Rochester Woman Charged with Stolen Identity and Refund Fraud Crimes

        ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kelly N. Borger, 31, of Rochester, N.Y. and West Hollywood, California, was charged by criminal complaint with conspiracy to submit false claims, wire fraud, and aggravated identity theft. The charges carry a maximum sentence of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Borger conspired with Michael Carney to prepare and file false income tax returns. The defendant sold Carney stolen personal identity information – including names and social security numbers – that Carney used to create fake W-2s and false income tax returns totaling over $500,000. Carney then paid the defendant for the stolen identity information with a portion of the fraudulently obtained refunds by depositing money into bank accounts that Borger controlled, including the bank account of her business, Alpha Females, Inc.

Michael Carney was convicted in California for his role in the crimes.

Borger made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson. The defendant was released on bail and is due back in court on January 9, 2014 at 9:00 a.m.

The criminal complaint is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni M. Weirauch, Special Agent in Charge.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.