FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, September 26, 2012
Individual Indicted in Louisiana for Impersonating an OSHA Employee to Conduct Fraudulent Hazardous Waste Safety Trainings During Gulf Oil Spill Clean up
A 22-count federal indictment was unsealed today in federal court in New Orleans charging Connie M. Knight, 46, with impersonating a federal employee for the purpose of enticing people to pay her for fraudulent hazardous waste safety training, announced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division and Jim Letten, U.S. Attorney for the Eastern District of Louisiana. The indictment also charges Knight with possessing false federal identification documents, creating false federal identification documents and transferring false federal identification documents to her employees.
Knight, previously of Belle Chasse, La., was arrested by federal agents earlier today in Wiggins, Miss., where she currently resides. She was scheduled to appear in federal court in New Orleans at 2:00 p.m. today.
The indictment states that Knight impersonated an Occupational Safety and Health Administration (OSHA) "Master Level V Inspector and Instructor" by utilizing false OSHA credentials, a false OSHA email address, and various other means. Knight thereby enticed individuals to pay for fraudulent hazardous waste safety and awareness training under the pretense that they would get work helping to clean the Gulf.
In the wake of the Deepwater Horizon oil spill, many fisheries were closed, causing many fishermen in the Gulf region to seek other sources of employment, including as oil spill cleanup personnel. All cleanup personnel were required to receive hazardous waste safety training before working in contaminated areas due to dangers from the oil itself and cleanup materials.
According to the indictment, from August to December of 2010, it is estimated that Knight defrauded more than 1,000 individuals throughout the Eastern District of Louisiana. The indictment alleges that Knight created and used fraudulent OSHA credentials, along with numerous false diplomas and certifications, to convince individuals that she was an authorized trainer and that they would be able to procure lucrative cleanup work if they attended and paid for her hazardous waste training courses. Knight targeted members of the Southeast Asian communities in Southern Louisiana, many of whom neither read nor spoke English proficiently.
According to the indictment, in October of 2010, while impersonating an OSHA employee, Knight created false federal OSHA identification badges for others as well. Knight is charged with creating those additional false OSHA identification badges, as well as providing them to four residents of Southern Louisiana fishing communities whom she had hired as employees. The indictment states that Knight knew she had no authority to produce or transfer the false OSHA identification badges.
The charges of producing and transferring fraudulent federal identification documents each carry a maximum sentence of 15 years in prison and a fine of $250,000. The charge of possessing a fraudulent federal identification document carries a maximum sentence of one year in prison and a fine of $5,000. The 19 counts of falsely impersonating a federal employee each carry a maximum sentence of three years in prison and a fine of $250,000.
The allegations in the indictment are mere accusations and all persons are presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the U.S. Department of Labor Office of Inspector General and the U.S. Environmental Protection Agency Criminal Investigation Division, with assistance from OSHA, the FBI, and investigators from the Florida Fish and Wildlife Conservation Commission and the Plaquemines Parish Sheriff’s office.
Sunday, September 30, 2012
Friday, September 28, 2012
COUNTERFEIT GM DIAGNOSTIC EQUIPMENT
FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, September 26, 2012
Virginia Man Pleads Guilty to Trafficking in Counterfeit GM Diagnostic Equipment
Virginia man pleaded guilty today in federal court to selling counterfeit General Motors (GM) automotive diagnostic devices used by mechanics to identify problems with and assure the safety of motor vehicles, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride and FBI Assistant Director Joseph Demarest.
Justin DeMatteo, 31, of Saxe, Va., pleaded guilty before Senior U.S. District Judge Claude M. Hilton in U.S. District Court in the Eastern District of Virginia to an information charging him with one count of trafficking in goods bearing counterfeit marks. DeMatteo, in a plea agreement with the government, also agreed to pay restitution of $328,500 (the full amount of GM’s losses) and forfeit $109.074 and all facilitating property and contraband seized during the execution of search warrants at his business and home on Dec. 15, 2011 . Sentencing is scheduled for Jan. 11, 2013.
In court documents, DeMatteo admitted he sold counterfeit GM Corporation-branded "Tech 2" vehicle diagnostic systems between January and May 2011. The Tech 2 is a hand-held computer used to diagnose problems in vehicles that use electronic controls and interfaces. For newer vehicles, GM designed a new diagnostic interface – the Controller Area Network diagnostic interface (CANdi) module, which serves as an enhancement to the Tech 2 and completes the interface necessary to communicate with future on-board computer systems.
DeMatteo also admitted he offered for sale purported Tech 2 units and CANdi modules that bore counterfeit GM marks. DeMatteo sold the counterfeit Tech 2 units on eBay and accepted payment via Paypal. DeMatteo purchased the units from unauthorized manufacturers in the People’s Republic of China (PRC) and in many cases had them drop-shipped directly from the PRC to U.S. customers. On Dec. 15, 2011, federal agents executed search warrants at DeMatteo’s residence in Saxe and place of business in South Boston, Va. Among other things, agents seized numerous counterfeit GM Tech 2 units and CANdi modules, and various computer equipment and documents that contained evidence linking DeMatteo to the sale of the counterfeit Tech 2 units. According to the stipulated statement of facts and plea agreement, the number of Tech 2 and CANdi units sold by DeMatteo or seized during the searches totaled nearly 100. The retail price of 100 authentic products would have been more than $380,000.
The case was prosecuted by Assistant U.S. Attorney Lindsay Kelly of the Eastern District of Virginia and Trial Attorney Evan Williams of the Criminal Division’s Computer Crime and Intellectual Property Section and was investigated by the FBI’s Intellectual Property Rights Unit.
Wednesday, September 26, 2012
Virginia Man Pleads Guilty to Trafficking in Counterfeit GM Diagnostic Equipment
Virginia man pleaded guilty today in federal court to selling counterfeit General Motors (GM) automotive diagnostic devices used by mechanics to identify problems with and assure the safety of motor vehicles, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride and FBI Assistant Director Joseph Demarest.
Justin DeMatteo, 31, of Saxe, Va., pleaded guilty before Senior U.S. District Judge Claude M. Hilton in U.S. District Court in the Eastern District of Virginia to an information charging him with one count of trafficking in goods bearing counterfeit marks. DeMatteo, in a plea agreement with the government, also agreed to pay restitution of $328,500 (the full amount of GM’s losses) and forfeit $109.074 and all facilitating property and contraband seized during the execution of search warrants at his business and home on Dec. 15, 2011 . Sentencing is scheduled for Jan. 11, 2013.
In court documents, DeMatteo admitted he sold counterfeit GM Corporation-branded "Tech 2" vehicle diagnostic systems between January and May 2011. The Tech 2 is a hand-held computer used to diagnose problems in vehicles that use electronic controls and interfaces. For newer vehicles, GM designed a new diagnostic interface – the Controller Area Network diagnostic interface (CANdi) module, which serves as an enhancement to the Tech 2 and completes the interface necessary to communicate with future on-board computer systems.
DeMatteo also admitted he offered for sale purported Tech 2 units and CANdi modules that bore counterfeit GM marks. DeMatteo sold the counterfeit Tech 2 units on eBay and accepted payment via Paypal. DeMatteo purchased the units from unauthorized manufacturers in the People’s Republic of China (PRC) and in many cases had them drop-shipped directly from the PRC to U.S. customers. On Dec. 15, 2011, federal agents executed search warrants at DeMatteo’s residence in Saxe and place of business in South Boston, Va. Among other things, agents seized numerous counterfeit GM Tech 2 units and CANdi modules, and various computer equipment and documents that contained evidence linking DeMatteo to the sale of the counterfeit Tech 2 units. According to the stipulated statement of facts and plea agreement, the number of Tech 2 and CANdi units sold by DeMatteo or seized during the searches totaled nearly 100. The retail price of 100 authentic products would have been more than $380,000.
The case was prosecuted by Assistant U.S. Attorney Lindsay Kelly of the Eastern District of Virginia and Trial Attorney Evan Williams of the Criminal Division’s Computer Crime and Intellectual Property Section and was investigated by the FBI’s Intellectual Property Rights Unit.
Thursday, September 27, 2012
DETROIT DOCTOR ARRESTED FOR ALLEGED ROLE IN $40 MILLION MEDICARE FRAUD
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, September 20, 2012
Detroit-Area Doctor Charged for Role in Alleged $40 Million Medicare Fraud Scheme
WASHINGTON – A Detroit-area doctor was charged and arrested today in the Eastern District of Michigan for his alleged leading role in a $40 million Medicare fraud scheme involving physician home visits and home health services, announced the Department of Justice, the Department of Health and Human Services (HHS), the FBI and the HHS-Office of Inspector General (OIG). In addition to the arrest, law enforcement agents executed search warrants at three locations and seizure warrants for three bank accounts related to the scheme.
According to a criminal complaint unsealed today in U.S. District Court in Detroit, Dr. Hicham Elhorr, 45, masterminded a $40 million scheme involving the submission of fraudulent claims submitted to Medicare for services that were medically unnecessary and/or never provided through House Calls Physicians (HCP), a physician home visiting service he owned and operated. Elhorr allegedly submitted claims through HCP for physician home visits for patients who were never seen and for visits conducted by doctors who were not licensed. The complaint alleges Elhorr submitted claims to Medicare for physician home visits purportedly rendered when he was out of the country, when beneficiaries were hospitalized or when the beneficiary was dead.
Elhorr is also alleged to have referred Medicare beneficiaries for medically unnecessary home health services, as well as accepted kickbacks from home health agencies in exchange for writing these referrals. According to court documents, since January 2008, HCP has billed Medicare for approximately $9.2 million. In the same time period, HCP has allegedly referred Medicare beneficiaries for home health services that have resulted in approximately $30.8 million of reimbursements from Medicare.
Today’s charges were announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan; Special Agent in Charge Robert D. Foley III of the FBI’s Detroit Field Office; and Special Agent in Charge Lamont Pugh III of the HHS-OIG Chicago Regional Office.
The case is being prosecuted by Trial Attorney Catherine K. Dick of the Criminal Division's Fraud Section. The investigations were conducted jointly by the FBI and HHS-OIG, as part of the Medicare Fraud Strike Force, supervised by the U.S. Attorney's Office for the Eastern District of Michigan and the Criminal Division's Fraud Section.
Criminal complaints contain merely charges, and defendants are presumed innocent until proven guilty.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,330 defendants who have collectively billed the Medicare program for more than $4 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
Thursday, September 20, 2012
Detroit-Area Doctor Charged for Role in Alleged $40 Million Medicare Fraud Scheme
WASHINGTON – A Detroit-area doctor was charged and arrested today in the Eastern District of Michigan for his alleged leading role in a $40 million Medicare fraud scheme involving physician home visits and home health services, announced the Department of Justice, the Department of Health and Human Services (HHS), the FBI and the HHS-Office of Inspector General (OIG). In addition to the arrest, law enforcement agents executed search warrants at three locations and seizure warrants for three bank accounts related to the scheme.
According to a criminal complaint unsealed today in U.S. District Court in Detroit, Dr. Hicham Elhorr, 45, masterminded a $40 million scheme involving the submission of fraudulent claims submitted to Medicare for services that were medically unnecessary and/or never provided through House Calls Physicians (HCP), a physician home visiting service he owned and operated. Elhorr allegedly submitted claims through HCP for physician home visits for patients who were never seen and for visits conducted by doctors who were not licensed. The complaint alleges Elhorr submitted claims to Medicare for physician home visits purportedly rendered when he was out of the country, when beneficiaries were hospitalized or when the beneficiary was dead.
Elhorr is also alleged to have referred Medicare beneficiaries for medically unnecessary home health services, as well as accepted kickbacks from home health agencies in exchange for writing these referrals. According to court documents, since January 2008, HCP has billed Medicare for approximately $9.2 million. In the same time period, HCP has allegedly referred Medicare beneficiaries for home health services that have resulted in approximately $30.8 million of reimbursements from Medicare.
Today’s charges were announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan; Special Agent in Charge Robert D. Foley III of the FBI’s Detroit Field Office; and Special Agent in Charge Lamont Pugh III of the HHS-OIG Chicago Regional Office.
The case is being prosecuted by Trial Attorney Catherine K. Dick of the Criminal Division's Fraud Section. The investigations were conducted jointly by the FBI and HHS-OIG, as part of the Medicare Fraud Strike Force, supervised by the U.S. Attorney's Office for the Eastern District of Michigan and the Criminal Division's Fraud Section.
Criminal complaints contain merely charges, and defendants are presumed innocent until proven guilty.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,330 defendants who have collectively billed the Medicare program for more than $4 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
Wednesday, September 26, 2012
BIG GAMER GETS CONVICTION FOR BAITING
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, September 20, 2012
Colorado Big Game Outfitter Convicted of Six Lacey Act Violations
WASHINGTON – Big game hunting outfitter Dennis Eugene Rodebaugh, 72, of Meeker, Colo., was convicted by a federal jury in Denver today of six charges of violating the Lacey Act, announced the Department of Justice Environment and Natural Resources Division, U.S. Fish and Wildlife Service, and Colorado Parks and Wildlife.
According to the indictment, Rodebaugh operated a Colorado big game outfitting business called "D&S Guide and Outfitter" beginning in 1988, offering multi-day elk and deer hunts to many non-resident clients in the White River National Forest for between $1,200 and $1,600. The indictment alleged that each summer between 2002 and 2007, the defendant outfitted numerous clients, on hunts in which deer and elk were shot from tree stands near which Rodebaugh placed hundreds of pounds of salt each spring and summer as bait. The placement and use of bait to aid in the taking of big game is unlawful in Colorado. The interstate sale of big game outfitting and guiding services for the unlawful taking of big game with the aid of bait constitutes a felony violation of the Lacey Act.
Each of the six felony counts on which the defendant was convicted carries a maximum punishment of five years imprisonment and up to a $250,000 fine. Rodebaugh also agreed to forfeit two all terrain vehicles and a utility trailer used in the commission of the six Lacey Act crimes.
This case was investigated by Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service.
The case was prosecuted by Senior Trial Attorney J. Ronald Sutcliffe and Trial Attorney Mark Romley, of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.
Thursday, September 20, 2012
Colorado Big Game Outfitter Convicted of Six Lacey Act Violations
WASHINGTON – Big game hunting outfitter Dennis Eugene Rodebaugh, 72, of Meeker, Colo., was convicted by a federal jury in Denver today of six charges of violating the Lacey Act, announced the Department of Justice Environment and Natural Resources Division, U.S. Fish and Wildlife Service, and Colorado Parks and Wildlife.
According to the indictment, Rodebaugh operated a Colorado big game outfitting business called "D&S Guide and Outfitter" beginning in 1988, offering multi-day elk and deer hunts to many non-resident clients in the White River National Forest for between $1,200 and $1,600. The indictment alleged that each summer between 2002 and 2007, the defendant outfitted numerous clients, on hunts in which deer and elk were shot from tree stands near which Rodebaugh placed hundreds of pounds of salt each spring and summer as bait. The placement and use of bait to aid in the taking of big game is unlawful in Colorado. The interstate sale of big game outfitting and guiding services for the unlawful taking of big game with the aid of bait constitutes a felony violation of the Lacey Act.
Each of the six felony counts on which the defendant was convicted carries a maximum punishment of five years imprisonment and up to a $250,000 fine. Rodebaugh also agreed to forfeit two all terrain vehicles and a utility trailer used in the commission of the six Lacey Act crimes.
This case was investigated by Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service.
The case was prosecuted by Senior Trial Attorney J. Ronald Sutcliffe and Trial Attorney Mark Romley, of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.
Monday, September 24, 2012
FORMER STANFORD FINANCIAL GROUP CIO GOES TO PRISON
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, September 13, 2012
Former Chief Investment Officer of Stanford Financial Group Sentenced to Three Years in Prison for Obstruction of Justice
WASHINGTON – Laura Pendergest-Holt, 39, the former chief investment officer of Houston-based Stanford Financial Group, was sentenced today to 36 months in prison for her role in obstructing a U.S. Securities and Exchange Commission (SEC) investigation into Stanford International Bank (SIB), the Antiguan offshore bank owned by convicted financier Robert Allen Stanford.
Today’s sentence was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Kenneth Magidson of the Southern District of Texas; FBI Assistant Director Ronald T. Hosko of the Criminal Investigative Division; Assistant Secretary of Labor for the Employee Benefits Security Administration Phyllis C. Borzi; Chief Postal Inspector Guy J. Cottrell from the U.S. Postal Inspection Service (USPIS); and Chief Richard Weber, Internal Revenue Service-Criminal Investigation (IRS-CI).
The sentence was imposed by U.S. District Judge David Hittner in the Southern District of Texas. In addition to her prison term, Holt was sentenced to three years of supervised release. Judge Hittner noted that Holt did not have the ability to pay a fine.
In January 2009, the SEC sought testimony and documents related to SIB’s entire investment portfolio. Although she was incapable of testifying about the vast majority of that portfolio, Holt nevertheless agreed to testify before the SEC. In her guilty plea, Holt acknowledged that her eventual appearance and sworn testimony before the SEC was a stall tactic designed to frustrate the SEC’s efforts to obtain important information about SIB’s investment portfolio. Holt admitted she took this action intentionally and corruptly, knowing that her testimony would impede the SEC’s investigation and help SIB continue operating.
Holt was remanded into custody today.
The investigation was conducted by the FBI’s Houston Field Office, USPIS, IRS-CI and the U.S. Department of Labor, Employee Benefits Security Administration. The case against Holt is being prosecuted by Assistant U.S. Attorney Jason Varnado of the Southern District of Texas, Deputy Chief Jeffrey Goldberg of the Criminal Division’s Fraud Section and Fraud Section Trial Attorney Andrew Warren. Former Assistant U.S. Attorney Gregg Costa of the Southern District of Texas and Fraud Section Deputy Chief William Stellmach were also involved in this case.
The Justice Department thanks the SEC for their assistance and cooperation in this matter.
Thursday, September 13, 2012
Former Chief Investment Officer of Stanford Financial Group Sentenced to Three Years in Prison for Obstruction of Justice
WASHINGTON – Laura Pendergest-Holt, 39, the former chief investment officer of Houston-based Stanford Financial Group, was sentenced today to 36 months in prison for her role in obstructing a U.S. Securities and Exchange Commission (SEC) investigation into Stanford International Bank (SIB), the Antiguan offshore bank owned by convicted financier Robert Allen Stanford.
Today’s sentence was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Kenneth Magidson of the Southern District of Texas; FBI Assistant Director Ronald T. Hosko of the Criminal Investigative Division; Assistant Secretary of Labor for the Employee Benefits Security Administration Phyllis C. Borzi; Chief Postal Inspector Guy J. Cottrell from the U.S. Postal Inspection Service (USPIS); and Chief Richard Weber, Internal Revenue Service-Criminal Investigation (IRS-CI).
The sentence was imposed by U.S. District Judge David Hittner in the Southern District of Texas. In addition to her prison term, Holt was sentenced to three years of supervised release. Judge Hittner noted that Holt did not have the ability to pay a fine.
In January 2009, the SEC sought testimony and documents related to SIB’s entire investment portfolio. Although she was incapable of testifying about the vast majority of that portfolio, Holt nevertheless agreed to testify before the SEC. In her guilty plea, Holt acknowledged that her eventual appearance and sworn testimony before the SEC was a stall tactic designed to frustrate the SEC’s efforts to obtain important information about SIB’s investment portfolio. Holt admitted she took this action intentionally and corruptly, knowing that her testimony would impede the SEC’s investigation and help SIB continue operating.
Holt was remanded into custody today.
The investigation was conducted by the FBI’s Houston Field Office, USPIS, IRS-CI and the U.S. Department of Labor, Employee Benefits Security Administration. The case against Holt is being prosecuted by Assistant U.S. Attorney Jason Varnado of the Southern District of Texas, Deputy Chief Jeffrey Goldberg of the Criminal Division’s Fraud Section and Fraud Section Trial Attorney Andrew Warren. Former Assistant U.S. Attorney Gregg Costa of the Southern District of Texas and Fraud Section Deputy Chief William Stellmach were also involved in this case.
The Justice Department thanks the SEC for their assistance and cooperation in this matter.
Sunday, September 23, 2012
COMPANY AND PRINCIPAL PAY FINE FOR MAKEING FALSE STATEMENTS TO NATIONAL FUTURES ASSOCIATION
FROM: COMMODITY FUTURES TRADING COMMISSION
The CFTC appreciates the assistance of the NFA in this action.
CFTC Division of Enforcement staff responsible for this action are Stephanie Reinhart, Joseph Konizeski, Judith McCorkle, Scott Williamson, Rosemary Hollinger, and Richard Wagner.
Federal Court in Tennessee Orders Blue Sky Capital Management Corp. and its Principal, Gregory M. Schneider, to Pay $140,000 for Making False Statements to the National Futures Association
Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced that it obtained a federal court order requiring Blue Sky Capital Management Corp. (Blue Sky) and its principal, Gregory M. Schneider, jointly and severally to pay a $140,000 civil monetary penalty for making false statements to representatives of the National Futures Association (NFA), the futures industry self-regulatory organization, which operates under CFTC oversight. Schneider currently resides in Bellville, Ohio, and Blue Sky maintained a business address in Lebanon, Tenn.
The consent order of permanent injunction, entered on August 28, 2012 by Judge John T. Nixon of the U.S. District Court for the Middle District of Tennessee, stems from a CFTC complaint filed on August 8, 2011 (see CFTC Press Release 6091-11, August 10, 2011). The complaint charged Blue Sky and Schneider with making false, fictitious, or fraudulent statements to the NFA and willfully concealing material facts from the NFA in connection with an NFA audit in 2008 of Blue Sky. Blue Sky at the time was a CFTC-registered Commodity Pool Operator and Commodity Trading Advisor.
The order finds that during the NFA audit of Blue Sky, Blue Sky and Schneider misrepresented to the NFA that Blue Sky began managing customer accounts in 2008, managed 10 customer accounts with an aggregate equity of approximately $20,000, and had received no customer complaints. The order further finds that Blue Sky and Schneider failed to disclose that, in 2007, Blue Sky managed approximately 80 customer accounts with an aggregate equity of approximately $1.2 million, and that a Blue Sky customer complained about the unauthorized trading of his account before, and even during, the NFA audit.
The order also imposes permanent trading and registration bans against the defendants and permanently prohibits them from further violations of the Commodity Exchange Act, as charged.
The CFTC appreciates the assistance of the NFA in this action.
CFTC Division of Enforcement staff responsible for this action are Stephanie Reinhart, Joseph Konizeski, Judith McCorkle, Scott Williamson, Rosemary Hollinger, and Richard Wagner.
Federal Court in Tennessee Orders Blue Sky Capital Management Corp. and its Principal, Gregory M. Schneider, to Pay $140,000 for Making False Statements to the National Futures Association
Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced that it obtained a federal court order requiring Blue Sky Capital Management Corp. (Blue Sky) and its principal, Gregory M. Schneider, jointly and severally to pay a $140,000 civil monetary penalty for making false statements to representatives of the National Futures Association (NFA), the futures industry self-regulatory organization, which operates under CFTC oversight. Schneider currently resides in Bellville, Ohio, and Blue Sky maintained a business address in Lebanon, Tenn.
The consent order of permanent injunction, entered on August 28, 2012 by Judge John T. Nixon of the U.S. District Court for the Middle District of Tennessee, stems from a CFTC complaint filed on August 8, 2011 (see CFTC Press Release 6091-11, August 10, 2011). The complaint charged Blue Sky and Schneider with making false, fictitious, or fraudulent statements to the NFA and willfully concealing material facts from the NFA in connection with an NFA audit in 2008 of Blue Sky. Blue Sky at the time was a CFTC-registered Commodity Pool Operator and Commodity Trading Advisor.
The order finds that during the NFA audit of Blue Sky, Blue Sky and Schneider misrepresented to the NFA that Blue Sky began managing customer accounts in 2008, managed 10 customer accounts with an aggregate equity of approximately $20,000, and had received no customer complaints. The order further finds that Blue Sky and Schneider failed to disclose that, in 2007, Blue Sky managed approximately 80 customer accounts with an aggregate equity of approximately $1.2 million, and that a Blue Sky customer complained about the unauthorized trading of his account before, and even during, the NFA audit.
The order also imposes permanent trading and registration bans against the defendants and permanently prohibits them from further violations of the Commodity Exchange Act, as charged.
Friday, September 21, 2012
LA COSA NOSTRA CAPO SENTENCED FOR LOAN SHARKING AND ILLEGAL GAMBLING
FROM: U.S. DEPARTMENT OF JUSTICE
Monday, September 17, 2012
Philadelphia La Cosa Nostra Capo Sentenced to 57 Months in Prison
Martin Angelina, 50, of Philadelphia, was sentenced today to 57 months in prison for his participation in a racketeering conspiracy involving loan sharking and illegal gambling, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; Zane David Memeger, U.S. Attorney for the Eastern District of Pennsylvania and George C. Venizelos, Special Agent in Charge of the FBI’s Philadelphia Division.
Angelina was sentenced by U.S. District Judge Eduardo C. Robreno in the Eastern District of Pennsylvania. In addition to his prison term, Judge Robreno ordered Angelina to serve three years of supervised release. On Aug. 8, 2012, Angelina pleaded guilty to conspiring to conduct and participate in the affairs of the Philadelphia La Cosa Nostra (LCN) Family through a pattern of racketeering activity. At the time of the plea, Angelina admitted he attempted to collect payments related to usurious loans by using extortionate means and operated an illegal video poker machine business in furtherance of the racketeering conspiracy.
Angelina is among 14 members and associates of the Philadelphia LCN Family charged with crimes involving racketeering conspiracy, extortion, loan sharking, illegal gambling, witness tampering and theft from an employee benefit plan in a third superseding indictment returned by a federal grand jury in Philadelphia on July 25, 2012. The other defendants charged in the 52-count third superseding indictment included Philadelphia LCN Family boss Joseph Ligambi, Philadelphia LCN Family underboss Joseph Massimino, George Borgesi, Gaeton Lucibello, Anthony Staino Jr., Damion Canalichio, Louis Barretta, Gary Battaglini, Robert Verrecchia, Eric Esposito, Robert Ranieri, Joseph Licata and Louis Fazzini.
Lucibello pleaded guilty to racketeering conspiracy charges on Aug. 2, 2012, and was sentenced to 51 months in prison. Barretta also pleaded guilty to racketeering conspiracy charges on Sept. 5, 2012, and is awaiting sentencing on Nov. 26, 2012.
The trial for Ligambi, Massimino, Borgesi, Staino Jr., Canalichio, Battaglini, Licata and Fazzini is scheduled for Oct. 9, 2012. The trial for Verrecchia, Esposito and Ranieri has not yet been scheduled. Ligambi, Massimino, Borgesi, Canalichio, Licata and Fazzini are detained while awaiting trial. Staino Jr., Battaglini, Verrecchia, Esposito and Ranieri are free on bond while awaiting trial.
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.
The case is being investigated by the FBI, the Internal Revenue Service-Criminal Investigation, the Pennsylvania State Police, the New Jersey State Police, the Philadelphia Police Department, the U.S. Department of Labor’s Office of Inspector General Office of Labor Racketeering and Fraud Investigations and the U.S. Department of Labor’s Employee Benefits Security Administration. Additional assistance was provided by the New Jersey Department of Corrections.
Monday, September 17, 2012
Philadelphia La Cosa Nostra Capo Sentenced to 57 Months in Prison
Martin Angelina, 50, of Philadelphia, was sentenced today to 57 months in prison for his participation in a racketeering conspiracy involving loan sharking and illegal gambling, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; Zane David Memeger, U.S. Attorney for the Eastern District of Pennsylvania and George C. Venizelos, Special Agent in Charge of the FBI’s Philadelphia Division.
Angelina was sentenced by U.S. District Judge Eduardo C. Robreno in the Eastern District of Pennsylvania. In addition to his prison term, Judge Robreno ordered Angelina to serve three years of supervised release. On Aug. 8, 2012, Angelina pleaded guilty to conspiring to conduct and participate in the affairs of the Philadelphia La Cosa Nostra (LCN) Family through a pattern of racketeering activity. At the time of the plea, Angelina admitted he attempted to collect payments related to usurious loans by using extortionate means and operated an illegal video poker machine business in furtherance of the racketeering conspiracy.
Angelina is among 14 members and associates of the Philadelphia LCN Family charged with crimes involving racketeering conspiracy, extortion, loan sharking, illegal gambling, witness tampering and theft from an employee benefit plan in a third superseding indictment returned by a federal grand jury in Philadelphia on July 25, 2012. The other defendants charged in the 52-count third superseding indictment included Philadelphia LCN Family boss Joseph Ligambi, Philadelphia LCN Family underboss Joseph Massimino, George Borgesi, Gaeton Lucibello, Anthony Staino Jr., Damion Canalichio, Louis Barretta, Gary Battaglini, Robert Verrecchia, Eric Esposito, Robert Ranieri, Joseph Licata and Louis Fazzini.
Lucibello pleaded guilty to racketeering conspiracy charges on Aug. 2, 2012, and was sentenced to 51 months in prison. Barretta also pleaded guilty to racketeering conspiracy charges on Sept. 5, 2012, and is awaiting sentencing on Nov. 26, 2012.
The trial for Ligambi, Massimino, Borgesi, Staino Jr., Canalichio, Battaglini, Licata and Fazzini is scheduled for Oct. 9, 2012. The trial for Verrecchia, Esposito and Ranieri has not yet been scheduled. Ligambi, Massimino, Borgesi, Canalichio, Licata and Fazzini are detained while awaiting trial. Staino Jr., Battaglini, Verrecchia, Esposito and Ranieri are free on bond while awaiting trial.
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.
The case is being investigated by the FBI, the Internal Revenue Service-Criminal Investigation, the Pennsylvania State Police, the New Jersey State Police, the Philadelphia Police Department, the U.S. Department of Labor’s Office of Inspector General Office of Labor Racketeering and Fraud Investigations and the U.S. Department of Labor’s Employee Benefits Security Administration. Additional assistance was provided by the New Jersey Department of Corrections.
Monday, September 17, 2012
MEMBER LA COSA NOSTRA SENTENCED TO 51 MONTHS IN PRISON
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, September 14, 2012
Member of Philadelphia La Cosa Nostra Sentenced to 51 Months in Prison
Gaeton Lucibello, 59, of Philadelphia, was sentenced today to 51 months in prison for his participation in a racketeering conspiracy involving extortion and illegal gambling, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania and George C. Venizelos, Special Agent in Charge of the FBI’s Philadelphia Division.
Lucibello was sentenced by U.S. District Judge Eduardo C. Robreno in the Eastern District of Pennsylvania. In addition to his prison term, Lucibello was ordered to serve three years of supervised release. On Aug. 2, 2012, Lucibello pleaded guilty to conspiring to conduct and participate in the affairs of the Philadelphia La Cosa Nostra (LCN) Family through a pattern of racketeering activity. At the time of the plea, he admitted to the court that he assisted in shaking down a bookmaker for "street tax" payments and operated two illegal video poker machine businesses in furtherance of the racketeering conspiracy.
Lucibello was among 14 members and associates of the Philadelphia LCN Family charged with crimes involving racketeering conspiracy, extortion, loan sharking, illegal gambling, witness tampering and theft from an employee benefit plan in a third superseding indictment returned by a federal grand jury in Philadelphia on July 25, 2012. The other defendants charged in the 52-count third superseding indictment included Philadelphia LCN Family boss Joseph Ligambi, Philadelphia LCN Family underboss Joseph Massimino, George Borgesi, Martin Angelina, Anthony Staino Jr., Damion Canalichio, Louis Barretta, Gary Battaglini, Robert Verrecchia, Eric Esposito, Robert Ranieri, Joseph Licata and Louis Fazzini.
Angelina pleaded guilty to racketeering conspiracy charges on Aug. 8, 2012, and is awaiting sentencing on Sep. 17, 2012. Barretta also pleaded guilty to racketeering conspiracy charges on Sep. 5, 2012, and is awaiting sentencing on Nov. 26, 2012.
The trial for Ligambi, Massimino, Borgesi, Staino Jr., Canalichio, Battaglini, Licata and Fazzini is scheduled for Oct. 9, 2012. The trial for Verrecchia, Esposito and Ranieri has not yet been scheduled. Ligambi, Massimino, Borgesi, Canalichio, Licata and Fazzini are detained while awaiting trial. Staino Jr., Battaglini, Verrecchia, Esposito and Ranieri are on bond while awaiting trial.
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.
The case is being investigated by the FBI, the Internal Revenue Service-Criminal Investigation, the Pennsylvania State Police, the New Jersey State Police, the Philadelphia Police Department, the U.S. Department of Labor’s Office of Inspector General Office of Labor Racketeering and Fraud Investigations, and the U.S. Department of Labor’s Employee Benefits Security Administration. Additional assistance was provided by the New Jersey Department of Corrections.
Friday, September 14, 2012
Member of Philadelphia La Cosa Nostra Sentenced to 51 Months in Prison
Gaeton Lucibello, 59, of Philadelphia, was sentenced today to 51 months in prison for his participation in a racketeering conspiracy involving extortion and illegal gambling, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania and George C. Venizelos, Special Agent in Charge of the FBI’s Philadelphia Division.
Lucibello was sentenced by U.S. District Judge Eduardo C. Robreno in the Eastern District of Pennsylvania. In addition to his prison term, Lucibello was ordered to serve three years of supervised release. On Aug. 2, 2012, Lucibello pleaded guilty to conspiring to conduct and participate in the affairs of the Philadelphia La Cosa Nostra (LCN) Family through a pattern of racketeering activity. At the time of the plea, he admitted to the court that he assisted in shaking down a bookmaker for "street tax" payments and operated two illegal video poker machine businesses in furtherance of the racketeering conspiracy.
Lucibello was among 14 members and associates of the Philadelphia LCN Family charged with crimes involving racketeering conspiracy, extortion, loan sharking, illegal gambling, witness tampering and theft from an employee benefit plan in a third superseding indictment returned by a federal grand jury in Philadelphia on July 25, 2012. The other defendants charged in the 52-count third superseding indictment included Philadelphia LCN Family boss Joseph Ligambi, Philadelphia LCN Family underboss Joseph Massimino, George Borgesi, Martin Angelina, Anthony Staino Jr., Damion Canalichio, Louis Barretta, Gary Battaglini, Robert Verrecchia, Eric Esposito, Robert Ranieri, Joseph Licata and Louis Fazzini.
Angelina pleaded guilty to racketeering conspiracy charges on Aug. 8, 2012, and is awaiting sentencing on Sep. 17, 2012. Barretta also pleaded guilty to racketeering conspiracy charges on Sep. 5, 2012, and is awaiting sentencing on Nov. 26, 2012.
The trial for Ligambi, Massimino, Borgesi, Staino Jr., Canalichio, Battaglini, Licata and Fazzini is scheduled for Oct. 9, 2012. The trial for Verrecchia, Esposito and Ranieri has not yet been scheduled. Ligambi, Massimino, Borgesi, Canalichio, Licata and Fazzini are detained while awaiting trial. Staino Jr., Battaglini, Verrecchia, Esposito and Ranieri are on bond while awaiting trial.
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.
The case is being investigated by the FBI, the Internal Revenue Service-Criminal Investigation, the Pennsylvania State Police, the New Jersey State Police, the Philadelphia Police Department, the U.S. Department of Labor’s Office of Inspector General Office of Labor Racketeering and Fraud Investigations, and the U.S. Department of Labor’s Employee Benefits Security Administration. Additional assistance was provided by the New Jersey Department of Corrections.
Sunday, September 16, 2012
DOMINICAN NATIONAL PLEADS GUILTY TO PART IN IDENTITY THEFT RACKET
FROM: U.S. JUSTICE DEPARTMENT
Tuesday, September 4, 2012
Foreign National Pleads Guilty to Leading Role in Trafficking the Identities of Puerto Rican U.S. Citizens
Co-Defendant Pleads Guilty to Conspiracy to Commit Alien Smuggling for Financial Gain
WASHINGTON – A Dominican national pleaded guilty today in connection with his leading role in trafficking the identities of Puerto Rican U.S. citizens and corresponding identity documents.
The guilty plea was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Rosa E. RodrÃguez-Vélez for the District of Puerto Rico; Director John Morton of U.S. Immigration and Customs Enforcement (ICE), which oversees Homeland Security Investigations (HSI); Chief Postal Inspector Guy J. Cottrell of the U.S. Postal Inspection Service (USPIS); Scott P. Bultrowicz, Director of the U.S. State Department’s Diplomatic Security Service (DSS); and Internal Revenue Service-Criminal Investigation (IRS-CI) Chief Richard Weber.
Rafael Joaquin Beltre-Beltre, 35, formerly of Caguas, Puerto Rico, pleaded guilty to one count of conspiracy to commit identification fraud, one count of conspiracy to commit alien smuggling for financial gain and one count of international money laundering. He also agreed to forfeit $422,793 in illegal proceeds and deportation after serving his sentence. The plea took place in the District of Puerto Rico before U.S. Magistrate Judge Marcos E. Lopez.
Beltre-Beltre was charged in a superseding indictment returned by a federal grand jury in Puerto Rico on Mar. 22, 2012. To date, a total of 53 individuals have been charged for their roles in the identity trafficking scheme.
Court documents allege that individuals located in the Savarona area of Caguas, Puerto Rico (Savarona suppliers) obtained Puerto Rican identities and corresponding identity documents. Other conspirators located in various cities throughout the United States (identity brokers) allegedly solicited customers and sold Social Security cards and corresponding Puerto Rico birth certificates for prices ranging from $700 to $2,500 per set. The superseding indictment alleges that identity brokers ordered the identity documents from Savarona suppliers, on behalf of the customers, by making coded telephone calls. The conspirators are charged with using text messages, money transfer services and express, priority or regular U.S. mail to complete their illicit transactions.
Court documents allege that some identity brokers assumed a Puerto Rican identity themselves and used that identity in connection with the trafficking operation. Their customers allegedly generally obtained the identity documents to assume the identity of Puerto Rican U.S. citizens and to obtain additional identification documents, such as legitimate state driver’s licenses. Some customers allegedly obtained the documents to commit financial fraud and attempted to obtain a U.S. passport.
According to court documents, various identity brokers were operating in Rockford, Ill.; DeKalb, Ill.; Aurora, Ill.; Seymour, Ind.; Columbus, Ind.; Indianapolis; Hartford, Conn.; Clewiston, Fla.; Lilburn, Ga.; Norcross, Ga.; Salisbury, Md.; Columbus, Ohio; Fairfield, Ohio; Dorchester, Mass.; Lawrence, Mass.; Salem, Mass.; Worcester, Mass.; Grand Rapids, Mich.; Nebraska City, Neb.; Elizabeth, N.J.; Burlington, N.C.; Hickory, N.C.; Hazelton, Pa.; Philadelphia; Houston; Abingdon, Va.; Albertville, Ala.; and Providence, R.I.
Beltre-Beltre admitted that he operated as a Savarona supplier and was a leader and organizer in the conspiracy. At sentencing, Beltre-Beltre faces a maximum sentence of 15 years in prison for conspiracy to commit identification fraud, 10 years in prison for conspiracy to commit alien smuggling for financial gain and 20 years in prison for international money laundering. Beltre-Beltre is also subject to a maximum fine of $250,000 for each charge.
Another defendant involved in the scheme, Alma Yesenia Garcia-Ramirez, 28, a foreign national formerly of Crystal Lake, Ill., pleaded guilty today to one count of conspiracy to commit alien smuggling for financial gain and agreed to forfeit $35,900 in illegal proceeds as well as to deportation to Mexico after serving her sentence. According to court documents, Garcia-Ramirez assisted an Illinois-based identity broker and transferred money on behalf of the organization. Additionally, she used a Puerto Rican identity herself to commit financial fraud and traffic the identities. Garcia-Ramirez also admitted to obstructing justice in relation to the investigation by attempting to hide evidence from law enforcement investigators. Garcia-Ramirez’s plea took place in the District of Puerto Rico before U.S. Magistrate Judge Bruce J. McGiverin. At sentencing, Garcia-Ramirez faces a maximum sentence of 10 years in prison and a maximum fine of $250,000.
Beltre-Beltre and Garcia-Ramirez are the 14th and 15th defendants to plead guilty in this case.
The charges are the result of Operation Island Express, an ongoing, nationally-coordinated investigation led by the ICE-HSI Chicago Office and USPIS, DSS and IRS-CI offices in Chicago, in coordination with the ICE-HSI San Juan Office. The Illinois Secretary of State Police; Elgin, Ill., Police Department; Seymour, Ind., Police Department; and Indiana State Police provided substantial assistance. The ICE-HSI Assistant Attaché office in the Dominican Republic, and International Organized Crime Intelligence and Operations Center (IOC-2) as well as various ICE, USPIS, DSS and IRS-CI offices around the country provided invaluable assistance.
The case is being prosecuted by Trial Attorneys James S. Yoon, Hope S. Olds, Sarah Chang, Christina Giffin and Courtney B. Schaefer of the Justice Department Criminal Division’s Human Rights and Special Prosecutions Section, with the assistance of Trial Attorney Jeannette Gunderson of the Justice Department Criminal Division’s Asset Forfeiture and Money Laundering Section, and the support of the U.S. Attorney’s Office for the District of Puerto Rico. The U.S. Attorney’s Offices in the Northern District of Illinois, Southern District of Indiana, District of Connecticut, District of Massachusetts, District of Nebraska, Southern District of Ohio and Western District of Virginia provided substantial assistance.
Tuesday, September 4, 2012
Foreign National Pleads Guilty to Leading Role in Trafficking the Identities of Puerto Rican U.S. Citizens
Co-Defendant Pleads Guilty to Conspiracy to Commit Alien Smuggling for Financial Gain
WASHINGTON – A Dominican national pleaded guilty today in connection with his leading role in trafficking the identities of Puerto Rican U.S. citizens and corresponding identity documents.
The guilty plea was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Rosa E. RodrÃguez-Vélez for the District of Puerto Rico; Director John Morton of U.S. Immigration and Customs Enforcement (ICE), which oversees Homeland Security Investigations (HSI); Chief Postal Inspector Guy J. Cottrell of the U.S. Postal Inspection Service (USPIS); Scott P. Bultrowicz, Director of the U.S. State Department’s Diplomatic Security Service (DSS); and Internal Revenue Service-Criminal Investigation (IRS-CI) Chief Richard Weber.
Rafael Joaquin Beltre-Beltre, 35, formerly of Caguas, Puerto Rico, pleaded guilty to one count of conspiracy to commit identification fraud, one count of conspiracy to commit alien smuggling for financial gain and one count of international money laundering. He also agreed to forfeit $422,793 in illegal proceeds and deportation after serving his sentence. The plea took place in the District of Puerto Rico before U.S. Magistrate Judge Marcos E. Lopez.
Beltre-Beltre was charged in a superseding indictment returned by a federal grand jury in Puerto Rico on Mar. 22, 2012. To date, a total of 53 individuals have been charged for their roles in the identity trafficking scheme.
Court documents allege that individuals located in the Savarona area of Caguas, Puerto Rico (Savarona suppliers) obtained Puerto Rican identities and corresponding identity documents. Other conspirators located in various cities throughout the United States (identity brokers) allegedly solicited customers and sold Social Security cards and corresponding Puerto Rico birth certificates for prices ranging from $700 to $2,500 per set. The superseding indictment alleges that identity brokers ordered the identity documents from Savarona suppliers, on behalf of the customers, by making coded telephone calls. The conspirators are charged with using text messages, money transfer services and express, priority or regular U.S. mail to complete their illicit transactions.
Court documents allege that some identity brokers assumed a Puerto Rican identity themselves and used that identity in connection with the trafficking operation. Their customers allegedly generally obtained the identity documents to assume the identity of Puerto Rican U.S. citizens and to obtain additional identification documents, such as legitimate state driver’s licenses. Some customers allegedly obtained the documents to commit financial fraud and attempted to obtain a U.S. passport.
According to court documents, various identity brokers were operating in Rockford, Ill.; DeKalb, Ill.; Aurora, Ill.; Seymour, Ind.; Columbus, Ind.; Indianapolis; Hartford, Conn.; Clewiston, Fla.; Lilburn, Ga.; Norcross, Ga.; Salisbury, Md.; Columbus, Ohio; Fairfield, Ohio; Dorchester, Mass.; Lawrence, Mass.; Salem, Mass.; Worcester, Mass.; Grand Rapids, Mich.; Nebraska City, Neb.; Elizabeth, N.J.; Burlington, N.C.; Hickory, N.C.; Hazelton, Pa.; Philadelphia; Houston; Abingdon, Va.; Albertville, Ala.; and Providence, R.I.
Beltre-Beltre admitted that he operated as a Savarona supplier and was a leader and organizer in the conspiracy. At sentencing, Beltre-Beltre faces a maximum sentence of 15 years in prison for conspiracy to commit identification fraud, 10 years in prison for conspiracy to commit alien smuggling for financial gain and 20 years in prison for international money laundering. Beltre-Beltre is also subject to a maximum fine of $250,000 for each charge.
Another defendant involved in the scheme, Alma Yesenia Garcia-Ramirez, 28, a foreign national formerly of Crystal Lake, Ill., pleaded guilty today to one count of conspiracy to commit alien smuggling for financial gain and agreed to forfeit $35,900 in illegal proceeds as well as to deportation to Mexico after serving her sentence. According to court documents, Garcia-Ramirez assisted an Illinois-based identity broker and transferred money on behalf of the organization. Additionally, she used a Puerto Rican identity herself to commit financial fraud and traffic the identities. Garcia-Ramirez also admitted to obstructing justice in relation to the investigation by attempting to hide evidence from law enforcement investigators. Garcia-Ramirez’s plea took place in the District of Puerto Rico before U.S. Magistrate Judge Bruce J. McGiverin. At sentencing, Garcia-Ramirez faces a maximum sentence of 10 years in prison and a maximum fine of $250,000.
Beltre-Beltre and Garcia-Ramirez are the 14th and 15th defendants to plead guilty in this case.
The charges are the result of Operation Island Express, an ongoing, nationally-coordinated investigation led by the ICE-HSI Chicago Office and USPIS, DSS and IRS-CI offices in Chicago, in coordination with the ICE-HSI San Juan Office. The Illinois Secretary of State Police; Elgin, Ill., Police Department; Seymour, Ind., Police Department; and Indiana State Police provided substantial assistance. The ICE-HSI Assistant Attaché office in the Dominican Republic, and International Organized Crime Intelligence and Operations Center (IOC-2) as well as various ICE, USPIS, DSS and IRS-CI offices around the country provided invaluable assistance.
The case is being prosecuted by Trial Attorneys James S. Yoon, Hope S. Olds, Sarah Chang, Christina Giffin and Courtney B. Schaefer of the Justice Department Criminal Division’s Human Rights and Special Prosecutions Section, with the assistance of Trial Attorney Jeannette Gunderson of the Justice Department Criminal Division’s Asset Forfeiture and Money Laundering Section, and the support of the U.S. Attorney’s Office for the District of Puerto Rico. The U.S. Attorney’s Offices in the Northern District of Illinois, Southern District of Indiana, District of Connecticut, District of Massachusetts, District of Nebraska, Southern District of Ohio and Western District of Virginia provided substantial assistance.
Friday, September 14, 2012
CONSPIRATOR IN GOVERNMENT TAX FRAUD SCHEME GETS 84 MONTHS IN PRISON
Thursday, September 6, 2012
Massachusetts Tax Fraud Promoter Sentenced to Prison for Conspiracy to Obstruct and Impede the IRS
A federal judge in Worcester, Mass., sentenced William Scott Dion today to 84 months in prison for conspiring to defraud the United States, and for obstructing the Internal Revenue Service (IRS), the Justice Department and IRS announced. U.S. District Judge F. Dennis Saylor also ordered Dion to pay restitution in the amount of $3 million.
On April 2, 2012, a federal jury convicted Dion and Catherine Floyd, both of Sanbornville, N.H., and Charles Adams, of Norwood, Mass., for conspiracies to defraud the United States through the promotion and use of multiple tax fraud schemes. The jury convicted all three of conspiracy to defraud the IRS by promoting an "under the table" payroll scheme. Dion and Floyd were also convicted for conspiracy to defraud the IRS through the use of an "underground warehouse banking" scheme designed to conceal customer income and assets from the IRS. Floyd and Dion were also convicted separately for corruptly endeavoring to obstruct the IRS’s ability to determine their own income. Adams was separately convicted of tax evasion.
According to the evidence presented at trial, Dion, Floyd and Adams ran a payroll tax scheme in order to pay employees "under the table" without properly accounting for, withholding, and paying over to the IRS the payroll taxes required by law. The three promoted the payroll scheme to employers and individuals who wanted to avoid payment of employer payroll taxes and individual payroll taxes. The three ran the payroll scheme under three different names: Contract America, Talent Management and New Way Enterprises. Approximately 150 individuals subscribed to the payroll scheme and in excess of $2.5 million in unreported wages and compensation were paid through the system.
The evidence at trial also established that Dion and Floyd conspired to defraud the United States by promoting and operating an "underground warehouse banking" scheme which helped subscribers conceal income and assets from the IRS. According to the evidence, the warehouse scheme operated under three different names: Your Virtual Office, Office Services and Calico Management. As part of the warehouse banking scheme, the defendants maintained accounts at several banks and used the accounts to deposit and commingle business receipts and other funds received from subscribers in order to mask the true ownership of the funds. According to evidence presented at trial, more than $28 million in deposits were made into the various bank accounts used in the scheme.
In August 2009, the three defendants were indicted with four other individuals relating to the promotion and use of these schemes. On Dec. 9, 2011, prior to trial, Gail and Myron Thorick of West Warwick, R.I., pleaded guilty to conspiring to defraud the United States by helping operate the "warehouse banking" scheme, and for filing false tax returns. On that same date, Gary Alcock pleaded guilty to conspiracy by using the payroll scheme, as well as to tax evasion and willful failure to file tax returns. On Jan. 24, 2012, Kenneth Scott Alcock pleaded guilty to conspiracy relating to the payroll scheme and to one count of tax evasion. All four defendants are awaiting sentencing.
Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division, and Carmen M. Ortiz, U.S. Attorney for the District of Massachusetts, commended the efforts of special agents of IRS – Criminal Investigation, who investigated the case, Tax Division Assistant Chief John N. Kane, former Tax Division Trial Attorney Jeffrey L. Shih, Assistant U.S. Attorney Victor A. Wild, who prosecuted the case.
FORMER STANFORD FINANCIAL GROUP EXECUTIVE GOES TO PRISON
Thursday, September 13, 2012
Former Chief Investment Officer of Stanford Financial Group Sentenced to Three Years in Prison for Obstruction of Justice
WASHINGTON – Laura Pendergest-Holt, 39, the former chief investment officer of Houston-based Stanford Financial Group, was sentenced today to 36 months in prison for her role in obstructing a U.S. Securities and Exchange Commission (SEC) investigation into Stanford International Bank (SIB), the Antiguan offshore bank owned by convicted financier Robert Allen Stanford.
Today’s sentence was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Kenneth Magidson of the Southern District of Texas; FBI Assistant Director Ronald T. Hosko of the Criminal Investigative Division; Assistant Secretary of Labor for the Employee Benefits Security Administration Phyllis C. Borzi; Chief Postal Inspector Guy J. Cottrell from the U.S. Postal Inspection Service (USPIS); and Chief Richard Weber, Internal Revenue Service-Criminal Investigation (IRS-CI).
The sentence was imposed by U.S. District Judge David Hittner in the Southern District of Texas. In addition to her prison term, Holt was sentenced to three years of supervised release. Judge Hittner noted that Holt did not have the ability to pay a fine.
In January 2009, the SEC sought testimony and documents related to SIB’s entire investment portfolio. Although she was incapable of testifying about the vast majority of that portfolio, Holt nevertheless agreed to testify before the SEC. In her guilty plea, Holt acknowledged that her eventual appearance and sworn testimony before the SEC was a stall tactic designed to frustrate the SEC’s efforts to obtain important information about SIB’s investment portfolio. Holt admitted she took this action intentionally and corruptly, knowing that her testimony would impede the SEC’s investigation and help SIB continue operating.
Holt was remanded into custody today.
Tuesday, September 11, 2012
Monday, September 10, 2012
NATIONAL BIOSURVEILLANCE STRATEGY
FROM: U.S. DEPARTMENT OF DEFENSE
DOD Partners with Cities, Countries on Biosurveillance
By Cheryl Pellerin
American Forces Press Service
WASHINGTON, Aug. 31, 2012 - In line with the first National Biosurveillance Strategy released last month, the Defense Department is working with U.S. cities and countries around the world to enhance capabilities needed to detect and track a range of natural or intentional global disease outbreaks.
Biosurveillance involves using experts and a range of technologies to systematically gather, analyze and interpret data related to disease activity and threats to human and animal health for early warning and detection.
Though the strategy is new, a range of national policy documents has addressed biosurveillance, beginning in 2007 with Homeland Security Presidential Directive 21. The directive defined biosurveillance and discussed the need for a national capability.
In 2009, objectives stated in the National Strategy for Countering Biological Attacks sought to protect against the misuse of the life sciences to support biological weapons proliferation and terrorism. And the National Security Strategy of 2010 noted the ability of emerging infectious diseases to cross borders and threaten national security.
"DOD's involvement in biosurveillance goes back probably before DOD to the Revolutionary War," Andrew C. Weber, assistant secretary of defense for nuclear, chemical and biological defense programs, told American Forces Press Service.
"We didn't call it biosurveillance then, but monitoring and understanding infectious disease has always been our priority, because for much of our history, we've been a global force," he added.
Today, as part of its effort to prepare for microbial storms unleashed by nature and by adversaries, DOD works internationally and domestically to improve global biosurveillance cooperation, Weber said.
"While we worry a lot about nonstate actors launching a bioterrorist attack," he added, "we also have to worry about rogue states like [North] Korea, Iran and Syria that have biological/chemical weapons programs."
To enhance biodefense capabilities on the Korean peninsula, Weber said DOD and South Korea launched the Able Response exercise in May 2011 and ran it again in May 2012.
"This is a whole-of-government to whole-of-government tabletop exercise focused on a biological incident, not during a conventional war but some type of a covert release, ... that could have a major impact on the civilian population ... but also on our 28,000 forces deployed on the peninsula," the assistant secretary said.
At the Defense Threat Reduction Agency, Ryan Madden is a science and technology manager in the chemical and biological technologies directorate's physical science and technology division. Since 2007, DTRA, the Department of Homeland Security and other federal agencies have worked with the cities of Seattle and Denver, and now are working along with the State Department and with Poland on biosurveillance exercises, Madden told American Forces Press Service.
The first exercise, called the Interagency Biological Restoration Demonstration, or IBRD, ran from 2007 to 2010 in Seattle, he said, calling the demonstration "a very unique partnership" between DOD and Homeland Security.
The exercise was prompted by anthrax attacks that killed five people in the United States in 2001, Madden said.
The scenario involved a large biological anthrax release in a large city. The objective, he explained, was to get "from the baseline of more than 10 years for restoration [of the city after the attack] to a manageable number [of months or years for anthrax cleanup] that allows the city to maintain some form of viability."
IBRD was conducted in partnership with the Seattle King County Urban Area Security Initiative, Madden said, "and at the end of the program, we had a number of toolsets for decision support or efficacy."
The IBRD team had done studies on the efficacy of various solutions on bacillus anthracis -- the bacterium that causes anthrax -- on various surfaces, Madden said. "So there was technical data and decision toolsets that help you use that data to inform sampling approaches or decontamination strategies," he added.
As a result of the exercise, he said, "the [Seattle Urban Area Security Initiative], and their partnership with Joint Base Lewis-McChord as a key military installation there, have a regional consequence management plan that addresses catastrophic biological incidents."
For a large city like Seattle, the community resilience factor -- based on how long leases and businesses can stay viable if people can't get to work -- is about six months. "And we're still not at six months," Madden said.
Last year, Homeland Security took the lead, working with DOD, the Environmental Protection Agency and the Department of Health and Human Services in a follow-on effort in Denver, Madden said, working with the Denver Urban Area Security Initiative.
The Denver recovery and resilience program, which wraps up this year, "expanded on IBRD with anthrax, but added a blister agent and a radiological dispersion device, and it still focuses on physical contamination [and cleanup]," the science and technology manager said.
During the Denver program, Madden added, "we started looking at how this could apply in working with a partner nation."
The international effort began in October as a partnership among DOD, the State Department, Homeland Security and Poland.
"I think [it] ties very closely with both the National Strategy for Countering Biological Threats as well as the National Strategy for Biosurveillance," Madden said, both of which recommend leveraging international collaboration.
Between October 2011 and September 2014, the exercise will use the release of two agents -- one contagion and one environmentally persistent biothreat -- to develop and demonstrate a capability for resilience in countering a threat that affects U.S. and Polish civilians and military personnel and key infrastructure, Madden said.
"[The international effort] is a capability integration and demonstration program, so we're looking at technical feasibility and then operational utility," he added. "We're working so the U.S. European Command, and warfighters are part of it. And later in the program, [we'll have] field demonstrations and utility assessments."
The first technical demonstration will be held in August 2013, he said, and the second in the early spring of 2014.
The final operational demonstration, involving the 773rd Civil Support Team in Germany, Eucom assets and Polish officials working together, will be in September 2014, Madden said. In the meantime, he added, "we're funding Sandia National Laboratory to help with a methodology and a toolset we call Threat Probability to Action. The big gap we're trying to bridge is between earlier warning and rapid response.
"The quicker you're warned about something and the quicker you can make decisions about what to do," he said, "all of that has an impact on [saving lives]."
DOD Partners with Cities, Countries on Biosurveillance
By Cheryl Pellerin
American Forces Press Service
WASHINGTON, Aug. 31, 2012 - In line with the first National Biosurveillance Strategy released last month, the Defense Department is working with U.S. cities and countries around the world to enhance capabilities needed to detect and track a range of natural or intentional global disease outbreaks.
Biosurveillance involves using experts and a range of technologies to systematically gather, analyze and interpret data related to disease activity and threats to human and animal health for early warning and detection.
Though the strategy is new, a range of national policy documents has addressed biosurveillance, beginning in 2007 with Homeland Security Presidential Directive 21. The directive defined biosurveillance and discussed the need for a national capability.
In 2009, objectives stated in the National Strategy for Countering Biological Attacks sought to protect against the misuse of the life sciences to support biological weapons proliferation and terrorism. And the National Security Strategy of 2010 noted the ability of emerging infectious diseases to cross borders and threaten national security.
"DOD's involvement in biosurveillance goes back probably before DOD to the Revolutionary War," Andrew C. Weber, assistant secretary of defense for nuclear, chemical and biological defense programs, told American Forces Press Service.
"We didn't call it biosurveillance then, but monitoring and understanding infectious disease has always been our priority, because for much of our history, we've been a global force," he added.
Today, as part of its effort to prepare for microbial storms unleashed by nature and by adversaries, DOD works internationally and domestically to improve global biosurveillance cooperation, Weber said.
"While we worry a lot about nonstate actors launching a bioterrorist attack," he added, "we also have to worry about rogue states like [North] Korea, Iran and Syria that have biological/chemical weapons programs."
To enhance biodefense capabilities on the Korean peninsula, Weber said DOD and South Korea launched the Able Response exercise in May 2011 and ran it again in May 2012.
"This is a whole-of-government to whole-of-government tabletop exercise focused on a biological incident, not during a conventional war but some type of a covert release, ... that could have a major impact on the civilian population ... but also on our 28,000 forces deployed on the peninsula," the assistant secretary said.
At the Defense Threat Reduction Agency, Ryan Madden is a science and technology manager in the chemical and biological technologies directorate's physical science and technology division. Since 2007, DTRA, the Department of Homeland Security and other federal agencies have worked with the cities of Seattle and Denver, and now are working along with the State Department and with Poland on biosurveillance exercises, Madden told American Forces Press Service.
The first exercise, called the Interagency Biological Restoration Demonstration, or IBRD, ran from 2007 to 2010 in Seattle, he said, calling the demonstration "a very unique partnership" between DOD and Homeland Security.
The exercise was prompted by anthrax attacks that killed five people in the United States in 2001, Madden said.
The scenario involved a large biological anthrax release in a large city. The objective, he explained, was to get "from the baseline of more than 10 years for restoration [of the city after the attack] to a manageable number [of months or years for anthrax cleanup] that allows the city to maintain some form of viability."
IBRD was conducted in partnership with the Seattle King County Urban Area Security Initiative, Madden said, "and at the end of the program, we had a number of toolsets for decision support or efficacy."
The IBRD team had done studies on the efficacy of various solutions on bacillus anthracis -- the bacterium that causes anthrax -- on various surfaces, Madden said. "So there was technical data and decision toolsets that help you use that data to inform sampling approaches or decontamination strategies," he added.
As a result of the exercise, he said, "the [Seattle Urban Area Security Initiative], and their partnership with Joint Base Lewis-McChord as a key military installation there, have a regional consequence management plan that addresses catastrophic biological incidents."
For a large city like Seattle, the community resilience factor -- based on how long leases and businesses can stay viable if people can't get to work -- is about six months. "And we're still not at six months," Madden said.
Last year, Homeland Security took the lead, working with DOD, the Environmental Protection Agency and the Department of Health and Human Services in a follow-on effort in Denver, Madden said, working with the Denver Urban Area Security Initiative.
The Denver recovery and resilience program, which wraps up this year, "expanded on IBRD with anthrax, but added a blister agent and a radiological dispersion device, and it still focuses on physical contamination [and cleanup]," the science and technology manager said.
During the Denver program, Madden added, "we started looking at how this could apply in working with a partner nation."
The international effort began in October as a partnership among DOD, the State Department, Homeland Security and Poland.
"I think [it] ties very closely with both the National Strategy for Countering Biological Threats as well as the National Strategy for Biosurveillance," Madden said, both of which recommend leveraging international collaboration.
Between October 2011 and September 2014, the exercise will use the release of two agents -- one contagion and one environmentally persistent biothreat -- to develop and demonstrate a capability for resilience in countering a threat that affects U.S. and Polish civilians and military personnel and key infrastructure, Madden said.
"[The international effort] is a capability integration and demonstration program, so we're looking at technical feasibility and then operational utility," he added. "We're working so the U.S. European Command, and warfighters are part of it. And later in the program, [we'll have] field demonstrations and utility assessments."
The first technical demonstration will be held in August 2013, he said, and the second in the early spring of 2014.
The final operational demonstration, involving the 773rd Civil Support Team in Germany, Eucom assets and Polish officials working together, will be in September 2014, Madden said. In the meantime, he added, "we're funding Sandia National Laboratory to help with a methodology and a toolset we call Threat Probability to Action. The big gap we're trying to bridge is between earlier warning and rapid response.
"The quicker you're warned about something and the quicker you can make decisions about what to do," he said, "all of that has an impact on [saving lives]."
Sunday, September 9, 2012
A CASE OF FALSELY CERTIFYING SHIP INSPECTIONS
FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, August 29, 2012
Miami Man Sentenced to 21 Months in Prison for Obstruction of Justice and False Statements for Certifying Ships Safe for Sea
WASHINGTON – A Miami-based ship surveyor was sentenced today for lying to the Coast Guard and for falsely certifying that inspections had been performed on two ships, which were designed to ensure that the ships were seaworthy and did not pose a threat to the crew or the marine environment, announced Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division at the Department of Justice, Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Rear Admiral William D. Baumgartner, 7th Coast Guard District Commander, and Jonathan Sall, U.S. Coast Guard Investigative Service Special Agent in Charge.
Alejandro Gonzalez, 60, of Miami-Dade County, Fla., was sentenced in U.S. District Court for the Southern District of Florida to 21 months in prison.
On May 24, 2012, a federal jury found Gonzalez guilty of lying to a Coast Guard inspector and a federal agent about the drydocking of the M/V Cala Galdana, a 68-meter cargo vessel, in San Juan, Puerto Rico, in April 2009 and December 2009.
Coast Guard inspectors in San Juan discovered the vessel taking on water in August of 2008 and requested the last drydocking of the vessel. Gonzalez concocted a false story about the vessel being drydocked in Colombia in 2006 when he knew it was not. Gonzalez repeatedly claimed the vessel had been drydocked in Cartegena, Colombia, in March of 2006, while evidence at the trial proved conclusively that the vessel was never in Colombia during 2006.
Gonzalez was also convicted of falsifying documents for the M/V Cosette, a 92-meter cargo vessel. As the surveyor on behalf of Bolivia, Gonzalez certified the ship as safe for sea while the vessel was docked in Fort Pierce, Fla., in November 2009. When the vessel shortly thereafter arrived in New York City harbor, Coast Guard inspectors discovered exhaust and fuel pouring into the engine room, endangering the crew and the ship. For his action, Gonzalez was convicted of making a false statement and obstructing a Coast Guard Port State Control examination.
"Mr. Gonzalez is being held accountable today for making false statements and certifications to Coast Guard inspectors whose job it is to ensure the safety of ships at sea," said Assistant Attorney General Moreno. "Ship surveyors serve a crucial public safety role, and when they abdicate their responsibility they put mariners in danger and our nation's waters at risk of contamination. Mr. Gonzalez's prosecution should send a message that we will not tolerate this type of egregious behavior."
"Surveyors are responsible for the safety of the ships they inspect. When they fail to do their jobs properly, lives are put at risk," said U.S. Attorney Ferrer. "Today’s sentence should remind those few surveyors who need reminding of the great responsibility that they carry and the consequences of their actions."
The prosecution was handled by Assistant U.S. Attorney Jaime Raich and Trial Attorney Kenneth Nelson, of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Wednesday, August 29, 2012
Miami Man Sentenced to 21 Months in Prison for Obstruction of Justice and False Statements for Certifying Ships Safe for Sea
WASHINGTON – A Miami-based ship surveyor was sentenced today for lying to the Coast Guard and for falsely certifying that inspections had been performed on two ships, which were designed to ensure that the ships were seaworthy and did not pose a threat to the crew or the marine environment, announced Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division at the Department of Justice, Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Rear Admiral William D. Baumgartner, 7th Coast Guard District Commander, and Jonathan Sall, U.S. Coast Guard Investigative Service Special Agent in Charge.
Alejandro Gonzalez, 60, of Miami-Dade County, Fla., was sentenced in U.S. District Court for the Southern District of Florida to 21 months in prison.
On May 24, 2012, a federal jury found Gonzalez guilty of lying to a Coast Guard inspector and a federal agent about the drydocking of the M/V Cala Galdana, a 68-meter cargo vessel, in San Juan, Puerto Rico, in April 2009 and December 2009.
Coast Guard inspectors in San Juan discovered the vessel taking on water in August of 2008 and requested the last drydocking of the vessel. Gonzalez concocted a false story about the vessel being drydocked in Colombia in 2006 when he knew it was not. Gonzalez repeatedly claimed the vessel had been drydocked in Cartegena, Colombia, in March of 2006, while evidence at the trial proved conclusively that the vessel was never in Colombia during 2006.
Gonzalez was also convicted of falsifying documents for the M/V Cosette, a 92-meter cargo vessel. As the surveyor on behalf of Bolivia, Gonzalez certified the ship as safe for sea while the vessel was docked in Fort Pierce, Fla., in November 2009. When the vessel shortly thereafter arrived in New York City harbor, Coast Guard inspectors discovered exhaust and fuel pouring into the engine room, endangering the crew and the ship. For his action, Gonzalez was convicted of making a false statement and obstructing a Coast Guard Port State Control examination.
"Mr. Gonzalez is being held accountable today for making false statements and certifications to Coast Guard inspectors whose job it is to ensure the safety of ships at sea," said Assistant Attorney General Moreno. "Ship surveyors serve a crucial public safety role, and when they abdicate their responsibility they put mariners in danger and our nation's waters at risk of contamination. Mr. Gonzalez's prosecution should send a message that we will not tolerate this type of egregious behavior."
"Surveyors are responsible for the safety of the ships they inspect. When they fail to do their jobs properly, lives are put at risk," said U.S. Attorney Ferrer. "Today’s sentence should remind those few surveyors who need reminding of the great responsibility that they carry and the consequences of their actions."
The prosecution was handled by Assistant U.S. Attorney Jaime Raich and Trial Attorney Kenneth Nelson, of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Friday, September 7, 2012
FOR-PROFIT SCHOOLS CHARGED WITH MISREPRESENTING THE TRUTH FOR PROFIT
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, August 30, 2012
Government Files Complaint Against Dallas Area-Based For-profit Chain of Schools for False Claims Act Violations
The United States has intervened and filed a complaint against the private, for-profit chain of schools, ATI Enterprises Inc. based in North Richland, Texas, the Justice Department announced today. ATI Enterprises, Inc., which does business as ATI Technical Training Center, ATI Career Training Center and ATI Career Training, operates career college campuses in Texas, Florida, Oklahoma and New Mexico.
The government’s complaint alleges that from 2007 through 2010, at three campuses in Dallas and North Richland Hills, Texas, ATI Enterprises knowingly misrepresented its job placement statistics to the Texas Workforce Commission in order to maintain its state licensure, and therefore its eligibility for federal financial aid under Title IV of the Higher Education Act of 1965, as amended. On Aug. 9, 2011, the Texas Workforce Commission revoked licenses for several of ATI’s programs at the three campuses after a third party audit of ATI’s reported placement statistics.
Furthermore, the complaint alleges that ATI employees at the three campuses knowingly enrolled students who were ineligible because they did not have high school diplomas or recognized equivalents; falsified high school diplomas, including five Dallas Independent School District diplomas for students who later defaulted on their federal student loans; fraudulently kept students enrolled even though they should have been dropped because they had poor grades or attendance; and made knowing misrepresentations to students about their future employability. The alleged misrepresentations included telling students that a criminal record would not prevent them from getting jobs in their fields of study, quoting higher salaries than the students would be likely to earn and reporting inflated job placement statistics both to the students and the Texas Workforce Commission. The complaint alleges that the executive directors at each campus, as well as various ATI corporate officers, including the chief operating officer, chief executive officer, executive vice president of operations, national director of career services, regional director of education, regional director of career placements and vice president of recruitment were aware of and in some cases encouraged the alleged conduct.
The complaint further alleges that ATI engaged in these practices in order to induce students to enroll and thereby increase the school’s receipt of federal dollars at the expense of students, who incurred long-term debt, and the taxpayers.
"Federal financial aid is designed to help students obtain an education ," said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division of the Department of Justice. "We are committed to ensuring that educational institutions place the interests of their students ahead of their own financial interests. "
"Misuse of taxpayers’ dollars cannot be tolerated – not only for the sake of taxpayers, but especially in the case of innocent individuals who seek to improve their lives through a quality education," said U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
"Abuse of the federal student aid program is unacceptable" said Kathleen Tighe, Inspector General of the U.S. Department of Education. "Tracking down and holding accountable companies like ATI that take advantage of students to benefit the companies’ bottom line will continue to be a priority of our office."
The suit was originally filed by Portia Aldridge, Tiffany Turner, Monica Lewis, James Lewis, Nathan Wallace and Lori Jackson, all former employees of the Texas campuses of ATI Enterprises. The False Claims Act allows private citizens to file whistleblower suits to provide the government information about wrongdoing. The government then has a period of time to investigate and decide whether to intervene and take over the litigation or decline to pursue the case and allow the whistleblower to proceed. If the United States proves that a defendant has knowingly submitted false claims, it is entitled to recover three times the damages that resulted and a penalty of $5,500 to $11,000 per claim. When the government intervenes, the whistleblower can collect a share of 15 to 25 percent of the United States' recovery.
This matter was investigated by the Commercial Litigation Branch of the Justice Department’s Civil Division; the U.S. Attorney's Office for the Northern District of Texas; and the Department of Education, Office of Inspector General; and Office of General Counsel.
The claims asserted against ATI in the United States’ complaint are allegations only, and there has been no determination of liability.
Thursday, August 30, 2012
Government Files Complaint Against Dallas Area-Based For-profit Chain of Schools for False Claims Act Violations
The United States has intervened and filed a complaint against the private, for-profit chain of schools, ATI Enterprises Inc. based in North Richland, Texas, the Justice Department announced today. ATI Enterprises, Inc., which does business as ATI Technical Training Center, ATI Career Training Center and ATI Career Training, operates career college campuses in Texas, Florida, Oklahoma and New Mexico.
The government’s complaint alleges that from 2007 through 2010, at three campuses in Dallas and North Richland Hills, Texas, ATI Enterprises knowingly misrepresented its job placement statistics to the Texas Workforce Commission in order to maintain its state licensure, and therefore its eligibility for federal financial aid under Title IV of the Higher Education Act of 1965, as amended. On Aug. 9, 2011, the Texas Workforce Commission revoked licenses for several of ATI’s programs at the three campuses after a third party audit of ATI’s reported placement statistics.
Furthermore, the complaint alleges that ATI employees at the three campuses knowingly enrolled students who were ineligible because they did not have high school diplomas or recognized equivalents; falsified high school diplomas, including five Dallas Independent School District diplomas for students who later defaulted on their federal student loans; fraudulently kept students enrolled even though they should have been dropped because they had poor grades or attendance; and made knowing misrepresentations to students about their future employability. The alleged misrepresentations included telling students that a criminal record would not prevent them from getting jobs in their fields of study, quoting higher salaries than the students would be likely to earn and reporting inflated job placement statistics both to the students and the Texas Workforce Commission. The complaint alleges that the executive directors at each campus, as well as various ATI corporate officers, including the chief operating officer, chief executive officer, executive vice president of operations, national director of career services, regional director of education, regional director of career placements and vice president of recruitment were aware of and in some cases encouraged the alleged conduct.
The complaint further alleges that ATI engaged in these practices in order to induce students to enroll and thereby increase the school’s receipt of federal dollars at the expense of students, who incurred long-term debt, and the taxpayers.
"Federal financial aid is designed to help students obtain an education ," said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division of the Department of Justice. "We are committed to ensuring that educational institutions place the interests of their students ahead of their own financial interests. "
"Misuse of taxpayers’ dollars cannot be tolerated – not only for the sake of taxpayers, but especially in the case of innocent individuals who seek to improve their lives through a quality education," said U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
"Abuse of the federal student aid program is unacceptable" said Kathleen Tighe, Inspector General of the U.S. Department of Education. "Tracking down and holding accountable companies like ATI that take advantage of students to benefit the companies’ bottom line will continue to be a priority of our office."
The suit was originally filed by Portia Aldridge, Tiffany Turner, Monica Lewis, James Lewis, Nathan Wallace and Lori Jackson, all former employees of the Texas campuses of ATI Enterprises. The False Claims Act allows private citizens to file whistleblower suits to provide the government information about wrongdoing. The government then has a period of time to investigate and decide whether to intervene and take over the litigation or decline to pursue the case and allow the whistleblower to proceed. If the United States proves that a defendant has knowingly submitted false claims, it is entitled to recover three times the damages that resulted and a penalty of $5,500 to $11,000 per claim. When the government intervenes, the whistleblower can collect a share of 15 to 25 percent of the United States' recovery.
This matter was investigated by the Commercial Litigation Branch of the Justice Department’s Civil Division; the U.S. Attorney's Office for the Northern District of Texas; and the Department of Education, Office of Inspector General; and Office of General Counsel.
The claims asserted against ATI in the United States’ complaint are allegations only, and there has been no determination of liability.
Thursday, September 6, 2012
SEARCH FOR CONVICTED SEX OFFENDER ENDS
FROM: U.S. U.S. MARSHALS SERVICE, FUGITIVES
Weekend Arrest Ends Search for Convicted Sex Offender
Des Moines, IA – On Friday, August 31, 2012, the U.S. Marshals Southern Iowa Fugitive Task Force requested the public’s assistance in the search for convicted sex offender Courtney Cortez Chestnut, 29, of Des Moines. Chestnut was wanted by the Polk County Sheriff’s Office for failure to register as a sex offender (2nd offense) and escape.
On Saturday evening, September 1, 2012, acting on a tip called into the Des Moines Police Department, Des Moines Police Officers arrested Chestnut at a residence in the 2000 block of 22nd Street in Des Moines. Chestnut was booked into the Polk County Jail where he is currently being held on $5,000 cash bond.
"This is just another example of the good, law-abiding citizens of Des Moines working together with law enforcement to make our communities a safer place to live," said Michael R. Bladel, U.S. Marshal for the Southern District of Iowa. "I would like to thank the anonymous tipster, the media, and the Des Moines Police Department for their swift response to our request for assistance."
The Southern Iowa Fugitive Task Force is a cooperative effort of the U.S. Marshals, the Polk County Sheriff’s Office, the Iowa Department of Public Safety, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Weekend Arrest Ends Search for Convicted Sex Offender
Des Moines, IA – On Friday, August 31, 2012, the U.S. Marshals Southern Iowa Fugitive Task Force requested the public’s assistance in the search for convicted sex offender Courtney Cortez Chestnut, 29, of Des Moines. Chestnut was wanted by the Polk County Sheriff’s Office for failure to register as a sex offender (2nd offense) and escape.
On Saturday evening, September 1, 2012, acting on a tip called into the Des Moines Police Department, Des Moines Police Officers arrested Chestnut at a residence in the 2000 block of 22nd Street in Des Moines. Chestnut was booked into the Polk County Jail where he is currently being held on $5,000 cash bond.
"This is just another example of the good, law-abiding citizens of Des Moines working together with law enforcement to make our communities a safer place to live," said Michael R. Bladel, U.S. Marshal for the Southern District of Iowa. "I would like to thank the anonymous tipster, the media, and the Des Moines Police Department for their swift response to our request for assistance."
The Southern Iowa Fugitive Task Force is a cooperative effort of the U.S. Marshals, the Polk County Sheriff’s Office, the Iowa Department of Public Safety, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Wednesday, September 5, 2012
DOJ CELEBRATES EXTRADITION OF ARELLANO-FELIX ORGANIZATION MEMBER
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, August 31, 2012
Eduardo Arellano-Felix Extradited from Mexico to the United States to Face Charges
Key Advisor to Arellano-Felix Organization’s Leadership
WASHINGTON - Eduardo Arellano-Felix, 55, one of the alleged members of the Arellano-Felix Organization (AFO), was extradited today by the government of Mexico to the United States to face racketeering, money laundering and narcotics trafficking charges in the Southern District of California.
The extradition was announced by U.S. Attorney for the Southern District of California Laura E. Duffy and Assistant Attorney General Lanny A. Breuer of the Justice Department?s Criminal Division. Arellano-Felix was arrested by Mexican authorities in Tijuana, Baja California, Mexico, on Oct. 25, 2008, following a gun battle with a Mexican Special Tactical Team. A final order of extradition to the United States was granted in 2010. After two years of unsuccessful appeals, Arellano-Felix arrived in the United States this afternoon. He is scheduled to make his initial appearance on Tuesday, Sept. 4, 2012, in U.S. District Court in San Diego before U.S. Magistrate Judge Barbara Lynn Major.
U.S. Attorney Duffy, whose office secured the indictment against Arellano-Felix, said, "This extradition is a significant step in our effort to bring another key figure in the Arellano Felix Organization to answer, in an American court of law, to very serious charges. We are grateful to the Government of Mexico for its assistance in the extradition."
?Today's extradition is a milestone in our fight against the Mexican drug cartels. I want to thank the Criminal Division's Office of International Affairs for its tireless work in helping to ensure that Eduardo Arellano-Felix and numerous of his alleged co-conspirators face justice in the United States,? said Assistant Attorney General Breuer.
?The extradition of Eduardo Arellano-Felix today marks the end of a 20-year DEA investigation into this vicious drug cartel,? said William R . Sherman, Acting Special Agent in Charge of the San Diego Drug Enforcement Administration (DEA). ?This extradition illustrates that DEA and all its law enforcement partners will relentlessly pursue these drug traffickers until they are brought to justice.?
San Diego FBI Special Agent in Charge Daphne Hearn said, "The FBI is pleased with Mexico's efforts to bring to justice a leader from one of the most violent criminal enterprises in our history. The spirit of cooperation between our two countries is a powerful force in disrupting the criminal activities of these groups that instill fear and threaten the safety of our citizens in the border regions of the United States."
Long-reputed to be one of the most notorious multi-national drug trafficking organizations, the AFO controlled the flow of cocaine, marijuana and other drugs through the Mexican border cities of Tijuana and Mexicali into the United States. Its operations also extended into southern Mexico as well as Colombia.
The seventh superseding indictment charges Arellano-Felix with conducting the affairs of an illegal enterprise through a pattern of racketeering activity (RICO), conspiracy to import and distribute cocaine and marijuana, as well as money laundering. The indictment alleges that the leadership of the AFO negotiated directly with Colombian cocaine-trafficking organizations for the purchase of multi-ton shipments of cocaine, received those shipments by sea and by air, in Mexico, and then arranged for the smuggling of the cocaine into the United States and its further distribution throughout the U.S. The indictment also alleges that the proceeds of the AFO's drug trafficking, estimated by law enforcement to be in the hundreds of millions of dollars, were then smuggled back into Mexico.
Brothers and former leaders of the AFO, Benjamin Arellano-Felix and Francisco Javier Arellano Felix, are currently serving sentences in the United States following their convictions for racketeering, drug trafficking and money laundering charges.
This case is being investigated by agents from the DEA, the FBI, and the Internal Revenue Service-Criminal Investigation and prosecuted in the Southern District of California by Assistant U.S. Attorneys Joseph Green, James Melendres and Dan Zipp. The Criminal Division=s Office of International Affairs provided significant assistance in the extradition. The investigation of Arellano-Felix was coordinated by an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was created to consolidate and coordinate all law enforcement resources in this country's battle against major drug trafficking rings, drug kingpins, and money launderers.
The public is reminded that an indictment is not evidence that the defendant committed the crimes charged. The defendant is presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.
Friday, August 31, 2012
Eduardo Arellano-Felix Extradited from Mexico to the United States to Face Charges
Key Advisor to Arellano-Felix Organization’s Leadership
WASHINGTON - Eduardo Arellano-Felix, 55, one of the alleged members of the Arellano-Felix Organization (AFO), was extradited today by the government of Mexico to the United States to face racketeering, money laundering and narcotics trafficking charges in the Southern District of California.
The extradition was announced by U.S. Attorney for the Southern District of California Laura E. Duffy and Assistant Attorney General Lanny A. Breuer of the Justice Department?s Criminal Division. Arellano-Felix was arrested by Mexican authorities in Tijuana, Baja California, Mexico, on Oct. 25, 2008, following a gun battle with a Mexican Special Tactical Team. A final order of extradition to the United States was granted in 2010. After two years of unsuccessful appeals, Arellano-Felix arrived in the United States this afternoon. He is scheduled to make his initial appearance on Tuesday, Sept. 4, 2012, in U.S. District Court in San Diego before U.S. Magistrate Judge Barbara Lynn Major.
U.S. Attorney Duffy, whose office secured the indictment against Arellano-Felix, said, "This extradition is a significant step in our effort to bring another key figure in the Arellano Felix Organization to answer, in an American court of law, to very serious charges. We are grateful to the Government of Mexico for its assistance in the extradition."
?Today's extradition is a milestone in our fight against the Mexican drug cartels. I want to thank the Criminal Division's Office of International Affairs for its tireless work in helping to ensure that Eduardo Arellano-Felix and numerous of his alleged co-conspirators face justice in the United States,? said Assistant Attorney General Breuer.
?The extradition of Eduardo Arellano-Felix today marks the end of a 20-year DEA investigation into this vicious drug cartel,? said William R . Sherman, Acting Special Agent in Charge of the San Diego Drug Enforcement Administration (DEA). ?This extradition illustrates that DEA and all its law enforcement partners will relentlessly pursue these drug traffickers until they are brought to justice.?
San Diego FBI Special Agent in Charge Daphne Hearn said, "The FBI is pleased with Mexico's efforts to bring to justice a leader from one of the most violent criminal enterprises in our history. The spirit of cooperation between our two countries is a powerful force in disrupting the criminal activities of these groups that instill fear and threaten the safety of our citizens in the border regions of the United States."
Long-reputed to be one of the most notorious multi-national drug trafficking organizations, the AFO controlled the flow of cocaine, marijuana and other drugs through the Mexican border cities of Tijuana and Mexicali into the United States. Its operations also extended into southern Mexico as well as Colombia.
The seventh superseding indictment charges Arellano-Felix with conducting the affairs of an illegal enterprise through a pattern of racketeering activity (RICO), conspiracy to import and distribute cocaine and marijuana, as well as money laundering. The indictment alleges that the leadership of the AFO negotiated directly with Colombian cocaine-trafficking organizations for the purchase of multi-ton shipments of cocaine, received those shipments by sea and by air, in Mexico, and then arranged for the smuggling of the cocaine into the United States and its further distribution throughout the U.S. The indictment also alleges that the proceeds of the AFO's drug trafficking, estimated by law enforcement to be in the hundreds of millions of dollars, were then smuggled back into Mexico.
Brothers and former leaders of the AFO, Benjamin Arellano-Felix and Francisco Javier Arellano Felix, are currently serving sentences in the United States following their convictions for racketeering, drug trafficking and money laundering charges.
This case is being investigated by agents from the DEA, the FBI, and the Internal Revenue Service-Criminal Investigation and prosecuted in the Southern District of California by Assistant U.S. Attorneys Joseph Green, James Melendres and Dan Zipp. The Criminal Division=s Office of International Affairs provided significant assistance in the extradition. The investigation of Arellano-Felix was coordinated by an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was created to consolidate and coordinate all law enforcement resources in this country's battle against major drug trafficking rings, drug kingpins, and money launderers.
The public is reminded that an indictment is not evidence that the defendant committed the crimes charged. The defendant is presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.
Tuesday, September 4, 2012
FORMER POLICE OFFICER GOES TO PRISON FOR STEALING FROM MOTORISTS
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, August 28, 2012
Former Alabama Police Officer Sentenced to Prison for Stealing Money and Property from Highway Motorists
Jessie Alan Fuller, 25, of Pensacola, Fla., was sentenced today by U.S. District Judge W. Keith Watkins to 37 months in prison and two years supervised release, the Justice Department announced. Fuller pleaded guilty on April 26, 2012, to one count of conspiracy against rights, a felony, and one count of deprivation of rights under color of law, a misdemeanor. These charges stemmed from Fuller’s stealing money and property from motorists on Interstate 65 in central Alabama while he was a police officer with the Fort Deposit Police Department.
During his plea, Fuller admitted that he and another former Fort Deposit police officer agreed to pull over vehicles under the guise of legitimate law enforcement activity and to steal cash from drivers and passengers. Fuller further admitted that between May and June 2009, he and the other officer committed numerous thefts together, including thefts of $200 each from two separate victims and $120 from a third victim. In each of these incidents, Fuller and the other officer worked together, acting with each other’s knowledge and cooperation, and shared the stolen money. In each incident, the two officers used a marked patrol car, wore police clothing and carried a firearm. Fuller also admitted to stealing a GPS device from a driver whom he pulled over and arrested on March 14, 2009.
"This defendant abused his power as a law enforcement officer for his own financial gain. He violated not only the law, but also the public trust," said Thomas E. Perez, Assistant Attorney General for Civil Rights Division. "The Department of Justice is committed to holding those who abuse their authority and prey on members of the community accountable for their illegal actions."
"It is terrible to see those sworn to uphold the law, break the law and prey on the public," stated George L. Beck, U.S. Attorney for the Middle District of Alabama. "While it is always difficult to prosecute a member of our law enforcement community, my office is dedicated to protecting the community and seeking justice for all."
On June 12, 2012, an eight-count indictment was unsealed charging Carlos Tyson Bennett, of Greenville, Ala., as the other officer. Bennett was charged with one count of conspiracy against rights, four counts of deprivation of rights under color of law, and three counts of obstruction of justice. An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty. Trial is scheduled to begin in Bennett’s case on Sept. 10, 2012.
This case is being investigated by the Alabama Bureau of Investigation; the Butler County, Ala., Sheriff’s Office; and the Lowndes County, Ala., Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Gray Borden for the Middle District of Alabama and Trial Attorney Chiraag Bains from the Justice Department’s Civil Rights Division.
Tuesday, August 28, 2012
Former Alabama Police Officer Sentenced to Prison for Stealing Money and Property from Highway Motorists
Jessie Alan Fuller, 25, of Pensacola, Fla., was sentenced today by U.S. District Judge W. Keith Watkins to 37 months in prison and two years supervised release, the Justice Department announced. Fuller pleaded guilty on April 26, 2012, to one count of conspiracy against rights, a felony, and one count of deprivation of rights under color of law, a misdemeanor. These charges stemmed from Fuller’s stealing money and property from motorists on Interstate 65 in central Alabama while he was a police officer with the Fort Deposit Police Department.
During his plea, Fuller admitted that he and another former Fort Deposit police officer agreed to pull over vehicles under the guise of legitimate law enforcement activity and to steal cash from drivers and passengers. Fuller further admitted that between May and June 2009, he and the other officer committed numerous thefts together, including thefts of $200 each from two separate victims and $120 from a third victim. In each of these incidents, Fuller and the other officer worked together, acting with each other’s knowledge and cooperation, and shared the stolen money. In each incident, the two officers used a marked patrol car, wore police clothing and carried a firearm. Fuller also admitted to stealing a GPS device from a driver whom he pulled over and arrested on March 14, 2009.
"This defendant abused his power as a law enforcement officer for his own financial gain. He violated not only the law, but also the public trust," said Thomas E. Perez, Assistant Attorney General for Civil Rights Division. "The Department of Justice is committed to holding those who abuse their authority and prey on members of the community accountable for their illegal actions."
"It is terrible to see those sworn to uphold the law, break the law and prey on the public," stated George L. Beck, U.S. Attorney for the Middle District of Alabama. "While it is always difficult to prosecute a member of our law enforcement community, my office is dedicated to protecting the community and seeking justice for all."
On June 12, 2012, an eight-count indictment was unsealed charging Carlos Tyson Bennett, of Greenville, Ala., as the other officer. Bennett was charged with one count of conspiracy against rights, four counts of deprivation of rights under color of law, and three counts of obstruction of justice. An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty. Trial is scheduled to begin in Bennett’s case on Sept. 10, 2012.
This case is being investigated by the Alabama Bureau of Investigation; the Butler County, Ala., Sheriff’s Office; and the Lowndes County, Ala., Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Gray Borden for the Middle District of Alabama and Trial Attorney Chiraag Bains from the Justice Department’s Civil Rights Division.
Monday, September 3, 2012
ARYAN BROTHERHOOD OF TEXAS LEADER SENTENCED TO 87 MONTHS IN PRISON
FROM: U.S. DEPARTMENT OF JUSTICE,
Friday, August 31, 2012
Aryan Brotherhood of Texas Gang Leader Sentenced in Houston for Violent Crimes in Aid of Racketeering
WASHINGTON – A high ranking member of the Aryan Brotherhood of Texas (ABT) was sentenced today for his role in an aggravated assault that took place in Tomball, Texas, in September 2008, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Steven Walter Cooke, 48, aka "Stainless," pleaded guilty on March 16, 2012, to racketeering aggravated assault for his role in the beating of an ABT prospect member. Cooke was sentenced today to 87 months in federal prison by senior U.S. District Court Judge Ewing Werlein Jr. The sentence will run concurrent with a life sentence imposed by U.S. District Judge Marcia Crone on May 3, 2012, in the Eastern District of Texas in connection with Cooke’s role in a 2008 Liberty County, Texas, homicide.
According to court documents, the defendant was a leader of the ABT, a powerful race-based, state-wide organization that operated inside and outside of state and federal prisons throughout the United States. 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 court documents, previously, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, the ABT has expanded its criminal enterprise to include illegal activities for profit.
According to court documents, the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, 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 court documents, Cooke, along with 11 fellow ABT gang members, participated in the beating of a prospective ABT member at Cooke’s home in Tomball on Sept. 22, 2008. The ABT prospect, who sustained serious bodily injury, including an orbital blowout fracture, was beaten by ABT gang members because he violated ABT rules of conduct.
Eleven of the 12 co-defendants previously pleaded guilty to violent crimes in aid of racketeering aggravated assault. The 12th ABT gang member, David Harlow, 43, aka "Bam Bam," was found guilty at trial by Senior Judge Werlein on March 21, 2012. Harlow was sentenced on July 27, 2012, to 120 months in prison.
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; the FBI; the U.S. Marshals Service; the Texas Rangers; the Texas Department of Public Safety; the Walker County, Texas, Sheriff’s Office; the Montgomery County, Texas, Sheriff’s Department; the Houston Police Department-Gang Division; the Tomball Police Department; the Texas Department of Criminal Justice – Inspector General; and the Harris County, Texas, Sheriff’s Office.
The case is being prosecuted by David Karpel of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Jay Hileman of the Southern District of Texas.
Friday, August 31, 2012
Aryan Brotherhood of Texas Gang Leader Sentenced in Houston for Violent Crimes in Aid of Racketeering
WASHINGTON – A high ranking member of the Aryan Brotherhood of Texas (ABT) was sentenced today for his role in an aggravated assault that took place in Tomball, Texas, in September 2008, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Steven Walter Cooke, 48, aka "Stainless," pleaded guilty on March 16, 2012, to racketeering aggravated assault for his role in the beating of an ABT prospect member. Cooke was sentenced today to 87 months in federal prison by senior U.S. District Court Judge Ewing Werlein Jr. The sentence will run concurrent with a life sentence imposed by U.S. District Judge Marcia Crone on May 3, 2012, in the Eastern District of Texas in connection with Cooke’s role in a 2008 Liberty County, Texas, homicide.
According to court documents, the defendant was a leader of the ABT, a powerful race-based, state-wide organization that operated inside and outside of state and federal prisons throughout the United States. 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 court documents, previously, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, the ABT has expanded its criminal enterprise to include illegal activities for profit.
According to court documents, the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, 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 court documents, Cooke, along with 11 fellow ABT gang members, participated in the beating of a prospective ABT member at Cooke’s home in Tomball on Sept. 22, 2008. The ABT prospect, who sustained serious bodily injury, including an orbital blowout fracture, was beaten by ABT gang members because he violated ABT rules of conduct.
Eleven of the 12 co-defendants previously pleaded guilty to violent crimes in aid of racketeering aggravated assault. The 12th ABT gang member, David Harlow, 43, aka "Bam Bam," was found guilty at trial by Senior Judge Werlein on March 21, 2012. Harlow was sentenced on July 27, 2012, to 120 months in prison.
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; the FBI; the U.S. Marshals Service; the Texas Rangers; the Texas Department of Public Safety; the Walker County, Texas, Sheriff’s Office; the Montgomery County, Texas, Sheriff’s Department; the Houston Police Department-Gang Division; the Tomball Police Department; the Texas Department of Criminal Justice – Inspector General; and the Harris County, Texas, Sheriff’s Office.
The case is being prosecuted by David Karpel of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Jay Hileman of the Southern District of Texas.
CFTC CHARGES CALIFORNIA RESIDENT WITH RUNNING A COMMODITY POOL FRAUD SCHEME
FROM: U.S. COMMODITY FUTURES TRADING COMMISSION
CFTC Charges Californian Jeffrey Gustaveson with Fraud, Misappropriation, and Issuing False Statements in Commodity Pool Scheme
Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced the filing of a complaint in the U.S. District Court for the Northern District of California, charging defendant Jeffrey Gustaveson of Carlsbad, Calif., with fraud, misappropriation, and issuing false statements in an approximate $2.5 million commodity pool scheme.
According to the CFTC complaint, filed on August 29, 2012, from at least January 2010 through approximately July 2010, Gustaveson accepted at least $2,495,000 million from at least four individuals to invest in a commodity futures pool. However, rather than trade pool participants’ funds as promised, Gustaveson allegedly only used approximately $400,000 of the funds to trade commodity futures, which resulted in a net loss. Gustaveson kept the remaining funds in a checking account from which he used at least $400,000 of pool funds to pay his personal expenses, including hotels, restaurants, and online gambling, according to the complaint.
Furthermore, to conceal his fraud, Gustaveson allegedly distributed false trading account statements to pool participants that misrepresented the value of the pool, reported false profits, and failed to disclose Gustaveson’s misappropriation of pool participants’ funds. When his fraud was exposed, Gustaveson allegedly repaid a portion of pool participants’ funds, but, despite repeated requests to do so, Gustaveson allegedly has not returned $415,000 of pool participants’ money. According to the CFTC complaint, Gustaveson admitted in a California state court proceeding that he had misappropriated investor money and falsified financial statements in connection with the acts described in the CFTC complaint.
In its continuing litigation, the CFTC seeks restitution to defrauded customers, a return of ill-gotten gains, civil monetary penalties, trading and registration bans, and permanent injunctions against further violations of federal commodities laws, as charged.
CFTC Division of Enforcement staff members responsible for this case are Lindsey Evans, Mary Beth Spear, Diane Romaniuk, Ava M. Gould, Scott R. Williamson, Rosemary Hollinger, and Richard B. Wagner.
CFTC Charges Californian Jeffrey Gustaveson with Fraud, Misappropriation, and Issuing False Statements in Commodity Pool Scheme
Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced the filing of a complaint in the U.S. District Court for the Northern District of California, charging defendant Jeffrey Gustaveson of Carlsbad, Calif., with fraud, misappropriation, and issuing false statements in an approximate $2.5 million commodity pool scheme.
According to the CFTC complaint, filed on August 29, 2012, from at least January 2010 through approximately July 2010, Gustaveson accepted at least $2,495,000 million from at least four individuals to invest in a commodity futures pool. However, rather than trade pool participants’ funds as promised, Gustaveson allegedly only used approximately $400,000 of the funds to trade commodity futures, which resulted in a net loss. Gustaveson kept the remaining funds in a checking account from which he used at least $400,000 of pool funds to pay his personal expenses, including hotels, restaurants, and online gambling, according to the complaint.
Furthermore, to conceal his fraud, Gustaveson allegedly distributed false trading account statements to pool participants that misrepresented the value of the pool, reported false profits, and failed to disclose Gustaveson’s misappropriation of pool participants’ funds. When his fraud was exposed, Gustaveson allegedly repaid a portion of pool participants’ funds, but, despite repeated requests to do so, Gustaveson allegedly has not returned $415,000 of pool participants’ money. According to the CFTC complaint, Gustaveson admitted in a California state court proceeding that he had misappropriated investor money and falsified financial statements in connection with the acts described in the CFTC complaint.
In its continuing litigation, the CFTC seeks restitution to defrauded customers, a return of ill-gotten gains, civil monetary penalties, trading and registration bans, and permanent injunctions against further violations of federal commodities laws, as charged.
CFTC Division of Enforcement staff members responsible for this case are Lindsey Evans, Mary Beth Spear, Diane Romaniuk, Ava M. Gould, Scott R. Williamson, Rosemary Hollinger, and Richard B. Wagner.
Sunday, September 2, 2012
MAN PLEADS GUILTY TO FORECLOSURE RESUCE SCAM AND DISABILITY FRAUD
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, August 28, 2012
Las Vegas Man Pleads Guilty to Foreclosure Rescue Scam and Theft of Government Funds
WASHINGTON – A Las Vegas man pleaded guilty today to operating a foreclosure rescue scam that defrauded distressed homeowners who were struggling to pay their mortgages, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division.
Alex P. Soria, 65, pleaded guilty before U.S. District Judge Lloyd D. George in the District of Nevada to one count of wire fraud and one count of theft of government funds in connection with a scheme to defraud homeowners who were behind on their mortgages.
According to court documents, Soria identified homeowners whose mortgage debt exceeded the value of their homes and charged them a fee purportedly to reduce the principal balance of their mortgages using money from the Department of the Treasury’s Troubled Asset Relief Program (TARP). Soria admitted in court that he lied to homeowners about his affiliation with several mortgage lenders and that he provided victims with fraudulent letters stating they had been approved for loans. Soria also admitted he falsely told victims that his loan program had been successful in the past and charged homeowners for loan modifications he knew he could not deliver. Court documents show that Soria concealed from homeowners the fact that the state of Nevada had issued a cease and desist order which legally prohibited him from working in the mortgage industry. Soria collected more than $100,000 in fees from distressed homeowners, many of whom lost their homes to foreclosure after Soria failed to deliver the loan modifications he promised.
As part of the same case, Soria also pleaded guilty to continuing to collect Social Security Disability Insurance benefits while at the same time receiving income from his foreclosure rescue operation. The Social Security Disability Insurance program is a federal program that replaces the wages of individuals who become unable to work due to a disability. Soria admitted to collecting more than $200,000 in disability benefits from 1990 to 2010 while at the same time receiving income that he concealed from the Social Security Administration.
This case is being prosecuted by Trial Attorneys Brian R. Young and Mary Ann McCarthy of the Justice Department Criminal Division’s Fraud Section. The case was investigated by the Offices of Inspector General for the Department of Housing and Urban Development and the Social Security Administration. The U.S. Attorney’s Office for the District of Nevada assisted with the investigation and prosecution of this case.
Tuesday, August 28, 2012
Las Vegas Man Pleads Guilty to Foreclosure Rescue Scam and Theft of Government Funds
WASHINGTON – A Las Vegas man pleaded guilty today to operating a foreclosure rescue scam that defrauded distressed homeowners who were struggling to pay their mortgages, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division.
Alex P. Soria, 65, pleaded guilty before U.S. District Judge Lloyd D. George in the District of Nevada to one count of wire fraud and one count of theft of government funds in connection with a scheme to defraud homeowners who were behind on their mortgages.
According to court documents, Soria identified homeowners whose mortgage debt exceeded the value of their homes and charged them a fee purportedly to reduce the principal balance of their mortgages using money from the Department of the Treasury’s Troubled Asset Relief Program (TARP). Soria admitted in court that he lied to homeowners about his affiliation with several mortgage lenders and that he provided victims with fraudulent letters stating they had been approved for loans. Soria also admitted he falsely told victims that his loan program had been successful in the past and charged homeowners for loan modifications he knew he could not deliver. Court documents show that Soria concealed from homeowners the fact that the state of Nevada had issued a cease and desist order which legally prohibited him from working in the mortgage industry. Soria collected more than $100,000 in fees from distressed homeowners, many of whom lost their homes to foreclosure after Soria failed to deliver the loan modifications he promised.
As part of the same case, Soria also pleaded guilty to continuing to collect Social Security Disability Insurance benefits while at the same time receiving income from his foreclosure rescue operation. The Social Security Disability Insurance program is a federal program that replaces the wages of individuals who become unable to work due to a disability. Soria admitted to collecting more than $200,000 in disability benefits from 1990 to 2010 while at the same time receiving income that he concealed from the Social Security Administration.
This case is being prosecuted by Trial Attorneys Brian R. Young and Mary Ann McCarthy of the Justice Department Criminal Division’s Fraud Section. The case was investigated by the Offices of Inspector General for the Department of Housing and Urban Development and the Social Security Administration. The U.S. Attorney’s Office for the District of Nevada assisted with the investigation and prosecution of this case.
Subscribe to:
Posts (Atom)