Man of “very poor character” federally indicted for using card skimmers on Southern Colorado gas stations

COLORADO SPRINGS, Colo. (KRDO) -- A federal judge is calling a Cuban national, who's been indicted in Colorado on several bank fraud charges, a man of "very poor character."

Yasmany Guerra Pena, 34, is now being held without bond after the United States Secret Service say he orchestrated a ploy to steal people's credit and debit card numbers to use them to illegally sell diesel fuel.

According to federal court documents, the Colorado Springs Police Department (CSPD) became aware of the "fraudulent activity from gas stations and convenience stores in the Colorado Springs area" in the summer of 2021.

CSPD, in coordination with the U.S. Secret Service, say Pena would use "clone-cards (also known as “unauthorized access devices”) at various gas stations and retail stores to make unauthorized purchases of goods, diesel fuel, and other items."

Court records allege Pena used these "clone cards" at gas stations and convenience stores like Kum & Go, Smoker Friendly Gas Station, Big R Stores, Super Suds Car & Dog Wash, and Loaf-N-Jug. These locations ranged from Fowler to Pueblo to Colorado Springs, up and down the front range.

Federal authorities say Pena would use people's credit or debit card information to buy diesel fuel at these locations. He would then sell it for a profit via social media, word of mouth, or other means to various random parties, court documents say.

Various pictures of Pena were included in the evidence against him in court records. Multiple pictures show him being filmed on surveillance video inside and outside of the stores where he is accused of stealing people's card numbers.

The Secret Service alleges that these various transactions accumulated to a loss of $2,242.55 with over 396 gallons of diesel fuel being purchased through the use of fraudulent clone-cards. In early 2022, CSPD began surveilling Pena at a local truck yard where multiple "bladder trucks" were located. CSPD found evidence this truck yard was where Pena was allegedly selling the diesel fuel.

This federal arrest is not the first time Yasmany Pena has been arrested and convicted for this type of criminal behavior. According to court records, he was previously charged on June 23, 2017, in Utah with “fraud-illegal use of credit cards” for which he was later convicted and sentenced to 3 years of probation and 45 days of jail. In addition, investigators found that Pena was previously arrested on June 20, 2018, in El Paso County, Colorado for “identity theft-alter/making written instrument” for which he was later convicted and sentenced to 2 years of probation.

Pena was also arrested and charged on state charges tied to this exact same criminal activity in May and August, 2022. Both times, he was charged with multiple felonies like identity theft and forgery. In both cases, Pena posted bond and was released from jail. El Paso County District Judge Monica Gomez gave Pena a $10,000 bond on the first case. He was re-arrested while already on that bond and Gomez gave him another bond of $20,000, which he posted and was released.

Both state cases have been dismissed since Pena was indicted by a grand jury on these allegations.

A federal judge has handled Pena much differently. U.S. Magistrate James O'Hara is restricting Pena from bail in a report where he states Pena "traveled from Colorado at least once (if not twice) in direct violation of the bond set in his pending Colorado criminal cases." O'Hara adds, "when confronted recently by law enforcement in Colorado, defendant stated he lived in Florida. But when confronted by law enforcement recently in Florida, defendant stated he lived in Colorado."

Court documents say Pena is a "legal permanent resident but will be subject to deportation if convicted."