3, 1 Who Escaped From Prison, Charged With Identity Theft

WORCESTER, MA—Three men were indicted this week in federal court in Boston with aggravated identity theft and false representation of a Social Security number. All three were arrested and charged on July 26 in federal document and benefit fraud sweep.

Jose Lopez Rosado, 54, Worcester; John Doe, whose true identity remains unknown, but who was residing in Lynn; and James Alfred Pena Guerrero, 30, a Dominican national residing in Dorchester, were each indicted on one count of aggravated identity theft and one count of false representation of a Social Security number. All three defendants are currently in custody.

According to court documents, Lopez Rosado escaped from prison in Puerto Rico in 1994 while serving a 40-year sentence for second degree murder. His true identity was discovered during the federal investigation into document and benefit fraud, and he's in state custody.

The indictment alleges that Lopez Rosado falsely represented a number to be the Social Security number assigned to him on an application submitted to the Massachusetts Registry of Motor Vehicles (RMV) when the Social Security number was not his. Submitting a Social Security number of another person on an application is considered identity theft.

John Doe and Pena Guerrero were charged in separate indictments with falsely representing a number to be the Social Security number assigned to them on applications they submitted to the Massachusetts RMV when the Social Security numbers were not theirs; by doing so, they also committed identity theft.

The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. False representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

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