FROM: U.S. DEPARTMENT OF JUSTICE
WASHINGTON — A former owner and operator of two Florida-based airline fuel supply service companies made his initial appearance today in the U.S. District Court for the Southern District of Florida in West Palm Beach on charges of participating in a scheme to defraud Illinois-based Ryan International Airlines, the Department of Justice announced.
Sean E. Wagner was arrested on July 19, 2013, in Weston, Fla., on a one-count criminal complaint to commit wire fraud and honest services fraud relating to a scheme to defraud Ryan, a charter airline company based in Rockford, Ill. At today’s hearing, the department said that Wagner was arrested after there were indications that he was a flight risk.
The criminal complaint alleges that Wagner participated in a conspiracy to defraud Ryan by making kickback payments to Wayne Kepple, the former vice president of ground operations for Ryan in charge of contracting with providers of goods and services on behalf of the company. In exchange, Kepple awarded business to Wagner’s fuel supply service companies. According to the criminal complaint, from at least as early as December 2005 through at least August 2009, Wagner, his companies, and others made kickback payments totaling more than $200,000, in the form of checks, wire transfers, gift cards and cash, to Kepple while working at Ryan.
Ryan provided air passenger and cargo services for corporations, private individuals, and the U.S. government, including the U.S. Department of Defense, the U.S. Department of Homeland Security and the U.S. Marshals Service.
“The Antitrust Division will take enforcement action against those who subvert the competitive process by trading contracts for kickbacks, especially where the U.S. government is being victimized,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “The Antitrust Division will hold accountable those who seek to defraud the government and U.S. taxpayers.”
Wagner is charged with one count of conspiracy to commit wire fraud and honest services fraud, which carries a maximum sentence of 20 years in prison and a $250,000 criminal fine for individuals. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either amount is greater than the statutory maximum fine.
As a result of this ongoing investigation, four individuals have pleaded guilty to date. Three of the individuals have been ordered to serve sentences ranging from 16 to 24 months in prison and to pay more than $220,000 in restitution. The fourth individual, Wayne Kepple, pleaded guilty and is awaiting sentencing.
This charge is the result of an investigation being conducted by the Antitrust Division’s National Criminal Enforcement Section and the U.S. Department of Defense’s Office of Inspector General, with assistance from the U.S. Attorney’s Office for the Southern District of Florida.
Wednesday, July 31, 2013
Tuesday, July 30, 2013
MAN IN PENNSYLVANIA SENTENCED TO 102 MONTHS IN PRISON FOR TERRORIST SOLICITING
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, July 16, 2013
Pennsylvania Man Sentenced for Terrorist Solicitation and Firearms Offense
Emerson Winfield Begolly, 24, of New Bethlehem, Penn., was sentenced today in Pittsburgh to 102 months in prison for soliciting others to engage in acts of terrorism within the United States and for using a firearm during and in relation to an assault on FBI agents.
In addition, he was sentenced to serve five years supervised release. Begolly pleaded guilty on Aug. 9, 2011, to charges filed in the Eastern District of Virginia and the Western District of Pennsylvania.
The sentence was announced by David J. Hickton, U.S. Attorney for the Western District of Pennsylvania; Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia; John P. Carlin, Acting Assistant Attorney General for National Security; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; and Gary Perdue, Special Agent in Charge of the FBI’s Pittsburgh Division.
“Emerson Begolly used the Internet to solicit likeminded radical jihadists to commit atrocities and murder,” stated U.S. Attorney Hickton. “Through effective use of court-sanctioned investigative tools, mass tragedy was averted.”
“We now find ourselves in an era where one of the greatest innovations of the modern era – the Internet—is being utilized by radical jihadists who seek to use that medium to endanger American lives,” said U.S. Attorney MacBride. “Those, like Mr. Begolly, who solicit others to engage in acts of terrorism will be brought to justice and prosecuted to the fullest extent of law.”
“This case highlights the need for continued vigilance against homegrown extremism and use of the Internet to incite violence,” said Acting Assistant Attorney General Carlin. “I want to thank the agents, analysts and prosecutors whose work resulted in today’s sentence.”
“Today’s sentence is the result of the effective coordination and enduring resolve of law enforcement to protect our citizens,” said Assistant Director Parlave. “Together with our partners, we will continue to work to combat the threat of violent homegrown extremism and keep our country safe.”
“The case against Mr. Begolly is an important reminder that online-inspired terrorism can occur anywhere, including Western Pennsylvania. Our efforts to detect and disrupt this threat are enduring,” said Special Agent in Charge Perdue. “The FBI, along with our law enforcement partners in the FBI Joint Terrorism Task Force, will continue to proactively employ all necessary resources in order to predict and prevent terrorist attacks from occurring and to ensure the ongoing safety of our communities.”
According to information presented by the government in court, Begolly was an active administrator on the Ansar al-Mujahideen English Forum (AMEF), which is an internationally used Islamic extremist Internet forum. Using the pseudonym of Abu Nancy, Begolly systematically solicited jihadists to use firearms, explosives and propane tanks against targets such as police stations, post offices, Jewish schools and daycare centers, military facilities, train lines, bridges, cell phone towers and water plants.
In the summer of 2010, Begolly urged jihadists on the AMEF to “write their legacy in blood.” Begolly promised a special place in the afterlife for violent action in the name of Allah. Following the reported shootings in Northern Virginia at the Pentagon and the Marine Corps Museum in October 2010, Begolly posted a comment online that praised the shootings and hoped the shooter had followed his previous postings encouraging similar acts of violence. On Dec. 28, 2010, Begolly further solicited his AMEF audience to violence by posting a manual on how to manufacture a bomb.
Days later, on Jan. 4, 2011, FBI agents were assaulted by Begolly as they attempted to prevent him from reaching a loaded 9 mm semi-automatic handgun, which he had concealed on his body. While violently struggling with the agents, Begolly bit the agents on their fingers in an attempt to free himself to reach his firearm. His actions are consistent with a posting in which he urged his audience not to be taken alive by law enforcement, to always carry a loaded firearm, and to aggressively resist any law enforcement encounter including biting fingers if necessary.
These cases were investigated by the FBI Washington Field Office and the FBI Pittsburgh Field Office. Assistant U.S. Attorney Neil Hammerstrom of the U.S. Attorney’s Office for the Eastern District of Virginia’s National Security and International Crime Unit, Assistant U.S. Attorney James Kitchen of the U.S. Attorney’s Office for the Western District of Pennsylvania’s National Security and Cybercrime Section, and Trial Attorney Stephen Ponticiello of the Counterterrorism Section in the Justice Department’s National Security Division are prosecuting the cases.
Tuesday, July 16, 2013
Pennsylvania Man Sentenced for Terrorist Solicitation and Firearms Offense
Emerson Winfield Begolly, 24, of New Bethlehem, Penn., was sentenced today in Pittsburgh to 102 months in prison for soliciting others to engage in acts of terrorism within the United States and for using a firearm during and in relation to an assault on FBI agents.
In addition, he was sentenced to serve five years supervised release. Begolly pleaded guilty on Aug. 9, 2011, to charges filed in the Eastern District of Virginia and the Western District of Pennsylvania.
The sentence was announced by David J. Hickton, U.S. Attorney for the Western District of Pennsylvania; Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia; John P. Carlin, Acting Assistant Attorney General for National Security; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; and Gary Perdue, Special Agent in Charge of the FBI’s Pittsburgh Division.
“Emerson Begolly used the Internet to solicit likeminded radical jihadists to commit atrocities and murder,” stated U.S. Attorney Hickton. “Through effective use of court-sanctioned investigative tools, mass tragedy was averted.”
“We now find ourselves in an era where one of the greatest innovations of the modern era – the Internet—is being utilized by radical jihadists who seek to use that medium to endanger American lives,” said U.S. Attorney MacBride. “Those, like Mr. Begolly, who solicit others to engage in acts of terrorism will be brought to justice and prosecuted to the fullest extent of law.”
“This case highlights the need for continued vigilance against homegrown extremism and use of the Internet to incite violence,” said Acting Assistant Attorney General Carlin. “I want to thank the agents, analysts and prosecutors whose work resulted in today’s sentence.”
“Today’s sentence is the result of the effective coordination and enduring resolve of law enforcement to protect our citizens,” said Assistant Director Parlave. “Together with our partners, we will continue to work to combat the threat of violent homegrown extremism and keep our country safe.”
“The case against Mr. Begolly is an important reminder that online-inspired terrorism can occur anywhere, including Western Pennsylvania. Our efforts to detect and disrupt this threat are enduring,” said Special Agent in Charge Perdue. “The FBI, along with our law enforcement partners in the FBI Joint Terrorism Task Force, will continue to proactively employ all necessary resources in order to predict and prevent terrorist attacks from occurring and to ensure the ongoing safety of our communities.”
According to information presented by the government in court, Begolly was an active administrator on the Ansar al-Mujahideen English Forum (AMEF), which is an internationally used Islamic extremist Internet forum. Using the pseudonym of Abu Nancy, Begolly systematically solicited jihadists to use firearms, explosives and propane tanks against targets such as police stations, post offices, Jewish schools and daycare centers, military facilities, train lines, bridges, cell phone towers and water plants.
In the summer of 2010, Begolly urged jihadists on the AMEF to “write their legacy in blood.” Begolly promised a special place in the afterlife for violent action in the name of Allah. Following the reported shootings in Northern Virginia at the Pentagon and the Marine Corps Museum in October 2010, Begolly posted a comment online that praised the shootings and hoped the shooter had followed his previous postings encouraging similar acts of violence. On Dec. 28, 2010, Begolly further solicited his AMEF audience to violence by posting a manual on how to manufacture a bomb.
Days later, on Jan. 4, 2011, FBI agents were assaulted by Begolly as they attempted to prevent him from reaching a loaded 9 mm semi-automatic handgun, which he had concealed on his body. While violently struggling with the agents, Begolly bit the agents on their fingers in an attempt to free himself to reach his firearm. His actions are consistent with a posting in which he urged his audience not to be taken alive by law enforcement, to always carry a loaded firearm, and to aggressively resist any law enforcement encounter including biting fingers if necessary.
These cases were investigated by the FBI Washington Field Office and the FBI Pittsburgh Field Office. Assistant U.S. Attorney Neil Hammerstrom of the U.S. Attorney’s Office for the Eastern District of Virginia’s National Security and International Crime Unit, Assistant U.S. Attorney James Kitchen of the U.S. Attorney’s Office for the Western District of Pennsylvania’s National Security and Cybercrime Section, and Trial Attorney Stephen Ponticiello of the Counterterrorism Section in the Justice Department’s National Security Division are prosecuting the cases.
Monday, July 29, 2013
ARMY SERGEANT AGREES TO PLEAD GUILTY IN IDENTITY INFORMATION THEFT CASE
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, July 18, 2013
US Army Sergeant Pleads Guilty in Georgia to Stealing Identity Information from US Army Computer System
Ammie Brothers, 29, of Columbus, Ga., a sergeant in the U.S. Army, pleaded guilty today to unlawfully obtaining personal information from the U.S. Army’s Army Knowledge Online computer system.
The guilty plea was announced by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of Virginia Neil H. MacBride; U.S. Attorney for the Middle District of Georgia Michael J. Moore; and Director Daniel T. Andrews of the U.S. Army Criminal Investigation Command’s Computer Crime Investigative Unit.
Brothers pleaded guilty before U. S. District Judge Clay Land in Columbus, Ga., to one count of unauthorized access to information from a U.S. Army computer system. She was charged on Feb. 14, 2013, in a five-count indictment returned by a federal grand jury in Alexandria, Va.
In a statement of facts filed with the plea agreement, Brothers admitted that between April 24, 2009, and Oct. 5, 2011, she repeatedly and intentionally accessed two victims’ Army Knowledge Online accounts, which contain personnel files for members of the armed services. Brothers initially gained access by calling the Army Knowledge Online help desk in the Eastern District of Virginia and providing the victims’ Social Security numbers and dates of birth in order to obtain temporary passwords.
When law enforcement searched Brothers’s home in Columbus, they recovered numerous documents printed from the Army Knowledge Online system that contained victims’ Social Security numbers, bank account numbers and employment history, including the Social Security number of one minor child. Brothers admitted to law enforcement that, in addition to illegally accessing the victims’ Army Knowledge Online accounts, she regularly harassed the victims by telephone and accessed several credit card accounts belonging to one victim, and in one case authorized charges without the victim’s knowledge or consent.
At sentencing, scheduled for Oct. 24, 2013, Brothers faces a maximum penalty of five years in prison.
This case was investigated by the Computer Crime Investigative Unit of U.S. Army Criminal Investigation Command.
The case is being prosecuted by Trial Attorney Peter V. Roman of the Justice Department’s Computer Crime and Intellectual Property Section, Assistant U.S. Attorney Lindsay Kelly of the Eastern District of Virginia and Assistant U.S. Attorney Crawford L. Seals of the Middle District of Georgia.
Thursday, July 18, 2013
US Army Sergeant Pleads Guilty in Georgia to Stealing Identity Information from US Army Computer System
Ammie Brothers, 29, of Columbus, Ga., a sergeant in the U.S. Army, pleaded guilty today to unlawfully obtaining personal information from the U.S. Army’s Army Knowledge Online computer system.
The guilty plea was announced by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of Virginia Neil H. MacBride; U.S. Attorney for the Middle District of Georgia Michael J. Moore; and Director Daniel T. Andrews of the U.S. Army Criminal Investigation Command’s Computer Crime Investigative Unit.
Brothers pleaded guilty before U. S. District Judge Clay Land in Columbus, Ga., to one count of unauthorized access to information from a U.S. Army computer system. She was charged on Feb. 14, 2013, in a five-count indictment returned by a federal grand jury in Alexandria, Va.
In a statement of facts filed with the plea agreement, Brothers admitted that between April 24, 2009, and Oct. 5, 2011, she repeatedly and intentionally accessed two victims’ Army Knowledge Online accounts, which contain personnel files for members of the armed services. Brothers initially gained access by calling the Army Knowledge Online help desk in the Eastern District of Virginia and providing the victims’ Social Security numbers and dates of birth in order to obtain temporary passwords.
When law enforcement searched Brothers’s home in Columbus, they recovered numerous documents printed from the Army Knowledge Online system that contained victims’ Social Security numbers, bank account numbers and employment history, including the Social Security number of one minor child. Brothers admitted to law enforcement that, in addition to illegally accessing the victims’ Army Knowledge Online accounts, she regularly harassed the victims by telephone and accessed several credit card accounts belonging to one victim, and in one case authorized charges without the victim’s knowledge or consent.
At sentencing, scheduled for Oct. 24, 2013, Brothers faces a maximum penalty of five years in prison.
This case was investigated by the Computer Crime Investigative Unit of U.S. Army Criminal Investigation Command.
The case is being prosecuted by Trial Attorney Peter V. Roman of the Justice Department’s Computer Crime and Intellectual Property Section, Assistant U.S. Attorney Lindsay Kelly of the Eastern District of Virginia and Assistant U.S. Attorney Crawford L. Seals of the Middle District of Georgia.
Sunday, July 28, 2013
DETROIT AREA FRANCHISE OWNER INDICTED IN CONSPIRACY TO UNDER REPORT TAXES
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, July 16, 2013
Pizza Franchise Owner and Four Others Indicted for Tax Fraud
The Justice Department announced today that Happy Asker, franchise owner of multiple “Happy’s Pizza” franchises, was indicted by a federal grand jury in Detroit along with Maher Bashi, Tom Yaldo, Arkan Summa and Tagrid Bashi for multiple tax offenses arising from a conspiracy to underreport taxable income and payroll taxes of nine Happy’s Pizza franchises. All defendants with the exception of Happy Asker were arrested.
A multiple count indictment was unsealed in the Eastern District of Michigan charging Happy Asker, Maher Bashi and Tom Yaldo with conspiracy to defraud the United States by keeping fraudulent accounting records and falsely reporting income taxes and payroll taxes due and owing.
The indictment alleges that from approximately June 2004 through April 2011, the defendants conspired with each other to divert business receipts, underreport wages and understate the true income and expenses of specified Happy’s Pizza franchises. According to the indictment, the scheme resulted in the specified franchises paying more than $2.1 million in unreported wages to employees and shareholders .
Additional charges in the indictment include three counts of filing a false individual income tax return as to Happy Asker; 21 counts of aiding in the filing of false payroll tax returns as to Happy Asker and Maher Bashi; 23 counts of aiding in the filing of false payroll tax returns as to Tom Yaldo on behalf of specified Happy’s Pizza franchises; and 11 counts as to Happy Asker and Maher Bashi for aiding in filing false corporate tax returns on behalf of specified Happy’s Pizza franchises.
Finally, the indictment also charges Happy Asker and Maher Bashi with one count of obstructing the due administration of the internal revenue laws. Arkan Summa and Tagrid Bashi are also charged together in a count of obstructing the due administration of the internal revenue laws and Tom Yaldo is also charged with one count of obstructing the due administration of the internal revenue laws.
An indictment is not a finding of guilt. Individuals charged in indictments are presumed innocent until proven guilty. If convicted of the conspiracy charge, the defendants face up to 5 years in prison and a $250,000 fine. The charges of filing a false income tax return and aiding or assisting in filing a false return carry a maximum penalty of three years in prison and a fine of $250,000 for each count. The obstruction charge carries a maximum penalty of three years in prison and a fine of $250,000 for each count.
This case was investigated by Internal Revenue Service – Criminal Investigation, the Drug Enforcement Administration and the FBI and is being prosecuted by Senior Litigation Counsel Corey Smith and Trial Attorney Mark McDonald of the Justice Department’s Tax Division.
Tuesday, July 16, 2013
Pizza Franchise Owner and Four Others Indicted for Tax Fraud
The Justice Department announced today that Happy Asker, franchise owner of multiple “Happy’s Pizza” franchises, was indicted by a federal grand jury in Detroit along with Maher Bashi, Tom Yaldo, Arkan Summa and Tagrid Bashi for multiple tax offenses arising from a conspiracy to underreport taxable income and payroll taxes of nine Happy’s Pizza franchises. All defendants with the exception of Happy Asker were arrested.
A multiple count indictment was unsealed in the Eastern District of Michigan charging Happy Asker, Maher Bashi and Tom Yaldo with conspiracy to defraud the United States by keeping fraudulent accounting records and falsely reporting income taxes and payroll taxes due and owing.
The indictment alleges that from approximately June 2004 through April 2011, the defendants conspired with each other to divert business receipts, underreport wages and understate the true income and expenses of specified Happy’s Pizza franchises. According to the indictment, the scheme resulted in the specified franchises paying more than $2.1 million in unreported wages to employees and shareholders .
Additional charges in the indictment include three counts of filing a false individual income tax return as to Happy Asker; 21 counts of aiding in the filing of false payroll tax returns as to Happy Asker and Maher Bashi; 23 counts of aiding in the filing of false payroll tax returns as to Tom Yaldo on behalf of specified Happy’s Pizza franchises; and 11 counts as to Happy Asker and Maher Bashi for aiding in filing false corporate tax returns on behalf of specified Happy’s Pizza franchises.
Finally, the indictment also charges Happy Asker and Maher Bashi with one count of obstructing the due administration of the internal revenue laws. Arkan Summa and Tagrid Bashi are also charged together in a count of obstructing the due administration of the internal revenue laws and Tom Yaldo is also charged with one count of obstructing the due administration of the internal revenue laws.
An indictment is not a finding of guilt. Individuals charged in indictments are presumed innocent until proven guilty. If convicted of the conspiracy charge, the defendants face up to 5 years in prison and a $250,000 fine. The charges of filing a false income tax return and aiding or assisting in filing a false return carry a maximum penalty of three years in prison and a fine of $250,000 for each count. The obstruction charge carries a maximum penalty of three years in prison and a fine of $250,000 for each count.
This case was investigated by Internal Revenue Service – Criminal Investigation, the Drug Enforcement Administration and the FBI and is being prosecuted by Senior Litigation Counsel Corey Smith and Trial Attorney Mark McDonald of the Justice Department’s Tax Division.
Saturday, July 27, 2013
U.S. MARSHALS SAY THAT THE TERROR OF REXFORD KING ENDS
FROM: U.S. MARSHALS SERVICE
ALBUQUERQUE, NM - In February 1998, the Albuquerque Police Department arrested Rexford V. King II on 37 counts of Criminal Sexual Penetration of a Minor and for being a Felon in Possession of a Firearm. King posted bond and quickly fled the United States. A few years ago, the case was adopted by the United States Marshals Service’s South West Investigative Fugitive Team task force (SWIFT). Earlier this year, Deputies developed information that King and his common-law wife Yvonne Jacquez have been living together in Mexico, along with their two children
In March 2013, the United States Marshals Service along with the assistance of Mexican Authorities took King and Jacquez into custody in San Carlos, Mexico. King and Jacques were located living under assumed identities.
During the investigation into King’s whereabouts, information was developed that Jacquez and her family concocted an elaborate story of King’s death. Jacques told investigators that King was killed in a fishing boat accident and that he suffered an aneurism and fell overboard. Jacquez was charged by the Albuquerque Police Department for Aiding and Harboring a Felon. District of New Mexico, United States Marshal, Conrad Candelaria, stated “ this extremely dangerous fugitive committed unconscionable, violent and unlawful acts against the victim that I am sure have endured a lifelong impact of pain and suffering. The arrest and extradition of this fugitive along with the accomplice will hopefully bring some closure to our victim once these dangerous fugitives are imprisoned and cannot harm any other innocent victims. This outcome was due in no small measure to the Marshals Service District of New Mexico fugitive task force and its many law enforcement partners from local and international jurisdictions that assisted in this extradition”.
King was extradited back to New Mexico yesterday. KING and JACQUEZ are both being held at the Metropolitan Detention Center in Albuquerque, NM.
ALBUQUERQUE, NM - In February 1998, the Albuquerque Police Department arrested Rexford V. King II on 37 counts of Criminal Sexual Penetration of a Minor and for being a Felon in Possession of a Firearm. King posted bond and quickly fled the United States. A few years ago, the case was adopted by the United States Marshals Service’s South West Investigative Fugitive Team task force (SWIFT). Earlier this year, Deputies developed information that King and his common-law wife Yvonne Jacquez have been living together in Mexico, along with their two children
In March 2013, the United States Marshals Service along with the assistance of Mexican Authorities took King and Jacquez into custody in San Carlos, Mexico. King and Jacques were located living under assumed identities.
During the investigation into King’s whereabouts, information was developed that Jacquez and her family concocted an elaborate story of King’s death. Jacques told investigators that King was killed in a fishing boat accident and that he suffered an aneurism and fell overboard. Jacquez was charged by the Albuquerque Police Department for Aiding and Harboring a Felon. District of New Mexico, United States Marshal, Conrad Candelaria, stated “ this extremely dangerous fugitive committed unconscionable, violent and unlawful acts against the victim that I am sure have endured a lifelong impact of pain and suffering. The arrest and extradition of this fugitive along with the accomplice will hopefully bring some closure to our victim once these dangerous fugitives are imprisoned and cannot harm any other innocent victims. This outcome was due in no small measure to the Marshals Service District of New Mexico fugitive task force and its many law enforcement partners from local and international jurisdictions that assisted in this extradition”.
King was extradited back to New Mexico yesterday. KING and JACQUEZ are both being held at the Metropolitan Detention Center in Albuquerque, NM.
Friday, July 26, 2013
MEDICAL DIRECTOR AND 6 THERAPISTS ARRESTED FOR ALLEGED ROLES IN $63 MILLION HEALTH CARE FRAUD SCHEME
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, July 16, 2013
Florida Health Care Medical Director and Six Therapists Arrested for Alleged Roles in $63 Million Fraud Scheme
The former medical director at defunct health provider Health Care Solutions Network (HCSN) and six therapists were arrested today, accused of conspiring to fraudulently bill Medicare and Florida Medicaid more than $63 million.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer; Special Agent in Charge Michael B. Steinbach of the FBI's Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office, made the announcement after the indictment was unsealed following the arrests.
The former HCSN medical director, Roger Rousseau, 71, of Miami, was indicted on July 11, 2013, and charged with conspiracy to commit health care fraud and two counts of health care fraud. In addition, six therapists from Miami – Doris Crabtree, 61; Angela Salafia, 65; Liliana Marks, 46; Ruben Busquets, 49; Alina Fonts, 47; and Blanca Ruiz, 59 – were also charged in the same indictment with conspiracy to commit health care fraud. Fonts was also charged with two counts of health care fraud, and Crabtree, Salafia, Marks and Busquets were each charged with two counts of making false statements related to health care matters. The indictment also seeks forfeiture of proceeds from the alleged healthcare fraud offenses.
According to the indictment, HCSN purported to provide intensive mental health treatment to Medicare and Medicaid beneficiaries in Miami and Hendersonville, N.C., from approximately 2004 through 2011 for purported mental health services that were not medically necessary and often never provided. The indictment also alleges that in Miami, HCSN paid kickbacks to assisted living facility owners and operators who, in exchange, referred beneficiaries to HCSN. In total, HCSN is alleged to have fraudulently billed Medicare and Medicaid approximately $63.7 million, from which HCSN allegedly received payments totaling approximately $28 million.
Rousseau served as the medical director for HCSN in Florida, and the indictment alleges that he routinely signed what he knew to be fabricated and altered medical records without ever reviewing the materials, and, in most instances, without ever meeting with the patient. The indictment also alleges that Crabtree, Salafia, Marks, Busquets, Fonts and Ruiz fabricated HCSN medical records to support false and fraudulent claims for partial hospitalization program services that were not medically necessary and were not provided.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
The case is being investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Southern District of Florida. The case is being prosecuted by Fraud Section Trial Attorney Allan J. Medina.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
Tuesday, July 16, 2013
Florida Health Care Medical Director and Six Therapists Arrested for Alleged Roles in $63 Million Fraud Scheme
The former medical director at defunct health provider Health Care Solutions Network (HCSN) and six therapists were arrested today, accused of conspiring to fraudulently bill Medicare and Florida Medicaid more than $63 million.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer; Special Agent in Charge Michael B. Steinbach of the FBI's Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office, made the announcement after the indictment was unsealed following the arrests.
The former HCSN medical director, Roger Rousseau, 71, of Miami, was indicted on July 11, 2013, and charged with conspiracy to commit health care fraud and two counts of health care fraud. In addition, six therapists from Miami – Doris Crabtree, 61; Angela Salafia, 65; Liliana Marks, 46; Ruben Busquets, 49; Alina Fonts, 47; and Blanca Ruiz, 59 – were also charged in the same indictment with conspiracy to commit health care fraud. Fonts was also charged with two counts of health care fraud, and Crabtree, Salafia, Marks and Busquets were each charged with two counts of making false statements related to health care matters. The indictment also seeks forfeiture of proceeds from the alleged healthcare fraud offenses.
According to the indictment, HCSN purported to provide intensive mental health treatment to Medicare and Medicaid beneficiaries in Miami and Hendersonville, N.C., from approximately 2004 through 2011 for purported mental health services that were not medically necessary and often never provided. The indictment also alleges that in Miami, HCSN paid kickbacks to assisted living facility owners and operators who, in exchange, referred beneficiaries to HCSN. In total, HCSN is alleged to have fraudulently billed Medicare and Medicaid approximately $63.7 million, from which HCSN allegedly received payments totaling approximately $28 million.
Rousseau served as the medical director for HCSN in Florida, and the indictment alleges that he routinely signed what he knew to be fabricated and altered medical records without ever reviewing the materials, and, in most instances, without ever meeting with the patient. The indictment also alleges that Crabtree, Salafia, Marks, Busquets, Fonts and Ruiz fabricated HCSN medical records to support false and fraudulent claims for partial hospitalization program services that were not medically necessary and were not provided.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
The case is being investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Southern District of Florida. The case is being prosecuted by Fraud Section Trial Attorney Allan J. Medina.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
Thursday, July 25, 2013
OHIO TRIO INDICTED FOR LABOR TRAFFICKING
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, July 16, 2013
Ashland, Ohio, Trio Indicted for Labor Trafficking and Other Crimes
A five-count indictment was filed charging three people from Ashland, Ohio, with engaging in a labor trafficking conspiracy and related crimes for holding a woman with cognitive disabilities and her child against their will and forcing the woman to perform manual labor for them, law enforcement officials said today.
According to the indictment, Jordie L. Callahan, 26, Jessica L. Hunt, 31, and Dezerah L. Silsby, 21, used a combination of violence, threats, sexual assaults, humiliation and monitoring to establish and continue a pattern of domination and control over their victims, identified only as S.E. and her child B.E. A fourth person, Daniel K. Brown, 33, of Ashland, was charged in a criminal information filed today with one count of conspiracy.
The conspiracy between Callahan, Hunt, Silsby and Brown took place between August 2010 and October 2012. The object of the conspiracy included holding S.E. in a condition of forced labor and involuntary servitude; obtaining S.E.’s and B.E.’s public assistance benefits; and intentionally causing painful injuries to S.E. so they could use the narcotic pain medications she was prescribed.
According to court documents, the defendants’ tactics included beating S.E., threats of beatings to S.E. and B.E., taunting and threatening the victims with pit bulls and snakes, causing the victims to sleep in unsafe and unsanitary conditions, restricting S.E. and B.E.’s access to the bathroom, preventing them from eating regular and suitable meals and forcing S.E. to eat dog food and crawl on the floor while wearing a dog collar.
Callahan and Hunt recruited S.E. and B.E. to live with them in their two-bedroom apartment in Ashland, knowing that S.E. has a cognitive disability and that S.E. and B.E. received monthly public assistance payments.
According to the indictment, in or around September 2010, Callahan and Hunt forced S.E. to have her and B.E.’s public assistance benefits issued on a debit card rather than paper check. They then took control of the card, forced S.E. to give them the PIN and used the card for their own benefit and the benefit of their family and friends.
On multiple occasions between August 2010 and October 2012, Callahan and Hunt threatened S.E. and B.E. with serious physical harm, including death, if S.E. did not clean up the apartment, care for their numerous pit bull dogs, snakes and other reptiles, purchase items at the store and perform other labor and services. On one occasion, Callahan pointed a firearm at S.E.’s head and threatened to kill her if she did not perform the labor and services he and other conspirators commanded. Callahan also forced S.E. on multiple occasions to engage in sex acts with him and threatened that he and Hunt would kill S.E. if she told anyone about the forced sexual acts .
In August 2011, Silsby, at the direction of Callahan and Hunt, smashed S.E.’s hand with a rock with such force that S.E. needed to go to the hospital emergency room. In December 2011, Callahan and Hunt injured S.E.’s back with such force that she needed medical treatment. In March 2012, Callahan kicked S.E. in the hip with such force that she needed medical treatment. After each incident, Callahan and Hunt forced S.E. to give them the narcotic pain pills and prescriptions for the medication as stated in the indictment.
Callahan and Hunt used a video camera to monitor S.E. and B.E.’s activities and conversations in the apartment. They often forced S.E. to walk to the store to buy groceries, cigarettes, dog food and other items for Callahan, Hunt and Hunt’s four sons and to pay for these purchases with her public assistance card. They allotted S.E. only a brief time period to complete the shopping and warned her that she was not allowed to speak with anyone while she was out. They frequently required B.E. to remain with them at the apartment while S.E. was out and threatened physical harm to B.E. and S.E. if S.E. broke any of their rules.
The indictment also states that Callahan and Hunt threatened to contact Ashland County Job and Family Services and have B.E. taken away if S.E. purchased any items at the store other than those they ordered or if she told anyone about their unlawful conduct.
In June 2011, after S.E. and B.E. had attempted to flee the apartment, Callahan and Hunt ordered Brown and Silsby to find S.E. and B.E. and bring them back to the apartment. Brown and Silsby lured S.E. and B.E. into their vehicle by promising to take them to Dairy Queen, only to drive them afterwards back to the apartment.
On multiple occasions, Callahan and Brown locked S.E. and B.E. in a room with a window that was nailed shut and a door that had been locked from the outside according to court documents.
As stated in the indictment, in October 2011, Callahan and Hunt forced S.E. to hit her child while they recorded a video, and threatened to inflict much greater physical harm on both S.E. and B.E. if S.E. did not comply. One month later, Callahan and Hunt again forced S.E. to strike B.E. while they captured a video recording of the staged incident on Callahan’s cell phone. Callahan and Hunt repeatedly threatened have B.E. taken away by showing the videos to authorities in order to secure S.E.’s compliance to the conspirators’ commands.
Callahan, Hunt and Silsby face one count each of the following: conspiracy; forced labor; theft of government benefits; and acquiring a controlled substance by deception. Callahan and Hunt face an additional charge of tampering with a witness.
The case is being prosecuted by Assistant U.S. Attorneys Chelsea Rice and Thomas E. Getz and Trial Attorney Victor Boutros of the Civil Rights Division’s Human Trafficking Prosecution Unit, following an investigation by the FBI and Ashland Police Department, with assistance from the Ashland County Prosecutor’s Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Tuesday, July 16, 2013
Ashland, Ohio, Trio Indicted for Labor Trafficking and Other Crimes
A five-count indictment was filed charging three people from Ashland, Ohio, with engaging in a labor trafficking conspiracy and related crimes for holding a woman with cognitive disabilities and her child against their will and forcing the woman to perform manual labor for them, law enforcement officials said today.
According to the indictment, Jordie L. Callahan, 26, Jessica L. Hunt, 31, and Dezerah L. Silsby, 21, used a combination of violence, threats, sexual assaults, humiliation and monitoring to establish and continue a pattern of domination and control over their victims, identified only as S.E. and her child B.E. A fourth person, Daniel K. Brown, 33, of Ashland, was charged in a criminal information filed today with one count of conspiracy.
The conspiracy between Callahan, Hunt, Silsby and Brown took place between August 2010 and October 2012. The object of the conspiracy included holding S.E. in a condition of forced labor and involuntary servitude; obtaining S.E.’s and B.E.’s public assistance benefits; and intentionally causing painful injuries to S.E. so they could use the narcotic pain medications she was prescribed.
According to court documents, the defendants’ tactics included beating S.E., threats of beatings to S.E. and B.E., taunting and threatening the victims with pit bulls and snakes, causing the victims to sleep in unsafe and unsanitary conditions, restricting S.E. and B.E.’s access to the bathroom, preventing them from eating regular and suitable meals and forcing S.E. to eat dog food and crawl on the floor while wearing a dog collar.
Callahan and Hunt recruited S.E. and B.E. to live with them in their two-bedroom apartment in Ashland, knowing that S.E. has a cognitive disability and that S.E. and B.E. received monthly public assistance payments.
According to the indictment, in or around September 2010, Callahan and Hunt forced S.E. to have her and B.E.’s public assistance benefits issued on a debit card rather than paper check. They then took control of the card, forced S.E. to give them the PIN and used the card for their own benefit and the benefit of their family and friends.
On multiple occasions between August 2010 and October 2012, Callahan and Hunt threatened S.E. and B.E. with serious physical harm, including death, if S.E. did not clean up the apartment, care for their numerous pit bull dogs, snakes and other reptiles, purchase items at the store and perform other labor and services. On one occasion, Callahan pointed a firearm at S.E.’s head and threatened to kill her if she did not perform the labor and services he and other conspirators commanded. Callahan also forced S.E. on multiple occasions to engage in sex acts with him and threatened that he and Hunt would kill S.E. if she told anyone about the forced sexual acts .
In August 2011, Silsby, at the direction of Callahan and Hunt, smashed S.E.’s hand with a rock with such force that S.E. needed to go to the hospital emergency room. In December 2011, Callahan and Hunt injured S.E.’s back with such force that she needed medical treatment. In March 2012, Callahan kicked S.E. in the hip with such force that she needed medical treatment. After each incident, Callahan and Hunt forced S.E. to give them the narcotic pain pills and prescriptions for the medication as stated in the indictment.
Callahan and Hunt used a video camera to monitor S.E. and B.E.’s activities and conversations in the apartment. They often forced S.E. to walk to the store to buy groceries, cigarettes, dog food and other items for Callahan, Hunt and Hunt’s four sons and to pay for these purchases with her public assistance card. They allotted S.E. only a brief time period to complete the shopping and warned her that she was not allowed to speak with anyone while she was out. They frequently required B.E. to remain with them at the apartment while S.E. was out and threatened physical harm to B.E. and S.E. if S.E. broke any of their rules.
The indictment also states that Callahan and Hunt threatened to contact Ashland County Job and Family Services and have B.E. taken away if S.E. purchased any items at the store other than those they ordered or if she told anyone about their unlawful conduct.
In June 2011, after S.E. and B.E. had attempted to flee the apartment, Callahan and Hunt ordered Brown and Silsby to find S.E. and B.E. and bring them back to the apartment. Brown and Silsby lured S.E. and B.E. into their vehicle by promising to take them to Dairy Queen, only to drive them afterwards back to the apartment.
On multiple occasions, Callahan and Brown locked S.E. and B.E. in a room with a window that was nailed shut and a door that had been locked from the outside according to court documents.
As stated in the indictment, in October 2011, Callahan and Hunt forced S.E. to hit her child while they recorded a video, and threatened to inflict much greater physical harm on both S.E. and B.E. if S.E. did not comply. One month later, Callahan and Hunt again forced S.E. to strike B.E. while they captured a video recording of the staged incident on Callahan’s cell phone. Callahan and Hunt repeatedly threatened have B.E. taken away by showing the videos to authorities in order to secure S.E.’s compliance to the conspirators’ commands.
Callahan, Hunt and Silsby face one count each of the following: conspiracy; forced labor; theft of government benefits; and acquiring a controlled substance by deception. Callahan and Hunt face an additional charge of tampering with a witness.
The case is being prosecuted by Assistant U.S. Attorneys Chelsea Rice and Thomas E. Getz and Trial Attorney Victor Boutros of the Civil Rights Division’s Human Trafficking Prosecution Unit, following an investigation by the FBI and Ashland Police Department, with assistance from the Ashland County Prosecutor’s Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Wednesday, July 24, 2013
SIX COLOMBIAN NATIONALS CHARGED WITH MURDER OF DEA AGENT JAMES TERRY WILSON
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, July 18, 2013
Six Colombian Nationals Charged with Murder of DEA Agent
Six Colombian nationals were indicted today by a federal grand jury in the Eastern District of Virginia for the kidnapping and murder of Drug Enforcement Administration (DEA) Special Agent James Terry Watson.
“Special Agent Watson was a brave public servant who dedicated his life to protecting the country he loved. He was a hero, in every sense of the word, who was taken from us far too suddenly and far too soon," said Attorney General Eric Holder. “With today's arrests, we take an important step towards ensuring that those allegedly responsible for his senseless murder are brought to justice. We also send an unmistakable message to all who commit acts of violence against America's law enforcement professionals: no matter who you are or where you live, we will do everything in our power to hold you accountable to the fullest extent of the law.”
Gerardo Figueroa Sepulveda, 38; Omar Fabian Valdes Gualtero, 27; Edgar Javier Bello Murillo, 26; Hector Leonardo Lopez, 23; Julio Estiven Gracia Ramierez, 30; and Andrés Alvaro Oviedo-Garcia, 21, were each charged with two counts of second degree murder, one count of kidnapping and one count of conspiracy to kidnap. Oviedo-Garcia was also charged with two counts of assault.
Additionally, the grand jury indicted Wilson Daniel Peralta-Bocachica, 30, also a Colombian national, for his alleged efforts to destroy evidence associated with the murder of Special Agent Watson.
According to the indictment, Figueroa, Valdes, Bello, Lopez, Gracia and Oviedo-Garcia were part of a kidnapping and robbery conspiracy that utilized taxi cabs in Bogota, Colombia, to lure victims into a position where they could be attacked and robbed. Once an intended victim entered a taxi cab, the driver of the taxi cab would signal other conspirators to commence the robbery and kidnapping operation.
The indictment alleges that on June 20, 2013, while he was working for the U.S. Mission in Colombia, Special Agent Watson entered a taxi cab operated by one of the defendants. Special Agent Watson was then allegedly attacked by two other defendants – one who stunned Special Agent Watson with a stun gun and another who stabbed Special Agent Watson with a knife, resulting in his death.
The charges were announced by Attorney General Holder; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Neil H. MacBride of the Eastern District of Virginia; Assistant Director in Charge Valerie Parlave of the FBI’s Washington Field Office; Special Agent in Charge Derek S. Maltz of the Drug Enforcement Administration’s Special Operations Division; and Director Gregory B. Starr of the Diplomatic Security Service for the U.S. Department of State.
This case is being investigated by the FBI, DEA and Diplomatic Security Service, in close cooperation with Colombian authorities, and with assistance from INTERPOL and the Justice Department’s Office of International Affairs. Assistant U.S. Attorney Michael P. Ben’Ary from the U.S. Attorney’s Office for the Eastern District of Virginia and Special Counsel Stacey Luck and Trial Attorney Christine Duey from the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case on behalf of the United States. The Department of Justice gratefully acknowledges the Colombian Attorney General’s Office, Colombian National Police, Colombian Directorate of Criminal Investigation and Interpol (DIJIN), DIJIN Special Investigative Unit, Bogota Metropolitan Police and Colombian Technical Investigation Team for their extraordinary efforts, support and professionalism in responding to this incident.
Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
Thursday, July 18, 2013
Six Colombian Nationals Charged with Murder of DEA Agent
Six Colombian nationals were indicted today by a federal grand jury in the Eastern District of Virginia for the kidnapping and murder of Drug Enforcement Administration (DEA) Special Agent James Terry Watson.
“Special Agent Watson was a brave public servant who dedicated his life to protecting the country he loved. He was a hero, in every sense of the word, who was taken from us far too suddenly and far too soon," said Attorney General Eric Holder. “With today's arrests, we take an important step towards ensuring that those allegedly responsible for his senseless murder are brought to justice. We also send an unmistakable message to all who commit acts of violence against America's law enforcement professionals: no matter who you are or where you live, we will do everything in our power to hold you accountable to the fullest extent of the law.”
Gerardo Figueroa Sepulveda, 38; Omar Fabian Valdes Gualtero, 27; Edgar Javier Bello Murillo, 26; Hector Leonardo Lopez, 23; Julio Estiven Gracia Ramierez, 30; and Andrés Alvaro Oviedo-Garcia, 21, were each charged with two counts of second degree murder, one count of kidnapping and one count of conspiracy to kidnap. Oviedo-Garcia was also charged with two counts of assault.
Additionally, the grand jury indicted Wilson Daniel Peralta-Bocachica, 30, also a Colombian national, for his alleged efforts to destroy evidence associated with the murder of Special Agent Watson.
According to the indictment, Figueroa, Valdes, Bello, Lopez, Gracia and Oviedo-Garcia were part of a kidnapping and robbery conspiracy that utilized taxi cabs in Bogota, Colombia, to lure victims into a position where they could be attacked and robbed. Once an intended victim entered a taxi cab, the driver of the taxi cab would signal other conspirators to commence the robbery and kidnapping operation.
The indictment alleges that on June 20, 2013, while he was working for the U.S. Mission in Colombia, Special Agent Watson entered a taxi cab operated by one of the defendants. Special Agent Watson was then allegedly attacked by two other defendants – one who stunned Special Agent Watson with a stun gun and another who stabbed Special Agent Watson with a knife, resulting in his death.
The charges were announced by Attorney General Holder; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Neil H. MacBride of the Eastern District of Virginia; Assistant Director in Charge Valerie Parlave of the FBI’s Washington Field Office; Special Agent in Charge Derek S. Maltz of the Drug Enforcement Administration’s Special Operations Division; and Director Gregory B. Starr of the Diplomatic Security Service for the U.S. Department of State.
This case is being investigated by the FBI, DEA and Diplomatic Security Service, in close cooperation with Colombian authorities, and with assistance from INTERPOL and the Justice Department’s Office of International Affairs. Assistant U.S. Attorney Michael P. Ben’Ary from the U.S. Attorney’s Office for the Eastern District of Virginia and Special Counsel Stacey Luck and Trial Attorney Christine Duey from the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case on behalf of the United States. The Department of Justice gratefully acknowledges the Colombian Attorney General’s Office, Colombian National Police, Colombian Directorate of Criminal Investigation and Interpol (DIJIN), DIJIN Special Investigative Unit, Bogota Metropolitan Police and Colombian Technical Investigation Team for their extraordinary efforts, support and professionalism in responding to this incident.
Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
Tuesday, July 23, 2013
MS-13 GANG MEMBERS CONVICTED IN ATLANTA FOR MURDERS AND ATTEMPTED MURDERS
FROM: U.S. DEPARTMENT OF JUSTICE
MS-13 Members Convicted in Atlanta for Murders and Attempted Murders
Gang Wreaked Havoc in Northern Georgia
After a four-week trial, a federal jury has convicted Miguel Alvarado-Linares, Ernesto Escobar, Dimas Alfaro-Granados and Jairo Reyna-Ozuna for committing multiple murders, attempted murders, armed robberies and firearms offenses in Gwinnett and DeKalb Counties.
The convictions were announced today by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney for the Northern District of Georgia Sally Quillian Yates; Brock D. Nicholson, Special Agent in Charge of U.S. Immigration and Customs Enforcement (ICE) – Homeland Security Investigations (HSI) in Atlanta; and Mark F. Giuliano, Special Agent in Charge of the FBI Atlanta Field Office.
Miguel Alvarado-Linares, aka “Joker,” 24, of Norcross, Ga.; Ernesto Escobar, aka “Pink Panther,” 30, of Norcross; Dimas Alfaro-Granados, aka “Toro,” 30, of Duluth, Ga.; and Jairo Reyna-Ozuna, aka “Flaco,” 28, of Norcross, were convicted late yesterday in U.S. District Court in the Northern District of Georgia.
“These four MS-13 members committed a host of brutal crimes that devastated countless lives in Northern Georgia,” said Acting Assistant Attorney General Raman. “As a result of the tireless work by the prosecutors and investigators who tackled this case, the defendants will be removed from the streets they have terrorized.”
“These defendants were the leaders of MS-13, an international gang known for its gratuitous murders,” said U.S. Attorney Yates. “They spread fear throughout the community by killing suspected rival gang members and others who cross their path. We will continue to work with our law enforcement partners to protect our streets from turning into battlegrounds.”
“The defendants in this case indiscriminately brought murderous violence against rival gang members and innocent civilians alike,” said Brock D. Nicholson, Special Agent in Charge of HSI Atlanta. “HSI is proud to continue to partner with the FBI and the U.S. Attorney’s Office to target violent transnational gang members who threaten the safety of Atlanta communities.”
“Removing these violent gang members from the streets of metro Atlanta not only makes for a safer community but further weakens the Southeastern U.S. roots of this international criminal enterprise known as MS-13,” said Special Agent in Charge Mark F. Giuliano of the FBI Atlanta Field Office. “The FBI will continue to work with its various law enforcement partners in targeting this group, and others like them, in a unified and effective manner.”
According to the charges and other information presented in court, MS-13 is an international gang that has operated in the Atlanta area since at least 2005. During the course of this investigation, which ended in 2010, more than 75 MS-13 members were arrested, charged and/or deported. MS-13 members were organized into “cliques,” or groups, but they operated under the larger umbrella of MS-13. Each clique had a leader, usually referred to as “the first word,” who conducted weekly meetings, where members discussed their crimes against rival gang members and their plans to retaliate against their rivals. The clique leader collected dues from the gang members and used the money to buy guns and post bail for jailed members. Some of the money was sent back to the MS-13 leaders in El Salvador and Honduras. Clique leaders communicated with MS-13 leaders in their home countries to update them on gang activities in the Atlanta area. The gang members staked out Gwinnett and DeKalb Counties as their home territory, where they committed murders, attempted murders and armed robberies. They also sold cocaine as part of their gang activity.
The evidence presented at trial showed that the defendants committed the following crimes:
• Alvarado-Linares and Alfaro-Granados, along with another gang member, killed Lal Ko in October 2006. Ko was a fellow MS-13 member, but Alvarado-Linares, one of the gang leaders, thought that Ko was cooperating with police and ordered his murder.
• In December 2006, when another MS-13 gang member wanted to quit the gang, Alvarado-Linares and Alfaro-Granados ordered him to kill a rival gang member as a condition of leaving MS-13. On Christmas Eve 2006, that gang member, following orders, shot at a car on Highway 316 that he believed contained rival gang members. The passenger, Angel Gonzalez, was murdered. He was 20 years old.
• On New Year’s Eve 2006, Alvarado-Linares was at an apartment complex where he exchanged gang hand signs and insults with two members of the rival gang SUR-13. Alvarado-Linares then pulled out a gun and shot the men.
• In August 2007, Escobar got into a scuffle with two teenagers at a Shell gas station in Gwinnett County. Escobar reported the incident to Reyna-Ozuna, who was the gang leader at the time. Reyna-Ozuna gave Escobar a .45 caliber semi-automatic handgun to retaliate. Escobar went back to the Shell station and shot and killed one of the teenagers as he was painting lines in the parking lot. The victim was only 16 years old.
• In October 2007, Alvarado-Linares was in Gwinnett County and came across a suspected member of the 18th Street gang. Alvarado fired a shotgun and killed the victim, who was 15 years old.
Alvarado-Linares, Escobar and Alfaro-Granados were convicted of RICO conspiracy involving murder, which carries a maximum penalty of life in prison. Reyna-Ozuna was convicted of RICO conspiracy, which carries a maximum penalty of 20 years in prison. Alvarado-Linares, Escobar and Alfaro-Granados were also convicted of committing violent crimes in aid of racketeering, which carries a mandatory sentence of life in prison. All of the defendants were convicted of firearms offenses, which carry a sentence of up to and including life in prison. There is no parole in the federal system.
The sentencing for the four defendants will be scheduled at a later date before U.S. District Judge Richard W. Story in the Northern District of Georgia.
This case is being investigated by Special Agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Federal Bureau of Investigation, with assistance from the U.S. Marshals Service, Gwinnett County Police Department, DeKalb County Police Department, Norcross Police Department, Chamblee Police Department and Gwinnett County Sheriff’s Office.
Assistant U.S. Attorneys Paul R. Jones and Kim S. Dammers of the Northern District of Georgia and Trial Attorney Joseph K. Wheatley of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.
MS-13 Members Convicted in Atlanta for Murders and Attempted Murders
Gang Wreaked Havoc in Northern Georgia
After a four-week trial, a federal jury has convicted Miguel Alvarado-Linares, Ernesto Escobar, Dimas Alfaro-Granados and Jairo Reyna-Ozuna for committing multiple murders, attempted murders, armed robberies and firearms offenses in Gwinnett and DeKalb Counties.
The convictions were announced today by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney for the Northern District of Georgia Sally Quillian Yates; Brock D. Nicholson, Special Agent in Charge of U.S. Immigration and Customs Enforcement (ICE) – Homeland Security Investigations (HSI) in Atlanta; and Mark F. Giuliano, Special Agent in Charge of the FBI Atlanta Field Office.
Miguel Alvarado-Linares, aka “Joker,” 24, of Norcross, Ga.; Ernesto Escobar, aka “Pink Panther,” 30, of Norcross; Dimas Alfaro-Granados, aka “Toro,” 30, of Duluth, Ga.; and Jairo Reyna-Ozuna, aka “Flaco,” 28, of Norcross, were convicted late yesterday in U.S. District Court in the Northern District of Georgia.
“These four MS-13 members committed a host of brutal crimes that devastated countless lives in Northern Georgia,” said Acting Assistant Attorney General Raman. “As a result of the tireless work by the prosecutors and investigators who tackled this case, the defendants will be removed from the streets they have terrorized.”
“These defendants were the leaders of MS-13, an international gang known for its gratuitous murders,” said U.S. Attorney Yates. “They spread fear throughout the community by killing suspected rival gang members and others who cross their path. We will continue to work with our law enforcement partners to protect our streets from turning into battlegrounds.”
“The defendants in this case indiscriminately brought murderous violence against rival gang members and innocent civilians alike,” said Brock D. Nicholson, Special Agent in Charge of HSI Atlanta. “HSI is proud to continue to partner with the FBI and the U.S. Attorney’s Office to target violent transnational gang members who threaten the safety of Atlanta communities.”
“Removing these violent gang members from the streets of metro Atlanta not only makes for a safer community but further weakens the Southeastern U.S. roots of this international criminal enterprise known as MS-13,” said Special Agent in Charge Mark F. Giuliano of the FBI Atlanta Field Office. “The FBI will continue to work with its various law enforcement partners in targeting this group, and others like them, in a unified and effective manner.”
According to the charges and other information presented in court, MS-13 is an international gang that has operated in the Atlanta area since at least 2005. During the course of this investigation, which ended in 2010, more than 75 MS-13 members were arrested, charged and/or deported. MS-13 members were organized into “cliques,” or groups, but they operated under the larger umbrella of MS-13. Each clique had a leader, usually referred to as “the first word,” who conducted weekly meetings, where members discussed their crimes against rival gang members and their plans to retaliate against their rivals. The clique leader collected dues from the gang members and used the money to buy guns and post bail for jailed members. Some of the money was sent back to the MS-13 leaders in El Salvador and Honduras. Clique leaders communicated with MS-13 leaders in their home countries to update them on gang activities in the Atlanta area. The gang members staked out Gwinnett and DeKalb Counties as their home territory, where they committed murders, attempted murders and armed robberies. They also sold cocaine as part of their gang activity.
The evidence presented at trial showed that the defendants committed the following crimes:
• Alvarado-Linares and Alfaro-Granados, along with another gang member, killed Lal Ko in October 2006. Ko was a fellow MS-13 member, but Alvarado-Linares, one of the gang leaders, thought that Ko was cooperating with police and ordered his murder.
• In December 2006, when another MS-13 gang member wanted to quit the gang, Alvarado-Linares and Alfaro-Granados ordered him to kill a rival gang member as a condition of leaving MS-13. On Christmas Eve 2006, that gang member, following orders, shot at a car on Highway 316 that he believed contained rival gang members. The passenger, Angel Gonzalez, was murdered. He was 20 years old.
• On New Year’s Eve 2006, Alvarado-Linares was at an apartment complex where he exchanged gang hand signs and insults with two members of the rival gang SUR-13. Alvarado-Linares then pulled out a gun and shot the men.
• In August 2007, Escobar got into a scuffle with two teenagers at a Shell gas station in Gwinnett County. Escobar reported the incident to Reyna-Ozuna, who was the gang leader at the time. Reyna-Ozuna gave Escobar a .45 caliber semi-automatic handgun to retaliate. Escobar went back to the Shell station and shot and killed one of the teenagers as he was painting lines in the parking lot. The victim was only 16 years old.
• In October 2007, Alvarado-Linares was in Gwinnett County and came across a suspected member of the 18th Street gang. Alvarado fired a shotgun and killed the victim, who was 15 years old.
Alvarado-Linares, Escobar and Alfaro-Granados were convicted of RICO conspiracy involving murder, which carries a maximum penalty of life in prison. Reyna-Ozuna was convicted of RICO conspiracy, which carries a maximum penalty of 20 years in prison. Alvarado-Linares, Escobar and Alfaro-Granados were also convicted of committing violent crimes in aid of racketeering, which carries a mandatory sentence of life in prison. All of the defendants were convicted of firearms offenses, which carry a sentence of up to and including life in prison. There is no parole in the federal system.
The sentencing for the four defendants will be scheduled at a later date before U.S. District Judge Richard W. Story in the Northern District of Georgia.
This case is being investigated by Special Agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Federal Bureau of Investigation, with assistance from the U.S. Marshals Service, Gwinnett County Police Department, DeKalb County Police Department, Norcross Police Department, Chamblee Police Department and Gwinnett County Sheriff’s Office.
Assistant U.S. Attorneys Paul R. Jones and Kim S. Dammers of the Northern District of Georgia and Trial Attorney Joseph K. Wheatley of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.
Monday, July 22, 2013
OWNER OF SPORTSWEAR DISTRIBUTION BUSINESS PLEADS GUILTY TO TAX EVASION
FROM: U.S. JUSTICE DEPARTMENT
Thursday, July 18, 2013
Brooklyn Owner of Sportswear Distribution Business Pleads Guilty to Tax Evasion
The Justice Department and Internal Revenue Service (IRS) announced today that Harry Neuhoff, a resident of Brooklyn, N.Y., has pleaded guilty to tax evasion.
According to documents filed with the court, Neuhoff was president and an owner of EVA TEES Inc., formerly of Long Island City, N.Y. and presently located in Piscataway, N.J. From approximately 2006 to 2008, Neuhoff manipulated EVA TEES accounts through an accounting software program to delete cash sales from the general ledger accounts maintained on the computer accounting system. As a result, Neuhoff filed false corporate tax returns on behalf of EVA-TEES with the IRS that underreported the gross receipts of EVA TEES. Neuhoff’s conduct also correspondingly resulted in his filing of false personal income tax returns with the IRS for those years. According to the documents filed with the court, Neuhoff underreported the gross receipts of EVA TEES through computer manipulations by at least $1.5 million. Sentencing is scheduled for Nov. 8, 2013 before U.S. District Court Judge Edward Korman.
Neuhoff faces a maximum sentence of five years in prison, three years of supervised release, a $250,000 fine and a $100 special assessment. He has agreed to pay restitution to the IRS.
The case was investigated by IRS-Criminal Investigation. Trial Attorneys Mark Kotila and Karen E. Kelly of the Justice Department’s Tax Division prosecuted this case.
Thursday, July 18, 2013
Brooklyn Owner of Sportswear Distribution Business Pleads Guilty to Tax Evasion
The Justice Department and Internal Revenue Service (IRS) announced today that Harry Neuhoff, a resident of Brooklyn, N.Y., has pleaded guilty to tax evasion.
According to documents filed with the court, Neuhoff was president and an owner of EVA TEES Inc., formerly of Long Island City, N.Y. and presently located in Piscataway, N.J. From approximately 2006 to 2008, Neuhoff manipulated EVA TEES accounts through an accounting software program to delete cash sales from the general ledger accounts maintained on the computer accounting system. As a result, Neuhoff filed false corporate tax returns on behalf of EVA-TEES with the IRS that underreported the gross receipts of EVA TEES. Neuhoff’s conduct also correspondingly resulted in his filing of false personal income tax returns with the IRS for those years. According to the documents filed with the court, Neuhoff underreported the gross receipts of EVA TEES through computer manipulations by at least $1.5 million. Sentencing is scheduled for Nov. 8, 2013 before U.S. District Court Judge Edward Korman.
Neuhoff faces a maximum sentence of five years in prison, three years of supervised release, a $250,000 fine and a $100 special assessment. He has agreed to pay restitution to the IRS.
The case was investigated by IRS-Criminal Investigation. Trial Attorneys Mark Kotila and Karen E. Kelly of the Justice Department’s Tax Division prosecuted this case.
Sunday, July 21, 2013
JUSTICE ANNOUNCES FORMER CUSTOMS AND BORDER PATROL OFFICER SENTENCED IN ALIEN SMUGGLING CASE
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, July 18, 2013
Former U.S. Customs and Border Protection Officer and Four Associates Sentenced for Carrying out Bribery and Alien Smuggling Activities Along Mexican Border
A former U.S. Customs and Border Protection (CBP) officer, his girlfriend, his nephew and two of their associates were sentenced today in federal court for their participation in bribery and alien smuggling activities along the U.S./Mexico border spanning approximately two years, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
Former CBP Officer Juan Carlos Guerrero, 39, of Mission, Texas, was sentenced to 108 months in prison and ordered to pay a $30,000 fine by U.S. District Judge Andrew S. Hanen in the Southern District of Texas after pleading guilty last year to one count of substantive bribery, one count of conspiracy to commit bribery and one count of alien smuggling conspiracy. Guerrero’s girlfriend, Claudia Flores, 34, of Mission, was sentenced to 60 months in prison and also ordered to pay a $30,000 fine; Maribel Rivera, 43, also of Mission, was sentenced to 30 months in prison; and Rodolfo Caballero Rojas, 40, of Oklahoma City, was sentenced to 24 months in prison and ordered to pay a $6,000 fine. Each pleaded guilty last year to separate informations charging each of them with one count of conspiracy to commit bribery and alien smuggling. Guerrero’s nephew, Jose P. Cantu, 20, of Mission, was sentenced to 52 months in prison after having pleaded guilty to conspiracy to commit bribery and alien smuggling and a separate charge of conspiracy to import marijuana and cocaine.
According to court documents, between approximately October 2008 and approximately May 2011, Guerrero worked the midnight shift at the Hidalgo, Pharr and Anzaldvas Ports of Entry, where he was responsible for, among other things, vehicle inspections of northbound traffic traveling from Mexico to the United States.
According to court documents, between approximately January 2009 and approximately May 2011, Guerrero and Flores organized a bribery and alien smuggling operation, whereby Guerrero, Flores, Rivera, Rojas, Cantu and other co-conspirators arranged for aliens from Mexico to be smuggled into the United States through Guerrero’s inspection lanes in exchange for bribe payments ranging from $500 to $3,000 per alien. Guerrero admitted that he organized and directed a total of approximately 80 to 150 different smuggling events and that he knowingly permitted approximately 80 to 165 aliens to gain illegal entry into the United States.
According to court documents, Flores admitted that she helped Guerrero organize and direct a total of approximately 50 to 75 of the illegal crossings, in which approximately 50 to 100 aliens from Mexico gained illegal entry into the United States. Rivera admitted that she assisted Guerrero and Flores by identifying and soliciting aliens, communicating smuggling prices and details of the illegal crossings to the aliens and collecting bribe payments from the aliens on the behalf of Guerrero and Flores. Rojas admitted, among other things, that he assisted Guerrero by personally driving aliens through Guerrero’s inspection lane at the Anzalduas Point of Entry and that he paid Guerrero a bribe of approximately $1,500 as payment for Guerrero’s decision to permit an alien to pass illegally through his inspection lane.
Court documents further indicate that Cantu admitted to helping Guerrero separately organize and carry out approximately 40 illegal crossings, in which approximately 45 to 60 aliens from Mexico gained illegal entry into the United States. Additionally, Cantu independently smuggled 168.8 kilograms of marijuana and 3.9 kilograms of cocaine through Guerrero’s inspection lane in exchange for approximately $5,000 from another associate.
Guerrero, who was placed on administrative leave upon his arrest in October of last year, formally resigned his CBP post on Dec. 13, 2012, as part of his plea agreement.
Thursday, July 18, 2013
Former U.S. Customs and Border Protection Officer and Four Associates Sentenced for Carrying out Bribery and Alien Smuggling Activities Along Mexican Border
A former U.S. Customs and Border Protection (CBP) officer, his girlfriend, his nephew and two of their associates were sentenced today in federal court for their participation in bribery and alien smuggling activities along the U.S./Mexico border spanning approximately two years, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
Former CBP Officer Juan Carlos Guerrero, 39, of Mission, Texas, was sentenced to 108 months in prison and ordered to pay a $30,000 fine by U.S. District Judge Andrew S. Hanen in the Southern District of Texas after pleading guilty last year to one count of substantive bribery, one count of conspiracy to commit bribery and one count of alien smuggling conspiracy. Guerrero’s girlfriend, Claudia Flores, 34, of Mission, was sentenced to 60 months in prison and also ordered to pay a $30,000 fine; Maribel Rivera, 43, also of Mission, was sentenced to 30 months in prison; and Rodolfo Caballero Rojas, 40, of Oklahoma City, was sentenced to 24 months in prison and ordered to pay a $6,000 fine. Each pleaded guilty last year to separate informations charging each of them with one count of conspiracy to commit bribery and alien smuggling. Guerrero’s nephew, Jose P. Cantu, 20, of Mission, was sentenced to 52 months in prison after having pleaded guilty to conspiracy to commit bribery and alien smuggling and a separate charge of conspiracy to import marijuana and cocaine.
According to court documents, between approximately October 2008 and approximately May 2011, Guerrero worked the midnight shift at the Hidalgo, Pharr and Anzaldvas Ports of Entry, where he was responsible for, among other things, vehicle inspections of northbound traffic traveling from Mexico to the United States.
According to court documents, between approximately January 2009 and approximately May 2011, Guerrero and Flores organized a bribery and alien smuggling operation, whereby Guerrero, Flores, Rivera, Rojas, Cantu and other co-conspirators arranged for aliens from Mexico to be smuggled into the United States through Guerrero’s inspection lanes in exchange for bribe payments ranging from $500 to $3,000 per alien. Guerrero admitted that he organized and directed a total of approximately 80 to 150 different smuggling events and that he knowingly permitted approximately 80 to 165 aliens to gain illegal entry into the United States.
According to court documents, Flores admitted that she helped Guerrero organize and direct a total of approximately 50 to 75 of the illegal crossings, in which approximately 50 to 100 aliens from Mexico gained illegal entry into the United States. Rivera admitted that she assisted Guerrero and Flores by identifying and soliciting aliens, communicating smuggling prices and details of the illegal crossings to the aliens and collecting bribe payments from the aliens on the behalf of Guerrero and Flores. Rojas admitted, among other things, that he assisted Guerrero by personally driving aliens through Guerrero’s inspection lane at the Anzalduas Point of Entry and that he paid Guerrero a bribe of approximately $1,500 as payment for Guerrero’s decision to permit an alien to pass illegally through his inspection lane.
Court documents further indicate that Cantu admitted to helping Guerrero separately organize and carry out approximately 40 illegal crossings, in which approximately 45 to 60 aliens from Mexico gained illegal entry into the United States. Additionally, Cantu independently smuggled 168.8 kilograms of marijuana and 3.9 kilograms of cocaine through Guerrero’s inspection lane in exchange for approximately $5,000 from another associate.
Guerrero, who was placed on administrative leave upon his arrest in October of last year, formally resigned his CBP post on Dec. 13, 2012, as part of his plea agreement.
Saturday, July 20, 2013
ATTORNEY GENERAL HOLDER'S REMARKS ON PUERTO RICO POLICE AGREEMENT PRESS CONFERENCE
FROM: U.S. DEPARTMENT OF JUSTICE
Attorney General Eric Holder Delivers Remarks at Puerto Rico Agreement Press Conference
~ Wednesday, July 17, 2013
Good afternoon – buenas tardes – and thank you all for being here.
I’d like to thank Governor GarcÃa Padilla for welcoming me to San Juan today, and for hosting this important press conference. It is an honor to join him, Associate Attorney General West, Chief of the Special Litigation Section Jonathan Smith, Puerto Rico Secretary of Justice Sánchez Betances – and our distinguished colleagues – in announcing the latest action that the Department of Justice has taken to reduce crime, ensure public safety and promote the highest standards of professionalism and integrity throughout America’s law enforcement community.
Today, the Justice Department and the Commonwealth of Puerto Rico filed an historic and court-enforceable agreement to ensure that local police services will be delivered in a manner that is both highly effective and consistent with the Constitution, the laws of the United States and our most treasured values. This agreement will require the Puerto Rico Police Department to implement – and to sustain – a variety of policies and practices related to ethical and responsible policing; police training; the use of force; searches and seizures; equal protection and non-discrimination; community engagement; and more. These actions and policies are designed to remedy a range of longstanding and entrenched deficiencies that were uncovered by an extensive Justice Department investigation – many of which caused or contributed to unlawful conduct, such as the use of excessive force, including deadly force; misconduct to suppress the exercise of protected First Amendment rights; unconstitutional stops, searches and arrests; and other discriminatory practices, such as a systemic failure to investigate sexual assault and domestic violence allegations.
Once approved by Federal District Judge Gustavo Gelpi and fully implemented by the Commonwealth – and the men and women of the Puerto Rico Police Department – this agreement will serve as a blueprint for building a modern law enforcement agency that’s well-equipped to keep the people of Puerto Rico safe, while protecting their rights and civil liberties.
As we move forward, I’d like to acknowledge our strong partnership with Governor GarcÃa Padilla, Superintendent Héctor Pesquera and other officials here in Puerto Rico. I thank them for their commitment to addressing the problems that have been uncovered – which were both wide-ranging and deeply-rooted. I’d like to recognize the brave officers serving the Puerto Rico Police Department, who – through this agreement – will gain the tools, training and critical support they need. The reforms that flow from this agreement will make their jobs not only easier, but also safer, more effective and more rewarding. And as the agreement is implemented, the public’s confidence in the Department – and its willingness to cooperate in public safety initiatives – will increase.
Finally, I’d like to acknowledge all those whose individual contributions were instrumental in advancing the Justice Department’s investigation and making this agreement a reality. Under the leadership of Associate Attorney General West – as well as Assistant Attorney General Tom Perez and Deputy Assistant Attorney General Roy Austin, of the Department’s Civil Rights Division – the men and women of the Special Litigation Section have worked tirelessly for more than two years to make today’s announcement possible. Special thanks to the career attorneys, investigators and paralegals, led by Acting Deputy Chief Luis Saucedo, who conducted the investigation and negotiated this important agreement.
I thank Governor GarcÃa Padilla and his predecessor Luis Fortuño, who have shown a real commitment to reform. Most importantly, I’d like to thank the many police professionals, investigators, attorneys, experts, local officials, community leaders and other stakeholders who came together to examine troubling and illegal practices and find responsible solutions. And I particularly want to recognize and support the efforts that the Commonwealth of Puerto Rico has undertaken to ensure that the rights of all individuals – including our children – are protected.
As we speak, the Justice Department is collaborating with Commonwealth officials to develop safe, lawful and cost-effective alternatives to incarceration for the many young people caught up in the correctional system in Puerto Rico – facilities whose unsafe conditions have been the subject of department scrutiny and oversight for more than 15 years. I am encouraged to note that this Administration is committed to exploring juvenile correctional alternatives that have worked elsewhere. And we anticipate that these efforts will greatly reduce the need for large, and often unsafe, correctional institutions for young people across this beautiful island.
I believe everyone here can be proud of today’s outcome, which represents a critical step forward – and reaffirms the Justice Department’s commitment to fair and vigorous law enforcement at every level. We stand with you as partners committed to this goal, and I am pleased to announce several ways in which the Justice Department is bolstering our partnership. Because the agreement will institutionalize a culture of accountability, the Justice Department will make available $10 million in asset forfeiture funds – in addition to Puerto Rico’s equitable share of any assets seized and liquidated in the future – to defray the cost of modernizing and reforming the PRPD. In addition, the department is investing additional resources in joint taskforces between Justice Department components and local law enforcement agencies. We are extending an existing carjacking initiative involving 13 local task force officers detailed to the Federal Bureau of Investigation. We are creating a new task force, supported by 26 local task force officers, to enhance gun and drug interdiction efforts on the island. These task forces have a real impact on violent crime. The officers participating in them will obtain critical training to share with their colleagues, and help to build Puerto Rico’s internal capacity to improve public safety in the long-term.
The settlement and the additional resources we are announcing today underscore our determination to work closely with federal, local, and tribal authorities to protect not only the safety of our people – but also the civil rights we hold dear.
And, although I recognize that complete and lasting reform will not take hold overnight, I’m confident that this agreement lays out a clear path for responding to concerns, correcting troubling practices, safeguarding the rights of Puerto Rican citizens, restoring public trust, and ensuring public safety.
At this time, it is my privilege to introduce our distinguished host, and a key partner in this reform effort – Governor GarcÃa Padilla, who will provide additional details on today’s announcement.
Attorney General Eric Holder Delivers Remarks at Puerto Rico Agreement Press Conference
~ Wednesday, July 17, 2013
Good afternoon – buenas tardes – and thank you all for being here.
I’d like to thank Governor GarcÃa Padilla for welcoming me to San Juan today, and for hosting this important press conference. It is an honor to join him, Associate Attorney General West, Chief of the Special Litigation Section Jonathan Smith, Puerto Rico Secretary of Justice Sánchez Betances – and our distinguished colleagues – in announcing the latest action that the Department of Justice has taken to reduce crime, ensure public safety and promote the highest standards of professionalism and integrity throughout America’s law enforcement community.
Today, the Justice Department and the Commonwealth of Puerto Rico filed an historic and court-enforceable agreement to ensure that local police services will be delivered in a manner that is both highly effective and consistent with the Constitution, the laws of the United States and our most treasured values. This agreement will require the Puerto Rico Police Department to implement – and to sustain – a variety of policies and practices related to ethical and responsible policing; police training; the use of force; searches and seizures; equal protection and non-discrimination; community engagement; and more. These actions and policies are designed to remedy a range of longstanding and entrenched deficiencies that were uncovered by an extensive Justice Department investigation – many of which caused or contributed to unlawful conduct, such as the use of excessive force, including deadly force; misconduct to suppress the exercise of protected First Amendment rights; unconstitutional stops, searches and arrests; and other discriminatory practices, such as a systemic failure to investigate sexual assault and domestic violence allegations.
Once approved by Federal District Judge Gustavo Gelpi and fully implemented by the Commonwealth – and the men and women of the Puerto Rico Police Department – this agreement will serve as a blueprint for building a modern law enforcement agency that’s well-equipped to keep the people of Puerto Rico safe, while protecting their rights and civil liberties.
As we move forward, I’d like to acknowledge our strong partnership with Governor GarcÃa Padilla, Superintendent Héctor Pesquera and other officials here in Puerto Rico. I thank them for their commitment to addressing the problems that have been uncovered – which were both wide-ranging and deeply-rooted. I’d like to recognize the brave officers serving the Puerto Rico Police Department, who – through this agreement – will gain the tools, training and critical support they need. The reforms that flow from this agreement will make their jobs not only easier, but also safer, more effective and more rewarding. And as the agreement is implemented, the public’s confidence in the Department – and its willingness to cooperate in public safety initiatives – will increase.
Finally, I’d like to acknowledge all those whose individual contributions were instrumental in advancing the Justice Department’s investigation and making this agreement a reality. Under the leadership of Associate Attorney General West – as well as Assistant Attorney General Tom Perez and Deputy Assistant Attorney General Roy Austin, of the Department’s Civil Rights Division – the men and women of the Special Litigation Section have worked tirelessly for more than two years to make today’s announcement possible. Special thanks to the career attorneys, investigators and paralegals, led by Acting Deputy Chief Luis Saucedo, who conducted the investigation and negotiated this important agreement.
I thank Governor GarcÃa Padilla and his predecessor Luis Fortuño, who have shown a real commitment to reform. Most importantly, I’d like to thank the many police professionals, investigators, attorneys, experts, local officials, community leaders and other stakeholders who came together to examine troubling and illegal practices and find responsible solutions. And I particularly want to recognize and support the efforts that the Commonwealth of Puerto Rico has undertaken to ensure that the rights of all individuals – including our children – are protected.
As we speak, the Justice Department is collaborating with Commonwealth officials to develop safe, lawful and cost-effective alternatives to incarceration for the many young people caught up in the correctional system in Puerto Rico – facilities whose unsafe conditions have been the subject of department scrutiny and oversight for more than 15 years. I am encouraged to note that this Administration is committed to exploring juvenile correctional alternatives that have worked elsewhere. And we anticipate that these efforts will greatly reduce the need for large, and often unsafe, correctional institutions for young people across this beautiful island.
I believe everyone here can be proud of today’s outcome, which represents a critical step forward – and reaffirms the Justice Department’s commitment to fair and vigorous law enforcement at every level. We stand with you as partners committed to this goal, and I am pleased to announce several ways in which the Justice Department is bolstering our partnership. Because the agreement will institutionalize a culture of accountability, the Justice Department will make available $10 million in asset forfeiture funds – in addition to Puerto Rico’s equitable share of any assets seized and liquidated in the future – to defray the cost of modernizing and reforming the PRPD. In addition, the department is investing additional resources in joint taskforces between Justice Department components and local law enforcement agencies. We are extending an existing carjacking initiative involving 13 local task force officers detailed to the Federal Bureau of Investigation. We are creating a new task force, supported by 26 local task force officers, to enhance gun and drug interdiction efforts on the island. These task forces have a real impact on violent crime. The officers participating in them will obtain critical training to share with their colleagues, and help to build Puerto Rico’s internal capacity to improve public safety in the long-term.
The settlement and the additional resources we are announcing today underscore our determination to work closely with federal, local, and tribal authorities to protect not only the safety of our people – but also the civil rights we hold dear.
And, although I recognize that complete and lasting reform will not take hold overnight, I’m confident that this agreement lays out a clear path for responding to concerns, correcting troubling practices, safeguarding the rights of Puerto Rican citizens, restoring public trust, and ensuring public safety.
At this time, it is my privilege to introduce our distinguished host, and a key partner in this reform effort – Governor GarcÃa Padilla, who will provide additional details on today’s announcement.
DOJ ANNOUNCES MAN CHARGED IN COUNTERFEIT SEMICONDUCTOR CASE
FROM: U.S. DEPARTMENT OF JUSTICE
Monday, July 15, 2013
Massachusetts Man Charged with Selling Counterfeit Semiconductors Intended for Use on Nuclear Submarines
Peter Picone, 40, of Methuen, Mass., has been charged with importing counterfeit semiconductors from China for sale in the United States.
The charges were announced today by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; Acting U.S. Attorney for the District of Connecticut Deirdre M. Daly; Special Agent in Charge Bruce Foucart of U.S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations (HSI) in Boston; Acting Special Agent in Charge of Defense Criminal Investigative Service (DCIS) Northeast Field Office Craig W. Rupert; and Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Northeast Field Office Cheryl A. DiPrizio.
The eight-count indictment charges Picone with conspiring to traffic in counterfeit goods, conspiring to traffic in counterfeit military goods, trafficking in counterfeit goods, conspiring to commit wire fraud, wire fraud and conspiring to commit money laundering. The indictment was returned by a federal grand jury in New Haven on June 25, 2013, and was unsealed today.
The indictment charges that from February 2007 through April 2012, Picone, through two companies he owned and operated, Tytronix Inc. and Epic International Electronics, purchased counterfeit semiconductors from sources in Hong Kong and China. According to the indictment, Picone made false representations about the semiconductors and sold them to customers throughout the United States, including companies believed by Picone to be defense contractors in Connecticut and Florida. Certain semiconductors sold by Picone were intended for use on nuclear submarines.
“By allegedly purchasing and reselling counterfeit semiconductors for military applications, Peter Picone put personal gain above the safety and well-being of dedicated U.S. servicemen and women,” said Acting Assistant Attorney General Raman. “As charged in the indictment, Picone went to great lengths to conceal the true origin of counterfeit semiconductors in order to sell the devices as seemingly legitimate and reliable components for use in nuclear submarines and other complex machinery. The charges unsealed today demonstrate our steadfast commitment to working with our law enforcement partners to prosecute counterfeiters and others who risk the security of the men and women of the U.S. military.”
“Counterfeit semiconductors pose a serious health and safety risk to consumers and end-users, and an even greater threat to the safety of the men and women of our armed services when they are sold for use in the military,” said Acting U.S. Attorney Daly. “We will prosecute these types of cases to the fullest extent of the law.”
“Today’s charges demonstrate the continued commitment of the Defense Criminal Investigative Service and our peer agencies to protect the Department of Defense’s supply chain from being infiltrated and compromised with inferior components,” said DCIS Northeast Field Office Acting Special Agent in Charge Rupert. “Safeguarding our warfighters and ensuring their equipment functions at the absolute highest levels is vital to our nation’s defense and readiness. Detecting and dismantling the operations of suppliers who choose to make a profit by supplying counterfeit or inferior products is a DCIS priority. I applaud the agents and prosecutors who worked tirelessly to bring about this result.”
“Trafficking in counterfeit sensitive technologies is an extremely dangerous practice on several fronts. Not only are there significant risks associated with the transportation of this faulty equipment, but our own American servicemembers are also put in harm’s way when they encounter substandard equipment,” said ICE-HSI Special Agent in Charge Foucart. “One of HSI's top enforcement priorities is protecting the integrity of U.S. military products and other sensitive technology.”
“Counterfeit semiconductors represent a serious threat to the safety of our military service members and raise national security concerns,” said NCIS Special Agent in Charge DiPrizio. “The introduction of defective equipment into the military supply chain can result in product failure, property damage and even serious bodily injury, including death. Some of these counterfeit devices can also be preprogrammed with malicious code and enable computer network intrusion. NCIS has worked closely with our law enforcement partners at DCIS and ICE-HSI in identifying unscrupulous suppliers and bringing them to justice.”
Picone was arraigned before U.S. Magistrate Judge Donna F. Martinez of the District of Connecticut in Hartford, Conn., and was released on bond. Trial is scheduled for Sept. 9, 2013, before U.S. District Judge Alvin W. Thompson in Hartford.
If convicted of conspiracy to traffic in counterfeit goods, Picone faces a maximum penalty of five years in prison. If convicted of conspiracy to traffic in counterfeit military goods, Picone faces a maximum term of 20 years in prison. If convicted of trafficking in counterfeit goods, Picone faces a maximum term of 10 years in prison. If convicted of conspiracy to commit wire fraud, or wire fraud, Picone faces a maximum penalty of 20 years in prison. If convicted of conspiracy to commit money laundering, Picone faces a maximum term of 20 years in prison.
The indictment also seeks forfeiture of proceeds from illicit trafficking in counterfeit goods and wire fraud as well as the seizure of the goods and any property involved in the money laundering conspiracy.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
The case was jointly investigated by HSI, DCIS and NCIS. The case is being prosecuted by Assistant U.S. Attorney Edward Chang of the District of Connecticut and Trial Attorneys Kendra Ervin and Carol Sipperly of the Criminal Division’s Computer Crime and Intellectual Property Section. Trial Attorney Kristen M. Warden of the Criminal Division’s Asset Forfeiture and Money Laundering Section is assisting with the forfeiture aspects of the case.
The enforcement action announced today is one of many efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation, and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state, and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.
Monday, July 15, 2013
Massachusetts Man Charged with Selling Counterfeit Semiconductors Intended for Use on Nuclear Submarines
Peter Picone, 40, of Methuen, Mass., has been charged with importing counterfeit semiconductors from China for sale in the United States.
The charges were announced today by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; Acting U.S. Attorney for the District of Connecticut Deirdre M. Daly; Special Agent in Charge Bruce Foucart of U.S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations (HSI) in Boston; Acting Special Agent in Charge of Defense Criminal Investigative Service (DCIS) Northeast Field Office Craig W. Rupert; and Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Northeast Field Office Cheryl A. DiPrizio.
The eight-count indictment charges Picone with conspiring to traffic in counterfeit goods, conspiring to traffic in counterfeit military goods, trafficking in counterfeit goods, conspiring to commit wire fraud, wire fraud and conspiring to commit money laundering. The indictment was returned by a federal grand jury in New Haven on June 25, 2013, and was unsealed today.
The indictment charges that from February 2007 through April 2012, Picone, through two companies he owned and operated, Tytronix Inc. and Epic International Electronics, purchased counterfeit semiconductors from sources in Hong Kong and China. According to the indictment, Picone made false representations about the semiconductors and sold them to customers throughout the United States, including companies believed by Picone to be defense contractors in Connecticut and Florida. Certain semiconductors sold by Picone were intended for use on nuclear submarines.
“By allegedly purchasing and reselling counterfeit semiconductors for military applications, Peter Picone put personal gain above the safety and well-being of dedicated U.S. servicemen and women,” said Acting Assistant Attorney General Raman. “As charged in the indictment, Picone went to great lengths to conceal the true origin of counterfeit semiconductors in order to sell the devices as seemingly legitimate and reliable components for use in nuclear submarines and other complex machinery. The charges unsealed today demonstrate our steadfast commitment to working with our law enforcement partners to prosecute counterfeiters and others who risk the security of the men and women of the U.S. military.”
“Counterfeit semiconductors pose a serious health and safety risk to consumers and end-users, and an even greater threat to the safety of the men and women of our armed services when they are sold for use in the military,” said Acting U.S. Attorney Daly. “We will prosecute these types of cases to the fullest extent of the law.”
“Today’s charges demonstrate the continued commitment of the Defense Criminal Investigative Service and our peer agencies to protect the Department of Defense’s supply chain from being infiltrated and compromised with inferior components,” said DCIS Northeast Field Office Acting Special Agent in Charge Rupert. “Safeguarding our warfighters and ensuring their equipment functions at the absolute highest levels is vital to our nation’s defense and readiness. Detecting and dismantling the operations of suppliers who choose to make a profit by supplying counterfeit or inferior products is a DCIS priority. I applaud the agents and prosecutors who worked tirelessly to bring about this result.”
“Trafficking in counterfeit sensitive technologies is an extremely dangerous practice on several fronts. Not only are there significant risks associated with the transportation of this faulty equipment, but our own American servicemembers are also put in harm’s way when they encounter substandard equipment,” said ICE-HSI Special Agent in Charge Foucart. “One of HSI's top enforcement priorities is protecting the integrity of U.S. military products and other sensitive technology.”
“Counterfeit semiconductors represent a serious threat to the safety of our military service members and raise national security concerns,” said NCIS Special Agent in Charge DiPrizio. “The introduction of defective equipment into the military supply chain can result in product failure, property damage and even serious bodily injury, including death. Some of these counterfeit devices can also be preprogrammed with malicious code and enable computer network intrusion. NCIS has worked closely with our law enforcement partners at DCIS and ICE-HSI in identifying unscrupulous suppliers and bringing them to justice.”
Picone was arraigned before U.S. Magistrate Judge Donna F. Martinez of the District of Connecticut in Hartford, Conn., and was released on bond. Trial is scheduled for Sept. 9, 2013, before U.S. District Judge Alvin W. Thompson in Hartford.
If convicted of conspiracy to traffic in counterfeit goods, Picone faces a maximum penalty of five years in prison. If convicted of conspiracy to traffic in counterfeit military goods, Picone faces a maximum term of 20 years in prison. If convicted of trafficking in counterfeit goods, Picone faces a maximum term of 10 years in prison. If convicted of conspiracy to commit wire fraud, or wire fraud, Picone faces a maximum penalty of 20 years in prison. If convicted of conspiracy to commit money laundering, Picone faces a maximum term of 20 years in prison.
The indictment also seeks forfeiture of proceeds from illicit trafficking in counterfeit goods and wire fraud as well as the seizure of the goods and any property involved in the money laundering conspiracy.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
The case was jointly investigated by HSI, DCIS and NCIS. The case is being prosecuted by Assistant U.S. Attorney Edward Chang of the District of Connecticut and Trial Attorneys Kendra Ervin and Carol Sipperly of the Criminal Division’s Computer Crime and Intellectual Property Section. Trial Attorney Kristen M. Warden of the Criminal Division’s Asset Forfeiture and Money Laundering Section is assisting with the forfeiture aspects of the case.
The enforcement action announced today is one of many efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation, and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state, and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.
Friday, July 19, 2013
POSTAL JOBS SCHEME OPERATORS BANNED FROM SELLING EMPLOYMENT SERVICES .
FROM: FEDERAL TRADE COMMISSION
Operators of Postal Jobs Scheme Banned from Selling Employment Services
Under settlement orders with the Federal Trade Commission announced today, the operators of an alleged federal jobs scam have been banned from selling employment products or services. Last year, as part of Operation Lost Opportunity, the FTC charged Career Exams, Inc., O’Brien Marketing, Inc., Jeryn B. Lee, and Derek Jackson with running deceptive ads for nonexistent U.S. Postal Service jobs. The FTC alleged that the defendants lured consumers into paying $120 by representing that Postal Service jobs were available in the consumer’s geographic area. Instead of jobs, consumers simply received a booklet containing general information about the hiring process for the federal civil service and Postal Service.
In addition to banning the defendants from selling employment products or services, the settlement orders prohibit the defendants from misrepresenting material facts about any products and services that they market or sell in the future. Under the orders, the defendants will surrender cash and investments totaling approximately $45,000. The orders also impose a $4.8 million judgment that will be partially suspended based on the defendants’ inability to pay the full judgment. The full judgment will become due immediately if the defendants are found to have misrepresented their financial condition.
The Commission vote authorizing the staff to file the proposed consent judgments settling this action was 4-0. The consent judgments were entered by U.S. District Court for the Western District of Kentucky on June 28 and July 10, 2013.
NOTE: Consent judgments have the force of law when approved and signed by the District Court judge.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.
Operators of Postal Jobs Scheme Banned from Selling Employment Services
Under settlement orders with the Federal Trade Commission announced today, the operators of an alleged federal jobs scam have been banned from selling employment products or services. Last year, as part of Operation Lost Opportunity, the FTC charged Career Exams, Inc., O’Brien Marketing, Inc., Jeryn B. Lee, and Derek Jackson with running deceptive ads for nonexistent U.S. Postal Service jobs. The FTC alleged that the defendants lured consumers into paying $120 by representing that Postal Service jobs were available in the consumer’s geographic area. Instead of jobs, consumers simply received a booklet containing general information about the hiring process for the federal civil service and Postal Service.
In addition to banning the defendants from selling employment products or services, the settlement orders prohibit the defendants from misrepresenting material facts about any products and services that they market or sell in the future. Under the orders, the defendants will surrender cash and investments totaling approximately $45,000. The orders also impose a $4.8 million judgment that will be partially suspended based on the defendants’ inability to pay the full judgment. The full judgment will become due immediately if the defendants are found to have misrepresented their financial condition.
The Commission vote authorizing the staff to file the proposed consent judgments settling this action was 4-0. The consent judgments were entered by U.S. District Court for the Western District of Kentucky on June 28 and July 10, 2013.
NOTE: Consent judgments have the force of law when approved and signed by the District Court judge.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.
DEFENDANTS SETTLE IN 'RACHEL ROBOCALL" SCHEME
FROM: U.S. FEDERAL TRADE COMMISSION
FTC Settles ‘Rachel’ Robocall Enforcement Case
The Federal Trade Commission has settled with a set of defendants associated with the A+ Financial Center scheme. They were charged in last year’s joint law enforcement sweep against five companies that made millions of illegal pre-recorded robocalls claiming to be from “Rachel” and “Cardholder Services” and pitching credit card interest rate reduction services.
In the five complaints announced in November 2012, the FTC charged the companies and their principals with misleading consumers about their services, calling phone numbers on the Do Not Call Registry, illegally collecting up-front fees, and making illegal robocalls. According to the FTC, the A+ Financial Center defendants told consumers that for an up-front fee of between $495 and $1,595, they would lower their credit card interest rate, often promising rates as low as six percent or even zero percent. But after collecting the fee, the defendants did little if anything to help consumers lower their credit card interest rates, or obtain the promised long-term savings.
In settling the FTC’s charges, the defendants are banned from making robocalls, continuing to pitch unsecured debt relief services, misrepresenting the attributes of any financial product or service, and engaging in abusive telemarketing practices such as calling numbers on the Do Not Call Registry. The order also prohibits the defendants from misrepresenting the attributes of any goods or services, and from misrepresenting their relationship with any bank, credit card issuer, credit reporting agency, other lender, or government entity. It also requires them to have reliable evidence to support any claims they make to consumers.
In addition, the proposed order prohibits the A+ defendants from disclosing or benefiting from their customer lists, and prohibits them from collecting or trying to collect money from any consumer who bought their service. Finally, it imposes a judgment of $9,238,155, which will be suspended after defendants transfer all of their assets (except $25,000), including a 2007 Mercedes Benz CL, a 1999 boat valued at approximately $17,000, and a 2002 boat worth about $45,000.
The case against A+ Financial Center, LLC was filed in the U.S. District Court for the Southern District of Florida against the following defendants: A+ Financial Center, LLC, also doing business as Accelerated Financial Centers, LLC; Accelerated Accounting Services LLC; Christopher L. Miano, individually and as the managing member of Accelerated Accounting Services LLC; and Dana M. Miano, individually and as the managing member of A+ Financial Center, LLC.
The Commission vote approving the proposed settlement was 4-0.
Information for Consumers
The FTC has tips for consumers, as well as two new consumer education videos explaining robocalls and describing what consumers should do when they receive one. See ftc.gov/robocalls for more information.
NOTE: Consent judgments have the force of law when approved and signed by the District Court judge.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.
FTC Settles ‘Rachel’ Robocall Enforcement Case
The Federal Trade Commission has settled with a set of defendants associated with the A+ Financial Center scheme. They were charged in last year’s joint law enforcement sweep against five companies that made millions of illegal pre-recorded robocalls claiming to be from “Rachel” and “Cardholder Services” and pitching credit card interest rate reduction services.
In the five complaints announced in November 2012, the FTC charged the companies and their principals with misleading consumers about their services, calling phone numbers on the Do Not Call Registry, illegally collecting up-front fees, and making illegal robocalls. According to the FTC, the A+ Financial Center defendants told consumers that for an up-front fee of between $495 and $1,595, they would lower their credit card interest rate, often promising rates as low as six percent or even zero percent. But after collecting the fee, the defendants did little if anything to help consumers lower their credit card interest rates, or obtain the promised long-term savings.
In settling the FTC’s charges, the defendants are banned from making robocalls, continuing to pitch unsecured debt relief services, misrepresenting the attributes of any financial product or service, and engaging in abusive telemarketing practices such as calling numbers on the Do Not Call Registry. The order also prohibits the defendants from misrepresenting the attributes of any goods or services, and from misrepresenting their relationship with any bank, credit card issuer, credit reporting agency, other lender, or government entity. It also requires them to have reliable evidence to support any claims they make to consumers.
In addition, the proposed order prohibits the A+ defendants from disclosing or benefiting from their customer lists, and prohibits them from collecting or trying to collect money from any consumer who bought their service. Finally, it imposes a judgment of $9,238,155, which will be suspended after defendants transfer all of their assets (except $25,000), including a 2007 Mercedes Benz CL, a 1999 boat valued at approximately $17,000, and a 2002 boat worth about $45,000.
The case against A+ Financial Center, LLC was filed in the U.S. District Court for the Southern District of Florida against the following defendants: A+ Financial Center, LLC, also doing business as Accelerated Financial Centers, LLC; Accelerated Accounting Services LLC; Christopher L. Miano, individually and as the managing member of Accelerated Accounting Services LLC; and Dana M. Miano, individually and as the managing member of A+ Financial Center, LLC.
The Commission vote approving the proposed settlement was 4-0.
Information for Consumers
The FTC has tips for consumers, as well as two new consumer education videos explaining robocalls and describing what consumers should do when they receive one. See ftc.gov/robocalls for more information.
NOTE: Consent judgments have the force of law when approved and signed by the District Court judge.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.
Thursday, July 18, 2013
CFTC OBTAINS PERMANENT INJUNCTION AGAINST CALIFORNIA RESIDENT FOR PART IN COMMODITY POOL FRAUD SCHEME
FROM: COMMODITY FUTURES TRADING COMMISSION
CFTC Obtains Default Judgment and Permanent Injunction against California Resident Michael J. Leighton for Defrauding Commodity Pool Participants
Court Orders Leighton to Pay over $2.3 Million in Sanctions and Restitution and Permanently Bars Him from the Commodities Industry
Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced that Judge Philip S. Gutierrez of the U.S. District Court for the Central District of California entered an Order of Default Judgment and Permanent Injunction against Michael J. Leighton of Torrance, California. The Order, entered on July 8, 2013, stems from a CFTC enforcement action filed on May 8, 2012 charging Leighton with solicitation fraud and issuing false statements in connection with the operation of a commodity trading pool (see CFTC Release 6256-12).
The Order requires Leighton to pay $1,650,230 in restitution to defrauded pool participants and a $700,000 civil monetary penalty. It also permanently enjoins Leighton from violating the anti-fraud provisions of the Commodity Exchange Act and Commission Regulations, as charged, and permanently bans Leighton from trading or engaging in activity requiring registration with the CFTC.
The Order finds that Leighton defrauded and deceived at least 48 pool participants who invested at least $1.65 million in a commodity pool he operated from at least July 2008 to March 2012. The Order also finds that Leighton willfully or recklessly misrepresented to pool participants and prospective participants that he was a successful trader and that his pool was profitable. It further finds that Leighton lost over $1.3 million of pool participant funds through trading. Leighton did not disclose those loses and, instead, issued false written statements to pool participants misrepresenting the profitability and value of their respective shares of the Leighton pool. The Order further finds that Leighton falsely represented that the National Futures Association (NFA) and CME Group, Inc. were conducting an audit or review of the pool that prevented him from making any distributions or cash withdrawals to pool participants. The Order additionally finds that, in fact, no such audits or reviews occurred and that Leighton also created and distributed a fabricated document that purported to be an audit report issued by the NFA.
In a related criminal action filed on May 9, 2012, the U.S. Attorney’s Office for the Central District of California charged Leighton with one count of commodities fraud in violation of Title 18, U.S.C. § 1348(2). United States v. Leighton, Case No. 2:12-cr-00439. Leighton entered a guilty plea in the related criminal action on July 11, 2012, and was sentenced to 60 months imprisonment on March 4, 2013.
The CFTC thanks the U.S. Attorney’s Office for the Central District of California, the Los Angeles Office of the Federal Bureau of Investigation, and the NFA for their assistance and cooperation in this action.
CFTC Division of Enforcement staff members responsible for this case are Elizabeth N. Pendleton, Melissa Glasbrenner, William P. Janulis, Scott Williamson, Rosemary Hollinger, and Richard B. Wagner.
CFTC Obtains Default Judgment and Permanent Injunction against California Resident Michael J. Leighton for Defrauding Commodity Pool Participants
Court Orders Leighton to Pay over $2.3 Million in Sanctions and Restitution and Permanently Bars Him from the Commodities Industry
Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced that Judge Philip S. Gutierrez of the U.S. District Court for the Central District of California entered an Order of Default Judgment and Permanent Injunction against Michael J. Leighton of Torrance, California. The Order, entered on July 8, 2013, stems from a CFTC enforcement action filed on May 8, 2012 charging Leighton with solicitation fraud and issuing false statements in connection with the operation of a commodity trading pool (see CFTC Release 6256-12).
The Order requires Leighton to pay $1,650,230 in restitution to defrauded pool participants and a $700,000 civil monetary penalty. It also permanently enjoins Leighton from violating the anti-fraud provisions of the Commodity Exchange Act and Commission Regulations, as charged, and permanently bans Leighton from trading or engaging in activity requiring registration with the CFTC.
The Order finds that Leighton defrauded and deceived at least 48 pool participants who invested at least $1.65 million in a commodity pool he operated from at least July 2008 to March 2012. The Order also finds that Leighton willfully or recklessly misrepresented to pool participants and prospective participants that he was a successful trader and that his pool was profitable. It further finds that Leighton lost over $1.3 million of pool participant funds through trading. Leighton did not disclose those loses and, instead, issued false written statements to pool participants misrepresenting the profitability and value of their respective shares of the Leighton pool. The Order further finds that Leighton falsely represented that the National Futures Association (NFA) and CME Group, Inc. were conducting an audit or review of the pool that prevented him from making any distributions or cash withdrawals to pool participants. The Order additionally finds that, in fact, no such audits or reviews occurred and that Leighton also created and distributed a fabricated document that purported to be an audit report issued by the NFA.
In a related criminal action filed on May 9, 2012, the U.S. Attorney’s Office for the Central District of California charged Leighton with one count of commodities fraud in violation of Title 18, U.S.C. § 1348(2). United States v. Leighton, Case No. 2:12-cr-00439. Leighton entered a guilty plea in the related criminal action on July 11, 2012, and was sentenced to 60 months imprisonment on March 4, 2013.
The CFTC thanks the U.S. Attorney’s Office for the Central District of California, the Los Angeles Office of the Federal Bureau of Investigation, and the NFA for their assistance and cooperation in this action.
CFTC Division of Enforcement staff members responsible for this case are Elizabeth N. Pendleton, Melissa Glasbrenner, William P. Janulis, Scott Williamson, Rosemary Hollinger, and Richard B. Wagner.
Wednesday, July 17, 2013
SEC ANNOUNCES SERIAL FRAUDSTER SENTENCED TO FIVE YEARS IN PRISON
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
Serial Fraudster Matthew J. Gagnon Sentenced to Five Years in Prison
The Securities and Exchange Commission announced that on July 9, 2013, the Honorable Mark A. Goldsmith of the United States District Court for the Eastern District of Michigan sentenced Matthew J. Gagnon to five years of incarceration followed by three years of supervised release and ordered Gagnon to pay over $4.4 million in restitution to his victims. Gagnon, 45, of Portland, Oregon, pleaded guilty to one count of criminal securities fraud for promoting a securities offering without fully disclosing the amount of his compensation in connection with his promotion of the $72 million Legisi Ponzi scheme in 2006 and 2007, in violation of Section 17(b) of the Securities Act of 1933.
The criminal charges arose out of the same facts that were the subject of a civil injunctive action that the Commission filed against Gagnon on May 11, 2010. The Commission's complaint alleged that since 1997, Gagnon had billed himself as an Internet business opportunity expert and his website as “the world’s first and largest opportunity review website.” According to the SEC’s complaint, from January 2006 through approximately August 2007, Gagnon helped orchestrate a massive Ponzi scheme conducted by Gregory N. McKnight and his company, Legisi Holdings, LLC, which raised a total of approximately $72 million from over 3,000 investors by promising returns of upwards of 15% a month. The complaint also alleged that Gagnon promoted Legisi but in doing so misled investors by claiming, among other things, that he had thoroughly researched McKnight and Legisi and had determined Legisi to be a legitimate and safe investment. The complaint alleged that Gagnon had no basis for the claims he made about McKnight and Legisi. Gagnon also failed to disclose to investors that he was to receive 50% of Legisi's purported "profits" under his agreement with McKnight. According to the complaint, Gagnon received a net of approximately $3.8 million in Legisi investor funds from McKnight for his participation in the scheme.
The SEC's complaint further alleged that beginning in August 2007, Gagnon fraudulently offered and sold securities representing interests in a new company that purportedly was to develop resort properties. The complaint alleged that Gagnon, among other things, falsely claimed that the investment was risk-free and "SEC compliant," and guaranteed a 200% return in 14 months. In reality, however, Gagnon sent the money to a twice-convicted felon, did not register the investment with the SEC, and knew such an outlandish return was impossible. Gagnon took in at least $361,865 from 21 investors.
The SEC's complaint also alleged that in April 2009, Gagnon began promoting a fraudulent offering of interests in a purported Forex trading venture. Gagnon guaranteed that the venture would generate returns of 2% a month or 30% a year for his investors. Gagnon's claims were false, and he had had no basis for making them because Gagnon never reviewed his friend’s trading records before promoting the offering, which would have shown over $150,000 in losses over the previous nine months.
The SEC's complaint charged Gagnon with violating Sections 5(a), 5(c), 17(a) and 17(b) of the Securities Act of 1933 and Sections 10(b) and 15(a)(1) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint sought preliminary and permanent injunctions, disgorgement, and civil penalties from Gagnon. On May 24, 2010, the SEC obtained an emergency order freezing Gagnon’s assets and other preliminary relief. Subsequently, on August 6, 2010, the Court granted an order of preliminary injunction against Gagnon pursuant to his consent. On March 22, 2012, the Court granted the SEC’s motion for summary judgment and entered a final judgment against Gagnon. The Court found that Gagnon violated the registration, anti-fraud, and anti-touting provisions of the federal securities laws. The Court’s final judgment against Gagnon permanently enjoined him from future violations of Sections 5(a), 5(c), 17(a) and 17(b) of the Securities Act of 1933 and Sections 10(b) and 15(a)(1) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and ordered Gagnon to pay $3,613,259 in disgorgement, $488,570.47 in prejudgment interest, and a $100,000 civil penalty.
On May 2, 2012, the SEC instituted related administrative proceedings against Gagnon to determine what, if any, remedial action was appropriate and in the public interest. On July 31, 2012, the SEC issued an Order Making Findings and Imposing Sanctions by Default barring Gagnon from association with any broker or dealer.
Serial Fraudster Matthew J. Gagnon Sentenced to Five Years in Prison
The Securities and Exchange Commission announced that on July 9, 2013, the Honorable Mark A. Goldsmith of the United States District Court for the Eastern District of Michigan sentenced Matthew J. Gagnon to five years of incarceration followed by three years of supervised release and ordered Gagnon to pay over $4.4 million in restitution to his victims. Gagnon, 45, of Portland, Oregon, pleaded guilty to one count of criminal securities fraud for promoting a securities offering without fully disclosing the amount of his compensation in connection with his promotion of the $72 million Legisi Ponzi scheme in 2006 and 2007, in violation of Section 17(b) of the Securities Act of 1933.
The criminal charges arose out of the same facts that were the subject of a civil injunctive action that the Commission filed against Gagnon on May 11, 2010. The Commission's complaint alleged that since 1997, Gagnon had billed himself as an Internet business opportunity expert and his website as “the world’s first and largest opportunity review website.” According to the SEC’s complaint, from January 2006 through approximately August 2007, Gagnon helped orchestrate a massive Ponzi scheme conducted by Gregory N. McKnight and his company, Legisi Holdings, LLC, which raised a total of approximately $72 million from over 3,000 investors by promising returns of upwards of 15% a month. The complaint also alleged that Gagnon promoted Legisi but in doing so misled investors by claiming, among other things, that he had thoroughly researched McKnight and Legisi and had determined Legisi to be a legitimate and safe investment. The complaint alleged that Gagnon had no basis for the claims he made about McKnight and Legisi. Gagnon also failed to disclose to investors that he was to receive 50% of Legisi's purported "profits" under his agreement with McKnight. According to the complaint, Gagnon received a net of approximately $3.8 million in Legisi investor funds from McKnight for his participation in the scheme.
The SEC's complaint further alleged that beginning in August 2007, Gagnon fraudulently offered and sold securities representing interests in a new company that purportedly was to develop resort properties. The complaint alleged that Gagnon, among other things, falsely claimed that the investment was risk-free and "SEC compliant," and guaranteed a 200% return in 14 months. In reality, however, Gagnon sent the money to a twice-convicted felon, did not register the investment with the SEC, and knew such an outlandish return was impossible. Gagnon took in at least $361,865 from 21 investors.
The SEC's complaint also alleged that in April 2009, Gagnon began promoting a fraudulent offering of interests in a purported Forex trading venture. Gagnon guaranteed that the venture would generate returns of 2% a month or 30% a year for his investors. Gagnon's claims were false, and he had had no basis for making them because Gagnon never reviewed his friend’s trading records before promoting the offering, which would have shown over $150,000 in losses over the previous nine months.
The SEC's complaint charged Gagnon with violating Sections 5(a), 5(c), 17(a) and 17(b) of the Securities Act of 1933 and Sections 10(b) and 15(a)(1) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint sought preliminary and permanent injunctions, disgorgement, and civil penalties from Gagnon. On May 24, 2010, the SEC obtained an emergency order freezing Gagnon’s assets and other preliminary relief. Subsequently, on August 6, 2010, the Court granted an order of preliminary injunction against Gagnon pursuant to his consent. On March 22, 2012, the Court granted the SEC’s motion for summary judgment and entered a final judgment against Gagnon. The Court found that Gagnon violated the registration, anti-fraud, and anti-touting provisions of the federal securities laws. The Court’s final judgment against Gagnon permanently enjoined him from future violations of Sections 5(a), 5(c), 17(a) and 17(b) of the Securities Act of 1933 and Sections 10(b) and 15(a)(1) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and ordered Gagnon to pay $3,613,259 in disgorgement, $488,570.47 in prejudgment interest, and a $100,000 civil penalty.
On May 2, 2012, the SEC instituted related administrative proceedings against Gagnon to determine what, if any, remedial action was appropriate and in the public interest. On July 31, 2012, the SEC issued an Order Making Findings and Imposing Sanctions by Default barring Gagnon from association with any broker or dealer.
Tuesday, July 16, 2013
LA COSA NOSTRA ASSOCIATE SENTENCED TO PRISON FOR 96 MONTHS
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, July 12, 2013
Philadelphia La Cosa Nostra Associate Sentenced to 96 Months in Prison
Gary Battaglini was sentenced today to serve 96 months in prison for his participation in a racketeering conspiracy involving loan sharking and illegal gambling, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania and Edward J. Hanko, Special Agent in Charge of the FBI’s Philadelphia Division.
Battaglini, 52, of Sewell, N.J., was sentenced by U.S. District Judge Eduardo C. Robreno in the Eastern District of Pennsylvania. In addition to his prison term, Battaglini was sentenced to serve three years of supervised release.
On Feb. 5, 2013, after a four-month trial, a jury convicted Battaglini of conspiring to conduct and participate in the affairs of the Philadelphia La Cosa Nostra (LCN) Family through a pattern of racketeering activity. The evidence at trial proved that, in furtherance of the racketeering conspiracy, Battaglini, as an LCN Family “associate,” engaged in loan sharking and illegal sports bookmaking activities on behalf of the mob. Battaglini exploited the violent reputation of the Philadelphia LCN Family in extending usurious loans and collecting payments on the loans, leaving the borrowers in fear of physical harm if they did not pay promptly.
The case is being prosecuted by Trial Attorney John S. Han of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Frank A. Labor III and Suzanne B. Ercole of the Eastern District of Pennsylvania. Valuable prosecutorial assistance was provided by the Pennsylvania Office of the Attorney General.
A total of 12 leaders, members and associates of the Philadelphia LCN Family have pleaded guilty or been convicted by a jury as part of this case. Six of the defendants, including Battaglini, have been sentenced, and six are awaiting sentencing.
The case is being investigated by the FBI, Internal Revenue Service-Criminal Investigation, Pennsylvania State Police, New Jersey State Police, Philadelphia Police Department, U.S. Department of Labor’s Office of Inspector General Office of Labor Racketeering and Fraud Investigations, and U.S. Department of Labor’s Employee Benefits Security Administration. Additional assistance was provided by the New Jersey Department of Corrections.
Friday, July 12, 2013
Philadelphia La Cosa Nostra Associate Sentenced to 96 Months in Prison
Gary Battaglini was sentenced today to serve 96 months in prison for his participation in a racketeering conspiracy involving loan sharking and illegal gambling, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania and Edward J. Hanko, Special Agent in Charge of the FBI’s Philadelphia Division.
Battaglini, 52, of Sewell, N.J., was sentenced by U.S. District Judge Eduardo C. Robreno in the Eastern District of Pennsylvania. In addition to his prison term, Battaglini was sentenced to serve three years of supervised release.
On Feb. 5, 2013, after a four-month trial, a jury convicted Battaglini of conspiring to conduct and participate in the affairs of the Philadelphia La Cosa Nostra (LCN) Family through a pattern of racketeering activity. The evidence at trial proved that, in furtherance of the racketeering conspiracy, Battaglini, as an LCN Family “associate,” engaged in loan sharking and illegal sports bookmaking activities on behalf of the mob. Battaglini exploited the violent reputation of the Philadelphia LCN Family in extending usurious loans and collecting payments on the loans, leaving the borrowers in fear of physical harm if they did not pay promptly.
The case is being prosecuted by Trial Attorney John S. Han of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Frank A. Labor III and Suzanne B. Ercole of the Eastern District of Pennsylvania. Valuable prosecutorial assistance was provided by the Pennsylvania Office of the Attorney General.
A total of 12 leaders, members and associates of the Philadelphia LCN Family have pleaded guilty or been convicted by a jury as part of this case. Six of the defendants, including Battaglini, have been sentenced, and six are awaiting sentencing.
The case is being investigated by the FBI, Internal Revenue Service-Criminal Investigation, Pennsylvania State Police, New Jersey State Police, Philadelphia Police Department, U.S. Department of Labor’s Office of Inspector General Office of Labor Racketeering and Fraud Investigations, and U.S. Department of Labor’s Employee Benefits Security Administration. Additional assistance was provided by the New Jersey Department of Corrections.
Monday, July 15, 2013
FORMER ARMY CAPTAIN PLEADS GUILTY TO ACCEPTING BRIBES FROM CONTRACTORS IN IRAQ
FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, July 10, 2013
Former U.S. Army Reserve Captain Pleads Guilty in Nevada to Bribery Scheme
A former U.S. Army Reserve captain pleaded guilty today to accepting more than $90,000 in bribes from contractors while he was deployed to Iraq, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Daniel G. Bogden of the District of Nevada.
Edward William Knotts III, 51, of Gibbon, Neb., pleaded guilty before U.S. District Judge James Mahan in the District of Nevada to a criminal information charging him with one count of bribery. He faces a maximum penalty of 15 years in prison when he is sentenced on Oct. 8, 2013.
According to court documents, from December 2005 until December 2007, Knotts was stationed at Camp Buehring, Kuwait, as a contracting officer’s representative for contracts between the U.S. Army and local contractors to provide services to support the operations at Camp Buehring and another U.S. camp in Kuwait.
In November 2006, Knotts entered into an agreement with a Kuwait-based corporation to receive a monthly fee from the corporation in return for providing confidential bidding information about U.S. Army contracts. Between November 2006 and November 2007, the corporation paid him approximately $31,500 in cash. In June 2007, a representative of the corporation paid Knotts $40,000 at a hotel room in Las Vegas in return for his promise to provide confidential bid information and in anticipation of the corporation hiring him. Knotts received another similar cash payment of $20,000 in August 2008 in a different Las Vegas hotel.
This case was investigated by the Special Inspector General for Iraq Reconstruction, Defense Criminal Investigative Service and U.S. Army Criminal Investigation Command. The case is being prosecuted by Director of Procurement Fraud Litigation Catherine Votaw and Trial Attorney Brian Young of the Criminal Division’s Fraud Section.
Wednesday, July 10, 2013
Former U.S. Army Reserve Captain Pleads Guilty in Nevada to Bribery Scheme
A former U.S. Army Reserve captain pleaded guilty today to accepting more than $90,000 in bribes from contractors while he was deployed to Iraq, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Daniel G. Bogden of the District of Nevada.
Edward William Knotts III, 51, of Gibbon, Neb., pleaded guilty before U.S. District Judge James Mahan in the District of Nevada to a criminal information charging him with one count of bribery. He faces a maximum penalty of 15 years in prison when he is sentenced on Oct. 8, 2013.
According to court documents, from December 2005 until December 2007, Knotts was stationed at Camp Buehring, Kuwait, as a contracting officer’s representative for contracts between the U.S. Army and local contractors to provide services to support the operations at Camp Buehring and another U.S. camp in Kuwait.
In November 2006, Knotts entered into an agreement with a Kuwait-based corporation to receive a monthly fee from the corporation in return for providing confidential bidding information about U.S. Army contracts. Between November 2006 and November 2007, the corporation paid him approximately $31,500 in cash. In June 2007, a representative of the corporation paid Knotts $40,000 at a hotel room in Las Vegas in return for his promise to provide confidential bid information and in anticipation of the corporation hiring him. Knotts received another similar cash payment of $20,000 in August 2008 in a different Las Vegas hotel.
This case was investigated by the Special Inspector General for Iraq Reconstruction, Defense Criminal Investigative Service and U.S. Army Criminal Investigation Command. The case is being prosecuted by Director of Procurement Fraud Litigation Catherine Votaw and Trial Attorney Brian Young of the Criminal Division’s Fraud Section.
Sunday, July 14, 2013
FORMER CORRECTIONS OFFICER PLEADS GUILTY TO OBSTRUCTING JUSTICE
FROM: U.S. DEPARTMENT OF JUSTICE
Monday, July 8, 2013
Former Alabama Corrections Officer Pleads Guilty to Obstructing Justice in Federal Criminal Civil Rights Investigation of Beating Death of an Inmate
The Justice Department announced today that Joseph Sanders, 32, a former corrections officer of the Alabama Department of Corrections, pleaded guilty to obstructing justice in an investigation into the beating death of former inmate Rocrast Mack.
On Aug. 4, 2010, 24-year-old Rocrast Mack was beaten by several corrections officers at Ventress Correctional Facility in Clayton, Ala. He was repeatedly struck by a baton in an office in the prison, and several minutes later he was assaulted again in the medical unit of the prison when an officer stomped on Mack’s head several times. Mack died the following day in a Montgomery, Ala., hospital. Following Mack’s death, Sanders lied to investigators from the Department of Corrections to cover up the fact that Mack was unjustly and brutally beaten.
Two weeks ago, on June 25, a federal jury convicted Michael Smith, a former lieutenant at Ventress, of civil rights and obstruction of justice violations regarding this incident. Scottie Glenn, another former corrections officer at Ventress, pleaded guilty on Nov.18, 2011, to one count of violating the civil rights of Mack for his role in the incident and to one count of conspiring with other corrections officers to cover up the beatings. Matthew Davidson, another former corrections officer, pleaded guilty on Jan. 15, 2013, to two civil rights violations and one count of conspiring with other officers to cover up the beatings.
Sentencing for all of the defendants is scheduled for Sept. 23, 2013. Sanders faces a statutory maximum potential penalty of 20 years in prison.
“Mr. Sanders, by his statements, attempted to conceal that Rocrast Mack’s brutal death was unjustly caused by the corrections officers to whose care he had been entrusted,” said Deputy Assistant Attorney General for the Civil Rights Division Roy L. Austin Jr. “Such actions have no place in our corrections system and the Department of Justice will continue to vigorously prosecute those who commit and cover up such crimes.”
This case was investigated by the Mobile, Ala., Division of the FBI, in partnership with the Alabama Bureau of Investigation, and was prosecuted by Trial Attorney Patricia Sumner of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Jerusha Adams of the U.S. Attorney’s Office for the Middle District of Alabama.
Monday, July 8, 2013
Former Alabama Corrections Officer Pleads Guilty to Obstructing Justice in Federal Criminal Civil Rights Investigation of Beating Death of an Inmate
The Justice Department announced today that Joseph Sanders, 32, a former corrections officer of the Alabama Department of Corrections, pleaded guilty to obstructing justice in an investigation into the beating death of former inmate Rocrast Mack.
On Aug. 4, 2010, 24-year-old Rocrast Mack was beaten by several corrections officers at Ventress Correctional Facility in Clayton, Ala. He was repeatedly struck by a baton in an office in the prison, and several minutes later he was assaulted again in the medical unit of the prison when an officer stomped on Mack’s head several times. Mack died the following day in a Montgomery, Ala., hospital. Following Mack’s death, Sanders lied to investigators from the Department of Corrections to cover up the fact that Mack was unjustly and brutally beaten.
Two weeks ago, on June 25, a federal jury convicted Michael Smith, a former lieutenant at Ventress, of civil rights and obstruction of justice violations regarding this incident. Scottie Glenn, another former corrections officer at Ventress, pleaded guilty on Nov.18, 2011, to one count of violating the civil rights of Mack for his role in the incident and to one count of conspiring with other corrections officers to cover up the beatings. Matthew Davidson, another former corrections officer, pleaded guilty on Jan. 15, 2013, to two civil rights violations and one count of conspiring with other officers to cover up the beatings.
Sentencing for all of the defendants is scheduled for Sept. 23, 2013. Sanders faces a statutory maximum potential penalty of 20 years in prison.
“Mr. Sanders, by his statements, attempted to conceal that Rocrast Mack’s brutal death was unjustly caused by the corrections officers to whose care he had been entrusted,” said Deputy Assistant Attorney General for the Civil Rights Division Roy L. Austin Jr. “Such actions have no place in our corrections system and the Department of Justice will continue to vigorously prosecute those who commit and cover up such crimes.”
This case was investigated by the Mobile, Ala., Division of the FBI, in partnership with the Alabama Bureau of Investigation, and was prosecuted by Trial Attorney Patricia Sumner of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Jerusha Adams of the U.S. Attorney’s Office for the Middle District of Alabama.
Friday, July 12, 2013
DEPARTMENT OF TREASURY TARGETS INTERNATIONAL MONEY LAUNDERING NETWORK
FROM: U.S. DEPARTMENT OF TREASURY
Trade Based Money Laundering Network Supported Narcotics Traffickers Ayman Joumaa and Evaristo Linares Castillo
WASHINGTON – The U.S. Department of the Treasury today announced the designation of Colombian nationals Isaac Perez Guberek Ravinovicz and his son, Henry Guberek Grimberg, as well as 29 other individuals and entities, including companies located in Colombia, Panama, and Israel, as Specially Designated Narcotics Traffickers (SDNTs). These 31 individuals and entities together form a money laundering network responsible for laundering hundreds of millions of dollars in drug money connected to drug trafficking organizations, including Ayman Saied Joumaa and Linares Castillo who were both previously designated by the Treasury Department. In a separate action, the U.S. Attorney's Office for the Southern District of Florida and the Drug Enforcement Administration’s (DEA) Miami Field Division announced the filing of criminal charges against four defendants, including Isaac Perez Guberek Ravinovicz, Henry Guberek Grimberg, and Johanna Patricia Ceballos-Bueno -- designated by Treasury today -- all Colombian nationals, for their participation in an international money laundering conspiracy in which they laundered millions of dollars for transnational drug trafficking organizations.
Today’s action builds upon the U.S. government’s continued campaign to target global narcotics networks, including that run by Joumaa whose global narcotics enterprises have stretched from South America to Africa and have benefited terrorist groups such as Hizballah. By designating the individuals and entities behind this money laundering organization, the Treasury Department is taking another step to protect the international financing system from abuse by narcotics traffickers, money launderers, and terrorists.
"Money laundering is the lifeblood of the narcotics trafficking world," said Under Secretary for Terrorism and Financial Intelligence David S. Cohen. "Our action against this major money laundering network strikes a powerful blow at the illicit profits flows of criminals like Ayman Joumaa and Linares Castillo."
"Drug traffickers only motive to enter the illegal drug trade is the money, and they will go to any length to hide and protect their proceeds. These bad actors often depend on international businesses to facilitate the illegal movement of their drug profits. Whether you are a successful businessman or a secretary, if you assist drug traffickers you will face the same justice," said DEA Special Agent in Charge Mark R. Trouville.
Isaac Perez Guberek Ravinovicz, a Colombian national, and his son, Henry Guberek Grimberg, a dual Colombian and Israeli national, lead a money laundering network based in Bogota, Colombia that launders narcotics proceeds on behalf of numerous drug trafficking organizations, including organizations based in Colombia. Narcotics traffickers such as Ayman Saied Joumaa, previously designated by the Treasury Department in January 2011, and Jose Evaristo Linares Castillo, designated in February 2013 are known to have laundered their drug proceeds through this money laundering network.
Several family members and associates of Guberek Ravinovicz and Guberek Grimberg were also designated today for materially supporting the principals’ money laundering activities and/or for helping to manage their companies. The family members include Henry Guberek Grimberg’s two brothers, Felipe Guberek Grimberg, a businessman currently residing in Israel, and Arieh Guberek Grimberg, a licensed soccer (futbol) agent. The business associates include Johanna Patricia Ceballos Bueno, the secretary of Guberek Ravinovicz and Guberek Grimberg, who manages the day-to-day operations of the network from their offices in Bogot
a.
Guberek Ravinovicz and Guberek Grimberg primarily rely upon the use of ostensibly legitimate textile companies within Colombia to engage in trade-based money laundering. Using bank accounts for these companies, as well as accounts belonging to a series of shell companies in Panama, Guberek Ravinovicz and Guberek Grimberg provide a means for traffickers to transfer narcotics proceeds back to Colombia from locations all over the world, with drug money transiting additional accounts in Spain, Hong Kong, the United States, Mexico, China, Israel, the Cayman Islands, and Venezuela, as well as other locations in Europe and Central America.
Today’s action, taken pursuant to the Foreign Narcotics Kingpin Designation Act (Kingpin Act), generally prohibits U.S. persons from conducting financial or commercial transactions with these entities and individuals, and freezes any assets they may have under U.S. jurisdiction.
This action would not have been possible without the support of the Drug Enforcement Administration.
The Treasury Department has designated more than 1,200 individuals and entities linked to 103 drug kingpins since June 2000. Penalties for violations of the Kingpin Act range from civil penalties of up to $1.075 million per violation to more severe criminal penalties. Criminal penalties for corporate officers may include up to 30 years in prison and fines up to $5 million. Criminal fines for corporations may reach $10 million. Other individuals face up to 10 years in prison and fines pursuant to Title 18 of the United States Code for criminal violations of the Kingpin Act.
Trade Based Money Laundering Network Supported Narcotics Traffickers Ayman Joumaa and Evaristo Linares Castillo
WASHINGTON – The U.S. Department of the Treasury today announced the designation of Colombian nationals Isaac Perez Guberek Ravinovicz and his son, Henry Guberek Grimberg, as well as 29 other individuals and entities, including companies located in Colombia, Panama, and Israel, as Specially Designated Narcotics Traffickers (SDNTs). These 31 individuals and entities together form a money laundering network responsible for laundering hundreds of millions of dollars in drug money connected to drug trafficking organizations, including Ayman Saied Joumaa and Linares Castillo who were both previously designated by the Treasury Department. In a separate action, the U.S. Attorney's Office for the Southern District of Florida and the Drug Enforcement Administration’s (DEA) Miami Field Division announced the filing of criminal charges against four defendants, including Isaac Perez Guberek Ravinovicz, Henry Guberek Grimberg, and Johanna Patricia Ceballos-Bueno -- designated by Treasury today -- all Colombian nationals, for their participation in an international money laundering conspiracy in which they laundered millions of dollars for transnational drug trafficking organizations.
Today’s action builds upon the U.S. government’s continued campaign to target global narcotics networks, including that run by Joumaa whose global narcotics enterprises have stretched from South America to Africa and have benefited terrorist groups such as Hizballah. By designating the individuals and entities behind this money laundering organization, the Treasury Department is taking another step to protect the international financing system from abuse by narcotics traffickers, money launderers, and terrorists.
"Money laundering is the lifeblood of the narcotics trafficking world," said Under Secretary for Terrorism and Financial Intelligence David S. Cohen. "Our action against this major money laundering network strikes a powerful blow at the illicit profits flows of criminals like Ayman Joumaa and Linares Castillo."
"Drug traffickers only motive to enter the illegal drug trade is the money, and they will go to any length to hide and protect their proceeds. These bad actors often depend on international businesses to facilitate the illegal movement of their drug profits. Whether you are a successful businessman or a secretary, if you assist drug traffickers you will face the same justice," said DEA Special Agent in Charge Mark R. Trouville.
Isaac Perez Guberek Ravinovicz, a Colombian national, and his son, Henry Guberek Grimberg, a dual Colombian and Israeli national, lead a money laundering network based in Bogota, Colombia that launders narcotics proceeds on behalf of numerous drug trafficking organizations, including organizations based in Colombia. Narcotics traffickers such as Ayman Saied Joumaa, previously designated by the Treasury Department in January 2011, and Jose Evaristo Linares Castillo, designated in February 2013 are known to have laundered their drug proceeds through this money laundering network.
Several family members and associates of Guberek Ravinovicz and Guberek Grimberg were also designated today for materially supporting the principals’ money laundering activities and/or for helping to manage their companies. The family members include Henry Guberek Grimberg’s two brothers, Felipe Guberek Grimberg, a businessman currently residing in Israel, and Arieh Guberek Grimberg, a licensed soccer (futbol) agent. The business associates include Johanna Patricia Ceballos Bueno, the secretary of Guberek Ravinovicz and Guberek Grimberg, who manages the day-to-day operations of the network from their offices in Bogot
a.
Guberek Ravinovicz and Guberek Grimberg primarily rely upon the use of ostensibly legitimate textile companies within Colombia to engage in trade-based money laundering. Using bank accounts for these companies, as well as accounts belonging to a series of shell companies in Panama, Guberek Ravinovicz and Guberek Grimberg provide a means for traffickers to transfer narcotics proceeds back to Colombia from locations all over the world, with drug money transiting additional accounts in Spain, Hong Kong, the United States, Mexico, China, Israel, the Cayman Islands, and Venezuela, as well as other locations in Europe and Central America.
Today’s action, taken pursuant to the Foreign Narcotics Kingpin Designation Act (Kingpin Act), generally prohibits U.S. persons from conducting financial or commercial transactions with these entities and individuals, and freezes any assets they may have under U.S. jurisdiction.
This action would not have been possible without the support of the Drug Enforcement Administration.
The Treasury Department has designated more than 1,200 individuals and entities linked to 103 drug kingpins since June 2000. Penalties for violations of the Kingpin Act range from civil penalties of up to $1.075 million per violation to more severe criminal penalties. Criminal penalties for corporate officers may include up to 30 years in prison and fines up to $5 million. Criminal fines for corporations may reach $10 million. Other individuals face up to 10 years in prison and fines pursuant to Title 18 of the United States Code for criminal violations of the Kingpin Act.
Wednesday, July 10, 2013
BUSINESS MANAGER FOR IRAQI COMPANY PLEADS GUILTY IN ILLEGAL GRATUTITIES SCHEME
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, July 9, 2013
Iraqi Company Business Manager Pleads Guilty in Texas to Illegal Gratuities Scheme
A business manager for an Iraqi company pleaded guilty today to giving thousands of dollars in illegal gratuities to a U.S. pay agent from contractors while the business manager was in Iraq, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Mario G. Khalil, 50, of Houston, pleaded guilty before U.S. District Judge David Hittner in the Southern District of Texas to a criminal information charging him with one count of giving a gratuity to a public official. At sentencing, scheduled for Oct. 3, 2013, he faces a maximum sentence of two years in prison.
According to court documents, from 2007 through 2009, Khalil worked at Camp Liberty in Iraq as a business manager for an Iraqi contracting company, holding various contracts with the U. S. Army, Air Force and Department of Defense to provide logistical services and supplies.
Khalil told Richard Gilliland – a U.S. Army staff sergeant serving as a pay agent for civil investment projects in Iraq from October 2007 through November 2008 – that Khalil’s company was interested in obtaining contracts and acquiring used and non-working generators from the Defense Reutilization and Marketing Office (DRMO) and was seeking Gilliland’s assistance as an Army official. Khalil gave and offered Gilliland approximately $10,000 in cash and a laptop computer in return for his influence in obtaining generators and future contracts.
Gilliland pleaded guilty in February 2013 to an information stemming from the same scheme and is awaiting an August 2013 sentencing.
The case was investigated by the Special Inspector General for Iraq Reconstruction. The case is being prosecuted by Director of Procurement Fraud Litigation Catherine Votaw and Trial Attorney Mark Grider of the Criminal Division’s Fraud Section and Assistant U.S. Attorney James Buchanan of the Southern District of Texas.
Tuesday, July 9, 2013
Iraqi Company Business Manager Pleads Guilty in Texas to Illegal Gratuities Scheme
A business manager for an Iraqi company pleaded guilty today to giving thousands of dollars in illegal gratuities to a U.S. pay agent from contractors while the business manager was in Iraq, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Mario G. Khalil, 50, of Houston, pleaded guilty before U.S. District Judge David Hittner in the Southern District of Texas to a criminal information charging him with one count of giving a gratuity to a public official. At sentencing, scheduled for Oct. 3, 2013, he faces a maximum sentence of two years in prison.
According to court documents, from 2007 through 2009, Khalil worked at Camp Liberty in Iraq as a business manager for an Iraqi contracting company, holding various contracts with the U. S. Army, Air Force and Department of Defense to provide logistical services and supplies.
Khalil told Richard Gilliland – a U.S. Army staff sergeant serving as a pay agent for civil investment projects in Iraq from October 2007 through November 2008 – that Khalil’s company was interested in obtaining contracts and acquiring used and non-working generators from the Defense Reutilization and Marketing Office (DRMO) and was seeking Gilliland’s assistance as an Army official. Khalil gave and offered Gilliland approximately $10,000 in cash and a laptop computer in return for his influence in obtaining generators and future contracts.
Gilliland pleaded guilty in February 2013 to an information stemming from the same scheme and is awaiting an August 2013 sentencing.
The case was investigated by the Special Inspector General for Iraq Reconstruction. The case is being prosecuted by Director of Procurement Fraud Litigation Catherine Votaw and Trial Attorney Mark Grider of the Criminal Division’s Fraud Section and Assistant U.S. Attorney James Buchanan of the Southern District of Texas.
USPS MAIL CARRIER CONVICTED IN STOLENT IDENTITY REFUND FRAUD CONSPIRACY
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, July 5, 2013
U.S.Postal Service Mail Carrier Convicted for Involvement with Stolen Identity Refund Fraud Conspiracy
On July 3, 2013, a jury found Vernon Harrison, of Montgomery, Ala., guilty of one count of conspiring to file false claims, eight counts of mail fraud, eight counts of aggravated identity theft and six counts of embezzlement from the U.S. mail, the Justice Department, the Internal Revenue Service (IRS) and the U.S. Postal Service, Office of the Inspector General (OIG), announced today.
According to the evidence presented at the trial, Harrison was a U.S. Postal Service mail carrier who was part of a stolen identity refund fraud conspiracy. Members of the conspiracy used stolen identities to file false tax returns from various locations, including houses and hotels around Birmingham, Ala. and Montgomery. They then had the fraudulently obtained tax refunds generated by those returns sent to debit cards which were subsequently mailed to addresses on Harrison’s postal route in Montgomery. In exchange for cash, Harrison stole the debit cards from the mail and provided them to a co-conspirator. Harrison stole, at a minimum, over 100 debit cards from the mail for his co-conspirators.
As was shown at trial, federal agents uncovered substantial evidence of the conspiracy during the execution of search warrants at locations in Montgomery and near Birmingham, including over a hundred envelopes for debit cards that had been mailed to addresses on Harrison’s postal route. Soon after, agents also conducted surveillance on Harrison and observed him failing to deliver Turbo Tax cards that were in the mail.
Harrison faces up to 10 years in prison for the conspiracy count, 20 years for each mail fraud count, five years for each mail embezzlement count, and a mandatory two-year sentence for the aggravated identity theft counts. In total, Harrison could be sentenced to up to 216 years in prison. Harrison also could be subject to fines, forfeiture, and mandatory restitution.
Kathryn Keneally, Assistant Attorney General for the Justice Department's Tax Division, commended the efforts of special agents of IRS - Criminal Investigation and the U.S. Postal Service, OIG, who investigated the case, and Tax Division Trial Attorneys Jason Poole and Michael Boteler, who prosecuted the case.
Friday, July 5, 2013
U.S.Postal Service Mail Carrier Convicted for Involvement with Stolen Identity Refund Fraud Conspiracy
On July 3, 2013, a jury found Vernon Harrison, of Montgomery, Ala., guilty of one count of conspiring to file false claims, eight counts of mail fraud, eight counts of aggravated identity theft and six counts of embezzlement from the U.S. mail, the Justice Department, the Internal Revenue Service (IRS) and the U.S. Postal Service, Office of the Inspector General (OIG), announced today.
According to the evidence presented at the trial, Harrison was a U.S. Postal Service mail carrier who was part of a stolen identity refund fraud conspiracy. Members of the conspiracy used stolen identities to file false tax returns from various locations, including houses and hotels around Birmingham, Ala. and Montgomery. They then had the fraudulently obtained tax refunds generated by those returns sent to debit cards which were subsequently mailed to addresses on Harrison’s postal route in Montgomery. In exchange for cash, Harrison stole the debit cards from the mail and provided them to a co-conspirator. Harrison stole, at a minimum, over 100 debit cards from the mail for his co-conspirators.
As was shown at trial, federal agents uncovered substantial evidence of the conspiracy during the execution of search warrants at locations in Montgomery and near Birmingham, including over a hundred envelopes for debit cards that had been mailed to addresses on Harrison’s postal route. Soon after, agents also conducted surveillance on Harrison and observed him failing to deliver Turbo Tax cards that were in the mail.
Harrison faces up to 10 years in prison for the conspiracy count, 20 years for each mail fraud count, five years for each mail embezzlement count, and a mandatory two-year sentence for the aggravated identity theft counts. In total, Harrison could be sentenced to up to 216 years in prison. Harrison also could be subject to fines, forfeiture, and mandatory restitution.
Kathryn Keneally, Assistant Attorney General for the Justice Department's Tax Division, commended the efforts of special agents of IRS - Criminal Investigation and the U.S. Postal Service, OIG, who investigated the case, and Tax Division Trial Attorneys Jason Poole and Michael Boteler, who prosecuted the case.
Tuesday, July 9, 2013
FORMER HCSN SUPERVISOR SENTENCED TO PRISON FOR 10 YEARS IN $63 MILLION HEALTH CARE FRAUD SCHEME
FROM: U.S. DEPARTMENT OF JUSTICE
Monday, July 8, 2013
Supervisor of $63 Million Health Care Fraud Scheme Sentenced in Florida to 10 Years in Prison
A former supervisor at defunct health provider Health Care Solutions Network Inc. (HCSN) was sentenced today in Miami to serve 10 years in prison for her central role in a fraud scheme that resulted in more than $63 million in fraudulent claims to Medicare and Florida Medicaid.
The sentence was announced by Acting Assistant Attorney General Mythili Raman of the Justice Department's Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Michael B. Steinbach, Special Agent in Charge of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office.
Wondera Eason, 51, of Miami, was sentenced by U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida. In addition to her prison term, Eason was sentenced to serve three years of supervised release and ordered to pay $14,985,876 in restitution.
On April 25, 2013, a federal jury found Eason guilty of conspiracy to commit health care fraud.
Eason was employed as the director of medical records at HCSN’s partial hospitalization program (PHP). A PHP is a form of intensive treatment for severe mental illness. In Florida, HCSN operated community mental health centers at two locations. After stealing millions from Medicare and Medicaid in Florida, HCSN’s owner, Armando Gonzalez, expanded the scheme to North Carolina, opening a third HCSN location in Hendersonville, N.C.
Evidence at trial showed that at all three locations, Eason, a certified medical records technician, oversaw the alteration, fabrication and forgery of thousands of documents that purported to support the fraudulent claims HCSN submitted to Medicare and Medicaid. Many of these medical records were created weeks or months after the patients were admitted to HCSN facilities in Florida for purported PHP treatment and were utilized to support false and fraudulent billing to government-sponsored health care benefit programs, including Medicare and Medicaid. Eason directed therapists to fabricate documents, and she also forged the signatures of therapists and others on documents that she was in charge of maintaining. Eason interacted with Medicare and Medicaid auditors, providing them with false and fraudulent documents, while certifying the documents were accurate.
The "therapy" at HCSN oftentimes consisted of nothing more than patients watching Disney movies, playing bingo and having barbeques. Eason directed therapists to remove any references to these recreational activities in the medical records.
According to evidence at trial, Eason was aware that HCSN in Florida paid illegal kickbacks to owners and operators of Miami-Dade County assisted living facilities (ALF) in exchange for patient referral information to be used to submit false and fraudulent claims to Medicare and Medicaid. Eason also knew that many of the ALF referral patients were ineligible for PHP services because many patients suffered from mental retardation, dementia and Alzheimer's disease.
From 2004 through 2011, HCSN billed Medicare and the Medicaid program more than $63 million for purported mental health services.
Fifteen defendants have been charged and have pleaded guilty or been convicted by a jury for their roles in the HCSN health care fraud scheme.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. This case was prosecuted by Trial Attorney Allan J. Medina, former Special Trial Attorney William Parente and Deputy Chief Benjamin D. Singer of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
Monday, July 8, 2013
Supervisor of $63 Million Health Care Fraud Scheme Sentenced in Florida to 10 Years in Prison
A former supervisor at defunct health provider Health Care Solutions Network Inc. (HCSN) was sentenced today in Miami to serve 10 years in prison for her central role in a fraud scheme that resulted in more than $63 million in fraudulent claims to Medicare and Florida Medicaid.
The sentence was announced by Acting Assistant Attorney General Mythili Raman of the Justice Department's Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Michael B. Steinbach, Special Agent in Charge of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office.
Wondera Eason, 51, of Miami, was sentenced by U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida. In addition to her prison term, Eason was sentenced to serve three years of supervised release and ordered to pay $14,985,876 in restitution.
On April 25, 2013, a federal jury found Eason guilty of conspiracy to commit health care fraud.
Eason was employed as the director of medical records at HCSN’s partial hospitalization program (PHP). A PHP is a form of intensive treatment for severe mental illness. In Florida, HCSN operated community mental health centers at two locations. After stealing millions from Medicare and Medicaid in Florida, HCSN’s owner, Armando Gonzalez, expanded the scheme to North Carolina, opening a third HCSN location in Hendersonville, N.C.
Evidence at trial showed that at all three locations, Eason, a certified medical records technician, oversaw the alteration, fabrication and forgery of thousands of documents that purported to support the fraudulent claims HCSN submitted to Medicare and Medicaid. Many of these medical records were created weeks or months after the patients were admitted to HCSN facilities in Florida for purported PHP treatment and were utilized to support false and fraudulent billing to government-sponsored health care benefit programs, including Medicare and Medicaid. Eason directed therapists to fabricate documents, and she also forged the signatures of therapists and others on documents that she was in charge of maintaining. Eason interacted with Medicare and Medicaid auditors, providing them with false and fraudulent documents, while certifying the documents were accurate.
The "therapy" at HCSN oftentimes consisted of nothing more than patients watching Disney movies, playing bingo and having barbeques. Eason directed therapists to remove any references to these recreational activities in the medical records.
According to evidence at trial, Eason was aware that HCSN in Florida paid illegal kickbacks to owners and operators of Miami-Dade County assisted living facilities (ALF) in exchange for patient referral information to be used to submit false and fraudulent claims to Medicare and Medicaid. Eason also knew that many of the ALF referral patients were ineligible for PHP services because many patients suffered from mental retardation, dementia and Alzheimer's disease.
From 2004 through 2011, HCSN billed Medicare and the Medicaid program more than $63 million for purported mental health services.
Fifteen defendants have been charged and have pleaded guilty or been convicted by a jury for their roles in the HCSN health care fraud scheme.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. This case was prosecuted by Trial Attorney Allan J. Medina, former Special Trial Attorney William Parente and Deputy Chief Benjamin D. Singer of the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
Monday, July 8, 2013
TWO ARYAN BROTHERHOOD GANG MEMBERS PLEAD GUILTY TO RACKETEERING
FROM: U.S. DEPARTMENT OF JUSTICE
Two Aryan Brotherhood of Texas Gang Members Plead
Guilty to Federal Racketeering Charges
Two members of the Aryan Brotherhood of Texas gang (ABT) pleaded guilty today to racketeering charges related to their membership in the ABT’s criminal enterprise, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Glen Ray Millican, aka "Fly," 39, and Justin Christopher Northrup, aka "Ruthless," 28, both of Houston, each pleaded guilty before U.S. District Judge Sim Lake in the Southern District of Texas to one count of conspiracy to participate in racketeering activity.
According to court documents, Millican, Northrup and other ABT gang members and associates agreed to commit multiple acts of murder, robbery, arson, kidnapping and narcotics trafficking on behalf of the ABT gang. Millican, Northrup and numerous ABT gang members met on a regular basis at various locations throughout Texas to report on gang-related business, collect dues, commit disciplinary assaults against fellow gang members and discuss acts of violence against rival gang members, among other things.
By pleading guilty to racketeering charges, Millican and Northrup admitted to being members of the ABT criminal enterprise and agreeing to commit multiple acts of violence and/or narcotics trafficking on behalf of the ABT.
According to the superseding indictment, the ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. According to the superseding indictment, previously, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, the ABT expanded its criminal enterprise to include illegal activities for profit.
Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as "direct orders."
According to the superseding indictment, in order to be considered for ABT membership, a person must be sponsored by another gang member. Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect, while his conduct is observed by the members of the ABT.
At sentencing, scheduled for Sept. 26, 2013, Millican and Northrup each face a maximum penalty of life in prison.
Millican and Northrup are two of 36 defendants charged with conducting racketeering activity through the ABT criminal enterprise, among other charges. They are the seventh and eighth defendants, respectively, to plead guilty.
This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County, Texas, Sheriff’s Office; Houston Police Department – Gang Division; Texas Department of Criminal Justice – Office of Inspector General; Harris County, Texas, Sheriff’s Office; Atascosa County, Texas, Sheriff’s Office; Orange County, Texas, Sheriff’s Office; Waller County, Texas, Sheriff’s Office; Alvin, Texas, Police Department; Carrollton, Texas, Police Department; Mesquite, Texas, Police Department; Montgomery County District Attorney’s Office; and the Atascosa County District Attorney’s Office.
The case is being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office of the Southern District of Texas.
Two Aryan Brotherhood of Texas Gang Members Plead
Guilty to Federal Racketeering Charges
Two members of the Aryan Brotherhood of Texas gang (ABT) pleaded guilty today to racketeering charges related to their membership in the ABT’s criminal enterprise, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Glen Ray Millican, aka "Fly," 39, and Justin Christopher Northrup, aka "Ruthless," 28, both of Houston, each pleaded guilty before U.S. District Judge Sim Lake in the Southern District of Texas to one count of conspiracy to participate in racketeering activity.
According to court documents, Millican, Northrup and other ABT gang members and associates agreed to commit multiple acts of murder, robbery, arson, kidnapping and narcotics trafficking on behalf of the ABT gang. Millican, Northrup and numerous ABT gang members met on a regular basis at various locations throughout Texas to report on gang-related business, collect dues, commit disciplinary assaults against fellow gang members and discuss acts of violence against rival gang members, among other things.
By pleading guilty to racketeering charges, Millican and Northrup admitted to being members of the ABT criminal enterprise and agreeing to commit multiple acts of violence and/or narcotics trafficking on behalf of the ABT.
According to the superseding indictment, the ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. According to the superseding indictment, previously, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, the ABT expanded its criminal enterprise to include illegal activities for profit.
Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as "direct orders."
According to the superseding indictment, in order to be considered for ABT membership, a person must be sponsored by another gang member. Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect, while his conduct is observed by the members of the ABT.
At sentencing, scheduled for Sept. 26, 2013, Millican and Northrup each face a maximum penalty of life in prison.
Millican and Northrup are two of 36 defendants charged with conducting racketeering activity through the ABT criminal enterprise, among other charges. They are the seventh and eighth defendants, respectively, to plead guilty.
This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County, Texas, Sheriff’s Office; Houston Police Department – Gang Division; Texas Department of Criminal Justice – Office of Inspector General; Harris County, Texas, Sheriff’s Office; Atascosa County, Texas, Sheriff’s Office; Orange County, Texas, Sheriff’s Office; Waller County, Texas, Sheriff’s Office; Alvin, Texas, Police Department; Carrollton, Texas, Police Department; Mesquite, Texas, Police Department; Montgomery County District Attorney’s Office; and the Atascosa County District Attorney’s Office.
The case is being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office of the Southern District of Texas.
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