Case Updates: U.S. v. Tuong Ho

United States vs. Tuong Ho

Court Docket Number 20-CR-00056

USAO Number 2018R00760

Superseding Indictment – September 7, 2022

Defendant Ho is charged with the following:

20 Counts Wire Fraud

2 Counts Aggravated Identity Theft

1 Count Possession of Multiple Unauthorized Access Devices

1 Count Unlawful Transfer, Possession or Use of a Means of Identification

2 Counts Money Laundering
 

Click here to see a copy of the Superseding Indictment:

Jury Trial – October 31, 2022

Once Defendant Ho entered the courtroom on the morning of the 31^st and saw the mountain of evidence the government had against him, he decided to plead guilty. 

Guilty Plea – October 31, 2022

Defendant pleads guilty to all 26 counts against him.

Click here to see a copy of the Plea Agreement:

Sentencing – The sentencing hearing for defendant, Tuong Q Ho, has been set for April 25, 2023, 01:00 PM at United States Courthouse, Room 307, 46 E. Ohio Street, Indianapolis, IN before Judge James Sweeney II. You are welcome to attend this proceeding; however, unless you have received a subpoena, your attendance is not required by the Court. If you plan on attending, you may want to verify the date and time by using the VNS Call Center or website. If you are a victim of the charged offense(s) and wish to speak at sentencing, please call our office well in advance of the scheduled hearing date. 

Case Summary: 

It is believed that the defendant, Mr. Ho, used the dark web to purchase lists of thousands of names, addresses, phone numbers, social security numbers and credit card numbers of individual victims in this case.  While we cannot tell you exactly how you were victimized, or even if your Personal Identifying Information (PII) was used to commit fraud, we are notifying you because the defendant had your PII in his possession.  To be clear, just because he had your PII or credit card number doesn’t mean he used it.  However, it may be important to you to check your credit report through one of the three credit bureaus to make sure there wasn’t any fraudulent activity reported.  

The Scheme: 

Mr. Ho listed items for sale on EBAY that he didn’t own.  Once the item was sold, he would then purchase the item from another source using stolen credit card information and have the item sent to the person who bought it off EBAY.  He would then pocket the money the purchaser sent to one of the thousands of PayPal accounts he had set up in other people’s names.  For example: The defendant would list a water bottle for sale on EBAY.  Someone would buy it.  He would then purchase a water bottle online from Dick’s Sporting Goods using a stolen credit card and have it sent directly to the person who bought the water bottle from him off EBAY.  He would then pocket the cash from the person on EBAY to one of the fraudulent PayPal accounts he had set up, leaving the credit card holder out of money.  

Should you have any questions concerning the case, please call 1-844-527-5299.

Crime Victims’ Rights Act – 18 USC § 3771

As a victim in a federal case, you are entitled to certain rights under the Crime Victims Rights Act.  They are as follows:

• The right to be reasonably protected from the accused
• The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused
• The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding
• The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding
• The reasonable right to confer with the attorney for the government in the case
• The right to full and timely restitution as provided in law
• The right to proceedings free from unreasonable delay
• The right to be treated with fairness and with respect for the victim’s dignity and privacy
• The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement
• The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (34 U.S.C. § 20141(c)) and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice. The Victims’ Rights Ombudsman may be contacted at eousa.VictimOmbudsman@usdoj.gov if a victim believes a Department of Justice employee has failed to provide them their rights under the Crime Victims’ Rights Act

January 5, 2024 Update:

The sentencing hearing for defendant Tuong Q. Ho has been set for February 6, 2024, at 1pm at the United States Courthouse, room 307, located at 46 E. Ohio St., Indianapolis, IN 46204 before Judge Sweeney.  You are welcome to attend this proceeding; however, unless you have received a subpoena, your attendance is not required by the Court.  If you plan on attending, you may want to verify the date and time by using the VNS Call Center or website.  If you are a victim of the charged offenses and wish to speak at sentencing, please call our office well in advance of the scheduled hearing date. 

2/6/2023 Update:

Defendant Tuong Q Ho was sentenced by the Court. The Court ordered the defendant to the following:

Incarceration of 8 years, 6 months

Followed by Supervised Release of 3 years

Special Assessment of $2,600.00.