United States v Alicia Holmes Indictment For Wire Fraud

UNITED
STATES
DISTRICT
COURT
SOUTHERN
DISTRICT
OF
NEW
YORK
x
UNITED
STATES
OFAMERICA
INDICTMENT
-V.
-
S2
10Cr.
1149
(KMK)
ALICIA
HOLMES,
a/k/a
“Alicia
Pimentel,”
a/k/a
“Alicia
Xiomara
de
Pimentel,”
a/k/a
“Alicia
Ferrer,”
a/k/a“Alicia
DePimentel,”
:
USDCSDNY
a/k/a
“Anna
Alicia,”
DOE’
a/k/a
“Sybil
Figuerra,”
LD
a/k/a
“Alicia
F±gueroa,”
a/k/a
“Anna
Ferrer,”
Defendant.
x
COUNT
ONE
(Wire
Fraud)
The
Grand
Jury
charges:
The
Scheme
toDefraud
1.
From
at
least
in
or
about
April
2007
through
inor
about
May
2011,ALICIA
HOLMES,
a/k/a“Alicia
Pimentel,”
a/k/a
“Alicia
Xiomara
de
Pimentel,”
a/k/a
“Alicia
Ferrer,”
a/k/a
“Alicia
De
Pimentel,”
a/k/a
“Anna
Alicia,”
a/k/a
“Sybil
Figuerra,”
a/k/a
“Alicia
Figueroa,”
a/k/a“Anna
Ferrer,”
the
defendant,devised
andoperated
a
fraudulent
scheme
bywhich
she
obtained
money,
property,
services,
andaccommodation
from
various
individuals
and
entities,
including,
but
not
limited
to,
hotel
managers
andstaff,
real
estate
brokers,
property
builders,
home
owners,
and
school
administrators
(the
“Victims”)
by
making
false
and
fraudulent
representations
tothe
Victims
in
emails,

telephone
calls,contracts,
promissory
notes,
and
letters.
2.In
furtherance
ofthe
scheme
todefraud,
ALICIA
HOLMES,a/k/a
“AliciaPimentel,”
a/k/a
“Alicia
Xiomara
de
Pimentel,”
a/k/a“AliciaFerrer,”
a/k/a
“AliciaDe
Pimentel,”
a/k/a“Anna
Alicia,”a/k/a
“Sybil
Figuerra,”
a/k/a
“Alicia
Figueroa,”
a/k/a
“AnnaFerrer,”
the
defendant,
represented
to
the
Victims,
in
substanceandin
part,
that:
a.HOLMESowned
and/orwas
about
toown
certain
high-end
residential
properties,
including
homes
valued
between
approximately
$6,255,000
and
$17,000,000
(the
“High-End
Properties”)
b.HOLMES
resided
andwas
authorized
toreceive
mail
at
certainaddresses
in
Virginia,
North
Carolina,
New
York,
Maryland,
andelsewhere
(the
“Addresses”)
c.
HOLMESwould
gainaccess
within
a
short
periodof
timetoassets
of
greatvalue,
including
as
soonas
the
nextfew
days
(the
“Funds”);
d.
HOLMES
required
financial
assistance
from
the
Victims
untilshewas
in
possession
ofthe
Funds;
and
e.HOLMES
intended
to
usetheFunds
(1)
to
purchase
specificadditional
high-end
residential
properties,
including
residences
offered
for
salefor
approximately
$400,000
to$15,000,000,
which
purchaseswould
result
in
financial
gains
totheVictims,
and/or
(2)
to
paymoney
that
sheowed
to
the
Victims.

3.Atalltimes
relevant
tothis
Indictment,
ALICIA
HOLMES,
a/k/a“Alicia
Pimentel,”
a/k/a“Alicia
Xiomara
de
Pimentel,”
a/k/a“Alicia
Ferrer,”
a/k/a
“Alicia
De
Pimentel,”
a/k/a
“AnnaAlicia,”
a/k/a
“Sybil
Figuerra,”
a/k/a
“Alicia
Figueroa,”
a/k/a
“AnnaFerrer,”
the
defendant,
didnothave
or
reasonably
expect
to
have
access
totheFunds;
did
notown
and
was
not
abouttoown
theHigh-End
Properties;
did
notreside
at
andwasnot
authorized
toreceive
mail
atthe
Addresses;
andknew
the
representations
described
inparagraph
2
of
this
Indictment
were
false
atthetime
shemade
them.
4.
Asaresult
of
oneormore
of
the
false
representations
described
in
paragraph
2of
this
Indictment,
ALICIA
HOLMES,
a/k/a“Alicia
Pimentel,”
a/k/a
“Alicia
Xiomara
de
Pimentel,”
a/k/a
“AliciaFerrer,”
a/k/a
“Alicia
De
Pimentel,”
a/k/a
“AnnaAlicia,”
a/k/a
“Sybil
Figuerra,”
a/k/a
“Alicia
Figueroa,”
a/k/a
“AnnaFerrer,”
the
defendant,
fraudulently
obtained
money,property,
services,
and
accommodation
from
the
Victims
andcaused
theVictims
toincur
financial
losses.
StatutoryAllegation
5.From
atleast
inor
about
April
2007
through
inor
aboutMay2011,
inthe
Southern
District
ofNew
York
and
elsewhere,
ALICIAHOLMES,
a/k/a
“Alicia
Pimentel,”
a/k/a
“Alicia
Xiomara
dePimentel,”
a/k/a
“Alicia
Ferrer,”
a/k/a
“Alicia
IDe
Pimentel,”
a/k/a“Anna
Alicia,”
a/k/a
“Sybil
Figuerra,”
a/k/a
“AliciaFigueroa,”
a/k/a
“Anna
Ferrer,”
the
defendant,
including

while
onrelease
pursuant
toan
order
of
the
United
States
District
Court
for
the
Southern
District
of
New
York,
dated
on
or
about
May
5,2010,
willfully
and
knowingly,
having
devised
and
intending
todevise
a
scheme
and
artifice
to
defraud,
andfor
obtaining
money
and
property
by
means
of
false
and
fraudulent
pretenses,
representations,
and
promises,
transmitted
and
caused
to
be
transmitted
bymeans
ofwire,
radio,
and
television
communication
in
interstate
and
foreign
commerce,
writings,
signs,
signals,
pictures,
and
sounds
for
the
purpose
of
executing
such
scheme
and
artifice,
towit,
forthe
purpose
of
executing
the
scheme
to
defraud
set
forth
in
paragraphs
1
through
4above,
HOLMES
made
false
and
fraudulent
representations
in
interstate
emails
and
interstate
telephone
calls
and
thereby
obtained
money,
property,
services,
and
accommodation
under
false
pretenses.
(Title
18,
United
States
Code,
Sections
1343
and
3147(1).)
COUNT
TWO
(Mail
Fraud)
The
Grand
Jury
further
charges:
6.
The
allegations
contained
in
paragraphs
1
through
4
above
arehereby
repeated,
realleged,
and
incorporated
by
reference
asif
fully
set
forth
herein.
7.
From
atleast
inor
about
September
2008
through
in
orabout
May
2011,
in
the
Southern
District
ofNew
York
and
elsewhere,
ALICIA
HOLMES,
a/k/a
“Alicia
Pimentel,”
a/k/a
“Alicia
Xiomara
de
Pimentel,”
a/k/a
“Alicia
Ferrer,”
a/k/a
“Alicia
De
4

Pimentel,”
a/k/a
“Anna
Alicia,”
a/k/a
“Sybil
Figuerra,”
a/k/a
“Alicia
Figueroa,”
a/k/a
“Anna
Ferrer,”
the
defendant,
including
while
onrelease
pursuant
toan
order
of
the
United
States
District
Court
for
the
Southern
District
ofNew
York,
dated
onor
about
May
5,2010,
willfully
and
knowingly,
having
devised
and
intending
todevise
a
scheme
and
artifice
to
defraud,
and
for
obtaining
money
andproperty
bymeans
offalse
and
fraudulent
pretenses,
representations,
and
promises,
for
the
purpose
of
executing
such
scheme
and
artifice
and
attempting
so
todo,
did
place
ina
postoffice
and
authorized
depository
formail
matter,
matters
and
things
tobe
sentand
delivered
by
thePostal
Service,
and
diddeposit
and
causeto
be
deposited
matters
and
things
tobe
sent
and
delivered
by
private
and
commercial
interstate
carriers,
and
did
take
anddid
receive
therefrom,
and
did
cause
tobe
delivered
bymail
and
such
carriers,
according
to
the
direction
thereon,
such
matters
and
things,
towit,
for
the
purpose
of
executing
the
scheme
to
defraud
set
forth
in
paragraphs
1
through
4above,
HOLMES
caused
individuals,
including,
in
orabout
September
and
October
2008,
school
administrators
ata
private
school
in
Tuxedo
Park,
New
York,
to
send
matters
via
the
United
States
Postal
Service.
(Title
18,
United
States
Code,
Sections
1341
and
3147(1).)

COUNT
THREE
(Fictitious
Name
or
Address>
The
Grand
Jury
further
charges:
8.
The
allegations
contained
in
paragraphs
1
through
4
above
are
hereby
repeated,
realleged,
and
incorporated
by
reference
as
if
fully
set
forth
herein.
9.
Onor
about
September
18,
2008,
in
the
Southern
District
ofNew
York
and
elsewhere,
ALICIA
HOLMES,
a/k/a
“Alicia
Pimentel,”
a/k/a
“Alicia
Xiomara
de
Pimentel,”
a/k/a
“Alicia
Ferrer,”
a/k/a
“Alicia
De
Pimentel,”
a/k/a
“Anna
Alicia,”
a/k/a
“Sybil
Figuerra,”
a/k/a
“Alicia
Figueroa,”
a/k/a
“Anna
Ferrer,”
the
defendant,
knowingly,
for
the
purpose
of
conducting,
promoting,
and
carrying
on
by
means
of
the
Postal
Service,
any
scheme
and
device
mentioned
in
Title
18,
United
States
Code,
Section
1341
and
any
other
unlawful
business,
used
and
assumed,
and
requested
to
be
addressed
by,
a
fictitious,
false,
and
assumed
title,
name,
and
address
and
name
other
than
her
own
proper
name,
to
wit,
HOLMES
provided
a
false
and
assumed
address
as
ahome
and
billing
address
to
a
private
school
in
Tuxedo
Park,
New
York
for
the
purpose
of
conducting,
promoting,
and
carrying
on
bymeans
ofthe
Postal
Service
the
scheme
to
defraud
set
forth
in
Counts
One
and
Two
of
this
Indictment.
(Title
18,
United
States
Code,
Section
1342.)
6

FORFEITURE
ALLEGATION
AS
TO
COUNTS
ONEAND
TWO
10.As
aresult
of
committing
the
offenses
charged
in
Counts
One
andTwo
ofthis
Indictment,
ALICIA
HOLMES,
a/k/a
“Alicia
Pimentel,”
a/k/a
“Alicia
Xiomara
de
Pimentel,”
a/k/a
“Alicia
Ferrer,”
a/k/a
“Alicia
IDe
Pimentel,”
a/k/a
“Anna
Alicia,”
a/k/a
“Sybil
Figuerra,”
a/k/a
“Alicia
Figueroa,”
a/k/a
“Anna
Ferrer,”
the
defendant,
shall
forfeit
tothe
United
States
pursuant
toTitle
18,
United
States
Code,
Section
981(a)
(1)
(C)
andTitle
28,
United
States
Code,
Section
2461,
all
property,
real
and
personal,
that
constitutes
or
is
derived
from
proceeds
traceable
to
the
commission
ofthe
offenses.
Substitute
Asset
Provision
11.
If
any
ofthe
above-described
forfeitable
property,
as
aresult
ofany
act
or
omission
ofthe
defendant:
(1)
cannot
be
located
upon
the
exercise
of
due
diligence;
(2)
has
been
transferred
or
sold
to,
or
deposited
with,
a
third
person;
(3)
has
been
placed
beyond
the
jurisdiction
of
the
Court;
(4)
has
been
substantially
diminished
in
value;
or
(5)
has
been
commingled
with
other
property
which
cannot
be
subdivided
without
difficulty;
it
is
the
intent
of
the
United
States,
pursuant
to
Title
21,
United
States
Code,
Section
7

853(p),
toseek
forfeiture
of
any
other
property
ofthe
defendant
upto
the
value
of
theabove
forfeitable
property.
(Title
18,
United
States
Code,
Section
981;
Title
21,
United
States
Code,
Section
853;
and
Title
28,
United
States
Code,
Section
2461.)
___________
*
FOREPERSON
PREET
BI-IARARA
United
States
Attorney

UNITED
STATES
DISTRICT
COURT
SOUTHERN
DISTRICT
OF
NEWYORK
UNITED
STATES
OF
AMERICA
-V.-
ALICIA
HOLMES,
a/k/a
“Alicia
Pimentel,”
a/k/a
“Alicia
Xiomara
de
Pimentel,”
a/k/a
“Alicia
Ferrer,”
a/k/a
“Alicia
De
Pimentel,”
a/k/a
“Anna
Alicia,”
a/k/a
“Sybil
Figuerra,”
a/k/a
“Alicia
Figueroa,”
a/k/a
“Anna
Ferrer,”
Defendant.
IND
ICTMENT
S2
10
Cr.
1149
(KMK)
(18
U.S.C.
§
981,
1341,
1342,
1343,
3147(1);
21
U.S.C.
§
853;
28
U.S.C.
§
2461)
PREET
BHARARA
United
States
Attorney,
A
TRUE
BILL
Fore
erson.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

x

UNITED STATES OF AMERICA
INDICTMENT

- V. -

S2 10 Cr. 1149 (KMK)
ALICIA HOLMES,

a/k/a “Alicia Pimentel,”
a/k/a “Alicia Xiomara de Pimentel,”
a/k/a “Alicia Ferrer,”
a/k/a “Alicia De Pimentel,” : USDCSDNY

a/k/a “Anna Alicia,” DOE’

a/k/a “Sybil Figuerra,” LD

a/k/a “Alicia F±gueroa,”
a/k/a “Anna Ferrer,”

Defendant.

x

COUNT ONE

(Wire Fraud)

The Grand Jury charges:

The Scheme to Defraud

1. From at least in or about April 2007 through in or

about May 2011, ALICIA HOLMES, a/k/a “Alicia Pimentel,” a/k/a

“Alicia Xiomara de Pimentel,” a/k/a “Alicia Ferrer,” a/k/a

“Alicia De Pimentel,” a/k/a “Anna Alicia,” a/k/a “Sybil

Figuerra,” a/k/a “Alicia Figueroa,” a/k/a “Anna Ferrer,” the

defendant, devised and operated a fraudulent scheme by which she

obtained money, property, services, and accommodation from

various individuals and entities, including, but not limited to,

hotel managers and staff, real estate brokers, property builders,

home owners, and school administrators (the “Victims”) by making

false and fraudulent representations to the Victims in emails,

Case 7:10-cr-01149-KMK   Document 51    Filed 12/06/12   Page 1 of 9



telephone calls, contracts, promissory notes, and letters.

2. In furtherance of the scheme to defraud, ALICIA

HOLMES, a/k/a “Alicia Pimentel,” a/k/a “Alicia Xiomara de

Pimentel,” a/k/a “Alicia Ferrer,” a/k/a “Alicia De Pimentel,”

a/k/a “Anna Alicia,” a/k/a “Sybil Figuerra,” a/k/a “Alicia

Figueroa,” a/k/a “Anna Ferrer,” the defendant, represented to the

Victims, in substance and in part, that:

a. HOLMES owned and/or was about to own certain

high-end residential properties, including homes valued between

approximately $6,255,000 and $17,000,000 (the “High-End

Properties”)

b. HOLMES resided and was authorized to receive

mail at certain addresses in Virginia, North Carolina, New York,

Maryland, and elsewhere (the “Addresses”)

c. HOLMES would gain access within a short

period of time to assets of great value, including as soon as the

next few days (the “Funds”);

d. HOLMES required financial assistance from the

Victims until she was in possession of the Funds; and

e. HOLMES intended to use the Funds (1) to

purchase specific additional high-end residential properties,

including residences offered for sale for approximately $400,000

to $15,000,000, which purchases would result in financial gains

to the Victims, and/or (2) to pay money that she owed to the

Victims.

Case 7:10-cr-01149-KMK   Document 51    Filed 12/06/12   Page 2 of 9



3. At all times relevant to this Indictment, ALICIA

HOLMES, a/k/a “Alicia Pimentel,” a/k/a “Alicia Xiomara de

Pimentel,” a/k/a “Alicia Ferrer,” a/k/a “Alicia De Pimentel,”

a/k/a “Anna Alicia,” a/k/a “Sybil Figuerra,” a/k/a “Alicia

Figueroa,” a/k/a “Anna Ferrer,” the defendant, did not have or

reasonably expect to have access to the Funds; did not own and

was not about to own the High-End Properties; did not reside at

and was not authorized to receive mail at the Addresses; and knew

the representations described in paragraph 2 of this Indictment

were false at the time she made them.

4. As a result of one or more of the false

representations described in paragraph 2 of this Indictment,

ALICIA HOLMES, a/k/a “Alicia Pimentel,” a/k/a “Alicia Xiomara de

Pimentel,” a/k/a “Alicia Ferrer,” a/k/a “Alicia De Pimentel,”

a/k/a “Anna Alicia,” a/k/a “Sybil Figuerra,” a/k/a “Alicia

Figueroa,” a/k/a “Anna Ferrer,” the defendant, fraudulently

obtained money, property, services, and accommodation from the

Victims and caused the Victims to incur financial losses.

Statutory Allegation

5. From at least in or about April 2007 through in or

about May 2011, in the Southern District of New York and

elsewhere, ALICIA HOLMES, a/k/a “Alicia Pimentel,” a/k/a “Alicia

Xiomara de Pimentel,” a/k/a “Alicia Ferrer,” a/k/a “Alicia IDe

Pimentel,” a/k/a “Anna Alicia,” a/k/a “Sybil Figuerra,” a/k/a

“Alicia Figueroa,” a/k/a “Anna Ferrer,” the defendant, including

Case 7:10-cr-01149-KMK   Document 51    Filed 12/06/12   Page 3 of 9



while on release pursuant to an order of the United States

District Court for the Southern District of New York, dated on or

about May 5, 2010, willfully and knowingly, having devised and

intending to devise a scheme and artifice to defraud, and for

obtaining money and property by means of false and fraudulent

pretenses, representations, and promises, transmitted and caused

to be transmitted by means of wire, radio, and television

communication in interstate and foreign commerce, writings,

signs, signals, pictures, and sounds for the purpose of executing

such scheme and artifice, to wit, for the purpose of executing

the scheme to defraud set forth in paragraphs 1 through 4 above,

HOLMES made false and fraudulent representations in interstate

emails and interstate telephone calls and thereby obtained money,

property, services, and accommodation under false pretenses.

(Title 18, United States Code, Sections 1343 and 3147(1).)

COUNT TWO

(Mail Fraud)

The Grand Jury further charges:

6. The allegations contained in paragraphs 1 through

4 above are hereby repeated, realleged, and incorporated by

reference as if fully set forth herein.

7. From at least in or about September 2008 through

in or about May 2011, in the Southern District of New York and

elsewhere, ALICIA HOLMES, a/k/a “Alicia Pimentel,” a/k/a “Alicia

Xiomara de Pimentel,” a/k/a “Alicia Ferrer,” a/k/a “Alicia De

4

Case 7:10-cr-01149-KMK   Document 51    Filed 12/06/12   Page 4 of 9



Pimentel,” a/k/a “Anna Alicia,” a/k/a “Sybil Figuerra,” a/k/a

“Alicia Figueroa,” a/k/a “Anna Ferrer,” the defendant, including

while on release pursuant to an order of the United States

District Court for the Southern District of New York, dated on or

about May 5, 2010, willfully and knowingly, having devised and

intending to devise a scheme and artifice to defraud, and for

obtaining money and property by means of false and fraudulent

pretenses, representations, and promises, for the purpose of

executing such scheme and artifice and attempting so to do, did

place in a post office and authorized depository for mail matter,

matters and things to be sent and delivered by the Postal

Service, and did deposit and cause to be deposited matters and

things to be sent and delivered by private and commercial

interstate carriers, and did take and did receive therefrom, and

did cause to be delivered by mail and such carriers, according to

the direction thereon, such matters and things, to wit, for the

purpose of executing the scheme to defraud set forth in

paragraphs 1 through 4 above, HOLMES caused individuals,

including, in or about September and October 2008, school

administrators at a private school in Tuxedo Park, New York, to

send matters via the United States Postal Service.

(Title 18, United States Code, Sections 1341 and 3147(1).)

Case 7:10-cr-01149-KMK   Document 51    Filed 12/06/12   Page 5 of 9



COUNT THREE
(Fictitious Name or Address>

The Grand Jury further charges:

8. The allegations contained in paragraphs 1 through

4 above are hereby repeated, realleged, and incorporated by

reference as if fully set forth herein.

9. On or about September 18, 2008, in the Southern

District of New York and elsewhere, ALICIA HOLMES, a/k/a “Alicia

Pimentel,” a/k/a “Alicia Xiomara de Pimentel,” a/k/a “Alicia

Ferrer,” a/k/a “Alicia De Pimentel,” a/k/a “Anna Alicia,” a/k/a

“Sybil Figuerra,” a/k/a “Alicia Figueroa,” a/k/a “Anna Ferrer,”

the defendant, knowingly, for the purpose of conducting,

promoting, and carrying on by means of the Postal Service, any

scheme and device mentioned in Title 18, United States Code,

Section 1341 and any other unlawful business, used and assumed,

and requested to be addressed by, a fictitious, false, and

assumed title, name, and address and name other than her own

proper name, to wit, HOLMES provided a false and assumed address

as a home and billing address to a private school in Tuxedo Park,

New York for the purpose of conducting, promoting, and carrying

on by means of the Postal Service the scheme to defraud set forth

in Counts One and Two of this Indictment.

(Title 18, United States Code, Section 1342.)

6

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FORFEITURE ALLEGATION AS TO COUNTS ONE AND TWO

10. As a result of committing the offenses charged in

Counts One and Two of this Indictment, ALICIA HOLMES, a/k/a

“Alicia Pimentel,” a/k/a “Alicia Xiomara de Pimentel,” a/k/a

“Alicia Ferrer,” a/k/a “Alicia IDe Pimentel,” a/k/a “Anna Alicia,”

a/k/a “Sybil Figuerra,” a/k/a “Alicia Figueroa,” a/k/a “Anna

Ferrer,” the defendant, shall forfeit to the United States

pursuant to Title 18, United States Code, Section 981(a) (1) (C)

and Title 28, United States Code, Section 2461, all property,

real and personal, that constitutes or is derived from proceeds

traceable to the commission of the offenses.

Substitute Asset Provision

11. If any of the above-described forfeitable

property, as a result of any act or omission of the defendant:

(1) cannot be located upon the exercise of due

diligence;

(2) has been transferred or sold to, or deposited

with, a third person;

(3) has been placed beyond the jurisdiction of the

Court;

(4) has been substantially diminished in value; or

(5) has been commingled with other property which

cannot be subdivided without difficulty; it is the intent of the

United States, pursuant to Title 21, United States Code, Section

7

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853(p), to seek forfeiture of any other property of the defendant

up to the value of the above forfeitable property.

(Title 18, United States Code, Section 981;
Title 21, United States Code, Section 853; and
Title 28, United States Code, Section 2461.)

___________

*
FOREPERSON PREET BI-IARARA

United States Attorney

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

-V. -

ALICIA HOLMES,
a/k/a “Alicia Pimentel,”

a/k/a “Alicia Xiomara de Pimentel,”
a/k/a “Alicia Ferrer,”

a/k/a “Alicia De Pimentel,”
a/k/a “Anna Alicia,”

a/k/a “Sybil Figuerra,”
a/k/a “Alicia Figueroa,”

a/k/a “Anna Ferrer,”

Defendant.

IND I CTMENT

S2 10 Cr. 1149 (KMK)

(18 U.S.C. § 981, 1341, 1342, 1343, 3147(1);
21 U.S.C. § 853; 28 U.S.C. § 2461)

PREET BHARARA
United States Attorney,

A TRUE BILL

Fore erson.

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