US District Judge Margaret R. Guzman sentenced Fernandez Vicioso to two years in prison, followed by three years of supervised release. Fernandez Vicioso also must pay $1.1 million in restitution and forfeit $1.1 million, Foleyās office said.
Fernandez Vicioso was charged in February along with three co-conspirators ā his brother, an employee, and her partner.
Fernandez Viciosoās brother, Joel Vicioso Fernandez, 42, of Fitchburg, is exploring a plea agreement, court filings show. Prosecutors have asked to have until Oct. 30 to work the case out.
Coralba Albarracin Siniva, 24, and Roman Vequiz Fernandez, 32, have fled Massachusetts, according to court documents.
The couple is from Venezuela but lived in Leominster. In June, they each pleaded guilty and were set to be sentenced on Sept. 22, court filings show.
Their sentencing hearing was canceled, and prosecutors have asked to have until Nov. 19 to determine the whereabouts of Albarracin Siniva and Vequiz Fernandez, court records said.
Prosecutors allege that Fernandez Vicioso bought and stole personal identification of more than 100 people to apply for food assistance for low-income residents in Massachusetts and Rhode Island. The applications were for 24 supposed households that listed addresses for two apartments in Providence and El Primo Restaurant in Leominster.
Many of the IDs were stolen from Connecticut, Florida, Kentucky, New Jersey, New York, Pennsylvania, and Puerto Rico, prosecutors said.
Fernandez Vicioso fraudulently received more than $440,000 from the Supplemental Nutrition Assistance Program, known as SNAP, which they spent at BJās Wholesale Club and various supermarkets, according to charging documents.
Prosecutors said Fernandez Vicioso and his co-conspirators used the SNAP benefits to buy large quantities of chicken, beef, pork, and other goods to stock the restaurant.
āWith their supplies obtained for free through fraudulent SNAP benefits, they sold menu items at El Primo Restaurant at a complete profit,ā Foleyās office said in a statement.
The proceeds of the fraud were wired to Venezuela and the Dominican Republic, prosecutors said.
They used stolen identification āto exploit states permitting online applications for SNAP benefits without requiring in-person interviews,ā court filings said.
Between April 2020 and December 2021, Fernandez Vicioso and his associates submitted fraudulent applications under at least 29 different identities in Massachusetts, New York, Pennsylvania, Ohio, Washington, and Nevada, for pandemic unemployment assistance.
As a result, they received more than $700,000, Foleyās office said.
Tonya Alanez can be reached at tonya.alanez@globe.com. Follow her @talanez.
