AO9E Criminal Complaint 2 3 UNITED STATES DISTRICT COURT u-gwgmi for the Western District of North Carolina United States of America v. Jose Salvador Lantigua Case No. i?iv i CRIMINAL I, the complainant in this case, state that the following is true to the best of my knowledge and belief. On or about the date(s) of November 18, 2014 in the county of Buncombe in the Western District of North Carotina the defendant(s) violated: Code Section I Offense Description 18 1542 False statement in a passport application. This criminal complaint is based on these facts: see attached affidavit Continued on the attached sheet. - Agent, US. Dept. of State Primed Haiti-?3 and rifle Sworn to before me and signed in my presence. t, Date: mm . gadgets sigma-{Hie City and state: Asheville, NC Hon. Dennis'L. 'HoWell, -, Printed :?iame'ioud. tili?e i 5 HR Case Document 1 Filed 03/23/15 Page 1 of 12 a, MAR 2 3. 2015 AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT WET W. ?31511 OF I, Jeffrey Kraus, having been duly sworn, hereby depose and state as follows; 1. I am employed as a Special Agent of the United States Department of State, Diplomatic Security Service (D88) and have been employed in this capacity for ten years. My duties include, but are not limited to investigating U.S. passport and visa fraud, as well as other related crimes involving fraudulent documents. I am 51 graduate of the Criminal Investigator Training Program at the Federal Law- Enforcement Training Center in Brunswick, Georgia and the Basic Special Agent Course at the Diplomatic Security Training Center in Dunn Loring, Virginia. The information contained in this affidavit is based upon your Affiant?s personal knowledge in addition to information provided to your Affiant by other law enforcement and U.S. Department of.State officials. This affidavit does not contain every material fact that IE have learned during~ the course :af no information known to this investigation; however, that would tend to negate probable cause has been withheld from this affidavit. This statement of facts is made in support of a criminal (DOB: complaint' against Jose Salvador Lantigua for violations of Title 18, United States Code, Sections 1542 (false statement in a passport Iapplication); 1001 (fraud and false statements); 1028A (aggravated identity theft); and Title 42, United States Code,_Section 408 (willfully, knowingly, and with intent to deceive, uses a social security account number). 1 Case Document 1 Filed 03/23/15 Page 2 of 12 at. mus? Your affiant submits there is pmobable cause to relieve that Jose Salvador Lantigua stole or otherwise fraudulently obtained the identity of Ernest Allen Wills, and on 11/18/2014 used that stolen identity in an attempt to obtain a fraudulent passport in the name of that stolen identity. On 09/30/2014, an individual identifying himself as Ernest Allen Wills, who was later determined to be Jose Salvador Lantigua, and. hereinafter? referred tx; as the IDefendant, entered the North Carolina (NC) Division of Motor Vehicles office 'located. at 50 Commerce Street in Brevard, and applied for ex NC driver?s license. In his application, the Defendant presented the DMV license examiner 21 New' York (NY) driver's license, number 508923129, in the name of Ernest Allen Wills and a State ZDepartment. of Health. birth. certificate in ?the name of Ernest Allen Wills. The Defendant was issued a NC driver license, number 36191917,' in the :name of. Ernest Allen Wills, on 09/30/2014. On 11/18/2014, the Defendant executed an application for a U.S. paSSport, number 329739707, rinside the Asheville Biltmore Post Office located at 780 Hendersonville Road, Suite 7, Asheville, NC. I Executing the application required the Defendant to sign the application in front of the U.S. Postal Service passport acceptance clerk at the Asheville Biltmore Post Office} As proof of identity, the Defendant preSented the NC driver?s license, number 36191917, issued on 09/30/2014, in the name of Ernest Allen Wills. In support of his claim to U.S. citizenship, the Defendant presented a.l?f State Department (n3 Health' birth certificate, issued by the City of Buffalo, in the . -2- Case Document 1 Filed 03/23/15 Page 3 of 12 name of Ernest Allen Wills. The Defendant also listed on the application for 51 U.S. passport the Social Security Number As a result of routine processing, the U.S. Department of State?s Charleston PaSSport Center discovered. that a second individual had 'utilized the Ernest Allen Wills identity to apply for a U.S. passport on 09/10/1999. On 09/20/1999, U.S. passport number 112127389 was issued_in the name of Ernest Allen Wills. Additional processing by the Charleston. PaSSport Center determined that although the name, date?of?birth, and Social Security Numbers were identical on the 1999 and 2014 passport applications,- there were multiple discrepancies between the two applications, to include: the place?of?birth, passport photographs, handwriting, signature, parental information, height, hair color, occupation, and driver?s license? number. Furthermore, the passport center noted that the Defendant stated. in his 2014 U.S. passport application that he had never_ applied for or been iSsued a 0.8. passport book or passport card. . Commercial database queries by the Charleston Passport Center revealed that Ernest Allen Wills still resides at the permanent address listed on the 1999 passport application, which is in the state of New York. However, the permanent address listed on the 2014 .passport- application. is only' listed. within the driver?s license section of a commercial database report. These commercial database queries completed by the Charleston Passport Center also revealed that the mother?s Social Security Number, listed on the birth 3 - Case Document 1 Filed 03/23/15 Page 4 of 12 10. 'On 11/18/2014, certificate presented as proof of' the Defendant?s U.S. citizenship for the U.S. passport application he executed was in fact issued to Elizabeth Connelly, DOB: and not Elizabeth Wills as indicated on the birth certificate. The passport center also noticed that Elizabeth Connelly?s date?of?birth was different than the date?of?birth. the Defendant listed for his mother, Elizabeth Miller, on the 2014 passport application he had executed. Further commercial database queries related to this birth certificate revealed a dateaof~birth for the birth attendant listed on the birth certificate. This makes it impossible for? her? to ihave been an attendant for a 1951 birth. The Charleston Passport Center obtained confirmation from the NY State Department of Health Vital Statistics that the NY State Department of Health birth certificate, presented as proof of the Defendant's U.S. citizenship for the U.S. passport application he executed on 11/18/2014, was not a valid birth certificate. The NY State Department (IE Health Vital Statistics explained their a based discrepancy between the determination was county birth listed (n1 the certificate, Suffolk, and the listed location of the Registrar of Vital Statistics, City" of Buffaltx Additionally, they' reported. that the listed registration number on the birth certificate, 253, is :not ill agreement. with. the 1date filed. Registration number 253 would indicate a filing date of September, and not January as listed on the certificate. The Charleston Passport Center also utilized facial recognition software to search a U.S. Department of State database for ?1 matCh_tx) the individual depicted-:U1 the . 4 Case Document 1 Filed 03/23/15 Page 5 of 12 ll. l2. 13. 14. photograph_ submitted along with the U.S. passport application inns Defendant executed CH1 11/18/2014. This search returned a match to an individual depicted in the photograph attached to U.S. passport, number 432939662, in the name of Jose Salvador Lantigua, DOB: Internet searches conducted by- the Charleston Passport Center revealed numerous internet news articles indicating that Jose Salvador Lantigua had allegedly faked his own death on 04/17/2013 in Venezuela, and that Daphne Simpson was his wife. The passport center noted that Daphne Simpson was listed as the emergency contact on the Ernest Allen Wills passport application the Defendant executed in 2014. Daphne Simpson owned a home located at 153 Fox Den Rd., Sapphire, NC, which is in Jackson County, and within the ?Western ZDistrict. of North. Carolina? Simpson later quit?claimed the deed to an LLC on October 6, 2014 for $10. At the 'conclusion of. their routine processing, the 'Charleston Passport Agency forwarded their findings to DSS for further investigation and action. The USS investigation initially focused on the discrepancies that were noted by the Charleston Passport Center the 1999 and 2014 0.8. between_ passport applications executed in the name of Ernest Allen Wills. Regarding the place?of?birth, the 1999 application listed Edenton, NC and the 2014 passport application listed NY. Wheatley Heights, During a commercial database query utilizing Ernest Allen Wills biographical data, a report was returned indicating Ernest Allen Wills? Social 5 Case Document 1 Filed 03/23/15 Page 6 of 12 15. 16. was issued. in between Sechrity' Number, 1965 and 1966. The photograph attached to the 1999 application depicts an African American ?male, while the photo submitted. along with the 2014 paSSport application is of a white male. license DSS NY driver?s photograph from the NY DMV, his NC driver?s license photo obtained Ernest Allen Wills? from the IR: DMV, and 51 2002 photograph of Emnest Allen Wills from his former employer, the ULS. Postal Service. The NY driver?s license photo, U.S. Postal Service photograph, and the photo attached to the 1999 U.S. passport application appear to be of the same individual (an African American); however, the driver?s license photograph. is of a :different individual and. appears to match the person depicted in the photo submitted with the 2014 U.S. passport application. I Additionally, the individual depicted in the photographs attached to the NC driver?s license and.2014 passport application appear to be of the same jperscwi portrayed. in the jphoto that ?was submitted' with. U.S. passport, number 432939662, in the name of Jose Salvador Lantigua. The 1999 and 2014 U.S. passport applications _were Iboth primarily completed by individuals who utilized block letters. -There appears to be dissimilarities between both applications in the way many of the letters and numbers were formed, indicating that a different person completed Additionally, there appears to each passport application. be some similarities in the way the letters and numbers were formed (n1 the 2014 application and 51 U.S. passport applicatitwl executed (n1 04/05/1996, in tire name (of Jose Salvador Lantigua. . 6 Case Document 1 Filed 03/23/15 Page 7 of 12 1'7. 18. 19. The signatures on the 1999- and 2014 U.S. passport applications are significantly different; Ihowever, the signature on the 2014 application is somewhat similar to the signature captured in; the NC Inn; when time Defendant applied for a NC driver?s license in Ernest Allen Wills? name on 09/30/2014. Although. the father?s :name listed (hi the 1999 and. 2014 0.8. passport applications match, the listed dates?of~ birth for the fathers are significantly different. Both the mother?s names and their dates?of?birth listed on the for applications are different. The placewof?birth listed both parents on the 1999 passport application is NC, and the 2014 application lists NY am; the place~of?birth for both parents. The father?s name and date?of?birth on the 2014 U.S. passport application. and fraudulent NY State Department Health k?a??i certificate watch. Although the mother?s date?of-birth listed on the 2014 passport application and fraudulent NY State Department of Health birth certificate match, the mothers? last name listed on each document does not. The listed height, hair color, occupation, and Chiver?s license numbers are different on the i999 and 2014 U.S. passport applications. There is an eight?inch difference in._listed heights, with. the height listed. on. the 2014 application matching the height contained within the 2014 NC DMV record for Ernest Allen Wills, and within one?inch of the height listed on Jose Salvador Lantigua?s 1996 and 2007 U.S. passport applications. The listed hair color on Ernest Allen Wills? 1999 application is black, While the hair color listed. on. Ernest .Allen. Will?s 2014 passport -7- Case Document 1 Filed 03/23/15 Page 8 of 12 20. 21. application 'and Jose Salvador_ Lantigua?s 1996 and 2007 0.8. passport applications is brown. The occupation listed on Ernest Allen Wills? 1999 paSSport application is ?postal clerk,? while ?freelance writer" was listed as the occupation and employer on the 2014 application. Ernest a position he Allen Wills? employment as a postal clerk, retired from in 200'?r was Confirmed by' the U.S. Post Office. The 1999 passport application lists NY driver?s license number 508923129, and NC driver?s license number_ 36191917 (n1 passport application. Ernest Allen Wills? NY driver?s license was confirmed with the NY to Ibe no longer "valid, having' been. surrendered. on 09/30/2014. The NC driver?s license in Ernest Allen Wills? name was confirmed active Ernest .Allen license. The NC DMV also confirmed that Wills? first NC driver?s license was issued on 09/30/2014, a date that is less than two months before the Defendant executed a 0.8. passport application in the name of Ernest Allen Wills. I The Affiant was adviSed that the Defendant is a Subject in an ongoing and active insurance fraud investigation being conducted by state and federal authorities in the Middle it is alleged that the District of Florida. in brief, Defendant faked. his own. death. in. order to .fraudulently obtain life insurance money. I Prior to his alleged death, Jose Salvador Lantigua owned a 2012 black Jeep Wrangler Rubicon, VIN registered in the State of ZFlorida. with. a :registration Joseph Gabriel expired on 03/18/2013. His titled it in the State of Florida on 03/13/2013, that son, Lantigua, .with a registration plate of -3- - Case Document 1 Filed 03/23/15 Page 9 of 12 22. 23. 24. 25. 'black On 3/20/2015, at approximately 11:10 DSS personnel on foot conducting surveillance of the intersection of Fox Den Road and Fox Run Ridge Road in Sapphire, NC observed what appeared to be a newer model four?door Jeep Wrangler traveling down Fox Run Ridge Road from Tower Road towards Fox Den Road. The Jeep turned left onto Fox Den Road towards 153 Fox Den Road. On 03/21/2015, DSS personnel at approximately 9:15 on foot conducting surveillance of the intersection of Fox Den Road and Fox Run Ridge Road in Sapphire, NC observed a foueroor Jeep Wrangler Rubicon bearing Florida license plates coming from the direction Of 153 Fox Den Road. The Road and traveling towards Fox Run Ridge vehicle turned right onto Fox Run Ridge Road towards Tower Road. Other D88 and North Carolina State Bureau of Investigation personnel continued surveillance of the Jeep Wrangler ?via ?vehicle, and. observed that the black: Jeep bore Florida vehicle registration DSS personnel also observed that the Jeep was being driven by a male subject, who had a beard, and had a front right passenger who appeared to be.a female. At approximately 9:55 a special agent with the North Carolina State Bureau of Investigation observed the black Jeep, bearing_Florida registration pull into the parking lot of a business located at 1653 Rosman Highway in Brevard, NC. ibis agent also made a pmeitive visual identification of the Defendant exiting from the driver?s side of the Jeep Wrangler and walk toward a second Jeep that parked. Upon. entering the parking lot, DSS agents observed. the Defendant standing at the driver?s side of an older model, black Jeep with the door open. The agents approached the . . 9 Case Document 1 Filed 03/23/15 Page 10 of 12 26. Defendant, identified themselves as Special agents with the Department of State, and addressed the Defendant as Jose Lantigua. The Defendant said ?yes sir" in reSponse to being addressed by the agents, and was then advised that he was under arrest. During a search incident to arrest, agents discovered that the Defendant had a poorly dyed beard and was wearing a kmown toupee. In addition to removing the hair piece, DSS agents located a wallet in (NEE of the Defendant?s front pants pocket. This wallet contained multiple cards and forms of identification in the name of Ernest Wills that were seized an; evidence, along m?th t?ua Defendant?s cellular telephone and a cashier?s check that was made out to Ernest Wills. I The Defendant waived his Miranda Rights and upon signing the waiver form stated, ?It?s been 51 long time since I signed my true name.? During the subsequent interview, Defendant shown a copy of U38. passport number 329739707, the- was application, which was executed in the name of Ernest Allen Wills on 11/18/2014. The Defendant confirmed that the passport application was filled out in the the that photograph attached to his handwriting, application was of him, and that he signed Ernest Wills? harm: within. the .Applicant?s Legal. Signature Zbox. located near the bottom of the passport application. Defendant In support of the U.S. application, the also confirmed that he submitted the birth certificate in the the NC pasSport Ernest Allen Wills? identity, and presented driver?s license, number 36191917, in the name of_Ernest The Defendant claimed that the Ernest Allen that Allen Wills. Wills identity was created for him by someone else, he did not know Ernest Allen Wills existed, and that he -10- Case Document 1 Filed 03/23/15 Page 11 of 12 27. could not use his true name because he was supposed to be deceased. Based upon the above information, your Affiant has- probable cause to believe ;that the Defendant, Jose Salvador Lantigua has violated ?Fitle '18, United. States Sections 1542 1001 Code, (passport application fraud); 1028A (aggravated identity (willfully, (fraud and false statements); theft); and Title 42, Section 408 knowingly, and with intent to deceive, uses a social security account number) in that, to wit: the Defendant did knowingly make false statements in his passport application that he applied for in Asheville, the Defendant did knowingly and willfully supply a social security number belonging to another individual in support of that application;' and that the Defendant did, knowing the passport application to be false, willfully sign and swear to the veracity of the document submitted. Violating the aforementioned laws of the _United. States in .the Western. District. of North Carolina. Further your affiant sayeth not. Subscribed and sworn to before me on the 23rd day of March 2015. A .Jf' Hon. Dennis L. 1 United stateg Magisxrate Judge Western . 1 . .J .- .1 Case Document 1 Filed 03/23/15 pageiz of 12