Date: 09-19-2013

Case Style: United States of America v. Kevin Konstantinov

Case Number: 6:13-cr-00062-RAW

Judge: Ronald White

Court: United States District Court for the Eastern District of Oklahoma (Muskogee County)

Plaintiff's Attorney: Ryan M. Roberts

Defendant's Attorney: Neal B. Kirkpatrick

Description: The United States of America charged Kevin Konstantinov, 51, and Elvin Alisuretove, 36, with conspiracy to commit wire fraud in violation of 18 U.S.C. 1349 and aggravated identity theft in violation of 18 U.S.C. 1028 in conjunction with "skimming" devices on gas pumps to steal account information from consumers. The defendants lived in Washington state and traveled to Oklahoma, Texas and Arkansas to place skimming devices on gas pumps at Walmart stores from April 2012 through January. They then used the information that they had stolen to create counterfeit debit or credit cards and then using them to withdraw up to $400,000 in cash from ATMs.

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Title 18 U.S.C. 1349 provides:

Whoever knowingly executes, or attempts to
execute, a scheme or artifice—
(1) to defraud any person in connection with
any commodity for future delivery, or any option
on a commodity for future delivery, or
any security of an issuer with a class of securities
registered under section 12 of the Securities
Exchange Act of 1934 (15 U.S.C. 78l) or that
is required to file reports under section 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C.
78o(d)); or
(2) to obtain, by means of false or fraudulent
pretenses, representations, or promises, any
money or property in connection with the purchase
or sale of any commodity for future delivery,
or any option on a commodity for future
delivery, or any security of an issuer with
a class of securities registered under section 12
of the Securities Exchange Act of 1934 (15
U.S.C. 78l) or that is required to file reports
under section 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78o(d));
shall be fined under this title, or imprisoned not
more than 25 years, or both.
(Added Pub. L. 107–204, title VIII, § 807(a), July
30, 2002, 116 Stat. 804; amended Pub. L. 111–21,
§ 2(e)(1), May 20, 2009, 123 Stat. 1618.)

Title 18 U.S.C. 1028 provides:

(a) OFFENSES.—
(1) IN GENERAL.—Whoever, during and in relation
to any felony violation enumerated in
subsection (c), knowingly transfers, possesses,
or uses, without lawful authority, a means of
identification of another person shall, in addition
to the punishment provided for such felony,
be sentenced to a term of imprisonment
of 2 years.
(2) TERRORISM OFFENSE.—Whoever, during
and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly
transfers, possesses, or uses, without lawful
authority, a means of identification of another
person or a false identification document
shall, in addition to the punishment provided
for such felony, be sentenced to a term of imprisonment
of 5 years.
(b) CONSECUTIVE SENTENCE.—Notwithstanding
any other provision of law—
(1) a court shall not place on probation any
person convicted of a violation of this section;
(2) except as provided in paragraph (4), no
term of imprisonment imposed on a person
under this section shall run concurrently with
any other term of imprisonment imposed on
the person under any other provision of law,
including any term of imprisonment imposed
for the felony during which the means of identification
was transferred, possessed, or used;
(3) in determining any term of imprisonment
to be imposed for the felony during which the
means of identification was transferred, possessed,
or used, a court shall not in any way
reduce the term to be imposed for such crime
so as to compensate for, or otherwise take into
account, any separate term of imprisonment
imposed or to be imposed for a violation of
this section; and
(4) a term of imprisonment imposed on a person
for a violation of this section may, in the
discretion of the court, run concurrently, in
whole or in part, only with another term of
imprisonment that is imposed by the court at
the same time on that person for an additional
violation of this section, provided that such
discretion shall be exercised in accordance
with any applicable guidelines and policy
statements issued by the Sentencing Commission
pursuant to section 994 of title 28.
(c) DEFINITION.—For purposes of this section,
the term ‘‘felony violation enumerated in subsection
(c)’’ means any offense that is a felony
violation of—
(1) section 641 (relating to theft of public
money, property, or rewards 1), section 656 (relating
to theft, embezzlement, or misapplication
by bank officer or employee), or section
664 (relating to theft from employee benefit
plans);
(2) section 911 (relating to false personation
of citizenship);
(3) section 922(a)(6) (relating to false statements
in connection with the acquisition of a
firearm);
(4) any provision contained in this chapter
(relating to fraud and false statements), other
than this section or section 1028(a)(7);
(5) any provision contained in chapter 63 (relating
to mail, bank, and wire fraud);
(6) any provision contained in chapter 69 (relating
to nationality and citizenship);
(7) any provision contained in chapter 75 (relating
to passports and visas);
(8) section 523 of the Gramm-Leach-Bliley
Act (15 U.S.C. 6823) (relating to obtaining customer
information by false pretenses);
(9) section 243 or 266 of the Immigration and
Nationality Act (8 U.S.C. 1253 and 1306) (relating
to willfully failing to leave the United
States after deportation and creating a counterfeit
alien registration card);
(10) any provision contained in chapter 8 of
title II of the Immigration and Nationality
Act (8 U.S.C. 1321 et seq.) (relating to various
immigration offenses); or
(11) section 208, 811, 1107(b), 1128B(a), or 1632
of the Social Security Act (42 U.S.C. 408, 1011,
1307(b), 1320a–7b(a), and 1383a) (relating to false
statements relating to programs under the
Act).
(Added Pub. L. 108–275, § 2(a), July 15, 2004, 118
Stat. 831.)

Outcome: Defendants pleaded guilty and will be sentenced at a later date.

Plaintiff's Experts:

Defendant's Experts:

Comments: