Illegal immigrant in U.S. since 1990 faces charges
A Mexican national in the U.S. illegally since 1990 faces federal charges for allegedly stealing his daughter's Social Security number to falsely claim citizenship, open a business bank account and get a temporary Hawaii identification card.
The daughter of Samuel Angel Nieto, aka 'Angel Nieto ' and 'Angel David Nieto Garcia, ' a native of Mazatlan, Mexico, told Homeland Security Investigations agents that she first discovered her father stole her identity when she filed taxes at the age of 18.
Her refund was sent to child support services in Hawaii, where Nieto allegedly fathered a son with another woman. Two of Nieto's ex-wives also allegedly told federal agents his mother and he are from Mexico.
Nieto allegedly claimed he was born in California and is believed to be 49 years old.
He was charged April 24 by federal criminal complaint with one count of making a false statement within the jurisdiction of a U.S. agency, three counts of making a false claim of U.S. citizenship, four counts of aggravated identity theft and one count of making a false statement to a federally insured financial institution.
Nieto submitted to detention Monday, according to federal court records. U.S. Magistrate Judge Wes Reber Porter granted the government's motion to detain him without bail until trial.
Assistant U.S. Attorney Michael F. Albanese is prosecuting the case. Nieto is being represented by the office of the Federal Public Defender.
Nieto's daughter told federal agents that she has suffered 'poor credit and that creditors have called her multiple times ' looking for her father.
Nieto allegedly entered the U.S. on July 17, 1990, on a tourist visa with his grandmother on a flight to Los Angeles, according to federal court documents.
'There is probable cause to believe that Nieto is not a United States citizen.
Additionally, there is probable cause that Nieto entered the United States on a non immigrant visa and remained in the country in violation of immigration law, ' wrote the HSI agent.
In December 2022 the HSI special agent in charge of Honolulu's Financial Investigations Group received intelligence from the Honolulu Police Department 'regarding several complaints to HPD against Nieto, ' according to court records.
An affidavit authored by an HSI agent did not reveal what information HPD shared with federal agents.
On June 8, 2022, Nieto allegedly used his daughter's Social Security number in submitting 'a State of Hawaii Identification Card Application for a REAL ID compliant Hawaii State Identification Card from the State of Hawaii Department of Motor Vehicles, ' according to the affidavit.
Nieto allegedly did 'willfully represent himself ' as an American during the application process.
On July 22, 2022, Nieto allegedly used his daughter's Social Security number to 'deceive and influence First Hawaiian Bank ' to approve an application for a business debit card on behalf of his general contracting business, Mi Tortuga LLC.
Nieto incorporated the domestic limited-liability company in 2017, and it remains active, according to records kept with the state Business Registration Division, Department of Commerce and Consumer Affairs.
On Oct. 2 he allegedly used his daughter's information on a state of Hawaii identification card application and was issued a limited-purpose state ID card.
Federal agents allegedly have documentation that includes various applications that all ask 'Are you a United States citizen ?' to which Nieto left a check mark in the answer box labeled 'Yes.'
Federal agents searched Nieto's criminal history in Idaho, Arizona and California, according to court rec ords, but did not disclose any offenses.
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