PHOENIX – LAWFUEL – The Legal Newswire – Gerald Allen Phillips, a.k….

PHOENIX – LAWFUEL – The Legal Newswire – Gerald Allen Phillips, a.k.a. Adam Joseph Bolander, 46, of Tucson, pleaded guilty here on June 25 to the felony offenses of Escape, Social Security Fraud and Material False Statement to the Postal Service, in U.S. District Court before Judge Susan R. Bolton.

In the course of his guilty pleas, Phillips admitted the following facts. With respect to the escape charge, Phillips was originally sentenced on May 30, 2003 to the custody of the Bureau of Prisons under the assumed identity of Adam Joseph Bolander to 36 months imprisonment, to be followed by 48 months of supervised release, for Conspiracy to Possess with Intent to Distribute Marijuana. Phillips was to be released from custody on February 5, 2005, via a good conduct release. On August 10, 2004, Phillips was designated to serve a portion of his sentence at Dismas Charities, a work release facility located in Tucson. On August 17, 2004, Phillips signed out of the facility for a work related activity and never returned.

With respect to the Social Security fraud charge, on March 9, 2005, Phillips assumed the identity of a Robert Smith for the purpose of obtaining a PayPal credit account. In the course of completing a PayPal credit account application, Phillips used the alias Robert Smith, and falsely represented his own social security number as the number actually to the true person named Robert Smith.

With respect to the Material False Statement to the Postal Service offense, on March 16, 2005, Phillips, a.k.a. Roger Smith, made a false statement on a Postal Service delivery form by claiming that he was Roger Smith. Phillips admitted that he made the statement in order receive mail related to a credit card account addressed to Robert Smith. Along with his guilty pleas to the three felony offenses, Phillips agreed to pay restitution to Robert Smith, along with other victims, for losses he caused through financial fraud and assuming the identity of others.

Convictions for Escape, Social Security Fraud and Material False Statement to the Postal Service each carry a maximum penalty of five years, a $250,000.00 fine or both.

In determining an actual sentence, Judge Bolton will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

Sentencing is set before Judge Bolton on Monday, September 24, 2007, at 2:30 p.m.

The investigation in this case was conducted by the U.S. Marshals Service, U.S. Postal Inspection Service, U.S. Social Security Administration and Phoenix Police Department. The
prosecution is being handled by Frederick A. Battista and Bev Anderson, Assistant U.S. Attorneys, District of Arizona, Phoenix and Tucson, Ariz.

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