Las Vegas Resident Pleads Guilty to Conspiracy to Commit Access Device Fraud

PITTSBURGH, PA - A resident of Las Vegas, Nevada, pleaded guilty in federal court to a charge of conspiracy to commit access device fraud, United States Attorney Eric G. Olshan announced today.

Hector Ofelio Podio Gutierrez, age 30, pleaded guilty to one count before United States District Judge Cathy Bissoon.

In connection with the guilty plea, the court was advised that Podio Gutierrez used counterfeit credit cards encoded with stolen bank account information to purchase MasterCard gift cards at Sam’s Club stores in the Pittsburgh area, as well as in Florida and California. During the month of December 2017, Podio Gutierrez and his codefendant, Yoandy Pou Torres, using an encoding device, created counterfeit credit cards, and then used the cards to make fraudulent gift card purchases totaling more than $382,000 at various Sam’s Club locations, approximately $170,000 of which were purchases conducted at Pittsburgh area stores.

Judge Bissoon scheduled sentencing for November 1, 2023, at 1:30 p.m. The law provides for a total sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Podio Gutierrez remains on bond pending sentencing.

Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.

The United States Postal Inspection Service and the United States Secret Service conducted the investigation that led to the prosecution of Podio Gutierrez.