AFFIDAVIT OF PROBABLE CAUSE

Transcription

1 AFFIDAVIT OF PROBABLE CAUSE A. Your Affiant, Joshua M. Tison, is a Special Agent with the Pennsylvania Office of Attorney General; Bureau of Criminal Investigations. Your Affiant has a combined fourteen (14) years experience in law enforcement as a Police Officer and Special Agent. B. This investigation was initiated by the Office of Attorney General predicated upon information received alleging that the physical address of 7019 Vista Terrace, Tobyhanna, PA 18466, which is also known as Lot 62, Section G (G- 62) of A Pocono Country Place, a private gated community located within Coolbaugh Township, Monroe County, is being used by seven subjects to fraudulently obtain Pennsylvania Drivers Licenses and Pennsylvania Vehicle Registrations in order to facilitate Insurance Fraud. In addition, it is alleged that four subjects are directly involved in the operation of an illegal school bus service in the Brooklyn, New York area utilizing vehicles titled, tagged and insured in Pennsylvania as non-commercial passenger vehicles. It is alleged that the following subjects are actually residents of New York State, and have conspired to utilize a Pennsylvania address in order to facilitate an Insurance Fraud scheme: 1. Benito Berrios, Sr. of 1594 E. 58 th Street, Apt. #2, Brooklyn, NY (347) Maria Hernandez of 1594 E. 58 th Street, Apt. #2, Brooklyn, NY (917) Deana Marie Berrios of 92 Bay 25 th Street, Brooklyn, NY (718) Benito Berrios, Jr. of th Street, Brooklyn, NY (347) Donna Berrios of 1270 E. 73 rd Street, 1 st Floor, Brooklyn, NY (347) Melissa Christine Berrios L.K.A. of 5311 Avenue K, Brooklyn, NY (347) Aka: Melissa Garces and Melissa Velazquez C. Your Affiant conducted a database check of PennDOT records and determined that the following people have all obtained Pennsylvania Drivers Licenses declaring the above listed Tobyhanna, Monroe County address to be their home, and that they are Pennsylvania residents: Table #1 Benito Berrios, Jr. DOB: 01/17/1968 Applied for PA License on: 9/10/2003 Signed CDL License Address Update form declaring Tobyhanna Address on: May 3 rd, 2005 Melissa Berrios DOB: 10/24/1976 Applied for PA License on: May 21 st, 2005 Deanna Berrios DOB: 08/17/1971 Applied for PA License on: July 30 th, 2005 Maria Hernandez DOB: 02/15/1951 Applied for PA License on: April 18 th, 2006 Donna Berrios DOB: 08/28/1982 Applied for PA License on: January 20 th, 2007 AOPC 412C-11/24/99 4

2 A further check of the PennDOT database has shown that all of the following fourteen (14) vehicles are currently listed as being registered to the provided address in Tobyhanna, Monroe County: TABLE # 2 PA Plate # VIN # of Vehicle Date of Application for PA Title and / or Registration Benito Berrios, Jr Mitsubishi Galant BIGPOP1 4A3AA46L7YE March 17 th, Olds Bravada GABY613 1GHDT13W2T April 12 th, Ford Mustang BBLUVR 1FAFP42X0YF August 24 th, Chevy Malibu GWR G1ND52J6Y December 8 th, 2007 Melissa Berrios 1998 Mitsubishi Eclipse GBZ A3AK44Y8WE March 31 st, Kia Sedona GKM-6613 KNDUP August 5 th, 2006 Deana Berrios 1997 Ford E350 Club Wagon GJW FBJS31L7VHB38348 March 30 th, Ford E350 Club Wagon GNL FBJS31S0VHB59873 November 11 th, 2006* 2005 Toyota Rav 4 GCY-4168 JTEGD20V July 30 th, 2005 Maria Hernandez 1998 Ford E350 Club Wagon GJJ FBSS31S8WHA55914 December 29 th, Ford E350 Econoline Van GRE FBSS31L2XHA11515 July 23 rd, Chevrolet Blazer GJJ GNCT18W6S June 7 th, 2007 Donna Berrios 1998 Dodge Neon GTX B3ES47C0WD August 16 th, Honda Pilot GRZ FNYF18437B April 18 th, 2007 * As of 12/14/2007 -Title was transferred from Deana Berrios to Maria Hernandez via PennDOT application. Your Affiant also learned from PennDOT records that since 2005 the listed subjects have titled and registered numerous other vehicles to the Tobyhanna address, but a number of them have expired and/or been transferred. The list presented in Table #2 is an indicator of the most recent vehicles that have been titled and registered to the listed Tobyhanna address. D. Your Affiant learned from the New York Department of Transportation that on December 19 th, 2007 Field Investigators in New York took enforcement action when they observed the 1997 Ford Van with VIN# 1FBJS31S0VHB59873, and bearing a Pennsylvania Registration Plate, transporting school children in Brooklyn. This van, as described in the Table #2 above, is registered in Pennsylvania to Deana Berrios; however, the van was displaying Pennsylvania License Plate # GJJ-9623 at the time of enforcement by New York officials. The listed PA license plate is registered to Maria Hernandez. As a result of their investigation, New York authorities cited Deana Berrios and Maria Hernandez with several violations of New York law all related to operating an illegal school bus operation in the Brooklyn area. AOPC 412C-11/24/99 5

3 E. On January 16 th, 2008 Your Affiant learned from video and coverage obtained by FOX NEWS 5 in New York City that Benito Berrios, Sr. was filmed driving school students to and from the David A. Boody Intermediate School 228 for Magnet Studies, located in Brooklyn, NY. The video, and information provided, detailed that two vans were regularly used to transport school students. These vans were identified by Your Affiant as being registered to Deana Berrios (PA#GNL-0951) and Maria Hernandez (PA# GRE-8549), and were titled, registered and insured in Pennsylvania as personal use, non-commercial, vehicles to be garaged at the listed Tobyhanna, Monroe County address with the Brethren Mutual Insurance Company and Geico Insurance, respectively. Information located on public databases support that Benito Berrios, Sr. and Maria Hernandez reside at 1594 E. 58 th Street, Apt. #2, Brooklyn, NY F. Your Affiant and Special Agent Clinton Wagner have visited the listed Tobyhanna Address on three separate occasions throughout December of 2007 and January of 2008, and found the home to be unoccupied. Your Affiant also noted that the driveway to the small residential dwelling is large enough only to accommodate two or three vehicles, and that during each visit there were no vehicles on scene or parked on the roadway near the home. On January 14 th, 2008 Your Affiant, via a search warrant, obtained records from the Association / Management of A Pocono Country Place which is the residential community where the described address is located. A Pocono Country Place is a gated community of almost 5,000 homes located in Coolbaugh Township, Monroe County. There is only one access point where vehicles can enter the community to reach the listed address, and this area is controlled by gated traffic ways and security. Your Affiant learned from the Director of Public Safety that homeowners and residents are issued electronic gate passes for each vehicle they register with the association so that they may enter the property and reach their homes. The private neighborhood maintains a large Association which governs the by-laws and regulations of the community. A search of Association records since January 1 st, 2005 revealed that Benito Berrios, Jr. is the deeded homeowner of the listed property, and only has two vehicles registered with the Association. In addition, forms completed by Berrios listed that only he and his fiancée, Kristine Giltenan, are approved to be on property. Further, the Association provides photo ID cards to homeowners so that they may access community amenities (i.e. swimming pool, lake, etc.). A search of these photo ID cards revealed that only Benito Berrios, Jr. and two minor children have been issued cards to access property amenities. Corporal Zwally, of the Pocono Country Place Department of Public Safety, informed Your Affiant that he has responded to a call for service at the listed property and spoken with Benito Berrios, Jr., and believes him to utilize the Tobyhanna home primarily on weekends. Your Affiant also obtained gate entry records for the two electronic gate passes issued to Benito Berrios, Jr., and reviewed data back to October of The records show that the property is primarily accessed on weekends and around holidays. Except for Benito Berrios, Jr. and Kristine Giltenan, no other listed subject of this affidavit has established themselves as a resident or tenant of the listed address with A Pocono Country Place as required by the community By-laws and regulations. AOPC 412C-11/24/99 6

4 G. On December 20 th, 2007 Your Affiant also spoke with Christine Scheller and Eric Hoffman, licensed insurance producers with the Hoffman Agency, Inc. located on Route 209, Brodheadsville, Monroe County. Scheller and Hoffman provided Your Affiant with insurance documentation showing that all of the listed subjects above have obtained auto insurance using the listed Tobyhanna address. In addition, Scheller stated that both Deana Berrios and Benito Berrios, Jr. had just applied for new auto insurance policies in the few days prior to December 20 th, Scheller also detailed that Benito Berrios, Sr. had come into her office in person with Maria Hernandez and Deana Berrios when they applied for the auto insurance policies. According to Scheller, Benito Berrios, Sr. identified himself as the husband of Hernandez, and has been the primary point of contact for numerous auto policy changes that have occurred since the coverage inception in June of 2006 with the Brethren Mutual Insurance Company. While applying for auto insurance in December of 2007, Deana Berrios alleged that she lived with her parents, Benito Berrios, Sr. and Maria Hernandez at their home; claiming the listed address in Tobyhanna, PA. She also stated that she is a bank manager in New York City, but uses the train to travel daily to work; however, in paying for her premium she presented a personal draft check showing a home address of 92 Bay 25 th Street Brooklyn, New York A search of New York Department of Transportation records shows that Deana Berrios, in addition to having the listed Pennsylvania Drivers License, holds a valid and current Drivers License in the State of New York. Her home address on her current New York License is also listed as 92 Bay 25 th Street Brooklyn, New York Your Affiant also learned from Scheller that when Benito Berrios, Jr., the actual homeowner of the listed Tobyhanna address, applied for a new auto insurance policy he also stated that he worked in New York City. Berrios, Jr. stated that he maintained another home at th Street, Brooklyn, NY Information obtained from the New York Department of Motor Vehicles shows that Berriros, Jr. just received a New York Photo ID card in September of 2007 listing his home address as th Street, Brooklyn, NY In addition, Scheller recalled that Berrios, Jr. made a statement that he was aware that members of his family list the Tobyhanna house as their home address. H. Your Affiant contacted Brethren Mutual Insurance, Geico Insurance Company, Allstate Insurance and Progressive Insurance regarding various auto policies assigned to the listed subjects. Each company reported that any policy written for the listed subjects were all rated and insured based upon a provided home address of 7019 Vista Terrace, Tobyhanna, PA on vehicles listed for personal, non-commercial use garaged primarily in Pennsylvania. Your Affiant learned the following Insurance data: TABLE # 3 Named Insured Insurance Company Dates of Coverage or Date of insurance Application Benito Berrios, Jr. Geico January 13 th, 2003 to January 2008 Maria Hernandez Brethren Mutual Application filed: 06/29/2006 Deana Berrios Brethren Mutual Application filed: 12/15/2007 Melissa Berrios Allstate May 2006 through Present Donna Berrios Progressive March 20 th, 2007 through September 20 th 2007 Donna Berrios Allied Insurance September 20 th, 2007 through Present AOPC 412C-11/24/99 7

5 I. Your Affiant knows, based upon training, experience and knowledge, that the listed primary garage location for a vehicle, and the expected use of the vehicle, are two of the factors which insurance companies utilize to calculate auto premium rates. In the instant case, Your Affiant has learned from representatives from each of the listed insurance companies that insurance premiums are substantially higher for insureds in the Brooklyn, New York area in comparison to those insured living in Monroe County, Pennsylvania. Your Affiant has documented that the named defendants have taken the step of fraudulently obtaining Pennsylvania Drivers Licenses, followed by the additional step of fraudulently titling and registering their vehicles in Pennsylvania, in order to commit a larger Insurance Fraud scheme of obtaining lower insurance premiums to which they are not entitled. The volume of vehicles fraudulently insured within Pennsylvania would constitute a theft of premium in excess of $2, J. Based upon the listed facts and circumstances, Your Affiant, respectfully requests the issuance of an arrest warrant for the defendant for the listed offenses of the Pennsylvania Crimes Code. AOPC 412C-11/24/99 8