PHILADELPHIA – United States Attorney William M. McSwain
announced that Yahaira Diaz, 33, of Pottsville, PA was sentenced to 65 months’
imprisonment and ordered to pay more than $165,000 in restitution by United
States District Judge Jeffrey Schmehl for her leadership of an elder fraud
scheme commonly known as the “Grandparents Scheme.” The defendant was
immediately taken into custody after the hearing today.
The scheme operated as follows: an individual called an
elderly victim posing as the grandchild of the victim, or posing as an attorney
representing the grandchild. The caller claimed that the grandchild was in a
vehicular accident and was arrested for driving under the influence (or some
type of legal trouble). The caller then said that the grandchild needed money
for bail or legal representation, and persuaded the victim to send thousands of
dollars in cash via overnight delivery service to an address where the schemers
retrieved the package. The schemers then continued to call the victim and
demanded more money until the victim realized that he or she had been defrauded
and stopped sending money.
Diaz played a leadership role in this scheme, which was
based in Allentown and Bethlehem, Pennsylvania. For example, she identified and
arranged for access to residential locations where her co-schemers instructed
victims to send the fraud proceeds. Diaz recruited and controlled additional
participants in the scheme who allowed her to use their residences for the
receipt of proceeds, and who helped retrieve the packages and shared the
proceeds with other co-schemers. Diaz engaged in numerous incidents of the
Grandparents Scheme, as well as credit card fraud. In the Grandparents Scheme,
Diaz and her co-schemers defrauded at least 10 elderly victims of at least $158,800
and attempted to defraud those victims of at least an additional $69,000.
“Diaz’s actions here were despicable: she callously preyed
upon vulnerable seniors by exploiting their concern for their loved ones. And
she played a leadership role, which makes her actions even more deserving of
condemnation,” said U.S. Attorney McSwain. “Today, Diaz got what she deserved.
My Office will continue to prioritize prosecuting criminals who prey upon our
elderly residents.”
“Yahaira Diaz played a central role in this scam,” said
Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia
Division. “She had no compunction about swindling elderly victims out of their
money, or playing on their emotions to do so. The FBI will never stop working
to shut down elder fraud schemes like this, to protect older folks from those
who would take advantage of them.”
The case was investigated by the Federal Bureau of
Investigation, the United States Postal Service, the Bethlehem Police
Department, and the Northampton County District Attorney’s Office, and is being
prosecuted by Deputy United States Attorney Louis D. Lappen.
The Department of Justice is committed to combating elder
fraud. The Department’s historic 2018 and 2019 Elder Fraud Sweeps collectively
brought criminal and civil actions against more than 500 defendants responsible
for defrauding more than $1.5 billion from at least 3 million victims.
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