2002-12-18 -- Benye, Frank and Vivian Wells -- Indictment -- News Release

Brother and Sister Charged with Identity Theft

NEWARK - A brother and sister were charged in an Indictment today with identity theft, U.S. Attorney Christopher J. Christie announced.

The 17-count Indictment alleges an assortment of offenses involving the theft by Vivian Wells of identity information, including names and social security numbers, from her places of employment since 2000. Her brother Frank Benye is accused of using those identities and others to create drivers licenses, obtain credit cards and open a bank account.

Benye, 24, of East Orange, is charged in all 17 counts of the Indictment; Wells, 22, of Elizabeth, is charged in 10 counts. Wells is expected to be arraigned on the Indictment within the next two weeks; Benye remains in custody on a criminal complaint filed against him in June.

Among the allegations:

• Wells took temporary positions of employment with various New Jersey companies and with the City of East Orange, from which she improperly gained access to, and stole, identity information concerning a number of individuals.

• Benye, using the information stolen by his sister and other information, created numerous drivers licenses and then applied for credit cards in the names of these individuals without their knowledge. He ran up charged in excess of $111,000 on those cards. Benye also opened a Fleet Bank account in the name of a stolen identity.

• Benye also allegedly falsified an application for permanent resident status by submitted a false affidavit of support.

"Identity theft is a major concern in New Jersey and throughout the country," said Christie. "It can do considerable harm to victims, temporarily damaging credit worthiness and taking considerable time and effort to untangle."

Benye and Wells are charged in Count One with conspiring to produce and possess false identification documents and unauthorized access devices, a count which carries a maximum penalty of five years in prison and a $250,000 fine.

Benye and Wells are charged in Count Two through Count Six with the production of false identification documents; each of these counts carries a maximum penalty of 15 years in prison and a $250,000 fine.

Both defendants are charged in Count Seven with possessing a document-making implement; that count carries a maximum penalty of 15 years in prison and a $250,000 fine.

Benye and Wells are charged in Counts Eight and Nine with using unauthorized access devices during a one-year period and thereby obtaining things of value aggregating $1,000 or more; those counts each carry a maximum penalty of 10 years in prison and a $250,000 fine. Benye and Wells are charged in Count 10 with possessing 15 or more unauthorized access devices; that count carries a maximum penalty of 10 years in prison and a $250,000 fine.

Benye is charged in Count 11 with bank fraud, which carries a maximum penalty of 30 years in prison and a $1 million fine. Benye is charged in Count 11 through Count 16 with the fraudulent use of others' social security numbers; each of those counts carry a maximum penalty of five years in prison and a $250,000 fine.

Benye is charged in Count 17 with making a false statement to the INS in connection with the registry of an alien; that count carries a maximum penalty of five years in prison and a $250,000 fine.

Despite Indictment, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt, following a trial at which the defendant has all the trial rights guaranteed by the U.S. Constitution and federal law.

Christie credited Special Agents of the Treasury Inspector General for Tax Administration, for their work in developing the case.

The Government is represented by Assistant U.S. Attorney Alain Leibman.

Defense Attorney for Frank Benye: Evelyn Garcia, Esq., Elizabeth

Defense Attorney for Vivian Wells: Michael Calabro, Esq., Newark