Judge accepts one plea, rejects another

Two men accused of using stolen credit card numbers in a scheme involving gift cards appeared Monday morning in a Texarkana federal court.
Carlos Suyi Rodriguez, 27, appeared with Texarkana lawyer Jason Horton for a plea hearing before U.S. Magistrate Judge Caroline Craven. Rodriguez entered a guilty plea to a charge of conspiracy to possess more than 15 unauthorized access devices. Rodriguez admitted that he and co-defendant Roberto Hernandez flew from Miami, Florida, to Texas in September, according to a factual basis statement filed Monday in Rodriguez's case used to create the following account.
Rodriguez's plea basis states that he and Hernandez rented a car and drove to Texarkana from a Dallas airport. With them the men brought gift cards which had been reprogrammed with stolen credit card numbers. The men used the reconfigured gift cards at stores in the Texarkana area to buy more gift cards.
"We used other gift cards programmed with other account information because gift cards do not have a name imprinted like a credit card, so we were less likely to raise suspicion if found to be in possession of gift cards than if we had credit cards with other people's names on them," the factual basis states.
The men were arrested Sept. 24 after using the stolen credit card numbers to buy gift cards at Walmart in Wake Village, Texas. Inside the rental car, officers discovered a bevy of reprogrammed gift cards and newly purchased gift cards.
"Between those cards recovered from our persons and our vehicle, Hernandez and I had more than 30 gift cards or other access devices that were either (1) counterfeit because they contained the credit or debit information of someone we did not have authority from or (2) were unauthorized because they were gift cards purchased with funds belonging to others who had not given us permission to use those funds," the factual basis states.
Rodriguez's plea basis states that the men intended to sell the new gift cards for less than their actual face value upon returning to Miami and split the ill-gotten proceeds between them.
At Rodriguez's plea hearing Monday morning, Assistant U.S. Attorney Ryan Locker said Rodriguez's plea arrangement includes a 15-month term in federal prison and more than $8,000 in restitution. Craven allowed Rodriguez to remain free on an unsecured appearance bond.
Hernandez has been in custody since his arrest in September. He appeared before Craven with Texarkana lawyers Al Smith and Danny Cook shortly after Rodriguez left the courtroom.
Craven stopped Hernandez's plea hearing and took a recess because of his responses to questions from the court concerning his understanding of the proceedings. Hernandez referred to a diagnosis for depression and was unclear when asked if he was ready to proceed.
Craven returned to the bench a short time later and announced that the court would not accept Hernandez's plea Monday because of his answers to the court. Craven told Smith and Cook that if they believe their client is ready to enter a plea at a later date to notify the court and request a court date. Craven said a new date for Hernandez's case to go to trial will be scheduled soon.
Conspiracy to possess unauthorized access devices is punishable by up to 10 years in federal prison and a fine up to $250,000.
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