Man Sentenced to Jail After Pleading Guilty to Obtaining Money by False Pretenses, Computer Fraud for Defrauding Elderly Norfolk Couple

NORFOLK, Va. — Daylan Kiree Bates, 24, was sentenced on Friday to serve 45 days in jail after he pleaded guilty to two felony fraud charges from his participation in a banking scam, during which he transferred thousands of dollars from an elderly couple’s bank account into his own.

On Oct. 5, 2023, an unknown individual called the couple using a false caller ID and falsely identified as a representative from the couple’s credit union’s fraud department. The scam caller told the victims that their account had been flagged for suspicious transactions and that money that was not theirs was being fraudulently wired into their account. At some point, the caller had the victims share over the phone an authentication passcode allowing the scam caller access to the victims’ credit union account. The next day, the caller contacted the victims again claiming to have completed a fraud investigation, removed the money (that rightfully belonged to the victims) from their account, and that police in another jurisdiction would follow up on the alleged fraud investigation. At that point, tens of thousands of dollars had been stolen from the couple’s credit union account.

Of the stolen money, $18,000 was found to have been transferred to Mr. Bates’ account. Mr. Bates withdrew some of that money from his account in various ways, including sometimes going to the credit union in person. On Oct. 7, Mr. Bates went to the credit union after discovering his account had been frozen due to his suspicious activity, and an employee called Norfolk Police officers to report Mr. Bates for fraud.

Detectives spoke with the victims, who explained the phone scam, and with managers at the credit union, who authenticated the victims’ bank account records. Using that information, detectives secured charges against Mr. Bates for obtaining money by false pretenses and computer fraud. The credit union made the victims’ account whole again.

Mr. Bates had no significant criminal history, so his Virginia Sentencing Guidelines recommended a sentence of probation and no incarceration. On Sept. 17, Mr. Bates pleaded guilty as charged to both felonies with an agreement that the judge could sentence Mr. Bates to up to twelve months in jail. Judge David W. Lannetti accepted Mr. Bates’ plea agreement.

After hearing arguments from the prosecutor, who argued for an active jail sentence, and Mr. Bates’ defense counsel, Judge Lannetti on Friday imposed an active sentence of 45 days in jail, sentencing Mr. Bates to 10 years in prison with all but the 45 days suspended. Mr. Bates’ suspended sentence is conditioned upon his uniform good behavior for five years, compliance with supervised probation for an indeterminate period following his release, and payment of $18,000 in restitution to the credit union.

“Every day, scammers are looking to take advantage of us, whether online, by phone, or in person,” said Commonwealth’s Attorney Ramin Fatehi. “Many of those scammers are overseas and impossible to identify, which is why prevention is the best medicine. Thanks to good work on the part of the credit union and the Norfolk Police, Mr. Bates was identified, and we were able to hold Mr. Bates accountable for his part in the crime. While Mr. Bates’s Virginia Sentencing Guidelines called for probation, Mr. Bates’ conduct called for jail. Mr. Bates was involved in victimizing an elderly couple and stealing a significant amount of money. That is why we argued for Mr. Bates to serve active time. He earned his sentence.”

Assistant Commonwealth’s Attorneys Tara S. Terwilliger and Mary Grace V. Godfrey prosecuted Mr. Bates’ case, and Norfolk Police Detective Tawny K. Cevora led the investigation.

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Sept. 20, 2024

Man Pleads Guilty to Obtaining Money by False Pretenses, Computer Fraud After Conducting Banking Scam by Phone Against Elderly Norfolk Couple

NORFOLK, Va. — Daylan Kiree Bates, 24, pleaded guilty on Tuesday to two felony fraud charges after he participated in a banking scam last year in which he transferred thousands of dollars from an elderly couple’s bank account into his own.

On Oct. 5, 2023, an unknown individual called the couple using a false caller ID and falsely identified as a representative from the couple’s credit union’s fraud department. The scam caller told the victims that their account had been flagged for suspicious transactions and that money that was not theirs was being fraudulently wired into their account. At some point, the caller had the victims share over the phone an authentication passcode allowing the scam caller access to the victims’ credit union account. The next day, the caller contacted the victims again claiming to have completed a fraud investigation, removed the money (that rightfully belonged to the victims) from their account, and that police in another jurisdiction would follow up on the alleged fraud investigation. At that point, tens of thousands of dollars had been stolen from the couple’s credit union account.

Of the stolen money, $18,000 was found to have been transferred to Mr. Bates’ account. Mr. Bates withdrew some of that money from his account in various ways, including sometimes going to the credit union in person. On Oct. 7, Mr. Bates showed up to the credit union after discovering his account had been frozen by the bank due to his suspicious activity, and an employee called Norfolk Police officers to report Mr. Bates for fraud.

Detectives spoke with the victims, who explained the phone scam, and with managers at the credit union, who authenticated the victims’ bank account records. Using that information, detectives secured charges against Mr. Bates for obtaining money by false pretenses and computer fraud. The credit union made the victims’ account whole again.

On Tuesday, Mr. Bates pleaded guilty as charged to both felonies. There is no agreement to Mr. Bates’ sentence. Judge David W. Lannetti accepted Mr. Bates’ guilty pleas and set his sentencing hearing on Nov. 8.

“In a world of online transactions and online banking, criminal actors do not need a gun to steal; they can steal thousands of dollars with a smartphone,” said Commonwealth’s Attorney Ramin Fatehi. “Financial crimes may not involve violence, but they ruin lives, and they are serious crimes. We intend to seek a sentence against Mr. Barnes that fits the seriousness of his offense.”

Assistant Commonwealth’s Attorney Tara S. Terwilliger argued Mr. Bates’ plea agreement, Assistant Commonwealth’s Attorney Mary Grace V. Godfrey led his prosecution, and Norfolk Police Detective Tawny K. Cevora led the investigation.

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