G. TYLER ROMERIL 1954)
Deputy Iron County Attorney

82 North 100 East, Suite 201
PO Box 428

Cedar City, Utah 84720
Telephone: (435) 865-5310

 

IN THE FIFTH JUDICIAL DISTRICT COURT, IN AND FOR IRON COUNTY,

 

STATE OF UTAH

STATE OF UTAH,

Plaintiff, INFORMATION

vs.
Criminal No.

ZOHAR ABIKZER COHEN,
DOB: 12/16/1988, Judge

Defendant. OTN No.

 

 

Based upon his review and screening of the investigative materials in this matter, the
undersigned complainant, G. Tyler Romeril, Deputy Iron County Attorney, under oath, states on
information and belief that the above-named Defendant, ZOHAR ABIKZER COHEN,

committed the following crimes, to wit:

COUNT l: IDENTITY FRAUD, a Second Degree Felony, in violation of
Utah Code Ann. ?76-6-1102, as follows: That the defendant, on or between
July 1, 2015, and August, 2015, in Iron County, State of Utah, did obtain
personal identifying information of another person; and knowingly or
intentionally used, or attempted to use, that information with fraudulent
intent, including to obtain, or attempt to obtain, credit, goods, services,
employment, any other thing of value, or medical information. Furthermore,
the value of the credit, goods, services, or any other thing of value was or
exceeded $5,000 or the unlawful act described above resulted, directly or
indirectly, in bodily injury to another person.

COUNI 2: UNLAWFUL ACQUISITION, POSSESSION OR TRANSFER
OF A FINANCIAL TRANSACTION CARD, a Third Degree Felony, in
violation of Utah Code Ann. ?76-6-506.3, as follows: That the defendant, on
or between July 1, 2015, and August 31, 2015, in Iron County, State of Utah,

did (1) acquire a ?nancial transaction card from another without the consent
of the card holder or the issuer; (2) receive a financial transaction card with
intent to use it in violation of Utah Code ?76-6-506.2; (3) sell or transfer a
?nancial transaction card to another person with the knowledge that it would
be used in violation of Utah Code ?76-6-506.2; (4) acquire a ?nancial
transaction card that the defendant knew was lost, mislaid, or delivered under
a mistake as to the identity or address of the card holder; and retain
possession with intent to use it in violation of Utah Code ?76-6-506.2; or (ii)
sell or transfer a ?nancial transaction card to another person with the
knowledge that it would be used in violation of Utah Code or
(5) possess, sell, or transfer any information necessary for the use of a
?nancial transaction card, including the credit number of the card, the
expiration date of the card, or the personal identi?cation code related to the
card: without the consent of the card holder or the issuer; or (ii) with
the knowledge that the information had been acquired without consent of the
card holder or the issuer; and with intent to use the information in
violation of Utah Code Ann. ?76-6-506.2

COUNT 3: UNLAWFUL USE OF A FINANCIAL TRANSACTION
CARD, a Third Degree Felony, in violation of Utah Code Ann. ?76-6-506.2,
as follows: That the defendant, on or between July 1, 2015, and August 31,
2015, in Iron County, State of Utah, did (1) knowingly use a false, ?ctitious,
altered, counterfeit, revoked, expired, stolen, or fraudulently obtained
?nancial transaction card to obtain or attempt to obtain credit, goods,
property, or services; (2) knowingly, with the intent to defraud, use a
?nancial transaction card, credit number, personal identi?cation code, or any
other information contained on the card or in the account from which the card
was issued, to obtain or attempt to obtain credit, goods, or services; (3)
knowingly, with the intent to defraud, use a ?nancial transaction card to
willfully exceed an authorized credit line by $500 or more, or by 50% or
more of the line of credit, whichever was greater; knowingly, with the
intent to defraud, make application for a ?nancial transaction card to an
issuer and made or caused to be made a false statement or report of the
person's name, occupation, ?nancial condition, assets, or personal identifying
information; or willfully and substantially undervalue or understate any
indebtedness for the purposes of in?uencing the issuer to issue the ?nancial
transaction card; or (5) knowingly, with the intent to defraud, present or
cause to be presented to the issuer or an authorized credit card merchant, for
payment or collection, any credit card sales draft, when: the draft was
counterfeit or ?ctitious; the purported sales evidenced by any credit card
sales draft did not take place; the purported sale was not authorized by the
card holder; or the items or services purported to be sold as evidenced by
the credit card sales drafts were not delivered or rendered to the card holder
or person intended to receive them. Furthermore, the value of the property,

money or thing obtained or sought to be obtained exceeded $1500 but was
less than $5,000.

Probable Cause ?tmgment:

On October 8, 2015, your af?ant, Marshall Dan Guymon of the Brian Head Marshal?s
Of?ce, was contacted by Mitch Hatch. Mr. Hatch was employed as the General Manager of the

Grand Lodge in Brian Head and had held that position for the past two years. The Grand Lodge
is located in Iron County, Utah.

Mr. Hatch relayed the following information to your afftant:

On February 15, 2015, the Grand Lodge was purchased by Zohar Abikzer Cohen (the
Defendant). Mr. Hatch continued on as the Lodge manager through this change in ownership.
During the month of July, 2015, the Defendant contacted Mr. Hatch and invited him to join him
on a business trip to Arkansas. The Defendant was going to look at a hotel there and wanted Mr.
Hatch to inspect the hotels with him. Before ?ying to Arkansas, the Defendant informed Mr.
Hatch that he would be using his private jet to ?y to Arkansas. The Defendant then asked for
Mr. Hatch?s personal information, which included his ?Jll name, date of birth, and social security
number. The Defendant stated that to comply with Federal Aviation Administration (FAA) rules
this information was required. Mr. Hatch, who had never ?own privately before, gave the
Defendant the personal information he requested. A few days later, the Defendant arrived at the
Grand Lodge and he and Mr. Hatch drove to the St. George Airport and ?ew by commercial

airline to Arkansas. No explanation was given as to why they didn?t ?y on the Defendant?s
private jet.

Sometime after returning to Brian Head, Mr. Hatch was contacted by the Defendant and
told that he had opened some American Express credit cards in Mr. Hatch?s name to be used for
business purposes. Mr. Hatch, believing the credit cards were linked to the business, used these
cards for business purposes to run the lodge. Sometime near the end of August, 2015, a
representative from American Express contacted Mr. Hatch to inquire about the excessive
number of purchases on the credit card account. The representative was under the impression
that Mr. Hatch was the owner of the hotel and after learning of Mr. Hatch?s salary, the
representative asked Mr. Hatch how he was planning on paying back a balance of $46,636.50.
Mr. Hatch then learned that this credit card account was not linked to the business but to him
personally. The representative then closed the account and initiated a fraud application.

While investigating this matter for possible fraud charges, your af?ant contacted the
Defendant and spoke with him over the phone. The Defendant told your af?ant that there was
no fraud and that he and Mr. Hatch applied for the credit card account together over the phone.
American Express has no record of this happening. In fact, American Express shows that this
account was opened on July 24, 2015, at 09:12 Eastern Standard Time, by an online application.
The computer used to submit this application had an Internet Protocol (IP) address of
69.203.126.107. This IP address was traced back to New York City, New York, which is where
the Defendant resides. Your af?ant also contacted the FAA and learned that a passenger?s
personal information is not needed to ?y on a private jet. Mr. Hatch and your af?ant believe that
the Defendant was able to open this account with Mr. Hatch?s personal information after he
obtained this information based on the false assertion that Mr. Hatch?s personal information was
required before ?ying private. At no time did Mr. Hatch give the Defendant permission to use

his personal information to obtain this credit card account. It was further learned that eighteen
(l 8) credit cards were issued and linked to this one account.

Based upon the foregoing information, there is probable cause to find that Defendant
Zohar Abikzer Cohen has committed the offenses of Identity Fraud, a second degree felony;
Unlawful Acquisition of a Financial Transaction Card, a third degree felony; and Unlawful Use
of a Financial Transaction Card, a third degree felony; and a warrant for his arrest is requested.

DATED this 2 a /dayo%y,2016.
l.

  
   

 

arshal?s Office

This Information is based on evidence provided by Officer Dan Guymon of the Brian

Head Marshal's Office.

DATED this I 2 day of May, 2016.
6%
By

G. TYLE MERIL
Deputy County Attorney

 

SUBSCRIBED AND SWORN to before me on this l9}; day of May, 2016, by G.

 

 

 

 

Tyler Romeril.
AMY ROBINSON
NOTARY PUBLIC
STATE OF UTAH [a 
COMM. it 656385
COMM. EXP. 06-01-2016 NOT PUBLIC

 

Residing in Iron County, State of Utah