United States v. MAXIMO NUNEZ, Southern District of New York (Nov. 9, 2023) — Complaint

AUSA: JACKIE DELLIGATTI 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
UNITED STATES OF AMERICA 
v. 
MAXIMO NUNEZ, 
Defendant. 
      SEALED COMPLAINT 
 Violations of 18 U.S.C. §§ 371, 641, and 2 
      COUNTIES OF OFFENSE: 
      NEW YORK and BRONX 
SOUTHERN DISTRICT OF NEW YORK, ss.: 
DAVID FUSCO, being duly sworn, deposes and says that he is a Special Agent with the 
United States Attorney’s Office  for  the  Southern  District  of  New  York (“USAO-SDNY”), and 
charges as follows: 
COUNT ONE 
(Conspiracy to Commit Theft of Government Property) 
1.From at least in or about January 2021 through in or about September 2022, in the
Southern  District  of  New York  and  elsewhere, MAXIMO  NUNEZ,  the  defendant,  and  others 
known  and  unknown,  willfully  and  knowingly  did  combine,  conspire,  confederate,  and  agree 
together  and  with  each  other  to  commit  an  offense  against  the  United  States,  to  wit, theft  of 
government property, in violation of Title 18, United States Code, Section 641.  
2.It was a part and object of the conspiracy that MAXIMO NUNEZ, the defendant,
and others known and unknown, would and did embezzle, steal, purloin, and convert to his use 
and the use of another, and without authority sold, conveyed, and disposed of a record, voucher, 
money, and thing of value of the United States and a department and agency thereof, to wit, the 
United States Department of Housing and Urban Development (“HUD”), which exceeded the sum 
of $1,000, and received, concealed, and retained the same with intent to convert it to his use and 
gain, knowing it to have been embezzled, stolen, purloined, and converted, in violation of Title 18, 
United States Code, Section 641.  
Overt Acts 
3.In  furtherance  of  the  conspiracy  and  to  effect  the illegal object  thereof,  the
following  overt  acts,  among  others,  were  committed  in  the  Southern  District  of  New  York  and 
elsewhere:  
a.On or about January 14, 2021, MAXIMO NUNEZ, the defendant,  participated in
the theft of a construction utility vehicle from the Rangel Houses in New York, New York. 
b.On or about May 3, 2022, NUNEZ participated in the theft of a construction utility
vehicle from the Clinton Houses in New York, New York. 
23 MAG 7106

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c. On or about September 16, 2022, NUNEZ participated in the theft of a construction 
utility vehicle from the Isaacs Houses in New York, New York. 
COUNT TWO 
(Theft of Government Property) 
 
4. From at least in or about January 2021 through in or about September 2022, in the 
Southern  District  of New  York  and  elsewhere, MAXIMO  NUNEZ,  the  defendant,  knowingly 
embezzled, stole, purloined, and converted to his use and the use of another, and without authority 
sold, conveyed, and disposed of a record, voucher, money, and thing of value of the United States 
and  a  department  and  agency  thereof, to  wit,  HUD, which  exceeded  the  sum  of  $1,000,  and 
received, concealed, and retained the same with intent to convert it to his use and gain, knowing it 
to  have  been  embezzled,  stolen,  purloined,  and  converted,  to wit, NUNEZ stole  construction 
equipment utility vehicles from federally-funded New York City Housing Authority (“NYCHA”) 
facilities around New York City.  
(Title 18, United States Code, Sections 641 and 2.) 
 
The bases for my knowledge and for the foregoing charges are, in part, as follows: 
 
5. I am a Special Agent with the United States Attorney’s Office for the Southern 
District of New York (“USAO-SDNY.  I have been employed by USAO-SDNY for approximately 
four years and have worked in law enforcement since 2010.  
Overview 
6. I am investigating a pattern of thefts of valuable construction and utility equipment 
vehicles (“Utility Vehicles”) from NYCHA facilities throughout New York City.
1
  The first known 
theft was in January 2021 and the last was in September 2022.  The thefts generally follow a similar 
pattern.  The perpetrators steal expensive Utility Vehicles—typically John Deere Gators or Bobcat 
Toolcats  that  retail  for approximately $20,000 to $60,000—from NYCHA public housing 
facilities, usually in the middle of the night or late in the evening, when the Utility Vehicles are 
unattended.  NYCHA uses these Utility Vehicles to maintain its facilities for residents.  Some of 
the  thefts  are  recorded  on  surveillance video,  but  others  are  not.  The  perpetrators  often  use 
common  vehicles  to  commit  the  thefts,  including  a  large,  distinctive  flatbed  truck,  and  a  rented 
blue pickup truck. Based on my investigation, I believe that the perpetrators then sell these Utility 
Vehicles to  customers  who  are  unaware  that  they  are  stolen.   To  date,  at  least  several  hundred 
thousand dollars’ worth of Utility Vehicles have been stolen.  Some of the thefts are described in 
more detail below. 
 
1
 Based  on  my  training  and  experience and my  review  of  records  and  manuals  maintained  by 
NYCHA, I know that NYCHA is a New York City public entity that provides housing to low- and 
moderate-income New York City residents.  NYCHA’s operations are funded, in part, by grants 
from the United States Department of Housing and Urban Development (“HUD”).  In 2021, HUD 
provided over $2 billion in funding to NYCHA, making up a substantial portion of NYCHA’s 
budget.  HUD provided a similar level of funding to NYCHA in 2022.     

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7.  I  have  identified  at  least four individuals—CC-1, CC-2,  CC-3,  and  CC-4—who 
have been involved in these thefts.  As described below, CC-1 has been identified as MAXIMO 
NUNEZ, the defendant.   
The Utility Vehicle Thefts 
8. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, photographs, and surveillance video, I have learned that one of 
the thefts occurred at approximately 1:48 a.m. on or about January 14, 2021, in the vicinity of the 
Rangel Houses in New York, New York (the “January 14 Theft”).  Specifically: 
a. On or about January 14, 2021, at approximately 1:48 a.m., at least two unknown 
individuals in hooded sweatshirts exited a grey vehicle and then took a Utility Vehicle (“Utility 
Vehicle-1) that was designated for use at the Rangel Houses.   
b. A  still  image  of one  of  the  perpetrators  driving  away  from  the  scene  in  Utility 
Vehicle-1, taken from the surveillance video, is depicted below: 
 
 
c. Utility Vehicle-1 was purchased by NYCHA for approximately $62,064.55.   
9. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, photographs, and surveillance video, I have learned that one of 
the thefts occurred at approximately 3:40 a.m. on or about January 23, 2021, in the vicinity of the 
Dyckman Houses in New York, New York (the “January 23 Theft”).  Specifically:  
a. On  or  about  January  22,  2021,  at  approximately  4:30  p.m.,  a  NYCHA  employee 
locked the facility’s maintenance garage, which contained a Utility Vehicle (“Utility Vehicle-2”).  
b. When the employee returned on or about January 23, 2021, at approximately 8:30 
a.m., the padlock on the maintenance garage was missing and Utility Vehicle-2 was no longer in 
the garage.  

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c. Surveillance video from the scene depicts an individual driving Utility Vehicle-2 
out of the maintenance garage at approximately 3:40 a.m.: 
 
d. A witness observed three unknown individuals in hooded sweatshirts participating 
in the theft.  
e. On or about January 27, 2021, after canvassing the area for evidence of the theft, 
Utility Vehicle-2 was recovered in the vicinity of 781 East 133
rd
 Street in the Bronx, as depicted 
in the image below: 
 

5 
 
f. Utility Vehicle-2 was purchased by NYCHA for approximately $23,000.00.   
10. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, I have learned that one of the thefts occurred at approximately 
8:30 p.m. on or about March 21, 2021, in the vicinity of the Harlem River Houses in New York, 
New York (the “March 21 Theft”).  Specifically: 
a. In the evening of March 21, 2021, a Utility Vehicle (“Utility Vehicle-3”) was stolen 
from the employee parking lot of the Harlem River Houses.   
b. In response  to  an  increasing  number  of  thefts  of  Utility  Vehicles  from  NYCHA 
facilities, law enforcement officers had installed GPS tracking devices on certain Utility Vehicles 
throughout the NYCHA facilities, including Utility Vehicle-3.  
c. On or about March 22, 2021, law enforcement officers tracked Utility Vehicle-3 to 
a driveway at a certain address in the vicinity of Castle Hill Avenue in the Bronx, New York (the 
“Castle Hill Address”).  
d. Law  enforcement  officers then recovered  Utility  Vehicle-3 from  the  Castle  Hill 
Address, as depicted in the photograph below: 
 
e. Utility Vehicle-3 was purchased by NYCHA for approximately $24,000,00.  
11. Based on my conversations with law enforcement officers and my review of law 
enforcement  reports and  records, I  have  learned  that  one  of  the  thefts  occurred sometime in 
between approximately 4:00 p.m. on or about March 30, 2022, and approximately 5:15 a.m. on or 
about March 31, 2022, in the vicinity of the Monroe Houses in the Bronx, New York (the “March 
31 Theft”).  Specifically: 

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a. Sometime in between 3:45 p.m. on or about March 30, 2022, and 5:15 a.m. on or 
about March 31, 2022, another Utility Vehicle (“Utility Vehicle-4”) was stolen from the Monroe 
Houses.  
b. Law enforcement officers had installed a GPS tracking device on Utility Vehicle-
4, but it was removed by the perpetrators before Utility Vehicle-4 was taken from the premises.  
c. Utility Vehicle-4 was purchased by NYCHA for approximately $40,000.00.   
12. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, photographs, and surveillance video, I have learned that one of 
the  thefts  occurred  at  approximately 1:15 a.m.  on  or  about May  3, 2022,  in  the  vicinity  of  the 
Clinton Houses in New York, New York (the “May 3 Theft”).  Specifically: 
a. On or about May 3, 2022, at approximately 1:15 a.m., a Utility Vehicle (“Utility 
Vehicle-5”) was stolen from the parking lot of the Clinton Houses.  
b. Three individuals dressed in dark hooded sweatshirts were observed on surveillance 
video loading Utility Vehicle-5 onto a large flatbed truck (the “Flatbed Truck”).  
c. A still image of Utility Vehicle-5 on the Flatbed Truck, taken from the surveillance 
video, is depicted below: 
 
 
d. The perpetrators immediately drove away from the premises after loading Utility 
Vehicle-5 onto the Flatbed Truck.  

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e. Utility Vehicle-5 was purchased by NYCHA for approximately $44,000,00.   
13. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, photographs, and surveillance video, I have learned that one of 
the thefts occurred at approximately 3:49 a.m. on or about May 6, 2022, in the vicinity of the St. 
Nicholas in New York, New York (the “May 6 Theft”).  Specifically: 
a. On  or  about  May  6,  2022,  at  approximately  3:49  a.m.,  two  unknown  individuals 
loaded a Utility Vehicle (“Utility Vehicle-6”) onto the Flatbed Truck.  
b. Moments later, the perpetrators fled the scene with Utility Vehicle-6 on the Flatbed 
Truck.  
c. A still image of the Flatbed Truck just before Utility Vehicle-6 was stolen, taken 
from the surveillance video, is depicted below: 
 
d. Utility Vehicle-6 was purchased by NYCHA for approximately $44,000.00.   
14. Based on my conversations with law enforcement officers and my review of law 
enforcement reports, I have learned that another Utility Vehicle (“Utility Vehicle-7”) was stolen 
at some point on May 12, 2022, in the vicinity of the Bronx Children’s Museum in New York, 
New York (the “May 12 Theft”).   
a. Utility Vehicle-7 was purchased by NYCHA for approximately $58,000. 
15. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, photographs, and surveillance video, I have learned that one of 
the  thefts  occurred  at  approximately 1:30 a.m.  on  or  about June  8,  2022,  in  the  vicinity of  the 
Highbridge Gardens Houses in the Bronx, New York (the “June 8 Theft”).  Specifically: 
a. On or about June 8, 2022, at approximately 1:30 a.m., a Utility Vehicle (“Utility 
Vehicle-8”) was stolen from the Highbridge Gardens Houses.   
b. A still image of Utility Vehicle-8 being loaded on the Flatbed Truck, taken from 
the surveillance video, is depicted in the upper righthand corner of the image below: 

8 
 
 
 
c. A still image of Utility Vehicle-8 being driven by one of the perpetrators, just a few 
minutes before it was loaded onto the Flatbed Truck, is depicted below: 
 
 
d. Utility Vehicle-8 was purchased by NYCHA for approximately $40,000.00.   
16. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, photographs, and surveillance video, I have learned that one of 
the thefts occurred between approximately 1:20 a.m. and 2:53 a.m. on or about June 22, 2022, in 
the vicinity of the Castle Hill Houses in the Bronx, New York (the “June 22 Theft”).  Specifically: 
a. On or about June 22, 2022, at approximately 1:20 a.m. and 2:53 a.m., respectively, 
two Utility  Vehicles  (“Utility  Vehicle-9” and “Utility  Vehicle-10”)  were  stolen  from  the  Castle 
Hill Houses.  
b. At least three individuals participated in the theft.  
c. Both Utility Vehicle-9 and Utility Vehicle-10 were loaded onto the Flatbed Truck 
before being transported from the scene.  

9 
 
d. A still image of the Flatbed Truck, taken from the surveillance video, is depicted 
below: 
 
e. A still image of Utility Vehicle-9 being loaded onto the Flatbed Truck, taken from 
the surveillance video, is depicted below: 
 
 
f. On  or  about  June  27,  2022,  that  is,  five  days  after  the  thefts, law  enforcement 
officers recovered Utility Vehicle-9 and Utility Vehicle-10 in the vicinity of East 134
th
 Street and 
Bruckner Boulevard in the Bronx, New York.  While canvassing the area for further evidence, and 
as  explained  below  in Paragraph 23, law  enforcement  officers also  observed  the  Flatbed  Truck 
parked nearby in the vicinity of East 134
th
 Street and Locust Avenue in the Bronx, New York.   

10 
 
g. Utility   Vehicle-9 and Utility   Vehicle-10 were purchased   by   NYCHA   for 
approximately $40,000.00 and $42,000.00, respectively.   
17. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, photographs, and surveillance video, I have learned that one of 
the thefts occurred at approximately 5:00 a.m. on or about September 3, 2022, in the vicinity of 
the Laguardia Houses in New York, New York (the “September 3 Theft”).  Specifically: 
a. At  approximately 5:00 a.m.  on  or  about  September  3,  2022,  three  unidentified 
individuals removed a Utility Vehicle (“Utility Vehicle-11”) from the employee parking lot of the 
Laguardia Houses.   
b. The perpetrators loaded Utility Vehicle-11 onto a rented UHaul truck and were also 
assisted by an individual driving a blue pickup truck.   
c. A still image of the UHaul truck and the blue pickup truck, taken from surveillance 
video, is depicted below: 
 
 
d. Utility Vehicle-11 was purchased by NYCHA for approximately $25,000.00.   
18. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, photographs, and surveillance video, I have learned that one of 
the  thefts  occurred from  approximately  1:18 a.m. through  approximately 2:07 a.m.  on  or  about 
September  13,  2022,  in  the  vicinity  of  the Patterson Houses  in  the  Bronx,  New  York  (the 
“September 13 Theft”).  Specifically: 
a. Between approximately 1:18 a.m. and 2:07 a.m. on or about September 13, 2022, 
three Utility Vehicles (“Utility Vehicle-12,” “Utility Vehicle-13,” and “Utility Vehicle-14”) were 
stolen from the Patterson Houses.   
b. The  perpetrators  committed  the  thefts  using  the  Flatbed  Truck  and  a  large  white 
box truck.  

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c. A still image of Utility Vehicle-12 being loaded onto the Flatbed Truck, taken from 
the surveillance video, is depicted below: 
 
 
d. A still image of the box truck, taken from the surveillance video, is below: 
 
 
e. Utility Vehicle-12, Utility Vehicle-13, and Utility Vehicle-14 were all purchased 
by NYCHA for approximately $42,000.00 each.    
19. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, photographs, and surveillance video, I have learned that one of 
the thefts occurred at approximately 2:33 a.m. on or about September 16, 2022, in the vicinity of 
the Isaacs Houses in New York, New York (the “September 16 Theft”).  Specifically: 

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a. At  approximately  2:33  a.m.  on  or  about  September  16,  2022,  two  unknown 
individuals loaded a Utility Vehicle (“Utility  Vehicle-15”) onto the Flatbed Truck and drove it 
away from the Isaacs Houses.  
b. A still image of the Flatbed Truck on the scene shortly before the theft, taken from 
the surveillance video, is depicted below: 
 
c. Utility Vehicle-15 was purchased by NYCHA for approximately $8,000.   
20. Based on my conversations with law enforcement officers and my review of law 
enforcement reports and records, photographs, and surveillance video, I have learned that one of 
the thefts occurred at approximately 3:20 a.m. on or about September 24, 2022, in the vicinity of 
the DeHostos Houses in New York, New York (the “September 24 Theft”).  Specifically: 
a. At approximately 3:20 a.m. on or about September 24, 2022, the perpetrators were 
observed loading a Utility Vehicle (“Utility Vehicle-16”) onto the Flatbed Truck before driving 
away from the DeHostos Houses.   
b. A still image of Utility Vehicle-16 being loaded onto the Flatbed Truck, taken from 
the surveillance video, is depicted below: 

13 
 
 
c. Utility Vehicle-16 was purchased by NYCHA for approximately $42,000.00.  
MAXIMO NUNEZ is CC-1 
 
21. Based on my review of law enforcement reports and records, my conversations with 
other law enforcement officers, my review of surveillance footage, as well as my review of records 
provided to me by third-party sources in the course of my investigation, I believe, for the reasons 
described below, that CC-1 is MAXIMO NUNEZ, the defendant. 
22. Based  on  my  review  of reports  prepared  by  other  law  enforcement  officers,  my 
review of relevant documents, and my conversations with other law enforcement officers, I have 
learned the following: 
a. On  or  about  March  23,  2021, law  enforcement  officers spoke  with  the  owner 
(“Owner-1”) of the Castle Hill Address, that is, the location where Utility Vehicle-3 was recovered.   
b. Owner-1 related  to  law  enforcement  that  he  had  recently  rented  the  Castle  Hill 
Address to two individuals: MAXIMO NUNEZ, the defendant, and CC-2, who described himself 
as a cousin of NUNEZ.   
c. On  or  about  April  9,  2021, law  enforcement  officers also  interviewed  the 
superintendent (“Superintendent-1”) of  Castle  Hill  Address.   Law  enforcement  officers showed 
Supreindendent-1 photographs  of MAXIMO NUNEZ  and CC-2, which  were  obtained  from 
Department of Motor Vehicles records.  Superintendant-1 identified NUNEZ and CC-2 as the two 
individuals who  were currently  renting  the  Castle  Hill Address.   Superintendent-1 stated  that 
NUNEZ  and  CC-2 were  the  only  two  individuals  with  access  to  the  Castle  Hill Address at  that 
time.  Superintendent-1 also stated that he had observed NUNEZ store at least three other Utility 
Vehicles at the Castle Hill Address in the recent past. 

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d. Owner-1 provided law enforcement officers with rental application records relating 
to the  Castle  Hill  Address, which  confirm that  MAXIMO  NUNEZ and  CC-2 were  renting  the 
Castle Hill Address at the time Utility Vehicle-3 was stolen from the Harlem River Houses. 
23. Based on my review of  surveillance video, law enforcement reports and records, 
license plate reader (“LPR”) data, cellphone subscriber records, text  message  records, and  my 
conversations with other law enforcement officers, I have learned the following: 
a. The Flatbed Truck used in several of the thefts has a few distinct features:  a silver-
colored flatbed with silver color guard rails on each side; orange emergency lights immediately 
behind the truck cab; a white visor affixed to the top of the windshield with an additional orange 
emergency light affixed to the top of said visor; and black mudflaps behind the rear wheels.   
b. On  or  about  June  27,  2022,  law  enforcement  officers  were  doing  routine 
surveillance in the vicinity of 134th Street and Bruckner Boulevard in the Bronx, New York, near 
the  scene  where Utility  Vehicle-9  and  Utility  Vehicle-10 had  recently  been  recovered.    While 
canvassing the area, law enforcement officers discovered a flatbed truck parked near the side of 
the road.  Upon examining the flatbed truck’s features, law enforcement officers believed it to be 
the  Flatbed  Truck,  that  is,  the  truck that  was  used  for  several  of  the  thefts.    Law  enforcement 
officers then observed the Vehicle Identification Number, or “VIN,” of the truck, on the dashboard, 
which was visible from the exterior of the truck.   
c. After  running  the  VIN  number  in  relevant  databases,  law  enforcement  officers 
learned  that  the truck was owned by a certain individual (“Owner-2”).  Shortly thereafter, law 
enforcement officers conducted an interview with Owner-2.  Owner-2 stated that he had sold the 
truck to MAXIMO NUNEZ, the defendant, on or about May 1, 2022, that is, two days before the 
first theft for which the Flatbed Truck was used.    
d. Owner-2  provided  law  enforcement  officers  with  text  messages  relating  to  the 
purchase of the Flatbed Truck.  Those messages confirm that NUNEZ texted Owner-2 regarding 
the Flatbed Truck in or about May 2022 from a cellphone subscribed to him (the “Nunez Phone”).  
Those text messages also confirm that NUNEZ purchased the Flatbed Truck from Owner-2.   
24. Based on my review of  surveillance video, law enforcement reports and records, 
LPR data, records from a certain car rental company (“Rental Company-1”), and my conversations 
with other law enforcement officers, I have learned the following: 
a. On or about September 3, 2022, that is, the date on which Utility Vehicle-11 was 
stolen, law enforcement officers observed on surveillance video a blue pickup truck assisting in 
the theft.   
b. Some  weeks  earlier,  on  or  about  May  4,  2022,  at  approximately 2:10  a.m., the 
Flatbed Truck traveled into Manhattan via the Macombs Dam Bridge carrying a pickup truck with 
Massachusetts license plate 9GJ-472 (the “Blue Pickup Truck”).   
c. According to records from Rental Company-1, MAXIMO NUNEZ, the defendant, 
rented the Blue Pickup Truck from Rental Company-1 from March 1, 2022, until September 13, 
2022.   

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d. The Blue Pickup Truck’s location on or about September 3, 2022, is consistent with 
its participation in the September 3 theft.  Specifically, on or about September 3, 2022, the Blue 
Pickup  Truck traveled from  Manhattan  into  the  Bronx via  the  Willis  Avenue  Bridge  at 
approximately 5:35 a.m., that is, approximately 40 minutes after the theft of Utility Vehicle-11 at 
the Laguardia Houses in lower Manhattan.   
25. Based on my review of law enforcement reports and records, vehicle identification 
information, cellphone  subscriber  records,  call  detail records, my  conversations  with  other  law 
enforcement  officers,  and  my  conversations  with  a  certain  individuals (“Customer-1” and 
“Customer-2”) who purchased Utility Vehicles that were ultimately confirmed to have been stolen 
from NYCHA facilities, I have learned the following: 
a. On or about February 15, 2023, Customer-1 brought a Utility Vehicle to a mechanic 
in Maine in order to have it repaired.  Customer-1 had purchased the Utility Vehicle on or about 
June 1, 2022, from an online construction equipment vehicle retailer (“Retailer-1”) located in New 
Jersey.   After  employees  at  the mechanic  shop examined  the  Utility  Vehicle,  they  informed 
Customer-1 that the Vehicle had been reported stolen from a NYCHA housing facility on or about 
May 12, 2022.  Customer-1 was not aware that the Utility Vehicle had been stolen.   
b. The Utility  Vehicle  purchased  by Customer-1 from  Retailer-1 is  in  fact  Utility 
Vehicle-7, that is, the Utility Vehicle that was stolen from the Bronx Children’s Museum on or 
about May 12, 2022.   
c. On  or  about  June  26,  2023, law  enforcement  officers recovered Utility  Vehicle-
13—that  is, one  of  the  Utility  Vehicles that  was  stolen  from  the  Patterson  Houses  on  or  about 
September 13, 2022—at a private residence in New Jersey.  The purchaser of Utility Vehicle-13, 
Customer-2, indicated that she had purchased Utility Vehicle-13 from Retailer-1.   
d. Retailer-1 does  business  using  a  certain  phone  number (the “Retailer-1 Phone”).  
On or  about  February 20, 2022, that is, some time before the May 12  and September 13 thefts, 
MAXIMO NUNEZ, the defendant, using the Nunez Phone, communicated at least one time with 
the Retailer-1 Phone.   
26. Based  on  my  review  of  information  provided  to  me  by  Apple pursuant  to  a 
judicially authorized search warrant, law enforcement reports and records, as well as my review 
of vehicle identification information provided to me by a retailer of Utility Vehicles, I have learned 
the following: 
a. MAXIMO  NUNEZ,  the  defendant, is  the  subscriber  of  a  certain  iCloud  account 
(the “Nunez iCloud Account”).   
b. During  my  review  of  the  Nunez  iCloud  Account, I  discovered  a  close-up 
photograph of the VIN number of a certain Utility Vehicle.  That Utility Vehicle was purchased 
by the New York City Department of Parks and Recreation on or about January 2, 2019, and had 
been reported stolen some time thereafter.  
c. The Nunez iCloud Account also contained other information and images consistent 
with NUNEZ’s participation in the thefts, including pictures of Utility Vehicles; ads selling Utility 
Vehicles and parts of Utility Vehicles; and internet searches related to Utility Vehicles.   

16 
 
27. Based on my review of law enforcement reports and records, cellphone subscriber 
records,   call   detail   records,   open-source   information, my   conversations   with   other   law 
enforcement officers, and my conversations with Retailer-1, I have learned the following: 
a. Another individual, CC-3, has listed several Utility Vehicles for sale on an online 
marketplace forum using a social media account that I know, based on my investigation, to be used 
by CC-3.   
b. One  of  those  Utility  Vehicles  (“Utility  Vehicle-17”)  was  listed  for  sale or  about 
January 12, 2021.
2
   
c. In  the  course  of attempting  to  sell Utility  Vehicle-17 and  other  Utility  Vehicles, 
CC-3 communicated  with  Retailer-1,  who,  as  further  described  below,  has  purchased  several 
Utility Vehicles from another individual, CC-4, that were later reported to have been stolen from 
NYCHA facilities.   
d. MAXIMO  NUNEZ,  the  defendant,  using  the  Nunez  Phone, and  CC-3,  using  a 
phone that is subscribed in his name, have communicated regularly at or around the time of many 
of the thefts. Specifically:  
i. On or about January 14, 2021, that is, the date on which Utility Vehicle-1 
was stolen, NUNEZ and CC-3 communicated approximately three times, including one phone call 
approximately 30 minutes after the theft.  
ii. On or about January 23, 2021, that is, the date on which Utility Vehicle-2 
was   stolen,   NUNEZ   and   CC-3 communicated   approximately four   times,   including   at 
approximately 2:48 a.m.; 2:57 a.m.; and 3:43 a.m.   
iii. On or about March 22, 2021, that is, the day after which Utility Vehicle-3 
was stolen, NUNEZ placed an outgoing call to CC-3 at approximately 1:30 a.m.   
iv. On  or  about March  30,  2022,  that  is,  the  date  on  which  Utility  Vehicle-4 
was stolen, NUNEZ placed an outgoing call to CC-3 at approximately 10:36 p.m. 
v. On or about May 3, 2022, that is, the date on which Utility Vehicle-5 was 
stolen, NUNEZ and CC-3 communicated approximately four times, at approximately 12:22 a.m.; 
12:23 a.m.; 12:45 a.m.; and 1:22 a.m.   
vi. On or about May 13, 2022, that is, the day after which Utility Vehicle-7 was 
stolen, NUNEZ placed an outgoing call to CC-3 at approximately 2:39 p.m. 
vii. On or about June 8, 2022, that is, the date on which Utility Vehicle-8 was 
stolen, NUNEZ and CC-3 communicated approximately 15 times, including at approximately 1:01 
a.m.; 1:02 a.m.; 1:04 a.m.; 1:52 a.m.; 2:02 a.m.; 2:04 a.m.; 2:07 a.m.; 2:08 a.m.; and 2:09 a.m.   
 
2
 Based on my review of law enforcement reports and records, I know that a Utility Vehicle was 
stolen from the Harlem River Houses at an unknown time on or about January 12, 2021.   

17 
 
viii. On or about September 3, 2022, that is, the date on which Utility Vehicle-
11 was  stolen,  NUNEZ  and  CC-3 communicated approximately four times,  including  at 
approximately 12:13 a.m. and 12:19 a.m.  
ix. On or about September 13, 2022, that is, the date on which Utility Vehicle-
12, Utility  Vehicle-13,  and Utility  Vehicle-14 were  stolen, NUNEZ  and  CC-3 communicated 
approximately 4 times, including at approximately 12:05 a.m. and 12:41 a.m. 
x. On or about September 16, 2022, that is, the date on which Utility Vehicle-
15 was   stolen,   NUNEZ   and   CC-3 communicated   approximately 9 times,   including   at 
approximately 12:35 a.m.; 12:38 a.m.; 12:46 a.m.; 12:47 a.m.; 2:27 a.m.; 2:43 a.m.; and 2:51 a.m. 
xi. On or about the evening September 23, 2022, that is, shortly before Utility 
Vehicle-16 was  stolen  at  approximately  3:20  a.m.  on  September  24,  2022,  NUNEZ  and  CC-3 
communicated approximately 4 times, at approximately 8:09 p.m.; 8:13 p.m.; 8:23 p.m.; and 9:58 
p.m.  
28. In  total,  NUNEZ  and  CC-3 communicated approximately  326  times  between 
January 1, 2021, and April 5, 2021, and approximately 1,133 times between September 9, 2021, 
and September 23, 2022.   
29. Based on my review of law enforcement reports and records, cellphone subscriber 
records,  call  detail  records,  my  conversations  with  other  law  enforcement  officers,  and  my 
conversations with Retailer-1, I have learned the following: 
a. Retailer-1 has purchased several Utility Vehicles from a certain individual, CC-4, 
including Utility Vehicle-7, Utility Vehicle-13, and Utility Vehicle-16.  Typically, Retailer-1 has 
met CC-4 in the Bronx, where he paid cash for each Utility Vehicle.
3
  Retailer-1 then resold each 
Utility Vehicle to individuals such as Customer-1 and Customer-2.  
b. MAXIMO  NUNEZ,  the  defendant, using  the  Nunez  Phone, and  CC-4,  using  a 
phone that I know to be used by him,
4
 have communicated regularly at or around the time of many 
of the thefts.  Specifically:  
i. On or about May 4, 2022, that is, the day after which Utility Vehicle-5 was 
stolen, NUNEZ texted CC-4 at approximately 7:14 p.m.  
ii. On or about September 3, 2022, that is, the date on which Utility Vehicle-
11 was stolen, NUNEZ received incoming voicemails from CC-4 at approximately 1:49 a.m. and 
7:36  a.m.    On  or  about  September  4,  2023,  that  is,  the  day  after which Utility  Vehicle-11 was 
stolen, NUNEZ received an incoming voicemail from CC-4 at approximately 10:49 p.m. 
 
3
 Utility Vehicles are typically not registered with any state or city entity, which makes it difficult 
for a buyer to determine whether or not they are stolen.   
4
 CC-4 used this same phone to communicate regularly with Retailer-1. 

18 
 
iii. On or about the evening September 23, 2022, that is, shortly before Utility 
Vehicle-16 was  stolen  at  approximately  3:20  a.m.  on  September  24,  2022,  NUNEZ  and  CC-4 
communicated approximately 4 times, including at approximately 5:14 p.m. and 5:16 p.m.   
iv. In total NUNEZ and CC-4 communicated approximately 53 times between 
November 5, 2021, and October 10, 2022. 
30. CC-3 and CC-4 have themselves communicated approximately 384 times between 
January 1, 2022, and October 5, 2022.    
31. Based  on  my  review  of cellphone  location information obtained  pursuant  to  a 
judicially-authorized search warrant, I have learned that the location of the Nunez Phone on the 
dates and times of the January 12, January 14, January 23, March 21, March 31, May 3, May 6, 
June  8,  June  22,  September  13,  and  September  16  thefts is  consistent  with the  involvement  of 
MAXIMO NUNEZ, the defendant, those thefts. Specifically: 
a. On or about January 12, 2021, at approximately 3:08 a.m., the Nunez Phone was 
located in the vicinity of where Utility Vehicle-16 was stolen.   
b. On or about January 14, 2021, at approximately 1:44 a.m., the Nunez Phone was 
located in the vicinity of where Utility Vehicle-1 was stolen.  
c. On or about January 23, 2023, at approximately 3:28 a.m., the Nunez Phone was 
located in the vicinity of where Utility Vehicle-2 was stolen.   
d. On or about March 21, 2021, at approximately 8:33 p.m., and on or about March 
22, 2021, at approximately 12:06 a.m., the Nunez Phone was located in the vicinity of where Utility 
Vehicle-3 was stolen.  
e. On  or  about  March  31,  2022,  at  approximately  1:13  a.m.,  the  Nunez  Phone  was 
located in the vicinity of where Utility Vehicle-4 was stolen.  
f. On or about May 3, 2022, from approximately 12:45 a.m. through 1:22 a.m., the 
Nunez Phone was located in the vicinity of where Utility Vehicle-5 was stolen.  
g. On or about May 6, 2022, at approximately 3:32 a.m., the Nunez Phone was located 
in the vicinity of where Utility Vehicle-6 was stolen.  
h. On  or  about  June  8,  2022, from  approximately  1:01 a.m. through  2:09  a.m.,  the 
Nunez Phone was located in the vicinity of where Utility Vehicle-8 was stolen.  
i. On or about June 22, 2022, from approximately 12:12 a.m. through 2:04 a.m., the 
Nunez Phone was located in the vicinity of where Utility Vehicle-9 and Utility Vehicle-10 were 
stolen. 
j. On or about September 13, 2022, from approximately 12:41 a.m. through 3:09 a.m., 
the Nunez Phone was located in the vicinity of where Utility Vehicle-12, Utility Vehicle-13, and 
Utility Vehicle-14 were stolen. 

19 
 
 
 
 
k. On or about September 16, 2022, at approximately 2:27 a.m., the Nunez Phone was 
located in the vicinity of where Utility Vehicle-15 was stolen. 
WHEREFORE, I respectfully request that a warrant be issued for the arrest of MAXIMO 
NUNEZ, the defendant, and that he be arrested, and imprisoned or bailed, as the case may be. 
 
 
      
______________________________ 
     DAVID FUSCO 
USAO-SDNY 
 
 
Sworn   to   me   through   the   transmission   of  
this Complaint by reliable electronic  
means (telephone), this ___ day of November,  
2023. 
 
____________________________________ 
THE HONORABLE SARAH NETBURN 
United States Magistrate Judge 
Southern District of New York