Men who stole $400,000 from a New York ATM system entered the United States illegally, officials say

Syracuse, NY – Six men accused of stealing more than $400,000 from banks and credit unions in Central New York and Upstate New York as part of an “ATM jackpotting” scheme are illegal, according to immigration officials entered the United States.

According to a spokesman for U.S. Immigration and Customs Enforcement, four are in the country illegally and two are here on parole after entering the country. The men entered via Texas and Arizona.

According to the U.S. Department of State, parole allows the entry and temporary residence of people who might otherwise not be allowed into the United States. This includes people who may seek asylum.

In ATM jackpotting, criminals use a device to infect ATMs with malware to force the machines to dispense all the cash they contain in a relatively short period of time – similar to hitting a jackpot on a casino slot machine, according to the U.S. Public Prosecutor’s Office.

According to the US Attorney’s Office, this type of crime was first reported in the United States in January 2018.

The U.S. Secret Service said in a report that jackpot attacks on ATMs were carried out this year by at least seven “criminal groups” in at least 15 states, including New York.

In November 2018, two men who were members of a Venezuelan crime syndicate were sent to federal prison as part of an ATM jackpot scheme, according to the U.S. Attorney’s Office. They robbed four ATMs in Indiana, Kentucky and Wisconsin and stole about $125,000 in cash. The men were sent to prison for 51 months.

The men charged with theft in New York state last year are Joelvis Jose Rivas-Solorzano, Silvio Fabian-Ordonez, Jose Medina, Jose Navarro, Deivy Santiago Pena-Rojas and Jefferson Jose Marquez-Marquez.

According to the U.S. Attorney’s Office, the men were charged with conspiracy to commit bank theft and four counts of bank theft.

Four of the men also face similar charges in another state, Southwick said.

Marquez-Marquez was arraigned in Belle Fourche, South Dakota. Medina, Navarro and Rivas-Solorzano are charged in Dearborn, Michigan.

According to the indictment, the group attacked four ATMs in Onondaga, Broome and Chenango counties from Dec. 10 to 16. The payouts were not tied to a specific customer account.

A criminal complaint filed against Pena-Rojas details how he and unnamed conspirators stole more than $200,000 from two Syracuse banks on Dec. 10 and 11.

At approximately 9:30 p.m. on Dec. 10, Pena-Rojas and a co-conspirator drove to the ATM at Empower Federal Credit Union, 3700 W. Genesee St., opened the ATM and installed a device in the ATM.

About 10 minutes later, another vehicle pulled up to the ATM and another person “inserted a card, pressed buttons and continuously collected the money dispensed until 10:35 p.m.,” the complaint states.

The two suspect vehicles drove away before later returning and conducting additional “transactions,” the complaint states.

After midnight, the group opened the ATM and “took something out,” they said. A total of $134,400 was stolen from the ATM that night.

The theft on Dec. 11 at Empower Federal Credit Union, 515 Erie Blvd. was carried out using an almost identical pattern, according to the complaint. A total of $150,020 was stolen that night.

Bank records showed the money was not tied to individual accounts, the complaint says. Instead, it was stolen straight from the bank.

The indictment alleges withdrawals of $48,000 from a GHS Federal Credit Union in Binghamton on Dec. 15 and $86,400 from a GHS Federal Credit Union in Norwich the next day.

All six men are in custody.

The men, all from Venezuela, were placed in an immigration detention center and would have to go to immigration court if they were released from custody in their criminal case, Assistant U.S. Attorney Richard Southwick said.

According to immigration officials, the men entered the United States as follows:

Illegal here

• Silvio Fabian Ordonez-Vasquez, 55, entered the United States illegally near Eagle Pass, Texas, on September 16, 2023.
• Jose Gregorio Navarro, 31, unlawfully entered the United States near McAllen, Texas on December 31, 2021. In January, an immigration judge ordered Navarro deported from the United States
• Deivy Santiago Pena Rojas, 22, entered the United States illegally on August 8, 2022 near the port of entry in San Luis, Arizona.
• Jefferson Jose Marquez Marquez, 30, entered the United States illegally on May 14 near El Paso, Texas.

On probation

• Joelvis Jose Rivas-Solorzano, 28, entered the country near Brownsville, Texas, where he encountered an immigration officer on February 25, 2023. He was released into this country.
• Jose Jesus Medina-Landaez, 36, entered the United States on July 5, 2022, near Eagle Pass, Texas, where he encountered an immigration officer. He was released into this country.