United States v. Valdarnini

314 F. Supp. 3d 1312
CourtDistrict Court, M.D. Florida
DecidedJuly 16, 2018
DocketCASE NO: 6:18-cr-34-Orl-40TBS
StatusPublished

This text of 314 F. Supp. 3d 1312 (United States v. Valdarnini) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Valdarnini, 314 F. Supp. 3d 1312 (M.D. Fla. 2018).

Opinion

PAUL G. BYRON, UNITED STATES DISTRICT JUDGE

This cause is before the Court on Defendant Valdarnini's Motion to Suppress evidence, (Doc. 35), and the Government's Response in Opposition, (Doc. 42). The Court held an evidentiary hearing on July 6, 2018. (Doc. 45). Upon due consideration of the pleadings and the testimony and exhibits offered during the evidentiary hearing, Defendant's Motion to Suppress is denied.

I. BACKGROUND1

Defendant Valdarnini rented room number 1618 at Disney's Art of Animation hotel, and he used an American Express credit card to secure the room. (Doc. 1, ¶ 6). On January 31, 2018, Walt Disney World ("WDW") investigator Cheryl Ann Regiacorte received an e-mail from the finance department informing her of a problem with the credit card used to pay for the hotel room. The finance department voiced its concern that the American Express credit card was being fraudulently used to transact purchases at the Disney *1314Springs shopping and dining complex. Investigator Regiacorte contacted American Express about the subject card and learned the card was being used to perpetrate a fraud. The credit card was issued on a Mexican bank and the address of the card holder was associated with a hotel in Miami. By the time Investigator Regiacorte was contacted by the finance department, the outstanding unpaid balance on the credit card was several thousand dollars.2 Accordingly, a hold was placed on the credit card.

Investigator Regiacorte notified WDW Investigator William Sims of the credit card fraud, and Investigator Sims testified that American Express will not allow Disney to retain the payments received by the holder of a fraudulently acquired credit card. After conferring with the manager of the hotel, they proceeded to the hotel room to conduct a security and wellness check of the room. (Doc. 1, ¶ 7). Investigator Regiacorte testified that it is not uncommon for a person to use a fraudulent credit card to secure a hotel room, which provides the guest certain services, and never occupy the room. The purpose of going to the hotel room was to determine whether the room was occupied and to speak with the occupants. Moreover, Investigator Regiacorte testified that Disney has a policy of taking control of hotel rooms when guests fail to make payment.

Before noon on January 31, 2018, Investigators Regiacorte and Sims knocked on the door to room 1618. (Id. ). When nobody answered the door, the investigators used a master key to gain entry. (Id. ). Upon entering the room, Investigators Regiacorte and Sims observed luggage and a significant number of plastic cards with magnetic strips, commonly called access cards, located on various counters and tables. (Id. ). Investigator Sims testified that the presence of numerous Disney passes was suspicious because only two individuals were listed on the reservation.3

Investigators Regiacorte and Sims are trained to recognize credit card fraud. Investigator Regiacorte has worked for Disney for the past fifteen years as a security investigator. Investigator Regiacorte training included a course of study provided by the Association of Certified Fraud Examiners, and she passed a four-part test to become certified. Similarly, Investigator Sims has extensive financial crime investigative experience, having worked for Disney as an investigator for the past 30 years. Both investigators have received training on the detection of credit card fraud by the United States Secret Service, and they both are familiar with Secret Service Special Agent ("SA") Chmiel and have his cellular phone number.

After the investigators observed what appeared to be evidence of credit card fraud in the hotel room, Investigator Sims called the Orlando Secret Service Office and SA Chmiel returned his call. Investigator Sims relayed to SA Chmiel that a guest had obtained a hotel room at the Art of Animation Resort using what appeared to be a fraudulent credit card. Investigator Sims explained that the dozens of access devices had been observed throughout the hotel room and told SA Chmiel that the guests had been locked out of the hotel room.

Investigator Regiacorte asked SA Chmiel to accompany her and hotel management to the room. Investigator Regiacorte knocked on the door of the room and, receiving no reply, used a master key to *1315gain entry. She invited SA Chmiel to enter the hotel room, (Doc. 1, ¶ 10), and he observed in plain view access devices on a table, countertop, and other services. SA Chmiel observed a suitcase that was partially open "like a clam shell," and the tag on the suitcase did not match the name used to secure the reservation. The name on the tag was "Valdarnini."

A short time later, four Hispanic males, one of whom was ultimately identified to be the defendant, attempted to enter the hotel room. (Id. at ¶ 11). Investigatory Regiacorte testified that two of the men walked away from the room in the direction of the elevator, but they returned to the room after she told them to come back. All four men were directed by SA Chmiel to enter the room and to sit down for officer safety. None of the men spoke English, and SA Chmiel testified that, by using gestures and with the assistance of a Disney employee who spoke Spanish, he was able to communicate with the men.4 The four individuals are from Brazil and speak Portuguese, and the defense disputes whether they fully understood Spanish.5 However, SA Chmiel testified that between the assistance provided by the Disney employee and his hand gestures, he was able to direct the men to empty their pockets and produce identification.

SA Chmiel testified that Defendant Valdarnini produced one identification in the name of Rodrigo Donadio Bueno and a second with the name Danilo Consentino Garcia. The second individual, identified as Alexandre Cariati, produced identification in the name of Fabricio Cesar Martins and Raphael Garcia Passos.6 The third individual similarly presented identification with two fake names, and the fourth man did not have any identification documents.7 (Doc. 1, ¶ 13).

Defendant Valdarnini told SA Chmiel via the Disney employee that his passport was located in his luggage. SA Chmiel testified that the Defendant gave him permission to retrieve the luggage from the adjoining room. SA Chmiel retrieved the suitcase and placed it on the bed. Both SA Chmiel and Investigator Regiacorte testified that the suitcase was apparently off-balance, and it fell to the floor. (Id. ). A Sephora shopping bag fell out of the suitcase, spilling its contents onto the floor. (Id. ). Dozens of credit cards and a skimming device were exposed to plain view. (Id. ). A passport with the Defendant's true identify was also discovered in the suitcase. (Id. ).

The defense called Alexandre Cariati to testify, and he stated that the Defendant's suitcase was closed when SA Chmiel retrieved it form the adjoining room. Mr. Cariati also testified that he did not recall the suitcase falling off of the bed and exposing the contents of the shopping bag.

II. THE ISSUES

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Cite This Page — Counsel Stack

Bluebook (online)
314 F. Supp. 3d 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-valdarnini-flmd-2018.