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Woman Using Bitcoin to Steal iPhones Got Deferred Prosecution Co-D Wants Time Served

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Dec 4 – Joel Pena pled guilty to identity theft in a conspiracy involving buying personal identifying information over the Dark Web with Bitcoin then using the information get get iPhones and resell them in The Bronx.   He was sentenced to 24 months in prison.

He contracted COVID-19 is and asking U.S. District Court for the Southern District of New York Judge Ronny Abrams to grant him compassionate release. 

 In a letter filed on Christmas Eve, Pena's once and again CJA lawyer William J. Stampur tells Judge Abrams that "two weeks ago, Mr. Pena tested positive for COVID-19... he was removed from his unit to a 'quarantine unit' with other inmates who supposedly were infected. On December 21, the last time counsel had the opportunity to talk with Mr. Pena, he was once again in quarantine in another 'quarantine unit' without a functioning toilet." 

  On January 18, more than three weeks later, the US Attorney's Office replied that "while defendant tested positive for COVID-19 in early December, he did not experience any symptoms and tested negative on or about December 18, 2020, prior to the filing of the Motion."

  They also quote Pena, when arrested, asking "Who give me up? Bitc*es can't do their time."

On December 13, 2021 co-defendant Joandra Tejada Gonzalez came before Judge Abrams and got a deferred prosecution agreement: "after a thorough investigation it has been determined that the interests of the US and your own interest will best be served by deferring prosecution." She is jointly and severally liable to AT&T, however, for $27,539.68.

Jump cut to October 9, 2024 when Concepcion Aquino, still detained, pled guilty: "Minute Entry for proceedings held before Judge Ronnie Abrams: Change of Plea Hearing as to Isaac Concepcion Aquino held on 10/9/2024. Plea entered by Isaac Concepcion Aquino (1) Guilty as to Count 1.  Defendant pleads guilty to Count One of the Indictment. Sentencing is scheduled for December 18, 2024 at 11:00 a.m. Defendant shall remain detained pending sentencing."

On December 4 Concepcion Aquino's lawyer wrote in asking for time served on December 18.

 The case is US v. Concepcion Aquino, et al., 18-cr-640 (Abrams)

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