State of Minnesota County of Dakota State of Minnesota, vs. Plaintiff, ALBERTO PEREZ-MARTIN DOB: 01/23/1980 7857 Mount Shasta Cir Las Vegas, NV 89145 Defendant. District Court 1st Judicial District Prosecutor File No. CA-2015-02816 Court File No. 19HA-CR-15-4406 COMPLAINT Order of Detention The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: Identity Theft (Over $35,000 or More Than 8 Direct Victims) Minnesota Statute: 609.527.2, with reference to: 609.527.3(5), 609.52.3(1), 609.05.1 Maximum Sentence: 0-20 Years and/or $30,000.00 - $100,000.00 Offense Level: Felony Offense Date (on or about): 12/21/2015 Control #(ICR#): 15007246 Charge Description: On or about December 21, 2015, in the County of Dakota, Minnesota, ALBERTO PEREZ-MARTIN, did while intentionally aiding, advising, or conspiring with another or others, transfer, possess, or use an identity that is not the person's own, with the intent to commit, aid, or abet any unlawful activity, and the offense involves eight or more direct victims; or the total, combined loss to the direct and indirect victims is more than $35,000; or if the offense is related to possession or distribution of pornographic work in violation of Minn. Stat. section 617.246 or 617.247. 1
STATEMENT OF PROBABLE CAUSE On December 21, 2015, at approximately 3:40 p.m., the Eagan Sam s Club asset protection manager contacted the Eagan Police Department about suspicious activity that was occurring in the Sam s store in Eagan, Dakota County, Minnesota. The manager advised that there was a group of males in the store making repeated purchases of large amounts of gift cards. The manager also advised that a group matching this description had purchased approximately $7,000 in gift cards at the Apple Valley Sam s Club approximately one hour earlier. The suspicious activity included purchasing gift cards at one check out register and then moving to another check out register to purchase additional gift cards. The parties were also making the purchases using numerous different credit cards, and when one card would be declined they would present another card. As officers were responding to the store, the manager informed them that two of the men in the group had purchased approximately $3,500 in gift cards, and provided the officers with a description of the vehicle that the two men had gotten into. Officers arrived and located the vehicle, which was still parked in the lot. As officers were observing the vehicle another male came out of the store and got into the vehicle. The manager advised that this male had purchased additional gift cards totaling over $3,500. In total, this group used 14 different credit cards to purchase over $7,000 worth of gift cards. The vehicle drove out of the Sam s parking lot. Due to the extremely heavy window tint officers were unable to determine how many people were in the vehicle. Officers initiated a traffic stop and the vehicle eventually pulled into a nearby parking lot and came to a stop. The driver of the vehicle was identified as Heredy Gutierrez-Arregui, dob 7/13/1976. The front seat passenger was identified as Giraldo Salas Avila, dob 9/17/1981. The three men in the back seat were identified as Alberto Perez-Martin, dob 1/23/1980, Osvaldo Pilas-Rojas, dob 12/7/1970 and July Antonio Avila, dob 9/17/1981. After the car was stopped, officers observed July Avila was seen reaching underneath the front passenger seat. Officers removed July Avila from the vehicle, noting that he was sitting on a bag of gift cards. Subsequent review of surveillance video reveals the following occurred inside of the store: July Avila entered the store by himself and made three different purchases using Heredy Guttierez-Arregui s Sam s Club membership card. Each purchase was for one $200 Mastercard gift card. July Avila then met the other four men inside the store and gave Guttierrez-Arregui his membership card back. Guttierrez- Arregui and Giraldo Avila then went to other registers where they purchased fourteen $200 gift cards, 2
totaling $2,890. At the same time Pilas-Rojas and Perez-Martin went to various different checkout registers, purchasing eighteen $200 Mastercard gift cards with Pilas-Rojas s Sam s Club membership, for a total of $3,716. Pilas-Rojas then met up with July Avila and handed him his membership card. July Avila then made three more purchases, each one for a $200 Mastercard gift card. All five men were searched. July Avila was in possession of nine Mastercard gift cards and four different credit cards in his name. Pilas-Rojas was in possession of nine Mastercard gift cards and one credit card in his name. Perez-Martin was in possession of ten different credit cards in his name. Giraldo Avila was in possession of one Mastercard gift card. Gutierrez-Arregui was in possession of one Mastercard gift card and twelve credit cards in his name. All of these credit cards with the exception of one found on Perez-Martin were determined to be counterfeit credit cards that had been created using someone else s credit card number but with one of the five men s name s on them. All five men were transported to the Eagan Police Department. After being read a Miranda warning Gutierrez-Aguirre agreed to speak with an investigator. Gutierrez-Aguirre explained that he had received an email offering a work opportunity in Minnesota. Gutierrez stated that he and the four other men came to Minnesota a few days earlier and phoned the Minnesota contact person. This contact person met with them and gave them a key to a motel room, telling them to go there and wait for further instructions.a couple of days later a package was delivered to the hotel room which contained approximately 200 credit cards, approximately 40 cards in each of the five men s names. The men were instructed to use these credit cards to purchase gift cards, which they would split with their employer. Gutierrez-Aguirre admitted that he knew that what they were doing was illegal. A search warrant was executed on the vehicle Guttierrez-Arregui was driving. Inside that vehicle investigators located 126 more counterfeit credit cards. Of those additional 126 credit cards, 36 had Pilas-Rojas s name on them, 30 had Giraldo Avila s name on them, 27 had Gutierrez-Arreguie s name on them, 24 had July Avila s name on them, and nine had Perez-Martin s name on them. Investigators also located a large number of gift cards, as follows: two Olive Garden gift cards, four $50 Mastercard gift cards, twenty-seven $100 Mastercard gift cards, and ninety $200 Mastercard gift cards. The total amount of gift cards was $21,000. All of the counterfeit credit cards possessed by the above five defendants were real credit card accounts belonging to a victim of identity theft. As of the time of this complaint, law enforcement has confirmed 157 different victims. 3
SIGNATURES AND APPROVALS Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. Complainant declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant Steve Bolluyt Electronically Signed: Sergeant 3830 Pilot Knob Rd Eagan, MN 55122 Badge: 64 12/23/2015 11:52 AM Dakota County, Minnesota Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Heather Pipenhagen Assistant Dakota County Attorney 1560 Hwy 55 Hastings, MN 55033-2392 (651) 438-4438 Electronically Signed: 12/23/2015 11:40 AM 4
FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant s arrest or other lawful steps be taken to obtain Defendant s appearance in court, or Defendant s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense(s). SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on, at AM/PM before the above-named court at 1560 W Highway 55 Dakota County Judicial Center, Hastings, MN 55033 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I order, in the name of the State of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law. Execute in MN Only Execute Nationwide Execute in Border States X ORDER OF DETENTION Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $ Conditions of Release: This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer as of the following date: December 23, 2015. Judicial Officer Colleen King Judge of District Court Electronically Signed: 12/23/2015 12:03 PM Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF DAKOTA STATE OF MINNESOTA State of Minnesota Plaintiff vs. Alberto Perez-Martin Defendant LAW ENFORCEMENT OFFICER RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Order of Detention upon the Defendant herein named. Signature of Authorized Service Agent: 5