Four Defendants Charged In Connection With Approximately $53 Million Check Fraud Scheme

Jay Clayton, the United States Attorney for the Southern District of New York, and Edward Gallashaw, the Acting Inspector in Charge of the New York Division of the United States Postal Inspection Service (“USPIS”), announced today charges against MICHEAL PENA, HARRINGTON DELAHOZ, JOSHUA GUTIERREZ, and JAYSEN DORSEY.  The defendants are charged with conspiracy to commit bank fraud and wire fraud and aggravated identity theft.  PENA and GUTIERREZ were arrested this morning.  GUTIERREZ will be presented later today before U.S. Magistrate Judge Barbara Moses.  PENA will be presented before U.S. Magistrate Judge Daniel C. Irick in the Middle District of Florida.  DELAHOZ and DORSEY remain at large.   

U.S. Attorney Jay Clayton said: “As alleged, Micheal Pena and his co-defendants orchestrated a massive, multimillion-dollar scheme to steal innocent victims’ money.  The defendants obtained real checks, including from the mail, forged the checks, falsified identities, sold the checks to others, and took advantage of multiple financial institutions.  The defendants’ fraudulent scheme affected real people and the millions of Americans who rely on the United States banking system and the United States mail.” 

USPIS Acting Inspector in Charge Edward Gallashaw said: “These individuals allegedly devised a scheme to steal checks from the U.S. Mail and then, in some cases, sell the personal identifiable information on these stolen checks via an encrypted messaging platform to colluding individuals. They furthered their scheme by altering the payee and amount originally written on these checks, stealing from the unsuspecting public. Let today’s arrest serve as an example for those trying to make quick money while financially preying on the American public, Postal Inspectors will put an end to your criminal enterprise. We will vigorously pursue you and bring you to justice for your illegal acts against our customers and the Postal Service. We are thankful for the United States Attorney’s Office for the Southern District of New York for their dedication on this case.”

According to the allegations contained in the Complaint:^[1]

From at least in or about April 2023 up to and including at least in or about October 2024, PENA, DELAHOZ, GUTIERREZ, and DORSEY carried out a national scheme to sell more than $53 million in stolen checks and fraudulently alter stolen checks that they then deposited at various financial institutions.  As part of that scheme, PENA operated and used a channel on a particular messaging platform, which went by the moniker “White House Vibez” and had thousands of subscribers, to sell checks that had been stolen from the U.S. Postal Service. Below is an image that was posted on White House Vibez on or about February 19, 2024, depicting what appears to be numerous pieces of stolen mail and checks and advertising a forthcoming batch of checks for sale.

Purchasers of checks were directed to send payments to several accounts on a popular mobile payment platform, at least two of which were set up by GUTIERREZ and DELAHOZ using false identification. Along with the stolen checks, purchasers were also sometimes offered personal identifying information of the victim-payors of the stolen checks.  As an example, below is a check posted for sale, and listed as sold, on White House Vibez, along with an offer to sell the social security number and date of birth of the victim-payor.  

Additionally, during this period, PENA, DELAHOZ, GUTIERREZ, and DORSEY deposited hundreds of thousands of dollars in stolen checks at various financial institutions, including checks that had been previously posted for sale on White House Vibez.  Before such checks were deposited, they were “washed,” which is a process by which the payee’s information and amount on the check are removed and rewritten to reflect another payee’s identity and amount. The defendants flaunted their success on White House Vibez, posting images of check deposit receipts and large cash withdrawals.

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PENA, 26, formerly of Woodridge, New Jersey; DELAHOZ, 46, of Bronx, New York; GUTIERREZ, 30, of New York, New York; and DORSEY, 28, of New York, New York, are each charged with conspiracy to commit bank fraud and wire fraud, which carries a maximum sentence of 30 years in prison, and aggravated identity theft, which carries a mandatory minimum sentence of two years in prison.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Clayton praised the outstanding investigative work of the USPIS.

This case is being handled by the Office’s General Crimes Unit.  Assistant U.S. Attorney Varun A. Gumaste is in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.