Former Mount Sinai Medical Center Temporary Employee Convicted In Identity Theft Tax Refund Scheme Involving The Theft Of Patient Information

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael J. De Palma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Steven Steinberg, Chief, Aventura Police Department, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Thomas Caul, Special Agent in Charge, U.S. Social Security Administration, Office of Inspector General (SSA-OIG), announce that defendant Oliver Gayle, 43, of Miami, was convicted in an identity theft tax refund scheme involving the theft of patient information.

Specifically, Oliver Gayle was found guilty of one count of possession of 15 or more unauthorized access devices, that is, debit cards and social security numbers of other persons with corresponding names and dates of birth, in violation of Title 18, United States Code, Sections 1029 (a)(3) and 2; three counts of aggravated identity theft, in violation of Title 18, United States Code, Sections 1028A(a)(1) and 2; and one count of possessing, using and attempting to use a U.S. visa knowing it to be forged, counterfeited altered and falsely made, in violation of Title 18, United States Code, Section 1546 (a).

According to testimony and evidence presented at trial, on February 27, 2013, the Aventura Police Department stopped a vehicle driven by Gayle after being alerted by a U.S. bank of an individual who attempted to cash a fraudulent check. Gayle presented a Jamaican passport as his form of identification. During an inventory search of the vehicle driven by Gayle, officers uncovered a black bag containing over 100 printouts from Mt. Sinai Medical Center Account Inquiry Processor with multiple names, dates of birth, social security numbers, and addresses of patients on each printout. Additionally, photocopies of checks written to Mt. Sinai Medical Center from various individuals with a photocopy of the corresponding billing statement from Mt. Sinai were found in the bag.

According to court documents and trial testimony, during a consensual search of Gayle's residence, law enforcement found multiple printouts from Mt. Sinai Medical Center that appeared similar to the ones found in his black bag. Law enforcement also found copies of U.S. Treasury checks; a document labeled “HIT LIST” with a list of names, Social Security numbers and dates of birth; several tax returns in the names of other individuals; multiple Tax Act and Turbo Tax pre-paid debit cards issued in the names of other individuals; a Jamaican passport in Gayle's name containing a counterfeit U.S. visa; and, an identification badge for Mt. Sinai Medical Center with Gayle’s name and photo.

Sentencing is scheduled for January 9, 2014 at 10:00 a.m. before U.S. District Judge Donald L. Graham. At sentencing, Gayle faces up to 10 years in prison on the access device fraud count, to be served consecutively by two years in prison for each count of aggravated identity theft, and a maximum of 10 years in prison on the fraud and misuse of visas, permits and other documents count.

Mr. Ferrer commended the investigative efforts of the Identity Theft Tax Refund Strike Force, with special commendation to the IRS-CI, Aventura Police Department, ICE-HSI and SSA-OIG. The case is being prosecuted by Assistant U.S. Attorneys Elina A. Rubin-Smith and Michael J. Garofola.

A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.