U.S. District Judge Michael Barrett sentenced the 29-year-old on Friday afternoon, also ordering him to serve 36 months on supervised release once he’s released from prison.
EARLIER REPORT (Nov. 4)
Lance Ealy of Dayton could spend decades in prison for skipping out on his trial in federal court, a decision that led to his becoming a fugitive, as well as his scheme to defraud the government by filing dozens of fraudulent federal income tax returns.
U.S. District Judge Thomas M. Rose, who convened a bench trial that took place Oct. 22, announced the verdict Wednesday afternoon, the office of Carter M. Stewart, United States Attorney for the Southern District of Ohio, said.
Ealy, 29, was convicted in November 2014 by a jury in the Southern District of Ohio of buying stolen identities online and using them to file more than 150 fraudulent federal income tax returns for returns. He failed to appear for trial on Nov. 17, 18 and 19 of that year and was declared a fugitive on Nov. 15, 2014, after he removed his electronic monitoring device and fled. He was under bond conditions when he did so.
Ealy eluded capture for four months until late March, when authorities caught up with him in Georgia.
According to trial testimony, Ealy between approximately January and October 2013 electronically filed at least 150 fraudulent federal income tax returns, including returns filed using the personal information of others that he had unlawfully acquired from an illicit online source.
He opened dozens of bank accounts at multiple financial institutions using the names and Social Security numbers of other individuals — without their knowledge or permission — to electronically deposit the fraudulent tax refunds.
The jury convicted Ealy of 46 charges (possible penalties in parentheses), including:
* 1 count of illegally possessing 15 or more unauthorized access devices (up to 10 years on each count),
* 11 counts of filing false claims for income tax refunds with the IRS (up to 5 years on each count),
* 14 counts of wire fraud (up to 20 years on each count),
* 14 counts of aggravated identity theft (up to 20 years on each count),
* 1 count of mail fraud (up to 20 years),
* 1 count of using unauthorized access devices to obtain $1,000 or more in a one-year period. An access device includes things such as payment cards and bank account numbers used to access financial accounts.
Additionally, sentencing guidelines call for mandatory two-year sentences on each count of aggravated identity theft and each must run consecutive to whatever sentence may ultimately be handed down. Each count of conviction also carries a fine of up to $250,000.
Ealy is to be sentenced Nov. 20 in the tax returns case.
In the bench trial on the failure to appear case, Ealy could get up to 10 years. Each conviction must run consecutive to the sentence of imprisonment for any other offense.
Ealy is to be sentenced Feb. 6, 2016, in the failure to appear case.