorney’s Office
Southern District of Florida

FOR IMMEDIATE RELEASE
Friday, October 23, 2015

Former Assistant Band Director Sentenced for Identity Theft Tax Fraud Scheme Involving Former Students and Other Individuals’ Personal Identifying Information

A former assistant band director was sentenced today to 61 months in prison, followed by three years of supervised release, and was ordered to pay restitution in the amount of $129,321 for his participation in an identity theft tax fraud scheme involving former Broward County students and other individuals’ personal identifying information (PII).

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Brian Swain, Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, made the announcement.

Delvis Demaine Rogers, 27, of Hollywood, Florida, previously pled guilty to one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1). As part of his plea agreement, the defendant agreed to pay restitution in the amount of $129,321.

According to court documents, IRS-CI investigators noticed that 419 suspicious tax returns claiming refunds totaling $754,470 were filed from Rogers’ residential address from January 25, 2014 to April 20, 2014.  Based on this information, a search warrant was executed at Rogers’ residence and agents discovered and seized papers, notes, and documents containing thousands of PII (including names, dates of birth, and social security numbers) including PII contained in records of more than a dozen Broward County School District students, some dating back to the late 1990s and others into the late 2000s. Agents also seized numerous printed 2013 tax returns.

Agents interviewed Rogers during the execution of the search warrant and he admitted to having prepared and filed hundreds of fraudulent tax returns without the permission of the people in whose names they were filed.  Rogers further admitted that he electronically submitted the filings from his apartment. Rogers advised that he was employed as the band director at a school in Opa Locka, Florida, and that he previously was the assistant band director at a high school in Plantation, Florida.

Mr. Ferrer commended the investigative efforts of IRS-CI and the USSS.  This case is being prosecuted by Assistant U.S. Attorneys Brooke C. Watson and Daya Nathan.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Topic(s): 
Identity Theft
Updated October 23, 2015