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January 26, 2012

Two Women Charged With Stealing Hundreds of Identities with Phony Craigslist Employment and Apartment Listings

Pemberton and Sibert used stolen identities to file for more than $500K in fraudulent tax refunds, bank loans, and credit cards

D.A. Rice provides tips to prevent identity theft online

MINEOLA, NY – Nassau County District Attorney Kathleen Rice announced today that two women have been indicted by a grand jury on felony charges for using phony Craigslist ads for nonexistent jobs and apartments to steal hundreds of identities nationwide and filing hundreds of fraudulent state income tax returns requesting more than $500,000 in refunds. The scammers also used the stolen identities to apply for bank loans and credit cards, and stole a total of more than $75,000.

Susan Pemberton
Cynthia Sibert

The indictment, handed up Tuesday, charges Susan Pemberton, 42, of Rockville Centre, with Grand Larceny in the Second Degree and Scheme to Defraud in the First Degree, and Cynthia Sibert, 22, of Roslyn, with Grand Larceny in the Third Degree and Scheme to Defraud in the First Degree.

Pemberton was arrested November 16, 2011 and faces up to 15 years in prison if convicted while Sibert was arrested on November 18, 2011 and faces up to seven years in prison if convicted. Both defendants will be arraigned later this month.

The arrests are the result of a joint investigation between the DA’s Office and the New York State Department of Taxation and Finance’s Criminal Investigation Division – Buffalo Office. The investigation was assisted by the U.S. Postal Inspection Service. The investigation is ongoing and more charges could be filed against the defendants.

Rice said that between February 2010 and October 2011, Pemberton and Sibert placed ads on Craigslist for employment opportunities and apartment rentals that didn’t exist.They sent their victims employment and rental applications that sought their name, address, birth date, and Social Security number, and used that information to file more than 250 fraudulent tax returns, and to obtain bank loans and credit cards in their victims’ names. Sibert also used her job as a home health care aide to steal the identities of elderly people in her care and opened credit cards in their names.

Search warrants executed at the defendants’ homes and rental mailboxes uncovered several computers, hundreds of documents, and notebooks with detailed records of the victims’ personal information and tax refund amounts, with several entries marked “BIG FAT REFUND.” There were also credit cards and checkbooks in names other than the defendants, as well as credit card purchases of luxury goods, like Gucci baby shoes. Printouts of the Craigslist rental and job ads and applications were also found.

The investigation started in early 2011 when the Buffalo office of the New York State Department of Taxation and Finance discovered that hundreds of state tax refunds were being claimed from more than 10 Nassau County addresses, including a rental mailbox in Great Neck that was identified on returns as an "apartment." To date, the District Attorney’s Office has contacted more than 250 victims of this scam in 30 states.

Victims who attempted to file New York State tax returns after having their identities stolen often had their tax returns rejected because the defendants had already collected a refund in their name. Out-of-state victims have reported that their credit scores have been negatively affected.

“These scammers preyed on the elderly and people who were looking for honest work and affordable housing, and then stole money from the pockets of every taxpayer,” Rice said. “Identity theft is a serious crime that can affect anyone, and my office will continue working with the public so they can protect themselves from scams like this.”

“The arrest and indictment of these two individuals sends a strong message to other criminals who would prey on innocent victims," said New York State Tax Commissioner Thomas H. Mattox. “I commend DA Rice and the staff of the Tax Department - particularly, Nancy Wilson, Daniel Wozniak, Kylee Echeverria - for their hard work to bring about these indictments.”

Assistant District Attorney Kellie McKenna of the Economic Crimes Bureau is prosecuting the case for the DA’s Office. Pemberton is represented by Kristen McElroy, Esq. Sibert is represented by Jeff Groder, Esq. Anyone who believes they may be a victim of tax or financial identity theft related to this scheme should call the Nassau County District Attorney’s Economic Crimes Bureau at (516) 571-2149.

The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.

Tips to Protect Yourself from Online Identity Theft

  • Protect your Social Security number and give it out only when absolutely necessary

Never give out your Social Security number over the phone, by mail, or on the Internet unless you have an established relationship with the company and you initiated the contact.Do not provide your Social Security number on job applications.Instead, offer to provide it when you are interviewed or when a background check is conducted after you have verified the legitimacy of the company.

  • Check your credit reports often


Federal law gives you the right to one free credit report each year from Equifax, Experian, and TransUnion. Review each report carefully looking for unfamiliar addresses, credit inquiries, or accounts.

  • Never apply for housing advertised online until you have viewed the apartment in person and verified the landlord's ownership of the property or the broker's authority

Beware of any apartment listings with landlords or brokers who are unable or unwilling to show you the property, encourage you to view it yourself from outside, or demand personal information about you before showing you the property.Watch out for housing priced below market price for the area, and never fill in a rental application or send any payment without viewing the property with the landlord or agent first.

  • Shred paperwork that contains your personal information before throwing it away

Credit card statements, pre-approved offers, bills, pay stubs, tax documents and other sensitive paperwork all contain information that dumpster-diving thieves can use to steal your identity.Shred these documents before throwing them away.

  • Use your common sense

If it looks too good to be true, it probably is.Beware of any unsolicited call, email, or mailing requesting your personal information.If anyone calls or emails claiming to be from an institution you trust, ask for their name, the company’s address, and a number to call them back.Never “verify” your information to an unsolicited caller or through an email.

For more information, visit http://www.privacyrights.org.