United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Miami residents Gladys Fuertes (40) and her husband Mario Fuertes (38) with conspiracy, health care fraud, aggravated identity theft, and obstructing a healthcare investigation. The Fuerteses were arrested on in Miami. If convicted, each faces a maximum penalty of 10 years in federal prison on each of the conspiracy and health care fraud counts and five years on each of the obstruction counts, as well as mandatory sentences of two years in prison for each of the aggravated identity theft counts. The indictment also notifies the couple that the United States is seeking a money judgment in the amount of $266,423.20, which is traceable to the proceeds of the alleged criminal conduct.
According to the indictment, Gladys and Mario Fuertes established and operated a sham clinic in Coral Gables, Florida, for the purpose of committing health care fraud. The clinic was called Gables Medical and Therapy Center. The Fuerteses allegedly employed unlicensed medical professionals and misused the Medicare billing numbers of other medical professionals, without their knowledge, in order to claim that they rendered medical treatment to Gables patients. Gladys and Mario Fuertes also paid a co-conspirator to recruit Medicare beneficiaries for Gables and to drive patients to the clinic for basic and sham medical services.
Once recruited, Gladys and Mario Fuertes urged the Gables patients to enroll in Universal’s Medicare Part C and Part D plans. They believed Universal paid a relatively high percentage of its claims. Gladys and Mario Fuertes fraudulently billed Universal and caused Universal’s Medicare Part C plan to be billed for Gables patients’ supposed treatments. The treatments included expensive HIV-related treatments that patients never actually received. Gladys and Mario Fuertes also billed Universal and caused Universal to be billed for services that required a physician’s presence when no licensed physician was present or rendered the service.
The defendants and their co-conspirators paid the Medicare beneficiaries, who were recruited to come to Gables for their Medicare identification numbers, to allow Gables to bill Universal for services that were never rendered. In addition, Gladys and Mario Fuertes facilitated the provision of fraudulent prescriptions for controlled substances, including oxycodone, to Gables patients. In some cases, the signatures on the prescriptions were forged. The patients who received these oxycodone prescriptions were assisted in filling them by a co-conspirator. The co-conspirator also purchased the pills from some of the patients and sold them on the street.
Once they learned of the federal health care fraud investigation into their actions, Gladys and Mario Fuertes instructed Gables patients to lie to law enforcement agents and otherwise obstruct a federal investigation into health care fraud at Gables. The Fuerteses also provided altered Medicare billing documentation to federal agents investigating their activities.
Monday, March 31, 2014
Richard Zanco Pleads Guilty to Illegally Laundering More Than $343,000
Richard Zanco, age 44, of Slidell, Louisiana, plead guilty as charged before United States District Judge Susie Morgan to money laundering, announced United States Attorney Kenneth Allen Polite, Jr.
According to court documents, in about May 2012, Zanco learned that someone had opened a brokerage account in his name and used that account to acquire collateralized mortgage obligations (CMOs), a type of bond that bore value from interest generated upon its sale by fraudulent means. Even though he knew that the CMOs did not belong to him, Zanco gained control of the accounts and arranged for the interest proceeds of the CMOs to be diverted to other financial accounts under his control. Between about March 11, 2013 and September 19, 2013, Zanco used the funds, totaling approximately $343,998.82, to engage in a variety of financial transactions for his personal use, including purchasing multiple automobiles and at least one boat.
Zanco faces a maximum penalty of 10 years, followed by up to three years of supervised release, and a $250,000 fine. Sentencing has been scheduled before Judge Morgan for July 2, 2014.
This case is being investigated by agents from the Federal Bureau of Investigation and the Internal Revenue Service. The prosecution of this case is being handled by Assistant United States Attorneys Jordan Ginsberg and Dan Friel.
According to court documents, in about May 2012, Zanco learned that someone had opened a brokerage account in his name and used that account to acquire collateralized mortgage obligations (CMOs), a type of bond that bore value from interest generated upon its sale by fraudulent means. Even though he knew that the CMOs did not belong to him, Zanco gained control of the accounts and arranged for the interest proceeds of the CMOs to be diverted to other financial accounts under his control. Between about March 11, 2013 and September 19, 2013, Zanco used the funds, totaling approximately $343,998.82, to engage in a variety of financial transactions for his personal use, including purchasing multiple automobiles and at least one boat.
Zanco faces a maximum penalty of 10 years, followed by up to three years of supervised release, and a $250,000 fine. Sentencing has been scheduled before Judge Morgan for July 2, 2014.
This case is being investigated by agents from the Federal Bureau of Investigation and the Internal Revenue Service. The prosecution of this case is being handled by Assistant United States Attorneys Jordan Ginsberg and Dan Friel.
John Silvia, Disbarred Attorney, Indicted on Fraud Charges
A disbarred Somerset attorney was indicted on fraud charges arising out of his promotion of various fraudulent investments.
John Silvia, 55, purportedly the “managing member” of Richardson Consulting LLC, was charged with securities, mail, and wire fraud. He was arrested on February 7, 2014.
Silvia, who was licensed to practice law in Massachusetts in 1975, has been disbarred since 2003. He was charged based on his promotion of various fraudulent investments, including investments in real estate and Advance Space Monitor LLC (ASM), a technology company with which he was affiliated. According to the indictment, Silvia obtained money from various individuals based on false representations regarding certain real estate transactions and his purported ability to transfer interests in ASM. Specifically, Silvia issued promissory notes based on the false representation that he was investing the money in real estate transactions that would yield profits within a short amount of time, thereby allowing him to re-pay the notes. In fact, Silvia was not engaged in such transactions. Silvia also falsely represented that he was entitled to receive shares in ASM in exchange for investment money. In fact, Silvia was not entitled to receive shares of ASM, as he had represented, and was not permitted to assign any interests in ASM.
If convicted, Silvia faces the statutory maximum penalties for the securities fraud charges are 20 years in prison, five years of supervised release, and a $5 million fine. The statutory maximum penalties for the mail and wire fraud charges are 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gain to the defendant or loss to the victim.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. The Massachusetts Securities Division, which filed an administrative complaint charging Silvia with violation of Massachusetts securities laws, referred this case to the U.S. Attorney’s Office and cooperated with the criminal investigation. The case is being prosecuted by Assistant U.S. Attorney Sarah E. Walters of Ortiz’s Economic Crimes Unit.
John Silvia, 55, purportedly the “managing member” of Richardson Consulting LLC, was charged with securities, mail, and wire fraud. He was arrested on February 7, 2014.
Silvia, who was licensed to practice law in Massachusetts in 1975, has been disbarred since 2003. He was charged based on his promotion of various fraudulent investments, including investments in real estate and Advance Space Monitor LLC (ASM), a technology company with which he was affiliated. According to the indictment, Silvia obtained money from various individuals based on false representations regarding certain real estate transactions and his purported ability to transfer interests in ASM. Specifically, Silvia issued promissory notes based on the false representation that he was investing the money in real estate transactions that would yield profits within a short amount of time, thereby allowing him to re-pay the notes. In fact, Silvia was not engaged in such transactions. Silvia also falsely represented that he was entitled to receive shares in ASM in exchange for investment money. In fact, Silvia was not entitled to receive shares of ASM, as he had represented, and was not permitted to assign any interests in ASM.
If convicted, Silvia faces the statutory maximum penalties for the securities fraud charges are 20 years in prison, five years of supervised release, and a $5 million fine. The statutory maximum penalties for the mail and wire fraud charges are 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gain to the defendant or loss to the victim.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. The Massachusetts Securities Division, which filed an administrative complaint charging Silvia with violation of Massachusetts securities laws, referred this case to the U.S. Attorney’s Office and cooperated with the criminal investigation. The case is being prosecuted by Assistant U.S. Attorney Sarah E. Walters of Ortiz’s Economic Crimes Unit.
Investigative Journalist Mel Ayton Pens #JusticeDenied about Intrigue, Assassinations and Black Power in Bermuda
Justice Denied - Bermuda’s Black Militants, the “Third Man,” and the Assassinations of a Police Chief and Governor is the first full account of the 1972/1973 assassinations of Bermuda’s governor, Richard Sharples, and police chief, George Duckett. The book includes a Foreword by Dr. Carol Shuman, a former journalist with the Bermuda Sun and Mid Ocean News.
During the 1970s, a black power organization in Bermuda, which modeled itself on the American Black Panthers, conspired to bring about social change “by any means necessary,” including assassination. The struggle for equal rights in Bermuda during this period both imitated events in the United States and was heavily influenced by them. This is especially true for the role American black militants played in encouraging Bermuda’s youth to challenge the white power structure on the island. Bermuda became the first nation to suffer the violent effects of the importation of 1960s-style American Black Power militancy. As a result, Governor Sharples, Police Chief George Duckett and others were murdered.
Justice Denied points the finger of guilt at a faction of the black militant group led by the ‘Third Man’, who controlled the convicted assassins. The author names the Bermuda businessman, a convicted drug dealer who assisted the assassins in financing their political aims through drug deals and bank robberies. Ayton also concludes that the real story about the assassinations was ‘whitewashed’ by consecutive Bermudian governments in the interests of racial harmony.
This investigative book is based on interviews with police officers involved in the investigation into the assassinations and murders, as well as interviews with prison officers familiar with two members of the assassination team. Additional material for the book was gleaned from the previously secret Scotland Yard murder files, British Foreign Office files, court records, newspaper archives and interviews with the Bermudian governor’s widow.
Paul Donnelley, author of 501 Most Notorious Crimes, says of Justice Denied, "Murders in paradise... Mel Ayton has proved in previous books that he has a consummate skill for unraveling the facts behind conspiracies or debunking them where they don't exist (JFK, RFK, MLK to name but three). His latest book is no exception. It reads like a thriller, but every word is true and his telling of racism, riots, murders, and cover-ups on Bermuda makes this an unputdownable page-turner."
During the 1970s, a black power organization in Bermuda, which modeled itself on the American Black Panthers, conspired to bring about social change “by any means necessary,” including assassination. The struggle for equal rights in Bermuda during this period both imitated events in the United States and was heavily influenced by them. This is especially true for the role American black militants played in encouraging Bermuda’s youth to challenge the white power structure on the island. Bermuda became the first nation to suffer the violent effects of the importation of 1960s-style American Black Power militancy. As a result, Governor Sharples, Police Chief George Duckett and others were murdered.
Justice Denied points the finger of guilt at a faction of the black militant group led by the ‘Third Man’, who controlled the convicted assassins. The author names the Bermuda businessman, a convicted drug dealer who assisted the assassins in financing their political aims through drug deals and bank robberies. Ayton also concludes that the real story about the assassinations was ‘whitewashed’ by consecutive Bermudian governments in the interests of racial harmony.
This investigative book is based on interviews with police officers involved in the investigation into the assassinations and murders, as well as interviews with prison officers familiar with two members of the assassination team. Additional material for the book was gleaned from the previously secret Scotland Yard murder files, British Foreign Office files, court records, newspaper archives and interviews with the Bermudian governor’s widow.
Paul Donnelley, author of 501 Most Notorious Crimes, says of Justice Denied, "Murders in paradise... Mel Ayton has proved in previous books that he has a consummate skill for unraveling the facts behind conspiracies or debunking them where they don't exist (JFK, RFK, MLK to name but three). His latest book is no exception. It reads like a thriller, but every word is true and his telling of racism, riots, murders, and cover-ups on Bermuda makes this an unputdownable page-turner."
Friday, March 28, 2014
Attorney General Eric Holder Issues Statement on Same-Sex Marriages in Michigan
Attorney General Eric Holder issued the following statement today on the status of same-sex marriages performed in the state of Michigan:
“I have determined that the same-sex marriages performed last Saturday in Michigan will be recognized by the federal government. These families will be eligible for all relevant federal benefits on the same terms as other same-sex marriages. The Governor of Michigan has made clear that the marriages that took place on Saturday were lawful and valid when entered into, although Michigan will not extend state rights and benefits tied to these marriages pending further legal proceedings. For purposes of federal law, as I announced in January with respect to similarly situated same-sex couples in Utah, these Michigan couples will not be asked to wait for further resolution in the courts before they may seek federal benefits to which they are entitled.
“Last June’s decision by the Supreme Court in United States v. Windsor was a victory for equal protection under the law and a historic step toward equality for all American families. The Department of Justice continues to work with its federal partners to implement this decision across the government. And we will remain steadfast in our commitment to realizing our country’s founding ideals of equality, opportunity, and justice for all.”
Thursday, March 27, 2014
6 Individuals Associated with the Newspaper and Mail Deliverers’ Union Arrested
A criminal complaint was unsealed in federal court in the Eastern District of New York charging Benjamin Castellazzo, Jr.; Rocco Giangregorio; Glenn LaChance, Rocco Miraglia, also known as “Irving,” and Anthony Turzio, also known as “the Irish Guy,” with conspiring to defraud the Newspaper and Mail Deliverers’ Union (NMDU) and Hudson News in order to obtain a union card and employment at Hudson News for Castellazzo, Jr.
In addition, a three-count indictment was unsealed in United States District Court for the Eastern District of New York charging Thomas Leonessa, also known as “Tommy Stacks,” with wire fraud, wire fraud conspiracy, and theft and embezzlement from employee benefit plans in an unrelated scheme. The indictment was returned under seal by a federal grand jury sitting in Brooklyn, New York, on March 6, 2014, and relates to Leonessa’s alleged “no show” job as a delivery driver for the New York Post.
Castellazzo, Jr., Giangregorio, LaChance, Miraglia, Turzio, and Leonessa were arrested earlier today, and their initial appearances are scheduled for this afternoon before United States Magistrate Judge Robert M. Levy at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.
The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George C. Venizelos, Assistant Director in Charge, Federal Bureau of Investigation (FBI), New York Field Office.
As alleged in the complaint, the NMDU is an independent union that represents approximately 1,500 employees involved in the newspaper industry in New York, New Jersey, and Connecticut. NMDU members deliver newspapers for the New York Times, The Wall Street Journal, the New York Daily News, the New York Post, and El Diario. Hudson News, which also employs members of the NMDU, is a retail chain of newsstands mainly located in major transportation hubs, including airports and train stations.
Between June 2009 and October 2009, Miraglia, who was a foreman at the New York Daily News—as well as an alleged associate of the Colombo organized crime family of La Cosa Nostra and the son of a deceased soldier in the Colombo family—conspired with officials of the NMDU and with Turzio, who was an employee of El Diario, to get an NMDU union card for Castellazzo, Jr. and place him in a job at Hudson News. Castellazzo, Jr. is the son of Benjamin Castellazzo, the alleged underboss of the Colombo family. Giangregorio and LaChance, who were business agents for the NMDU, also are charged with participating in this scheme.
As alleged in the indictment, Leonessa was employed by the New York Post to deliver newspapers by truck from a New York Post warehouse in the Bronx, New York, to New Jersey. He was also a member of the NMDU, which maintained offices, including offices for its welfare and pension funds, in Queens, New York. From about December 2010 to about September 2011, Leonessa had a “no show” job at the New York Post, that is, a job for which he was paid wages and benefits but which he did not perform. When Leonessa did not complete his required deliveries, he was nevertheless, based on his fraudulent representations, paid wages by the New York Post and accorded benefits from employee pension and welfare funds managed by the NMDU.
“Today’s arrests indicate that the NMDU and the newspaper delivery industry are, sadly, still subject to the influence of organized crime,” stated United States Attorney Lynch. “We cannot tolerate corruption in that industry, which is relied on by newspaper readers throughout New York City and beyond. We will prosecute anyone who seeks to obtain employment—or to maintain “no show” employment—in that industry by trading on the power of organized crime. Such acts not only lead to ill-gotten gains, but they also displace innocent, hard-working union members and would-be union members from jobs they have rightfully earned. We thank our partners at the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, for their tremendous efforts to identify and root out these corrupt practices.” Ms. Lynch also extended her grateful appreciation to the New York City Police Department, the New York County District Attorney’s Office, and Waterfront Commission of New York Harbor for their assistance.
“As alleged, a paycheck in exchange for a hard day’s work was a foreign concept to these defendants. Instead, they engaged in a scheme to defraud the NMDU and Hudson News for easy money and personal gain. The FBI, along with its law enforcement partners, will continue to pursue allegations of corruption and fraud all levels,” stated FBI Assistant Director in Charge Venizelos.
The defendants are scheduled to be arraigned this afternoon before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn. The charges in the complaint and indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Assistant United States Attorneys Elizabeth A. Geddes and Allon Lifshitz and by Trial Attorney Joseph Wheatley of the Department of Justice’s Organized Crime and Gangs Section.
Defendants:
Benjamin Castellazzo, Jr.
Age: 48
Manahawkin, New Jersey
Rocco Giangregorio
Age: 39
Dumont, New Jersey
Glenn LaChance
Age: 50
Oceanside, New York
Rocco Miraglia
Age: 43
Staten Island, New York
Anthony Turzio
Age: 78
New York, New York
Thomas Leonessa
Age: 52
High Bridge, New Jersey
In addition, a three-count indictment was unsealed in United States District Court for the Eastern District of New York charging Thomas Leonessa, also known as “Tommy Stacks,” with wire fraud, wire fraud conspiracy, and theft and embezzlement from employee benefit plans in an unrelated scheme. The indictment was returned under seal by a federal grand jury sitting in Brooklyn, New York, on March 6, 2014, and relates to Leonessa’s alleged “no show” job as a delivery driver for the New York Post.
Castellazzo, Jr., Giangregorio, LaChance, Miraglia, Turzio, and Leonessa were arrested earlier today, and their initial appearances are scheduled for this afternoon before United States Magistrate Judge Robert M. Levy at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.
The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George C. Venizelos, Assistant Director in Charge, Federal Bureau of Investigation (FBI), New York Field Office.
As alleged in the complaint, the NMDU is an independent union that represents approximately 1,500 employees involved in the newspaper industry in New York, New Jersey, and Connecticut. NMDU members deliver newspapers for the New York Times, The Wall Street Journal, the New York Daily News, the New York Post, and El Diario. Hudson News, which also employs members of the NMDU, is a retail chain of newsstands mainly located in major transportation hubs, including airports and train stations.
Between June 2009 and October 2009, Miraglia, who was a foreman at the New York Daily News—as well as an alleged associate of the Colombo organized crime family of La Cosa Nostra and the son of a deceased soldier in the Colombo family—conspired with officials of the NMDU and with Turzio, who was an employee of El Diario, to get an NMDU union card for Castellazzo, Jr. and place him in a job at Hudson News. Castellazzo, Jr. is the son of Benjamin Castellazzo, the alleged underboss of the Colombo family. Giangregorio and LaChance, who were business agents for the NMDU, also are charged with participating in this scheme.
As alleged in the indictment, Leonessa was employed by the New York Post to deliver newspapers by truck from a New York Post warehouse in the Bronx, New York, to New Jersey. He was also a member of the NMDU, which maintained offices, including offices for its welfare and pension funds, in Queens, New York. From about December 2010 to about September 2011, Leonessa had a “no show” job at the New York Post, that is, a job for which he was paid wages and benefits but which he did not perform. When Leonessa did not complete his required deliveries, he was nevertheless, based on his fraudulent representations, paid wages by the New York Post and accorded benefits from employee pension and welfare funds managed by the NMDU.
“Today’s arrests indicate that the NMDU and the newspaper delivery industry are, sadly, still subject to the influence of organized crime,” stated United States Attorney Lynch. “We cannot tolerate corruption in that industry, which is relied on by newspaper readers throughout New York City and beyond. We will prosecute anyone who seeks to obtain employment—or to maintain “no show” employment—in that industry by trading on the power of organized crime. Such acts not only lead to ill-gotten gains, but they also displace innocent, hard-working union members and would-be union members from jobs they have rightfully earned. We thank our partners at the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, for their tremendous efforts to identify and root out these corrupt practices.” Ms. Lynch also extended her grateful appreciation to the New York City Police Department, the New York County District Attorney’s Office, and Waterfront Commission of New York Harbor for their assistance.
“As alleged, a paycheck in exchange for a hard day’s work was a foreign concept to these defendants. Instead, they engaged in a scheme to defraud the NMDU and Hudson News for easy money and personal gain. The FBI, along with its law enforcement partners, will continue to pursue allegations of corruption and fraud all levels,” stated FBI Assistant Director in Charge Venizelos.
The defendants are scheduled to be arraigned this afternoon before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn. The charges in the complaint and indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Assistant United States Attorneys Elizabeth A. Geddes and Allon Lifshitz and by Trial Attorney Joseph Wheatley of the Department of Justice’s Organized Crime and Gangs Section.
Defendants:
Benjamin Castellazzo, Jr.
Age: 48
Manahawkin, New Jersey
Rocco Giangregorio
Age: 39
Dumont, New Jersey
Glenn LaChance
Age: 50
Oceanside, New York
Rocco Miraglia
Age: 43
Staten Island, New York
Anthony Turzio
Age: 78
New York, New York
Thomas Leonessa
Age: 52
High Bridge, New Jersey
5 Charged with Conspiring to Fraudulently Obtain Union Job for Organized Crime Underboss
Five men have been charged in the Eastern District of New York with conspiring to defraud the Newspaper and Mail Deliverers’ Union (NMDU) and Hudson News newsstands to obtain a union card and employment at Hudson News newsstands for the son of the alleged underboss of the Colombo family of La Cosa Nostra.
A criminal complaint was unsealed charging Benjamin Castellazzo Jr., Rocco Giangregorio, Glenn LaChance, Rocco Miraglia, aka “Irving,” and Anthony Turzio, aka “the Irish Guy,” with mail fraud conspiracy. The five men were arrested and their initial appearances are scheduled before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn.
In addition, a three-count indictment was unsealed charging Thomas Leonessa, aka “Tommy Stacks,” with wire fraud, wire fraud conspiracy and theft and embezzlement from employee benefit plans in an unrelated scheme. The indictment was returned by a federal grand jury sitting in Brooklyn, N.Y., on March 6, 2014, and relates to Leonessa’s alleged “no show” job as a delivery driver for the New York Post.
The charges were announced by Acting Assistant Attorney General David A. O’Neil of the Justice Department’s Criminal Division, United States Attorney Loretta E. Lynch of the Eastern District of New York Acting Special Agent in Charge Cheryl Garcia of the New York region of the U.S. Department of Labor’s Office of Labor Racketeering and Fraud Investigations and Assistant Director in Charge George C. Venizelos of the FBI’s New York Field Office.
As alleged in the complaint, the NMDU is an independent union that represents approximately 1,500 employees involved in the newspaper industry in New York, New Jersey and Connecticut. NMDU members deliver newspapers for The New York Times, The Wall Street Journal, the New York Daily News, the New York Post and El Diario. Hudson News, which also employs members of the NMDU, is a retail chain of newsstands mainly located in major transportation hubs, including airports and train stations.
Between June 2009 and October 2009, Miraglia, who was a foreman at the New York Daily News – as well as an associate of the Colombo organized crime family and the son of a deceased soldier in the Colombo family – conspired with officials of the NMDU and with Turzio, an employee of El Diario, to get an NMDU union card for Castellazzo Jr. and place him in a job at Hudson News. Castellazzo Jr. is the son of Benjamin Castellazzo, the alleged underboss of the Colombo family. Giangregorio and LaChance, who are business agents for the NMDU, also participated on this scheme.
As alleged in the indictment, Leonessa was employed by the New York Post to deliver newspapers by truck from a New York Post warehouse in the Bronx, N.Y., to New Jersey. He was also a member of the NMDU, which maintained offices, including offices for its welfare and pension funds, in Queens, N.Y. From about December 2010 to about September 2011, Leonessa had a “no show job” – a job for which he was paid wages and benefits for services he did not perform – at the New York Post. When Leonessa did not complete his required deliveries, he was nevertheless, based on his fraudulent representations, paid wages by the New York Post and accorded benefits from employee pension and welfare funds managed by the NMDU.
Leonessa is scheduled to be arraigned before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn, N.Y.
A criminal complaint was unsealed charging Benjamin Castellazzo Jr., Rocco Giangregorio, Glenn LaChance, Rocco Miraglia, aka “Irving,” and Anthony Turzio, aka “the Irish Guy,” with mail fraud conspiracy. The five men were arrested and their initial appearances are scheduled before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn.
In addition, a three-count indictment was unsealed charging Thomas Leonessa, aka “Tommy Stacks,” with wire fraud, wire fraud conspiracy and theft and embezzlement from employee benefit plans in an unrelated scheme. The indictment was returned by a federal grand jury sitting in Brooklyn, N.Y., on March 6, 2014, and relates to Leonessa’s alleged “no show” job as a delivery driver for the New York Post.
The charges were announced by Acting Assistant Attorney General David A. O’Neil of the Justice Department’s Criminal Division, United States Attorney Loretta E. Lynch of the Eastern District of New York Acting Special Agent in Charge Cheryl Garcia of the New York region of the U.S. Department of Labor’s Office of Labor Racketeering and Fraud Investigations and Assistant Director in Charge George C. Venizelos of the FBI’s New York Field Office.
As alleged in the complaint, the NMDU is an independent union that represents approximately 1,500 employees involved in the newspaper industry in New York, New Jersey and Connecticut. NMDU members deliver newspapers for The New York Times, The Wall Street Journal, the New York Daily News, the New York Post and El Diario. Hudson News, which also employs members of the NMDU, is a retail chain of newsstands mainly located in major transportation hubs, including airports and train stations.
Between June 2009 and October 2009, Miraglia, who was a foreman at the New York Daily News – as well as an associate of the Colombo organized crime family and the son of a deceased soldier in the Colombo family – conspired with officials of the NMDU and with Turzio, an employee of El Diario, to get an NMDU union card for Castellazzo Jr. and place him in a job at Hudson News. Castellazzo Jr. is the son of Benjamin Castellazzo, the alleged underboss of the Colombo family. Giangregorio and LaChance, who are business agents for the NMDU, also participated on this scheme.
As alleged in the indictment, Leonessa was employed by the New York Post to deliver newspapers by truck from a New York Post warehouse in the Bronx, N.Y., to New Jersey. He was also a member of the NMDU, which maintained offices, including offices for its welfare and pension funds, in Queens, N.Y. From about December 2010 to about September 2011, Leonessa had a “no show job” – a job for which he was paid wages and benefits for services he did not perform – at the New York Post. When Leonessa did not complete his required deliveries, he was nevertheless, based on his fraudulent representations, paid wages by the New York Post and accorded benefits from employee pension and welfare funds managed by the NMDU.
Leonessa is scheduled to be arraigned before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn, N.Y.
Dr. Naeem Mahmood Kohli, of the Kohli Neurology and Sleep Center, Indicted on Charges of Health Care Fraud and Illegal Dispensation of Controlled Substances
A federal grand jury sitting in East St. Louis, Illinois returned a 15-count indictment against an Effingham County doctor, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. The indictment was opened upon the arrest and arraignment of the doctor in Benton, Illinois.
Naeem Mahmood Kohli, 59, of Effingham, Illinois, operated the Kohli Neurology and Sleep Center, located on North Maple in Effingham, Illinois. The indictment alleges that, for some patients, Kohli did not operate a legitimate medical practice but instead was engaged in a scheme to illegally distribute controlled substances by running what was in essence a prescription service for drug addicts, commonly known as a pill mill. The indictment also alleges that Kohli defrauded Health Care Benefit Programs, namely, Medicare, Medicaid, and Blue Cross Blue Shield of Illinois, by billing for services not provided.
In the indictment, Kohli is charged with the following offenses: (1) health care fraud in counts one through three, which carry penalties of a maximum of 10 years in prison, a maximum fine of $250,000, a maximum of three years’ supervised release; (2) illegal distribution of a Schedule II controlled substances (oxycodone, hydromorphone, and methadone) in counts four through 13, which carry penalties of a maximum of 20 years in prison, a maximum fine of $1,000,000, no less than three years’ supervised release; and (3) money laundering in counts 14 and 15, which carry penalties of a maximum of 10 years in prison, a maximum fine of $250,000, and one year of supervised release. A $100 special assessment must be imposed on each count.
Naeem Mahmood Kohli, 59, of Effingham, Illinois, operated the Kohli Neurology and Sleep Center, located on North Maple in Effingham, Illinois. The indictment alleges that, for some patients, Kohli did not operate a legitimate medical practice but instead was engaged in a scheme to illegally distribute controlled substances by running what was in essence a prescription service for drug addicts, commonly known as a pill mill. The indictment also alleges that Kohli defrauded Health Care Benefit Programs, namely, Medicare, Medicaid, and Blue Cross Blue Shield of Illinois, by billing for services not provided.
In the indictment, Kohli is charged with the following offenses: (1) health care fraud in counts one through three, which carry penalties of a maximum of 10 years in prison, a maximum fine of $250,000, a maximum of three years’ supervised release; (2) illegal distribution of a Schedule II controlled substances (oxycodone, hydromorphone, and methadone) in counts four through 13, which carry penalties of a maximum of 20 years in prison, a maximum fine of $1,000,000, no less than three years’ supervised release; and (3) money laundering in counts 14 and 15, which carry penalties of a maximum of 10 years in prison, a maximum fine of $250,000, and one year of supervised release. A $100 special assessment must be imposed on each count.
Severe weather impacted January 2014 U.S.-Canada freight flows
Severe weather in January impacted freight transportation, contributing to a decline in U.S.-Canada trade for the month. Freight moving across the northern border in January 2014 was down 3.4 percent from January 2013, the first decline from the same month of the previous year since June 2013 and the largest year-to-year decline since November 2009, according to the U.S. Department of Transportation’s Bureau of Transportation Statistics. Trade using truck, the largest mode, declined 4.9 percent while rail dropped 9.9 percent. Air trade also declined while pipeline and vessel increased.
With less weather impact along the southern border, U.S.-M̩xico trade rose 3.9 percent from January 2013, the seventh consecutive increase from the same month of the previous year. Trade using the three surface transportation modes Рtruck, rail and pipeline Рrose a combined 5.4 percent from the previous year while trade using air and vessels declined.
Total U.S.-NAFTA trade declined 0.2 percent from January 2013 in the face of the weather impact on the northern border. It was the first year-to-year decline since June 2013. Trade using rail and air declined. With the rise in trade by truck with Mexico offsetting the trucking decline with Canada, total U.S.-NAFTA truck trade was virtually unchanged. Pipeline and vessel trade rose.
Trade by Mode
Truck, which carries nearly three-fifths of U.S.-NAFTA trade and is the most heavily utilized mode for moving goods to and from both U.S.-NAFTA partners, was essentially unchanged year-to-year while rail declined 4.2 percent. Vessel rose 0.6 percent and air declined 1.2 percent.
Trade with Canada
Year-to-year, the value of U.S.-Canada trade by vessel increased the most of any mode, growing 3.7 percent. Vessel freight exports to Canada increased 64.8 percent due to an increase in exports of mineral fuels. U.S.-Canada trade by pipeline increased by 1.9 percent. U.S.-Canada pipeline trade comprised 95.1 percent of total U.S.-NAFTA pipeline trade in January.
Trade with Mexico
Year-to-year, the value of trade by pipeline increased the most of any mode, growing 30.6 percent, but pipeline trade remained less than 1 percent of total U.S.-Mexico trade. Trade using rail rose 5.9 percent while truck freight increased 5.0 percent. Freight moved by vessel and air decreased by 5.4 percent and 0.4 percent respectively.
With less weather impact along the southern border, U.S.-M̩xico trade rose 3.9 percent from January 2013, the seventh consecutive increase from the same month of the previous year. Trade using the three surface transportation modes Рtruck, rail and pipeline Рrose a combined 5.4 percent from the previous year while trade using air and vessels declined.
Total U.S.-NAFTA trade declined 0.2 percent from January 2013 in the face of the weather impact on the northern border. It was the first year-to-year decline since June 2013. Trade using rail and air declined. With the rise in trade by truck with Mexico offsetting the trucking decline with Canada, total U.S.-NAFTA truck trade was virtually unchanged. Pipeline and vessel trade rose.
Trade by Mode
Truck, which carries nearly three-fifths of U.S.-NAFTA trade and is the most heavily utilized mode for moving goods to and from both U.S.-NAFTA partners, was essentially unchanged year-to-year while rail declined 4.2 percent. Vessel rose 0.6 percent and air declined 1.2 percent.
Trade with Canada
Year-to-year, the value of U.S.-Canada trade by vessel increased the most of any mode, growing 3.7 percent. Vessel freight exports to Canada increased 64.8 percent due to an increase in exports of mineral fuels. U.S.-Canada trade by pipeline increased by 1.9 percent. U.S.-Canada pipeline trade comprised 95.1 percent of total U.S.-NAFTA pipeline trade in January.
Trade with Mexico
Year-to-year, the value of trade by pipeline increased the most of any mode, growing 30.6 percent, but pipeline trade remained less than 1 percent of total U.S.-Mexico trade. Trade using rail rose 5.9 percent while truck freight increased 5.0 percent. Freight moved by vessel and air decreased by 5.4 percent and 0.4 percent respectively.
Wednesday, March 26, 2014
17 Defendants Indicted in Chicago in International ATM Skimming and Money Laundering Scheme
Seventeen defendants are facing federal fraud or related charges for their alleged roles in an international ATM skimming and money laundering scheme involving hundreds of thousands of dollars. Two defendants were arrested in Sofia, Bulgaria, and 13 defendants were arrested in Chicago and several suburbs by FBI agents following a lengthy international investigation.
The alleged scheme involved using ATM and debit card numbers and the personal identification numbers associated with them, which were fraudulently obtained in Europe, to withdraw money from victims’ accounts using automated teller machines at various locations in the Chicago area. The charges were brought in a 29-count indictment, which was returned by a federal grand jury on March 12 and was unsealed following the arrests.
“These charges are the result of the hard work of dedicated law enforcement personnel both here and abroad to address a transnational crime problem that can affect virtually anyone with a bank account and carries significant financial consequences. Cooperation with international law enforcement agencies was crucial to the investigation, and we are grateful for the assistance that led to these arrests,” said Robert J. Holley, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation.
The arrests and charges were announced by Mr. Holley and Zachary T. Fardon, United States Attorney for the Northern District of Illinois. They praised the cooperation of the State Agency National Security and the Supreme Prosecutor’s Office of Cassation in Bulgaria. The investigation is continuing, they said.
Two defendants, Radoslav Pavlov, 36, of Sofia, Bulgaria, also known as “Radi,” charged with wire fraud, and Mihail Petrov, 41, of Sofia, charged with wire fraud, money laundering conspiracy and money laundering, were arrested in Sofia. The United States intends to seek their extradition to face the charges in U.S. District Court in Chicago. The indictment alleges that Pavlov, Petrov, and Domeniko Evitmov, 46, of Chicago, who was arrested here, were located outside the United States and fraudulently obtained ATM and debit card numbers and PINs from locations in Europe and elsewhere without the actual account holders’ knowledge.
Pavlov, Petrov, Evitmov, Alexander Savov, 47, of Carol Stream, Illinois, and others they directed then transferred the fraudulently obtained information, often by Skype or e-mail, to Gheorgui Martov, also known as “Mitsubishi” and “Mitsu,” 39, of Schiller Park, Illinois, who allegedly directed the scheme in the Chicago area. Martov gave the information to numerous co-defendants to make the fraudulent withdrawals from area ATMs, the charges allege, and the defendants divided the money they obtained.
Martov and his wife, Temenuga Koleva, aka “Nushka,” 37, also of Schiller Park, were each charged with obstruction of justice for allegedly destroying computer files and Internet browsing history during the course of the FBI’s investigation. Koleva was also charged with being an accessory after the fact to wire fraud.
Martov, Petrov, and Emil Gospodinov, 44, of Chicago—who owned and operated BG Center Rodina, located 4828 N. Cumberland Ave. in Norridge, Illinois, a business that transmitted funds via MoneyGram, among other things—were charged with money laundering conspiracy for allegedly transmitting the fraudulently obtained funds from the United States to Bulgaria and elsewhere. After receiving funds from Martov, Gospodinov transmitted the funds to Martov’s alleged co-schemers outside the United States using nominee senders and receivers on the transactions to disguise the true identities of those sending and receiving the funds.
The indictment seeks forfeiture of approximately $200,000 from 15 defendants as alleged proceeds of the fraud, and it also seeks approximately $50,000 from Martov, Petrov, and Gospodinov as alleged proceeds of the money laundering.
The indictment alleges that once Martov obtained the ATM and debit card and PIN information he gave it to the following defendants to fraudulently withdraw money from area ATMs: Ivan Kotselov, 32, of Schiller Park; Georgi Vangelov, aka “Zhoro,” 26, of Schiller Park; Svetoslav Nedelchev, aka “Svetlyo,” 28, of Chicago; Daniel Yordanov, aka “Dani,” 29; Deyan Slavchev, aka “Dido,” 28, of Schiller Park; Karl Popovski, aka “Kiro Papata,” 23, of Chicago; Nikolay Todorov, aka “Niketsa,” 35, of Schiller Park; Mladen Gueorguiev, 25, of Chicago; Nedislav Gabov, 33, of Chicago; and Dimo Deshkov, 28, of Chicago.
After receiving the fraudulently obtained account data, defendants Kotselov, Vangelov, Nedelchev, Yordanov, Slavchev, Popovski, Todorov, Gueorguiev, and Gabov allegedly encoded the data onto the magnetic strip of blank or recycled cards. Once in possession of the encoded cards, various defendants traveled to Chicago-area ATMs to withdraw funds. The defendants, acting at Martov’s direction, made ATM withdrawals shortly before and after midnight in the timezone of the issuing bank in an attempt to circumvent the daily withdrawal limits on the victims’ accounts. The defendants also coordinated ATM transactions to withdraw money before the issuing banks could detect the fraud and deactivate the ATM and debit card numbers.
Martov was charged with 22 counts of wire fraud and four counts of money laundering in addition to the money laundering conspiracy and obstruction counts. Fourteen other defendants were each charged with one or more counts of wire fraud. Gospodinov was charged with four counts of money laundering in addition to the money laundering conspiracy.
Martov, his wife, and 11 other defendants were arraigned yesterday and pleaded not guilty to the charges against them before U.S. Magistrate Judge Daniel Martin. Two defendants, Gueorguiev and Gabov were released on bonds, while the other 11 defendants who appeared in court yesterday remain in federal custody pending detention hearings scheduled for tomorrow and Friday. Yordanov is a fugitive and a warrant was issued for his arrest. Todorov is in state custody and will be arraigned on the federal charges on a date to be determined.
Each count of wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine, and restitution is mandatory. Money laundering conspiracy and each count of money laundering carry a maximum penalty of 20 years in prison and a $500,000 fine or a fine totaling twice the value of the funds involved in the money laundering. The obstruction of justice count against Martov and Koleva carries a maximum of 20 years in prison and a $250,000 fine, and the accessory count against Koleva carries a maximum of 10 years in prison and a $125,000 fine. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is being represented by Assistant U.S. Attorneys Scott Edenfield, Matthew Getter, and Timothy Chapman. Assistant U.S. Attorney Matthew Burke guided the investigation before he transferred last week from the U.S. Attorney’s Office in Chicago to the Eastern District of Virginia. The Office of International Affairs of the Justice Department’s Criminal Division provided assistance with this case.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The alleged scheme involved using ATM and debit card numbers and the personal identification numbers associated with them, which were fraudulently obtained in Europe, to withdraw money from victims’ accounts using automated teller machines at various locations in the Chicago area. The charges were brought in a 29-count indictment, which was returned by a federal grand jury on March 12 and was unsealed following the arrests.
“These charges are the result of the hard work of dedicated law enforcement personnel both here and abroad to address a transnational crime problem that can affect virtually anyone with a bank account and carries significant financial consequences. Cooperation with international law enforcement agencies was crucial to the investigation, and we are grateful for the assistance that led to these arrests,” said Robert J. Holley, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation.
The arrests and charges were announced by Mr. Holley and Zachary T. Fardon, United States Attorney for the Northern District of Illinois. They praised the cooperation of the State Agency National Security and the Supreme Prosecutor’s Office of Cassation in Bulgaria. The investigation is continuing, they said.
Two defendants, Radoslav Pavlov, 36, of Sofia, Bulgaria, also known as “Radi,” charged with wire fraud, and Mihail Petrov, 41, of Sofia, charged with wire fraud, money laundering conspiracy and money laundering, were arrested in Sofia. The United States intends to seek their extradition to face the charges in U.S. District Court in Chicago. The indictment alleges that Pavlov, Petrov, and Domeniko Evitmov, 46, of Chicago, who was arrested here, were located outside the United States and fraudulently obtained ATM and debit card numbers and PINs from locations in Europe and elsewhere without the actual account holders’ knowledge.
Pavlov, Petrov, Evitmov, Alexander Savov, 47, of Carol Stream, Illinois, and others they directed then transferred the fraudulently obtained information, often by Skype or e-mail, to Gheorgui Martov, also known as “Mitsubishi” and “Mitsu,” 39, of Schiller Park, Illinois, who allegedly directed the scheme in the Chicago area. Martov gave the information to numerous co-defendants to make the fraudulent withdrawals from area ATMs, the charges allege, and the defendants divided the money they obtained.
Martov and his wife, Temenuga Koleva, aka “Nushka,” 37, also of Schiller Park, were each charged with obstruction of justice for allegedly destroying computer files and Internet browsing history during the course of the FBI’s investigation. Koleva was also charged with being an accessory after the fact to wire fraud.
Martov, Petrov, and Emil Gospodinov, 44, of Chicago—who owned and operated BG Center Rodina, located 4828 N. Cumberland Ave. in Norridge, Illinois, a business that transmitted funds via MoneyGram, among other things—were charged with money laundering conspiracy for allegedly transmitting the fraudulently obtained funds from the United States to Bulgaria and elsewhere. After receiving funds from Martov, Gospodinov transmitted the funds to Martov’s alleged co-schemers outside the United States using nominee senders and receivers on the transactions to disguise the true identities of those sending and receiving the funds.
The indictment seeks forfeiture of approximately $200,000 from 15 defendants as alleged proceeds of the fraud, and it also seeks approximately $50,000 from Martov, Petrov, and Gospodinov as alleged proceeds of the money laundering.
The indictment alleges that once Martov obtained the ATM and debit card and PIN information he gave it to the following defendants to fraudulently withdraw money from area ATMs: Ivan Kotselov, 32, of Schiller Park; Georgi Vangelov, aka “Zhoro,” 26, of Schiller Park; Svetoslav Nedelchev, aka “Svetlyo,” 28, of Chicago; Daniel Yordanov, aka “Dani,” 29; Deyan Slavchev, aka “Dido,” 28, of Schiller Park; Karl Popovski, aka “Kiro Papata,” 23, of Chicago; Nikolay Todorov, aka “Niketsa,” 35, of Schiller Park; Mladen Gueorguiev, 25, of Chicago; Nedislav Gabov, 33, of Chicago; and Dimo Deshkov, 28, of Chicago.
After receiving the fraudulently obtained account data, defendants Kotselov, Vangelov, Nedelchev, Yordanov, Slavchev, Popovski, Todorov, Gueorguiev, and Gabov allegedly encoded the data onto the magnetic strip of blank or recycled cards. Once in possession of the encoded cards, various defendants traveled to Chicago-area ATMs to withdraw funds. The defendants, acting at Martov’s direction, made ATM withdrawals shortly before and after midnight in the timezone of the issuing bank in an attempt to circumvent the daily withdrawal limits on the victims’ accounts. The defendants also coordinated ATM transactions to withdraw money before the issuing banks could detect the fraud and deactivate the ATM and debit card numbers.
Martov was charged with 22 counts of wire fraud and four counts of money laundering in addition to the money laundering conspiracy and obstruction counts. Fourteen other defendants were each charged with one or more counts of wire fraud. Gospodinov was charged with four counts of money laundering in addition to the money laundering conspiracy.
Martov, his wife, and 11 other defendants were arraigned yesterday and pleaded not guilty to the charges against them before U.S. Magistrate Judge Daniel Martin. Two defendants, Gueorguiev and Gabov were released on bonds, while the other 11 defendants who appeared in court yesterday remain in federal custody pending detention hearings scheduled for tomorrow and Friday. Yordanov is a fugitive and a warrant was issued for his arrest. Todorov is in state custody and will be arraigned on the federal charges on a date to be determined.
Each count of wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine, and restitution is mandatory. Money laundering conspiracy and each count of money laundering carry a maximum penalty of 20 years in prison and a $500,000 fine or a fine totaling twice the value of the funds involved in the money laundering. The obstruction of justice count against Martov and Koleva carries a maximum of 20 years in prison and a $250,000 fine, and the accessory count against Koleva carries a maximum of 10 years in prison and a $125,000 fine. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is being represented by Assistant U.S. Attorneys Scott Edenfield, Matthew Getter, and Timothy Chapman. Assistant U.S. Attorney Matthew Burke guided the investigation before he transferred last week from the U.S. Attorney’s Office in Chicago to the Eastern District of Virginia. The Office of International Affairs of the Justice Department’s Criminal Division provided assistance with this case.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
14 #BloodsStreetGang Members & #MacBallers Charged with Engaging in a Drug Trafficking Conspiracy
United States Attorney Richard S. Hartunian announced that 14 members and associates of the Bloods street gang known as the “MacBallers” were charged by way of a felony criminal complaint in federal court in Binghamton, New York, with engaging in a drug trafficking conspiracy, pursuant to Title 21, United States Code, Sections 841(a)(1) and 846. Federal, state, and local law enforcement teams executed arrest warrants in the greater Binghamton, New York area, as well as in New York City. Defendants made their appearances before a federal magistrate judge in federal court. Additionally, law enforcement also executed federal search warrants at nine locations in the Binghamton, New York area including at the nightclub called 17 East, located at 348 Clinton Street, Binghamton, New York, which was utilized and frequented by members of the MacBallers gang.
The investigation leading to today’s arrests and charges was conducted by members of a task force comprised of the U.S. Attorney’s Office, Binghamton, New York; FBI Albany Field Office and FBI New York Field Office; Broome County District Attorney’s Office; Binghamton Police Department; New York State Police; Broome County Sheriff’s Office; Johnson City Police Department; Endicott Police Department; and the U.S. Marshals Service.
The federal felony complaint charges that starting in September 2009 and continuing up to the present, members and associates of the MacBallers set of the Bloods street gang operated in Binghamton, New York and were responsible for distributing large quantities of controlled substances including cocaine base (crack cocaine), powder cocaine, heroin, and marijuana in the greater Binghamton area. The complaint also charges that MacBaller members utilized rental vehicles and rental apartments to facilitate their drug trafficking conspiracy in order to cook, package, store, and transport controlled substances; utilized prepaid cellular telephones to contact drug customers and gang associates, both affiliated and unaffiliated to the MacBallers, in order to distribute controlled substances; engaged in gang meetings at various locations in the Binghamton area; and utilized firearms including handguns to commit assaults and shootings and to threaten others in furtherance of the MacBallers’ drug trafficking conspiracy.
The federal felony complaint also charges as follows as to each defendant:
If convicted, each defendant faces an imprisonment term of at least 10 years and up to life.
The investigation leading to today’s arrests and charges was conducted by members of a task force comprised of the U.S. Attorney’s Office, Binghamton, New York; FBI Albany Field Office and FBI New York Field Office; Broome County District Attorney’s Office; Binghamton Police Department; New York State Police; Broome County Sheriff’s Office; Johnson City Police Department; Endicott Police Department; and the U.S. Marshals Service.
The federal felony complaint charges that starting in September 2009 and continuing up to the present, members and associates of the MacBallers set of the Bloods street gang operated in Binghamton, New York and were responsible for distributing large quantities of controlled substances including cocaine base (crack cocaine), powder cocaine, heroin, and marijuana in the greater Binghamton area. The complaint also charges that MacBaller members utilized rental vehicles and rental apartments to facilitate their drug trafficking conspiracy in order to cook, package, store, and transport controlled substances; utilized prepaid cellular telephones to contact drug customers and gang associates, both affiliated and unaffiliated to the MacBallers, in order to distribute controlled substances; engaged in gang meetings at various locations in the Binghamton area; and utilized firearms including handguns to commit assaults and shootings and to threaten others in furtherance of the MacBallers’ drug trafficking conspiracy.
The federal felony complaint also charges as follows as to each defendant:
- DEREK CARR, a/k/a “Jinx,” 29 years old, is affiliated to the Bloods street gang and believed to a member of the MacBallers. DEREK CARR is a close, personal associate of SAQUAN JOHNSON and supplied SAQUAN JOHNSON with controlled substances including crack cocaine and heroin. DEREK CARR communicated with SAQUAN JOHNSON regarding the cooking, packaging, acquisition, and distribution of controlled substances including crack cocaine and heroin.
- COURTNEY DOUGLAS, a/k/a “Poppy,” 32 years old, is a member of the MacBallers who received supplies of crack cocaine and heroin from SAQUAN JOHNSON, as well as crack cocaine from CHAD EDWARDS, JUAN PENA, and REGINALD SIMMONS, JR. and then distributed those controlled substances to drug customers. COURTNEY DOUGLAS communicated with other members of the MacBallers’ drug trafficking conspiracy, including SAQUAN JOHNSON, CHAD EDWARDS, and JUAN PENA regarding the acquisition, distribution, and resale of controlled substances including crack cocaine and heroin.
- LAMONT CLEMONS, a/k/a “Stime,” 39 years old, is believed to be a family relative (cousin) of CALVIN JOHNSON who transported supplies of controlled substances and distributed controlled substances on behalf of CALVIN JOHNSON. LAMONT CLEMONS also supplied SAQUAN JOHNSON with controlled substances including crack cocaine, heroin, powder cocaine, and marijuana. LAMONT CLEMONS communicated with SAQUAN JOHNSON regarding the acquisition, storage, transportation, distribution, and resale of controlled substances, including crack cocaine, powder cocaine, heroin, and marijuana.
- CHAD EDWARDS, a/k/a “Chaddy O,” 31 years old, is a high-ranking member of the MacBallers who was responsible for distributing large quantities of crack cocaine in Binghamton, New York. CHAD EDWARDS worked closely with JUAN PENA AND REGINALD SIMMONS, JR. to distribute controlled substances and shared the same cellular telephones with these individuals. CHAD EDWARDS communicated with other members of the MacBallers’ drug trafficking conspiracy, including SAQUAN JOHNSON, JUAN PENA, REGINALD SIMMONS, JR., SHARELL HOLTON, and COURTNEY DOUGLAS regarding the acquisition, packaging, and distribution of controlled substances.
- SHARELL HOLTON, a/k/a “Rell,” 35 years old, is a known controlled substances distributor in Binghamton, New York who is believed to have been supplied by members of the MacBallers’ drug trafficking conspiracy including JOHN MELVILLE, CHAD EDWARDS, JUAN PENA, and REGINALD SIMMONS, JR. She allowed members of the MacBallers’ drug trafficking conspiracy, including JOHN MELVILLE and BRIAN WEST, to utilize her residence in Endicott, New York and distribute controlled substances from her residence. SHARELL HOLTON communicated with other known members of the MacBallers’ drug trafficking conspiracy including SAQUAN JOHNSON, CHAD EDWARDS, and JUAN PENA regarding the acquisition, storage, and distribution of controlled substances as well as the collection of drug proceeds.
- LESLIE HUGHES, a/k/a “Les,” 41 years old, is a Bloods Street Gang member and a known controlled substances distributor in Binghamton, New York who supplied SAQUAN JOHNSON with controlled substances including crack cocaine. LESLIE HUGHES worked for CALVIN JOHNSON and supplied SAQUAN JOHNSON with controlled substances to include crack cocaine. LESLIE HUGHES communicated with SAQUAN JOHNSON regarding the acquisition, cooking/mixing, packaging, and distribution of controlled substances, including crack cocaine, and the collection of drug proceeds.
- CALVIN JOHNSON, a/k/a “Cal,” 38 years old, is a known controlled substances distributor in Binghamton, New York who operated the nightclub 17 East, which was utilized and frequented by members of the MacBallers’ drug trafficking conspiracy. He also supplied SAQUAN JOHNSON, LAMONT CLEMONS, LESLIE HUGHES, and others with controlled substances including crack cocaine, powder cocaine, and marijuana. CALVIN JOHNSON communicated with SAQUAN JOHNSON regarding the acquisition, distribution, and storage of controlled substances including crack cocaine, powder cocaine, and marijuana, as well as the acquisition of a handgun/firearm.
- SAQUAN JOHNSON, a/k/a “Banga,” a/k/a “Sa,” 23 years old, is a member of the MacBallers gang and is known as an enforcer/shooter who was responsible for the distribution of large amounts of crack cocaine, powder cocaine, heroin, and marijuana to other members of the MacBallers’ drug trafficking conspiracy including GERALD NORFLEET and COURTNEY DOUGLAS. SAQUAN JOHNSON was supplied with controlled substances from CALVIN JOHNSON, LAMONT CLEMONS, DEREK CARR, CHAD EDWARDS, JUAN PENA, REGINALD SIMMONS, JR., and DAYNELL ROWLAND. SAQUAN JOHNSON also communicated with other members of the MacBallers’ drug trafficking conspiracy including DEREK CARR, COURTNEY DOUGLAS, LAMONT CLEMONS, CHAD EDWARDS, SHARELL HOLTON, LESLIE HUGHES, CALVIN JOHNSON, GERALD NORFLEET, JUAN PENA, DAYNELL ROWLAND, and REGINALD SIMMONS, JR. regarding the acquisition, distribution, transportation, and cooking/mixing of controlled substances including crack cocaine, powder cocaine, heroin, and marijuana, as well as robberies, assaults, and firearms violations.
- JOHN MELVILLE, a/k/a “Flip,” a/k/a “Fat Boy,” 29 years old, is a high ranking member of the MacBallers gang. JOHN MELVILLE was known to traffic large quantities of controlled substances including crack cocaine and powder cocaine into Binghamton, New York, in order to distribute controlled substances and supply additional members of the MacBallers’ drug trafficking conspiracy including SHARELL HOLTON, CHAD EDWARDS, JUAN PENA, and REGINALD SIMMONS, JR.
- GERALD NORFLEET, a/k/a “G,” 55 years old, purchased controlled substances from SAQUAN JOHNSON and distributed controlled substances including crack cocaine. Additionally, he collected drug proceeds derived from controlled substance sales on behalf of SAQUAN JOHNSON AND LAMONT CLEMONS. GERALD NORFLEET also provided transportation for SAQUAN JOHNSON in order to facilitate drug transactions in furtherance of the MacBallers’ drug trafficking conspiracy. GERALD NORFLEET communicated with SAQUAN JOHNSON regarding the acquisition, packaging, and distribution of controlled substances, and the collection of drug proceeds derived from the sales of controlled substance including crack cocaine.
- JUAN PENA, a/k/a “John John,” 30 years old, is a high ranking member of the MacBallers who was responsible for distributing large quantities of crack cocaine. At one time, JUAN PENA also paid CALVIN JOHNSON an amount of United States currency to control and operate various illegal gambling games at CALVIN JOHNSON’S nightclub 17 East. JUAN PENA also communicated with other members of the MacBallers’ drug trafficking conspiracy including SAQUAN JOHNSON, CHAD EDWARDS, REGINALD SIMMONS, JR., SHARELL HOLTON, COURTNEY DOUGLAS, and others regarding the acquisition and distribution of controlled substances.
- DAYNELL ROWLAND, a/k/a “Daylo,” 31 years old, is a suspected member of the MacBallers who resides in Syracuse, New York, and was responsible for supplying SAQUAN JOHNSON and others with large amounts of controlled substances including marijuana and heroin. DAYNELL ROWLAND introduced SAQUAN JOHNSON to his (DAYNELL ROWLAND’S) heroin supplier residing in the New York City area so SAQUAN JOHNSON could obtain large quantities of heroin directly from this individual. DAYNELL ROWLAND also expressed a desire for SAQUAN JOHNSON to become his main heroin distributor in Binghamton, New York. DAYNELL ROWLAND communicated with SAQUAN JOHNSON regarding the acquisition, cooking, packaging, and distribution of controlled substances and the collection of drug proceeds derived from the sales of controlled substances.
- REGINALD SIMMONS, JR., a/k/a “Reg,” a/k/a “Moe,” 30 years old, is a member of the MacBallers who was responsible for distributing large quantities of crack cocaine. REGINALD SIMMONS, JR. worked with JUAN PENA AND CHAD EDWARDS to distribute controlled substances and shared the same cellular telephones with them for the purpose of distribution of controlled substances. REGINALD SIMMONS, JR. also communicated with other additional members of the MacBallers’ drug trafficking conspiracy including SAQUAN JOHNSON, JUAN PENA, CHAD EDWARDS, SHARELL HOLTON, and COURTNEY DOUGLAS regarding the demand, acquisition, packaging, and distribution of controlled substances.
- BRIAN WEST, a/k/a “West,” 27 years old, is a member of the MacBallers who was responsible for distributing large quantities of crack cocaine. BRIAN WEST trafficked controlled substances into the Binghamton, New York area with JOHN MELVILLE and who supplied other members of the MacBallers’ drug trafficking conspiracy including SHARELL HOLTON, CHAD EDWARDS, JUAN PENA, and REGINALD SIMMONS, JR. BRIAN WEST also utilized SHARELL HOLTON’S residence to distribute controlled substances.
If convicted, each defendant faces an imprisonment term of at least 10 years and up to life.
Juan Elias Garcia, #MS13 Member, Named to FBI's Top 10 List
Juan Elias Garcia, wanted for the execution-style murder of a 19-year-old New York woman and her 2-year-old son, has been named to the FBI's Ten Most Wanted Fugitives list.
A reward of up to $100,000 is being offered for information leading directly to the arrest of Garcia, who is alleged to be a member of the violent Mara Salvatrucha gang—MS-13—and may be hiding in El Salvador.
“Garcia’s callous disregard for human life resulted in the senseless murder of a young mother and her helpless 2-year-old son,” said George Venizelos, assistant director in charge of our New York Field Office. “His appointment to the FBI’s Top Ten list illustrates not only the seriousness of his crimes but our commitment to seeking justice for his victims.”
The murders occurred in Central Islip, New York in 2010. At that time, Garcia—who is known by the nickname “Cruzito”—was 17 years old.
“MS-13 is the most violent gang here of any of the street gangs,” said Special Agent Reynaldo Tariche, who investigated the case with other members of the FBI’s Long Island Gang Task Force. While gang-related murders are not uncommon on Long Island, “the execution of a 2-year-old and his mother is a new low even for MS-13,” Tariche noted.
Garcia had a romantic relationship with the 19-year-old victim, Vanessa Argueta, who had ties to the 18th Street gang and the Latin Kings, two of MS-13’s rivals. After a falling out between Argueta and Garcia, rival gang members allegedly threatened Garcia. When he relayed that information to fellow MS-13 members—that he had been threatened because of information provided by Argueta—it was decided to retaliate against her.
“They were going to kill her for disrespecting the gang,” said Special Agent James Lopez, also a member of the task force. According to gang code, Lopez explained, “it is unacceptable for MS-13 members to have girls they associate with be involved with rival gang members.”
“Garcia was an enthusiastic murderer,” Tariche said. “He was the reason why this happened. He was the one who decided to get the gang involved. It wasn’t about a boyfriend-girlfriend dispute. This was about disrespecting the gang. And the penalty for that is death.”
On February 4, 2010, Garcia invited Argueta to dinner but instead lured her and her son into the woods. Along with two other MS-13 members, he executed her with two shots from a handgun while her son looked on. The gun was then turned on the child. The first shot knocked him to the ground but did not kill him. The boy got up and clutched at Garcia’s leg, but another gang member shot again and killed him
Garcia should be considered armed and dangerous. He is 5 feet 4 inches tall, weighs 125 pounds, and has black hair and brown eyes. He is known to speak Spanish and English and has ties to Santa Rosa de Lima in El Salvador as well as Nicaragua, Honduras, Guatemala, and Panama. His two co-conspirators have been convicted of murder and are awaiting sentencing. A fourth defendant charged in connection with the murders—Garcia’s MS-13 leader—has been sentenced to three terms of life in prison, plus 60 years.
A reward of up to $100,000 is being offered for information leading directly to the arrest of Garcia, who is alleged to be a member of the violent Mara Salvatrucha gang—MS-13—and may be hiding in El Salvador.
“Garcia’s callous disregard for human life resulted in the senseless murder of a young mother and her helpless 2-year-old son,” said George Venizelos, assistant director in charge of our New York Field Office. “His appointment to the FBI’s Top Ten list illustrates not only the seriousness of his crimes but our commitment to seeking justice for his victims.”
The murders occurred in Central Islip, New York in 2010. At that time, Garcia—who is known by the nickname “Cruzito”—was 17 years old.
“MS-13 is the most violent gang here of any of the street gangs,” said Special Agent Reynaldo Tariche, who investigated the case with other members of the FBI’s Long Island Gang Task Force. While gang-related murders are not uncommon on Long Island, “the execution of a 2-year-old and his mother is a new low even for MS-13,” Tariche noted.
Garcia had a romantic relationship with the 19-year-old victim, Vanessa Argueta, who had ties to the 18th Street gang and the Latin Kings, two of MS-13’s rivals. After a falling out between Argueta and Garcia, rival gang members allegedly threatened Garcia. When he relayed that information to fellow MS-13 members—that he had been threatened because of information provided by Argueta—it was decided to retaliate against her.
“They were going to kill her for disrespecting the gang,” said Special Agent James Lopez, also a member of the task force. According to gang code, Lopez explained, “it is unacceptable for MS-13 members to have girls they associate with be involved with rival gang members.”
“Garcia was an enthusiastic murderer,” Tariche said. “He was the reason why this happened. He was the one who decided to get the gang involved. It wasn’t about a boyfriend-girlfriend dispute. This was about disrespecting the gang. And the penalty for that is death.”
On February 4, 2010, Garcia invited Argueta to dinner but instead lured her and her son into the woods. Along with two other MS-13 members, he executed her with two shots from a handgun while her son looked on. The gun was then turned on the child. The first shot knocked him to the ground but did not kill him. The boy got up and clutched at Garcia’s leg, but another gang member shot again and killed him
Garcia should be considered armed and dangerous. He is 5 feet 4 inches tall, weighs 125 pounds, and has black hair and brown eyes. He is known to speak Spanish and English and has ties to Santa Rosa de Lima in El Salvador as well as Nicaragua, Honduras, Guatemala, and Panama. His two co-conspirators have been convicted of murder and are awaiting sentencing. A fourth defendant charged in connection with the murders—Garcia’s MS-13 leader—has been sentenced to three terms of life in prison, plus 60 years.
Sunday, March 23, 2014
Wednesday, March 19, 2014
#Yakuza Organized Crime Members Drop to Lowest Level since 1992
The number of people belonging to yakuza groups in Japan has declined to its lowest level since the anti-organized crime law took effect in 1992, a national police survey showed Thursday.
The survey, carried out by the National Police Agency, revealed that there were approximately 58,600 crime group members operating in Japan as of the end of 2013, down about 4,600 from a year earlier. These numbers continue a downward trend which may be the result of a strengthened police crackdown and measures taken by the government to limit crime syndicates’ means of financing.
Nevertheless, the survey revealed a notable increase in organized crimes in the western prefecture of Hiroshima. Of 23 cases of armed attacks by crime syndicates on corporations in Japan, 16 occurred in Hiroshima last year, the agency said. Police records showed no attacks on companies had occurred in 2011 and 2012.
Investigations of cases in Hiroshima Prefecture involving yakuza members suggest they are stepping up activities in commercial areas, an agency official said.
Police also investigated 27 cases related to rivalries between yakuza groups in 2013, none of which resulted in death or injury to civilians, the survey said.
The survey, carried out by the National Police Agency, revealed that there were approximately 58,600 crime group members operating in Japan as of the end of 2013, down about 4,600 from a year earlier. These numbers continue a downward trend which may be the result of a strengthened police crackdown and measures taken by the government to limit crime syndicates’ means of financing.
Nevertheless, the survey revealed a notable increase in organized crimes in the western prefecture of Hiroshima. Of 23 cases of armed attacks by crime syndicates on corporations in Japan, 16 occurred in Hiroshima last year, the agency said. Police records showed no attacks on companies had occurred in 2011 and 2012.
Investigations of cases in Hiroshima Prefecture involving yakuza members suggest they are stepping up activities in commercial areas, an agency official said.
Police also investigated 27 cases related to rivalries between yakuza groups in 2013, none of which resulted in death or injury to civilians, the survey said.
Monday, March 10, 2014
Specifics on William F. Boyland, Jr.'s Conviction on Bribery, Fraud, Extortion, Conspiracy, and Theft Charges
Sitting New York State Assemblyman William F. Boyland, Jr. was convicted by a jury at the federal courthouse in Brooklyn, New York, of 21 felony counts, including federal programs bribery, conspiracy to commit federal programs bribery, conspiracy to violate the Travel Act and commit federal programs bribery, extortion, extortion conspiracy, honest services wire fraud, conspiracy to commit honest services wire fraud, federal programs theft, and conspiracy to commit mail fraud. Boyland committed each of these offenses by corruptly exploiting his public position representing the 55th Assembly District in Brooklyn, which is composed of Ocean Hill, Brownsville, Bedford-Stuyvesant, Crown Heights, and Bushwick. Upon his convictions, Boyland was automatically expelled from the Assembly. When sentenced, Boyland faces prison terms of up to 20 years on each of the extortion, extortion conspiracy, honest services wire fraud, honest services wire fraud conspiracy, and mail fraud conspiracy counts; up to 10 years on each of the federal programs bribery and federal programs theft counts; and up to five years on each of the other conspiracy counts. Following his convictions, the Honorable Sandra L. Townes, who presided over the trial, ordered Boyland remanded into custody pending his sentencing on June 30, 2014. Boyland is also subject to up to at least $250,000 in fines on each of the counts of conviction, as well as criminal forfeiture and mandatory restitution.
The convictions were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George Venizelos, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office.
“The breadth and pervasiveness of the corruption exposed by this prosecution is staggering. Wherever there was an opportunity for William Boyland to corruptly line his own pockets, he took it. By soliciting bribes, by stealing funds intended to help the elderly, and by defrauding New York State and the Assembly, Boyland cravenly pursued his own interest at the expense of his constituents. In doing so, Boyland not only broke the law but broke faith with the public he was elected to serve. Today’s verdict ensures that Boyland will be held accountable for his corrupt actions,” stated United States Attorney Lynch. “When our elected officials engage in self-dealing, when they abdicate their responsibilities, when they succumb to greed, the average citizen pays for it dearly, and our democratic system suffers on so many levels. The verdict sends a clear message that we and our partners in the FBI will vigorously investigate and prosecute any public official who trades on a position of power to line his own pocket.” United States Attorney Lynch praised the hard work and dedication of the FBI agents who investigated the case and expressed her thanks to the New York State Comptroller’s Office, the New York State Office of the Aging, the Internal Revenue Service Criminal Investigation Division, the New York State Assembly Department of Finance, and the New York City Department of Investigation for their assistance with the investigation.
The evidence admitted at trial proved that, beginning in January 2007 and continuing through December 2011, Boyland engaged in four separate corrupt schemes, ranging from soliciting and accepting over $250,000 in bribe payments, to submitting false travel vouchers to New York State, to stealing state funds intended for the elderly:
Carnival Scheme
Boyland extorted and accepted over $14,000 in bribes in exchange for undertaking official action to benefit a carnival promoter (the “promoter”) and an undercover FBI agent. Specifically, in August 2010, Boyland met with the Promoter and this undercover FBI agent (UC1) on multiple occasions in New York City and discussed the desire of the promoter and UC1 to hold carnivals in Boyland’s district, for which they needed government approvals. During those meetings, Boyland requested payments in exchange for assisting the promoter and UC1, and the promoter and UC1 agreed. Boyland also described various ways in which the bribes could be disguised to hide their true purpose. After these meetings, Boyland directed his Assembly staff to assist the promoter and UC1 in their efforts to gain government approvals. Boyland then represented to the promoter and UC1 that he and his staff (i) engaged in discussions with government agencies to assist the Promoter in obtaining carnival-related leases and permits and (ii) arranged for a non-profit organization to sponsor the Promoter’s carnivals. Boyland also directed his staff to give the promoter letters of support, on Boyland’s Assembly letterhead, that the promoter needed in order to operate carnivals in Boyland’s district. In exchange, UC1 paid Boyland three separate bribes: $7,000 in cash; a $3,000 check with the “payee” line left blank; and $3,800 worth of money orders that were deposited into Boyland’s campaign bank account. As was shown to the jury during the trial, Boyland was captured on videotape personally accepting the $7,000 cash bribe at his district office.
Real Estate Scheme
Boyland also accepted the $7,000 cash bribe described above in exchange for undertaking official action to benefit UC1 and a second undercover FBI agent (UC2) in a purported real estate venture in Boyland’s district. Specifically, Boyland proposed a brazen scheme in which UC1 and UC2 would purchase the former St. Mary’s Hospital in Boyland’s district for $8 million, obtain state grant money to renovate the hospital, and resell it for $15 million to a non-profit organization that Boyland claimed to control. Boyland assured UC1 and UC2 that he would use his influence as an assemblyman to secure state grant money for the project and handle any zoning issues that arose. After accepting the $7,000 cash bribe described above, Boyland was later recorded demanding an additional $250,000 bribe payment from UC1 and UC2 as a condition of using his official position to realize the real estate scheme he had proposed.
Recordings of meetings in hotel rooms in Atlantic City and New York City where Boyland discussed the real estate scheme revealed that he recognized the scheme’s corrupt and illegal nature and sought to conceal his own involvement. At the meeting in the hotel in Atlantic City, Boyland stated, “I got a middle guy by the way...I gotta stay clean...I got a bag man....” Boyland further explained that he did not want to talk on the telephone and preferred in-person meetings: “I stopped talking on the phone a while ago...I’m just saying there is no real conversation that you can have...especially with what we’re talking about.”
At the meeting in the hotel room in New York City, Boyland reiterated that he wanted UC1 and UC2 to pay him a $250,000 bribe in exchange for the St. Mary’s Hospital project. When UC2 instead countered Boyland’s demand by offering to pay Boyland $5,000 for introductions to other government officials who would be involved in the project, Boyland rejected the counter-proposal, stating that the people whom Boyland could introduce to UC1 and UC2 were worth more than $5,000: “I’m not talking about $5,000 folks. I’m talking about...people that can actually get these projects done.”
False Voucher Scheme
From January 2007 to December 2011, Boyland stole New York State funds by submitting false New York State Assembly Member Travel Vouchers (vouchers). Boyland submitted over two hundred fraudulent vouchers where he falsely claimed to be in Albany on legislative business when he in fact was not in Albany, including days when Boyland was in New York City meeting with the undercover FBI agents and demanding $250,000 in bribes; days when he was in North Carolina and Virginia visiting with family and friends; and for days when he was in Istanbul, Turkey. In reliance on Boyland’s false Vouchers, New York State paid Boyland more than $70,000 in fraudulent mileage expense reimbursements and per diem payments.
Theft of State Funds for the Elderly
From July 2007 to September 2010, Boyland conspired to defraud New York State and the New York State Office of the Aging (NYSOA). Boyland, a member of the Assembly’s Committee on the Aging, steered $200,000 of New York State “member item” funds to a Brooklyn-based non-profit organization whose mission, as described on its website, was to provide a “social setting that enable[s] elderly individuals to maintain their independence and remain at home in the community.” Notwithstanding his certification, in writing to the NYSOA that these state funds would not be used for any partisan or political purpose, Boyland directed that the majority of these $200,000 in state funds be used for the benefit of Boyland and his political campaigns by paying for community events that promoted Boyland such as a Senior Lunch Cruise on the Spirit of New York Cruise Line, a fireworks show, and a large end of the summer picnic held at a park in his district, as well as goods that promoted Boyland, such as “Team Boyland” T-shirts distributed at those community events.
The convictions were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George Venizelos, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office.
“The breadth and pervasiveness of the corruption exposed by this prosecution is staggering. Wherever there was an opportunity for William Boyland to corruptly line his own pockets, he took it. By soliciting bribes, by stealing funds intended to help the elderly, and by defrauding New York State and the Assembly, Boyland cravenly pursued his own interest at the expense of his constituents. In doing so, Boyland not only broke the law but broke faith with the public he was elected to serve. Today’s verdict ensures that Boyland will be held accountable for his corrupt actions,” stated United States Attorney Lynch. “When our elected officials engage in self-dealing, when they abdicate their responsibilities, when they succumb to greed, the average citizen pays for it dearly, and our democratic system suffers on so many levels. The verdict sends a clear message that we and our partners in the FBI will vigorously investigate and prosecute any public official who trades on a position of power to line his own pocket.” United States Attorney Lynch praised the hard work and dedication of the FBI agents who investigated the case and expressed her thanks to the New York State Comptroller’s Office, the New York State Office of the Aging, the Internal Revenue Service Criminal Investigation Division, the New York State Assembly Department of Finance, and the New York City Department of Investigation for their assistance with the investigation.
The evidence admitted at trial proved that, beginning in January 2007 and continuing through December 2011, Boyland engaged in four separate corrupt schemes, ranging from soliciting and accepting over $250,000 in bribe payments, to submitting false travel vouchers to New York State, to stealing state funds intended for the elderly:
Carnival Scheme
Boyland extorted and accepted over $14,000 in bribes in exchange for undertaking official action to benefit a carnival promoter (the “promoter”) and an undercover FBI agent. Specifically, in August 2010, Boyland met with the Promoter and this undercover FBI agent (UC1) on multiple occasions in New York City and discussed the desire of the promoter and UC1 to hold carnivals in Boyland’s district, for which they needed government approvals. During those meetings, Boyland requested payments in exchange for assisting the promoter and UC1, and the promoter and UC1 agreed. Boyland also described various ways in which the bribes could be disguised to hide their true purpose. After these meetings, Boyland directed his Assembly staff to assist the promoter and UC1 in their efforts to gain government approvals. Boyland then represented to the promoter and UC1 that he and his staff (i) engaged in discussions with government agencies to assist the Promoter in obtaining carnival-related leases and permits and (ii) arranged for a non-profit organization to sponsor the Promoter’s carnivals. Boyland also directed his staff to give the promoter letters of support, on Boyland’s Assembly letterhead, that the promoter needed in order to operate carnivals in Boyland’s district. In exchange, UC1 paid Boyland three separate bribes: $7,000 in cash; a $3,000 check with the “payee” line left blank; and $3,800 worth of money orders that were deposited into Boyland’s campaign bank account. As was shown to the jury during the trial, Boyland was captured on videotape personally accepting the $7,000 cash bribe at his district office.
Real Estate Scheme
Boyland also accepted the $7,000 cash bribe described above in exchange for undertaking official action to benefit UC1 and a second undercover FBI agent (UC2) in a purported real estate venture in Boyland’s district. Specifically, Boyland proposed a brazen scheme in which UC1 and UC2 would purchase the former St. Mary’s Hospital in Boyland’s district for $8 million, obtain state grant money to renovate the hospital, and resell it for $15 million to a non-profit organization that Boyland claimed to control. Boyland assured UC1 and UC2 that he would use his influence as an assemblyman to secure state grant money for the project and handle any zoning issues that arose. After accepting the $7,000 cash bribe described above, Boyland was later recorded demanding an additional $250,000 bribe payment from UC1 and UC2 as a condition of using his official position to realize the real estate scheme he had proposed.
Recordings of meetings in hotel rooms in Atlantic City and New York City where Boyland discussed the real estate scheme revealed that he recognized the scheme’s corrupt and illegal nature and sought to conceal his own involvement. At the meeting in the hotel in Atlantic City, Boyland stated, “I got a middle guy by the way...I gotta stay clean...I got a bag man....” Boyland further explained that he did not want to talk on the telephone and preferred in-person meetings: “I stopped talking on the phone a while ago...I’m just saying there is no real conversation that you can have...especially with what we’re talking about.”
At the meeting in the hotel room in New York City, Boyland reiterated that he wanted UC1 and UC2 to pay him a $250,000 bribe in exchange for the St. Mary’s Hospital project. When UC2 instead countered Boyland’s demand by offering to pay Boyland $5,000 for introductions to other government officials who would be involved in the project, Boyland rejected the counter-proposal, stating that the people whom Boyland could introduce to UC1 and UC2 were worth more than $5,000: “I’m not talking about $5,000 folks. I’m talking about...people that can actually get these projects done.”
False Voucher Scheme
From January 2007 to December 2011, Boyland stole New York State funds by submitting false New York State Assembly Member Travel Vouchers (vouchers). Boyland submitted over two hundred fraudulent vouchers where he falsely claimed to be in Albany on legislative business when he in fact was not in Albany, including days when Boyland was in New York City meeting with the undercover FBI agents and demanding $250,000 in bribes; days when he was in North Carolina and Virginia visiting with family and friends; and for days when he was in Istanbul, Turkey. In reliance on Boyland’s false Vouchers, New York State paid Boyland more than $70,000 in fraudulent mileage expense reimbursements and per diem payments.
Theft of State Funds for the Elderly
From July 2007 to September 2010, Boyland conspired to defraud New York State and the New York State Office of the Aging (NYSOA). Boyland, a member of the Assembly’s Committee on the Aging, steered $200,000 of New York State “member item” funds to a Brooklyn-based non-profit organization whose mission, as described on its website, was to provide a “social setting that enable[s] elderly individuals to maintain their independence and remain at home in the community.” Notwithstanding his certification, in writing to the NYSOA that these state funds would not be used for any partisan or political purpose, Boyland directed that the majority of these $200,000 in state funds be used for the benefit of Boyland and his political campaigns by paying for community events that promoted Boyland such as a Senior Lunch Cruise on the Spirit of New York Cruise Line, a fireworks show, and a large end of the summer picnic held at a park in his district, as well as goods that promoted Boyland, such as “Team Boyland” T-shirts distributed at those community events.
Friday, March 07, 2014
Full Details of Grand Larceny Charges on Dewey & Leboeuf's Historic Collapse, Thousands Unemployed, Creditors Owed Hundreds of Millions
Manhattan District Attorney Cyrus R. Vance, Jr., today announced the indictments of Steven Davis, 60; Stephen DiCarmine, 57; Joel Sanders, 55; and Zachary Warren, 29. The first three defendants were, respectively, the chairman, the executive director, and the chief financial officer at the now-bankrupt law firm Dewey & LeBoeuf LLP; the fourth defendant was a client relations manager at the firm. The indictment alleges that the defendants defrauded and stole from the firm’s lenders, investors, and others. This case is the result of a nearly two-year investigation by the DA’s Major Economic Crimes Bureau and the Federal Bureau of Investigation. The Securities and Exchange Commission conducted its own parallel investigation and also is bringing charges today.
Davis, DiCarmine, and Sanders are charged with grand larceny in the first degree, scheme to defraud in the first degree, Martin Act securities fraud, falsifying business records in the first degree, and conspiracy in the fifth degree. Warren is charged in two indictments with scheme to defraud in the first degree, falsifying business records in the first degree, and conspiracy in the fifth degree.
“Fraud is not an acceptable accounting practice,” said District Attorney Vance. “The defendants are accused of concocting and overseeing a massive effort to cook the books at Dewey & LeBoeuf. Their wrongdoing contributed to the collapse of a prestigious international law firm, which forced thousands of people out of jobs and left creditors holding the bag on hundreds of millions of dollars owed to them. Those at the top of the firm directed employees to hide the firm’s true financial condition from creditors, investors, auditors, and even partners of the firm, until the scheme unraveled and resulted in the largest law firm bankruptcy in history. Seven of the firm’s employees have already pled guilty to crimes related to their roles in the scheme. My office’s Major Economic Crimes Bureau will continue to work with our law enforcement partners to prosecute accounting fraud and other economic crimes—regardless of the target company’s size or status.”
FBI Assistant Director in Charge George Venizelos said, “As alleged, rather than speaking openly with creditors about mounting debt and shrinking revenue, the defendants deliberately manipulated the firm’s financial statements. In the height of the crisis, the defendants used every trick in the book in an elaborate attempt to cover-up the increasingly dire situation. But as bad went to worse, the defendants doubled down and continued to exaggerate, manipulate, and downright lie in a vain attempt to right a sinking ship. It is incumbent on people and the institutions where they work to do the right thing, to follow the law—and not just when the FBI is watching.”
SEC Division of Enforcement Director Andrew J. Ceresney said, “Investors were led to believe they were purchasing bonds issued by a prestigious law firm that had weathered the financial crisis and was poised for growth. Dewey & LeBoeuf’s senior-most finance personnel used a grab bag of accounting gimmicks to create that illusion, and top executives green-lighted the decision to sell $150 million in bonds to investors as a desperate grasp for cash on the basis of blatantly falsified financial results.”
Background
Dewey & LeBoeuf LLP (Dewey), an international law firm headquartered in New York City, was formed in October 2007 through the combination of Dewey Ballantine LLP and LeBoeuf, Lamb, Greene, & MacRae LLP. At its height, approximately 1,300 partners and employees worked in Dewey’s Manhattan office, and nearly 3,000 partners and employees worked for the firm worldwide. In May 2012, Dewey collapsed, resulting in the largest law firm bankruptcy in history.
From Dewey’s formation through its bankruptcy, Davis was the firm’s chairman and later member of the office of the chair; Sanders was the firm’s chief financial officer; and DiCarmine was the firm’s executive director. Warren was the firm’s client relations manager in 2008 and 2009, when he left the firm.
From Dewey’s formation to early 2010, the firm had both term and revolving debt. By the end of 2008, Dewey had more than $100 million in term debt outstanding and available lines of credit of more than $130 million. In April 2010, Dewey refinanced its debt with a $150 million private placement with 13 insurance companies and a $100 million revolving line of credit with a syndicate of banks.
Overview of the Fraudulent Scheme
Dewey’s various credit agreements with financial institutions, and later the note purchase agreement governing the private placement, contained a cash flow covenant (the cash flow covenant) that required the firm to maintain a minimum year-end cash flow. Because of its poor financial performance, Dewey was unable to meet this covenant in 2008. The defendants and others at the firm feared that the failure to meet the cash flow covenant during the 2008 credit crisis could be harmful to Dewey.
According to the indictment and other documents filed in court, from approximately November 3, 2008 to approximately March 7, 2012, the defendants engaged in a scheme to defraud the firm’s lenders, and later investors, by, among other things, falsely reporting compliance with the cash flow covenant in 2008 and falsely reporting compliance with the cash flow covenant and other covenants in future years. To conceal and advance their fraudulent scheme, the defendants, directly and through others, lied to, withheld information from, and otherwise misled the firm’s auditors and partners, including members of the firm’s Executive Committee. Davis, DiCarmine, and Sanders are also alleged to have stolen nearly $200 million from 13 insurance companies and 2 financial institutions.
To make it appear that Dewey had complied with its covenant requirements, Davis, DiCarmine, and Sanders caused others at the firm to make tens of millions of dollars of fraudulent accounting entries beginning in late 2008. This conduct continued into 2012. Warren helped plan the fraudulent entries and took part in covering them up while he was at the firm.
In addition, at the direction of Davis, DiCarmine, and Sanders, individuals at the firm made intentional misrepresentations to investors and financial institutions involved in Dewey’s 2010 refinance. Among other things, they provided these investors and financial institutions with intentionally falsified financial statements; falsely represented that Dewey had complied with its prior debt covenants; and lied about Dewey’s policies for returning capital, its total outstanding debt, the compensation owed to partners, and about certain payments owed to retired partners.
The Fraudulent Methods
The indictment alleges that near the end of 2008, Sanders, Warren, and an individual working under Sanders’ direction identified fraudulent adjustments that could be made to Dewey’s accounting records falsely to demonstrate compliance with the cash flow covenant. These adjustments were memorialized in a document named the “master plan.” These fraudulent adjustments, as well as others, were employed from year-end 2008 to 2012 to make it appear that Dewey had either increased revenue, decreased expenses, or limited distributions to partners.
Some of the fraudulent adjustments and acts included the following, as described in the indictment:
In addition to these and other adjustments, and as part of the scheme, individuals at Dewey intentionally failed to write off amounts that they knew should have been written off. For example, in 2011, a Dewey lawyer notified Sanders and DiCarmine that the firm had failed to write off millions of dollars in receivables on a client that was in receivership. The lawyer notified Sanders and DiCarmine that Dewey had represented to a federal district court judge that these amounts had been written off. Maintaining these invalid receivables, however, helped support Dewey’s borrowing base on its debt and the private placement. Sanders wrote to two employees, “We need to hide this [without] actually writing it off.”
The Cash Fow Covenant Misstatements
According to court documents, in February 2009, Dewey reported to its lenders that it had satisfied its cash flow covenant at year-end 2008 by a little more than $4 million. In fact, Dewey was able to achieve this result only by making tens of millions of dollars worth of fraudulent accounting entries, including, among others, some of those described above.
Dewey’s fortunes did not improve in future years. To misrepresent compliance with the cash flow covenant and other covenants, individuals at the firm, at the direction of Davis, DiCarmine, and Sanders, continued to make fraudulent accounting entries like those described above, as well as other fraudulent entries.
In fact, Dewey’s financial condition was so poor in 2009 that Davis, DiCarmine, and Sanders realized that, despite planning millions of dollars in fraudulent adjustments for that year, they would be unable to come up with enough fraudulent adjustments by year-end to show compliance with the cash flow covenant. As a result, Sanders sought a waiver of the covenant from the banks. The cash flow covenant floor was reduced, but the banks placed additional conditions on Dewey, which caused additional financial pressure.
When Dewey was unable to meet even the reduced cash flow covenant level in 2009, individuals at the firm, under the direction of Davis, DiCarmine, and Sanders, again made fraudulent adjustments to Dewey’s accounting records falsely to show compliance with this and another covenant. In 2010 and 2011, they continued making additional fraudulent adjustments falsely to show compliance with covenants, to reduce the impact of a covenant breach, and to hide Dewey’s true financial condition.
The April 2010 Private Placement and Revolving Line of Credit
In April 2010, Dewey refinanced its debt with a $150 million private placement of securities with insurance companies and a $100 million revolving line of credit with banks. To obtain this financing, individuals at the firm, including Davis, DiCarmine, Sanders, and others acting at their direction misrepresented Dewey’s financial condition to potential investors and lenders. Among other things, they provided potential investors and lenders with financial statements that falsely represented that the firm had complied with its covenants.
Additionally, as part of the private placement process, individuals at Dewey provided potential investors with an offering memorandum that contained numerous misstatements, including:
Defendant Information
Charges Steven Davis, dob May 17, 1953
Charges Stephen DiCarmine, dob October 19, 1956
Charges Joel Sanders, dob March 10, 1958
Charges Zachary Warren, dob October 5, 1984
Davis, DiCarmine, and Sanders are charged with grand larceny in the first degree, scheme to defraud in the first degree, Martin Act securities fraud, falsifying business records in the first degree, and conspiracy in the fifth degree. Warren is charged in two indictments with scheme to defraud in the first degree, falsifying business records in the first degree, and conspiracy in the fifth degree.
“Fraud is not an acceptable accounting practice,” said District Attorney Vance. “The defendants are accused of concocting and overseeing a massive effort to cook the books at Dewey & LeBoeuf. Their wrongdoing contributed to the collapse of a prestigious international law firm, which forced thousands of people out of jobs and left creditors holding the bag on hundreds of millions of dollars owed to them. Those at the top of the firm directed employees to hide the firm’s true financial condition from creditors, investors, auditors, and even partners of the firm, until the scheme unraveled and resulted in the largest law firm bankruptcy in history. Seven of the firm’s employees have already pled guilty to crimes related to their roles in the scheme. My office’s Major Economic Crimes Bureau will continue to work with our law enforcement partners to prosecute accounting fraud and other economic crimes—regardless of the target company’s size or status.”
FBI Assistant Director in Charge George Venizelos said, “As alleged, rather than speaking openly with creditors about mounting debt and shrinking revenue, the defendants deliberately manipulated the firm’s financial statements. In the height of the crisis, the defendants used every trick in the book in an elaborate attempt to cover-up the increasingly dire situation. But as bad went to worse, the defendants doubled down and continued to exaggerate, manipulate, and downright lie in a vain attempt to right a sinking ship. It is incumbent on people and the institutions where they work to do the right thing, to follow the law—and not just when the FBI is watching.”
SEC Division of Enforcement Director Andrew J. Ceresney said, “Investors were led to believe they were purchasing bonds issued by a prestigious law firm that had weathered the financial crisis and was poised for growth. Dewey & LeBoeuf’s senior-most finance personnel used a grab bag of accounting gimmicks to create that illusion, and top executives green-lighted the decision to sell $150 million in bonds to investors as a desperate grasp for cash on the basis of blatantly falsified financial results.”
Background
Dewey & LeBoeuf LLP (Dewey), an international law firm headquartered in New York City, was formed in October 2007 through the combination of Dewey Ballantine LLP and LeBoeuf, Lamb, Greene, & MacRae LLP. At its height, approximately 1,300 partners and employees worked in Dewey’s Manhattan office, and nearly 3,000 partners and employees worked for the firm worldwide. In May 2012, Dewey collapsed, resulting in the largest law firm bankruptcy in history.
From Dewey’s formation through its bankruptcy, Davis was the firm’s chairman and later member of the office of the chair; Sanders was the firm’s chief financial officer; and DiCarmine was the firm’s executive director. Warren was the firm’s client relations manager in 2008 and 2009, when he left the firm.
From Dewey’s formation to early 2010, the firm had both term and revolving debt. By the end of 2008, Dewey had more than $100 million in term debt outstanding and available lines of credit of more than $130 million. In April 2010, Dewey refinanced its debt with a $150 million private placement with 13 insurance companies and a $100 million revolving line of credit with a syndicate of banks.
Overview of the Fraudulent Scheme
Dewey’s various credit agreements with financial institutions, and later the note purchase agreement governing the private placement, contained a cash flow covenant (the cash flow covenant) that required the firm to maintain a minimum year-end cash flow. Because of its poor financial performance, Dewey was unable to meet this covenant in 2008. The defendants and others at the firm feared that the failure to meet the cash flow covenant during the 2008 credit crisis could be harmful to Dewey.
According to the indictment and other documents filed in court, from approximately November 3, 2008 to approximately March 7, 2012, the defendants engaged in a scheme to defraud the firm’s lenders, and later investors, by, among other things, falsely reporting compliance with the cash flow covenant in 2008 and falsely reporting compliance with the cash flow covenant and other covenants in future years. To conceal and advance their fraudulent scheme, the defendants, directly and through others, lied to, withheld information from, and otherwise misled the firm’s auditors and partners, including members of the firm’s Executive Committee. Davis, DiCarmine, and Sanders are also alleged to have stolen nearly $200 million from 13 insurance companies and 2 financial institutions.
To make it appear that Dewey had complied with its covenant requirements, Davis, DiCarmine, and Sanders caused others at the firm to make tens of millions of dollars of fraudulent accounting entries beginning in late 2008. This conduct continued into 2012. Warren helped plan the fraudulent entries and took part in covering them up while he was at the firm.
In addition, at the direction of Davis, DiCarmine, and Sanders, individuals at the firm made intentional misrepresentations to investors and financial institutions involved in Dewey’s 2010 refinance. Among other things, they provided these investors and financial institutions with intentionally falsified financial statements; falsely represented that Dewey had complied with its prior debt covenants; and lied about Dewey’s policies for returning capital, its total outstanding debt, the compensation owed to partners, and about certain payments owed to retired partners.
The Fraudulent Methods
The indictment alleges that near the end of 2008, Sanders, Warren, and an individual working under Sanders’ direction identified fraudulent adjustments that could be made to Dewey’s accounting records falsely to demonstrate compliance with the cash flow covenant. These adjustments were memorialized in a document named the “master plan.” These fraudulent adjustments, as well as others, were employed from year-end 2008 to 2012 to make it appear that Dewey had either increased revenue, decreased expenses, or limited distributions to partners.
Some of the fraudulent adjustments and acts included the following, as described in the indictment:
- Reversing disbursement write-offs: From 2008 through 2011, individuals at the firm improperly reversed millions of dollars of write-offs of client disbursements, that is, costs the firm had incurred on behalf of clients, that Dewey had no intention or reasonable expectation of collecting. This fraudulently made it appear that expenses were lower than they actually were.
- Reclassifying disbursement payments: From 2008 through 2011, individuals at the firm improperly reclassified as fee payments millions of dollars of payments that had originally and properly been applied to client disbursements. When Sanders first devised this adjustment in late 2008, he told DiCarmine, “We came up with a big one. Reclass the disbursements.” DiCarmine responded, “You always do in the last hours. That’s why we get the extra 10 or 20 percent bonus.” This fraudulently made it appear that revenue was higher than it actually was.
- Reclassifying of counsel payments: From 2008 through 2011, individuals at the firm improperly reclassified as “equity partner compensation,” millions of dollars of compensation to “of counsel” lawyers. Historically, of counsel compensation had been treated as an expense in Dewey’s financial statements. This fraudulently made it appear that expenses were lower than they actually were.
- Reversing credit card write-offs: In 2008, Dewey initially and properly wrote off more than $2.4 million in charges from an American Express card associated with Sanders. The charges were not chargeable to clients. For year-end 2008, however, individuals at the firm fraudulently reversed the write-off and recorded the charges as an unbilled client disbursement receivable. Each subsequent year, they wrote this amount off during the year but fraudulently reversed the write-off at year-end. The amount remained on Dewey’s books as an unbilled client disbursement receivable at the time of the bankruptcy. This fraudulently made it appear that expenses were lower than they actually were.
- Reclassifying salaried partner expenses: In 2008, individuals at the firm improperly reclassified as equity partner compensation millions of dollars in compensation paid to and amortization of benefits related to two salaried, non-equity partners. Similar amounts had previously been treated as expenses on Dewey’s financial statements, so the reclassification had the effect of reducing the firm’s expenses. This fraudulently made it appear that expenses were lower than they actually were.
- Seeking backdated checks: During at least two year-ends from 2008 through 2011, individuals at the firm sought backdated checks from clients to post to the prior year. At the end of each year, they tried to hide the date on which checks had been received, so that Dewey’s auditors would not discover that December checks received in January, including backdated checks, were being posted to the prior year. Applying backdated checks to the prior year would fraudulently make it appear that revenue was higher than it actually was.
- Applying partner capital as fee revenue: For year-end 2009, more than $1 million that had been contributed by a partner to satisfy the firm’s requirement that partners contribute capital to the firm was applied as a fee payment for the client of a different partner. This amount was backed out of fees and applied to the partner’s capital account during 2010, but for year-end 2010, it was again fraudulently applied as a fee payment for the same client. This fraudulently made it appear that revenue was higher than it actually was.
- Applying loan repayments as revenue: In 2008, pursuant to Davis’s authorization, Dewey took on $2.4 million in bank loans that benefitted DiCarmine and Sanders. In early 2012, DiCarmine and Sanders repaid Dewey the final $1.2 million owed under the loans but structured the transaction so the loan repayment would fraudulently make it appear that revenue was higher than it actually was.
In addition to these and other adjustments, and as part of the scheme, individuals at Dewey intentionally failed to write off amounts that they knew should have been written off. For example, in 2011, a Dewey lawyer notified Sanders and DiCarmine that the firm had failed to write off millions of dollars in receivables on a client that was in receivership. The lawyer notified Sanders and DiCarmine that Dewey had represented to a federal district court judge that these amounts had been written off. Maintaining these invalid receivables, however, helped support Dewey’s borrowing base on its debt and the private placement. Sanders wrote to two employees, “We need to hide this [without] actually writing it off.”
The Cash Fow Covenant Misstatements
According to court documents, in February 2009, Dewey reported to its lenders that it had satisfied its cash flow covenant at year-end 2008 by a little more than $4 million. In fact, Dewey was able to achieve this result only by making tens of millions of dollars worth of fraudulent accounting entries, including, among others, some of those described above.
Dewey’s fortunes did not improve in future years. To misrepresent compliance with the cash flow covenant and other covenants, individuals at the firm, at the direction of Davis, DiCarmine, and Sanders, continued to make fraudulent accounting entries like those described above, as well as other fraudulent entries.
In fact, Dewey’s financial condition was so poor in 2009 that Davis, DiCarmine, and Sanders realized that, despite planning millions of dollars in fraudulent adjustments for that year, they would be unable to come up with enough fraudulent adjustments by year-end to show compliance with the cash flow covenant. As a result, Sanders sought a waiver of the covenant from the banks. The cash flow covenant floor was reduced, but the banks placed additional conditions on Dewey, which caused additional financial pressure.
When Dewey was unable to meet even the reduced cash flow covenant level in 2009, individuals at the firm, under the direction of Davis, DiCarmine, and Sanders, again made fraudulent adjustments to Dewey’s accounting records falsely to show compliance with this and another covenant. In 2010 and 2011, they continued making additional fraudulent adjustments falsely to show compliance with covenants, to reduce the impact of a covenant breach, and to hide Dewey’s true financial condition.
The April 2010 Private Placement and Revolving Line of Credit
In April 2010, Dewey refinanced its debt with a $150 million private placement of securities with insurance companies and a $100 million revolving line of credit with banks. To obtain this financing, individuals at the firm, including Davis, DiCarmine, Sanders, and others acting at their direction misrepresented Dewey’s financial condition to potential investors and lenders. Among other things, they provided potential investors and lenders with financial statements that falsely represented that the firm had complied with its covenants.
Additionally, as part of the private placement process, individuals at Dewey provided potential investors with an offering memorandum that contained numerous misstatements, including:
- The offering memorandum purported to disclose all Dewey’s debt. It did not.
- The offering memorandum stated, in substance, that departing partners received their capital during the three years following their departure from Dewey. But in fact, individuals at the firm fraudulently reclassified draws and distributions paid to departing partners during their final year of employment as returns of capital, in order to enable Dewey to appear to meet another of its covenants.
- The offering memorandum stated that “[c]lient disbursement receivables are written-off when deemed uncollectible.” In fact, as described above, millions of dollars in client disbursement receivables that had been deemed uncollectible and written-off during 2008 were fraudulently reversed and put back on Dewey’s balance sheet in order to reduce 2008 expenses. These amounts were budgeted to be written off in 2009 instead, but millions of dollars’ worth of client disbursement receivable write-offs were reversed for year-end 2009.
Defendant Information
Charges Steven Davis, dob May 17, 1953
- grand larceny in the first degree, a class B felony, 15 counts
- scheme to defraud in the first degree, a class E felony, one count
- securities fraud, NYS Martin Act, a class E felony, one count
- falsifying business records in the first degree, a class E felony, 47 counts
- conspiracy in the fifth degree, a class A misdemeanor, one count
Charges Stephen DiCarmine, dob October 19, 1956
- grand larceny in the first degree, a class B felony, 15 counts
- scheme to defraud in the first degree, a class E felony, one count
- securities fraud, NYS Martin Act, a class E felony, one count
- falsifying business records in the first degree, a class E felony, 44 counts
- conspiracy in the fifth degree, a class A misdemeanor, one count
Charges Joel Sanders, dob March 10, 1958
- grand larceny in the first degree, a class B felony, 15 counts
- scheme to defraud in the first degree, a class E felony, one count
- securities fraud, NYS Martin Act, a class E felony, one count
- falsifying business records in the first degree, a class E felony, 88 counts
- conspiracy in the fifth degree, a class A misdemeanor, one count
Charges Zachary Warren, dob October 5, 1984
- scheme to defraud in the first degree, a class E felony, one count
- falsifying business records in the first degree, a class E felony, six counts
- conspiracy in the fifth degree, a class A misdemeanor, one count
Press and Political Elites Blistered by NRA's CEO Wayne LaPierre at @ACUConservative Conference
National Rifle Association CEO Wayne LaPierre delivered a blistering campaign-style speech Thursday, blaming the media and gun-control proponents for a decline in American economic standing and for threatening "God-given" gun rights.
"You feel it in your heart, you know it in your gut: Something has gone wrong" in America, LaPierre told a packed audience at the Conservative Political Action Conference. "Neighborhood streets once filled with skateboards ... and laughter in the air are now filled with silence."
LaPierre, who received the loudest applause of any speakers so far at the conference, put the blame squarely on the media and "political elites," saying that Americans feel their freedoms "slipping away."
"You feel it in your heart, you know it in your gut: Something has gone wrong" in America, LaPierre told a packed audience at the Conservative Political Action Conference. "Neighborhood streets once filled with skateboards ... and laughter in the air are now filled with silence."
LaPierre, who received the loudest applause of any speakers so far at the conference, put the blame squarely on the media and "political elites," saying that Americans feel their freedoms "slipping away."
Wednesday, March 05, 2014
Evans #Easy Lewis Pleads Guilty to Drug-Related Murder
Evans Lewis, a/k/a “Easy,” 22, a resident of New Orleans, pleaded guilty to the murder of Gregory Keys and shooting of Kendrick Smothers during the course of a drug trafficking crime, announced U.S. Kenneth Allen Polite, Jr. In December 2011, Lewis and co-defendant Gregory Stewart, a/k/a “Rabbit,” a/k/a “D-Nice,” 22, were charged with participating in the homicide of Keys and the shooting of Smothers. Stewart’s trial is scheduled for July 14, 2014.
Lewis’s guilty plea resulted from a multi-year investigation of a heroin trafficking organization that operated in an area known as the “G-Strip” in New Orleans. The G-Strip is an area encompassing the 1300 block of Gallier Street in the Ninth Ward of New Orleans. Many of the members of the G-Strip were also affiliated with a gang known as the 39ers, an alliance of heroin traffickers in the Third and Ninth Wards of New Orleans. To date, 11 individuals related to the G-Strip organization have pleaded guilty to drug trafficking-related offenses.
According to Court records, on or about May 24, 2011, Lewis and Stewart knowingly carried and used two firearms, a 40-caliber semi-automatic handgun and a 7.62-caliber assault rifle, during and in relation to the commission of a drug trafficking crime and, in the course of this violation, caused the death of Keys through the use of a firearm.
Lewis will be sentenced on July 17, 2014, at 10:00 a.m. He faces a maximum penalty of life imprisonment, a $250,000 fine, and a period of supervised release of not more than five years.
Lewis’s guilty plea resulted from a multi-year investigation of a heroin trafficking organization that operated in an area known as the “G-Strip” in New Orleans. The G-Strip is an area encompassing the 1300 block of Gallier Street in the Ninth Ward of New Orleans. Many of the members of the G-Strip were also affiliated with a gang known as the 39ers, an alliance of heroin traffickers in the Third and Ninth Wards of New Orleans. To date, 11 individuals related to the G-Strip organization have pleaded guilty to drug trafficking-related offenses.
According to Court records, on or about May 24, 2011, Lewis and Stewart knowingly carried and used two firearms, a 40-caliber semi-automatic handgun and a 7.62-caliber assault rifle, during and in relation to the commission of a drug trafficking crime and, in the course of this violation, caused the death of Keys through the use of a firearm.
Lewis will be sentenced on July 17, 2014, at 10:00 a.m. He faces a maximum penalty of life imprisonment, a $250,000 fine, and a period of supervised release of not more than five years.
Transnational #OrganizedCrime Groups Target US-based Attorneys with Debt Collection Wire Fraud Scheme
Organized crime groups are using a sophisticated debt collection scheme to defraud attorneys in the United States, according to a recent FBI report.
The FBI has issued an advisory describing the scam and urging fraud victims to report crimes to a local FBI office or the Internet Crime Complaint Center.
The advisory says transnational organized crime (TOC) groups “hire unwitting attorneys to represent them for a fraudulent legal scenario, solicit them to deposit large counterfeit checks into their client trust accounts, and then persuade them to immediately wire the deposited amount to a foreign bank account controlled by members of the TOC group.”
According to the advisory, the FBI has received numerous complaints from victims nationwide. Members of the TOC group contacted the attorneys misrepresenting themselves as German of English companies in a loan dispute with a U.S. company. Initial contact is often made using email or social networking sites, such as LinkedIn.
“The perpetrator informs the victim that the foreign company is looking for a US-based attorney to help settle debt litigation with a US business,” the advisory states. “The reason for the alleged dispute may relate to defaulted loan repayment or an attempt to recoup losses for a purchase in which the item was never received.”
The perpetrator then informs the attorney that the U.S. business has contacted the foreign business and will immediately make a partial or full payment directly to the victim. The scammer then sends a fake cashier’s check to the lawyer.
The scammer directs the attorney to deposit the check into the lawyer’s trust account and take a retainer fee from the funds. If the attorney deposits the check, the bank may make funds available before the check fully clears.
The perpetrator will then send instructions to quickly wire the deposited money to a foreign bank account, such as accounts in Japan, hoping the transaction will take place before the check clears.
If the scam is successful, the bank will later notify the victimized attorney that the cashier’s check was counterfeit and the lawyer’s trust account suffers the loss.
Lawyers who encounter situations like this should verify a check’s authenticity from bank officials before depositing a check. Lawyers should also independently contact the U.S. business from which the perpetrator purports to be collecting money.
The FBI has issued an advisory describing the scam and urging fraud victims to report crimes to a local FBI office or the Internet Crime Complaint Center.
The advisory says transnational organized crime (TOC) groups “hire unwitting attorneys to represent them for a fraudulent legal scenario, solicit them to deposit large counterfeit checks into their client trust accounts, and then persuade them to immediately wire the deposited amount to a foreign bank account controlled by members of the TOC group.”
According to the advisory, the FBI has received numerous complaints from victims nationwide. Members of the TOC group contacted the attorneys misrepresenting themselves as German of English companies in a loan dispute with a U.S. company. Initial contact is often made using email or social networking sites, such as LinkedIn.
“The perpetrator informs the victim that the foreign company is looking for a US-based attorney to help settle debt litigation with a US business,” the advisory states. “The reason for the alleged dispute may relate to defaulted loan repayment or an attempt to recoup losses for a purchase in which the item was never received.”
The perpetrator then informs the attorney that the U.S. business has contacted the foreign business and will immediately make a partial or full payment directly to the victim. The scammer then sends a fake cashier’s check to the lawyer.
The scammer directs the attorney to deposit the check into the lawyer’s trust account and take a retainer fee from the funds. If the attorney deposits the check, the bank may make funds available before the check fully clears.
The perpetrator will then send instructions to quickly wire the deposited money to a foreign bank account, such as accounts in Japan, hoping the transaction will take place before the check clears.
If the scam is successful, the bank will later notify the victimized attorney that the cashier’s check was counterfeit and the lawyer’s trust account suffers the loss.
Lawyers who encounter situations like this should verify a check’s authenticity from bank officials before depositing a check. Lawyers should also independently contact the U.S. business from which the perpetrator purports to be collecting money.
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