Special Assistant U.S. Attorney Jeffrey D. Hill (619) 546-7924
NEWS RELEASE SUMMARY – December 9, 2019
SAN DIEGO – Almamy Baba Ly was sentenced in federal court this morning to 30 months in prison for misusing the identity of a deceased American citizen for 31 years in order to obtain identification documents and thousands of dollars in federal, state and local government benefits.
U.S. District Judge Anthony J. Battaglia also ordered Ly, 63, to pay restitution of $88,551 to the U.S. Department of Education and the County of San Diego. Ly will likely be deported at the conclusion of his prison sentence.
Ly pleaded guilty on September 12, 2019, admitting that he assumed the identity of Lyle Lindsey in 1988. Lindsey, a native San Diegan and the son of a military veteran, died in a tragic automobile accident as a toddler in 1957. Ly admitted that he actually was born in Senegal in 1955, that he lacked any legal status in the United States, and that in 1988 he used an altered copy of Lindsey’s birth certificate to apply for a Social Security number and a California Identification Card and Driver’s License. Ly thereafter committed many crimes, including drug sales and robbery, and went to prison under Lyle Lindsey’s identity on multiple occasions. Ly also admitted that he used Lindsey’s identity to apply for and receive federal student loans and Pell Grants, and CalFresh/Supplemental Nutrition Assistance Program benefits that he was not legally entitled to receive.
“I commend the work of Special Assistant U.S. Attorney Jeffrey Hill and our law enforcement partners in stopping this decades-long fraud and bringing to justice a man who exploited the identity of an American citizen,” said United States Attorney Robert Brewer. “This prison sentence sends a message to those who commit fraud and identity theft: There will be consequences, and your crimes will not go unpunished.”
On behalf of the United States Border Patrol, San Diego Deputy Chief Patrol Agent Aaron M. Heitke said: “I am proud of the hard work and tenacity that has led to the conviction and now sentencing of this man, who has broken U.S. laws for over 30 years.”
In July 2019, U.S. Border Patrol agents served a search warrant and arrested Ly at his residence in La Mesa, California. During the search, agents seized a recently-issued Senegalese national identification card that revealed Ly’s true name and date of birth. The arrest and search warrant were the culmination of a lengthy investigation by the Border Patrol, with the assistance of the California Department of Motor Vehicles, the Department of State, and the United States Embassy and Homeland Security Investigations in Dakar, Senegal.
DEFENDANT Case Number 19-cr-2864-AJB
Almamy Baba Ly La Mesa, California.
SUMMARY OF CHARGES
Unlawful Production of an Identification Document – Title 18, U.S.C., Section 1028(a)(1)
Theft of Public Property – Title 18, U.S.C., Section 641
AGENCIES
United States Border Patrol – Sector Intelligence Unit / Chula Vista Station
United States Homeland Security Investigations
California Department of Motor Vehicles Investigations Division
Bureau of Public Assistance Investigations, County of San Diego
Special Assistant U.S. Attorney Jeffrey D. Hill (619) 546-7924
NEWS RELEASE SUMMARY – September 12, 2019
SAN DIEGO – Almamy Baba Ly pleaded guilty in federal court today to identity theft charges, admitting that he misused the identity of a deceased American citizen for 31 years in order to obtain identification documents and thousands of dollars in federal, state and local government benefits.
During a hearing before U.S. Magistrate Judge Jill L. Burkhardt, Ly acknowledged that in 1988 he assumed the identity of Lyle Lindsey, a native San Diegan and son of a military veteran, who died in a tragic automobile accident as a toddler in 1957. Ly admitted that he was born in Senegal, that he was without legal status to reside in the United States, and that he used an altered copy of Lindsey’s birth certificate to apply first for a Social Security number and then for a California Identification Card and Driver’s License. Over the next 31 years, Ly was convicted of numerous crimes, including drug sales and robbery, under Lyle Lindsey’s identity.
Ly also pleaded guilty to Receiving Stolen Public Money, admitting that from 2012 until 2019, he used Lindsey’s identity to apply for and receive over $80,000 in federal student loans and Pell Grants. In his plea agreement, Ly also admitted to applying for CalFresh / Supplemental Nutrition Assistance Program (SNAP) benefits in 2017 as Lindsey, and to thereafter receiving thousands of dollars in benefits that he was not legally entitled to receive.
In July 2019, United States Border Patrol agents simultaneously served a search warrant and arrested Ly at his residence in La Mesa, California. During the search, agents seized a recently issued Senegalese national identification card with Ly’s true name and date of birth. The arrest and search warrant were the culmination of a lengthy investigation by the United States Border Patrol, with the assistance of the California Department of Motor Vehicles, the Department of State, and the United States Embassy and Homeland Security Investigations in Dakar, Senegal.
“This was an especially sophisticated and devious fraud that victimized U.S. taxpayers for decades and forced a family to revisit a traumatic loss,” said U.S. Attorney Robert Brewer. “Finding out that someone is committing crimes in the name of a child who was lost many years ago brings unacceptable anxiety to his survivors. Identity thieves target hundreds of thousands of deceased Americans every year, but I’m proud to say that because of the efforts of federal agents and prosecutor Jeffrey Hill, one of the most egregious and enduring violators has been stopped.”
On behalf of the United States Border Patrol, San Diego Chief Patrol Agent Douglas E. Harrison stated: “I am grateful and proud of the tenacity, persistence, and hard work that our agents and law enforcement partners have demonstrated over the past several months, which have resulted in this conviction.”
As a part of his plea agreement, Ly agreed to make full restitution to the United States Department of Education and to the County of San Diego for the $88,551 in government benefits that he fraudulently obtained by his crimes. Ly faces up to 55 years in federal prison and a fine of up to $1 million at his sentencing before U.S. District Judge Anthony J. Battaglia on December 2, 2019.
DEFENDANT Case Number 19-cr-2864-AJB
Almamy Baba Ly La Mesa, California.
SUMMARY OF CHARGES
Unlawful Production of an Identification Document – Title 18, U.S.C., Section 1028(a)(1)
Maximum penalty: Fifteen years in prison, $250,000 fine
Theft of Public Property – Title 18, U.S.C., Section 641
Maximum penalty: Ten years in prison, $721,817.70 fine, restitution
AGENCIES
United States Border Patrol – Sector Intelligence Unit / Chula Vista Station
United States Homeland Security Investigations
California Department of Motor Vehicles Investigations Division
Bureau of Public Assistance Investigations, County of San Diego
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year