Former Assistant Band Director Charged in Identity Theft Tax Fraud Scheme Involving Former Broward County Students and Other Individuals’ Personal Identifying Information

A former assistant band director was charged for his participation in an identity theft tax fraud scheme involving former Broward County students and other individuals’ personal identifying information (PII).

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Paula Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, made the announcement.

Delvis Demaine Rogers, 27, of Hollywood, Florida, was charged by indictment with one count of using one or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(2), one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and four counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).  The defendant faces a maximum statutory sentence of ten years in prison for each of the unauthorized access charges, and a mandatory term of two years in prison, consecutive to any other term of imprisonment, for the aggravated identity theft charge(s).

According to the criminal complaint filed on March 11, 2015, IRS-CI investigators noticed that 419 suspicious tax returns claiming refunds totaling $754,470 were filed from Rogers’ residential address from January 25, 2014 to April 20, 2014.  Based on this information, a search warrant was executed at Rogers’ residence and agents discovered and seized papers, notes, and documents containing thousands of PII (including names, dates of birth, and social security numbers) including PII contained in records of more than a dozen Broward County School District students, some dating back to the late 1990s and others into the late 2000s. Agents also seized numerous printed 2013 tax returns.

Agents interviewed Rogers during the execution of the search warrant and he admitted to having prepared and filed hundreds of fraudulent tax returns without the permission of the people in whose names they were filed.  Rogers further admitted that he electronically submitted the filings from his apartment. Rogers advised that he was employed as the band director at a school in Opa Locka, Florida, and that he previously was the assistant band director at a high school in Plantation, Florida.

Rogers pled not guilty at his arraignment today before United States Magistrate Judge Patrick M. Hunt.

Mr. Ferrer commended the investigative efforts of IRS-CI and the USSS.  This case is being prosecuted by Assistant U.S. Attorneys Brooke C. Watson and Daya Nathan.

An indictment is only an accusation and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.