Richard Altomare, Former CEO of Universal Express, Sentenced in Securities Fraud Scheme

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Richard Altomare, 65, of Palm Beach County, was sentenced yesterday for his participation in a securities fraud “pump and dump” scheme. Altomare was sentenced to 37 months in prison, to be followed by three years of supervised release.

On February 21, 2014, a federal jury in Fort Lauderdale convicted Altomare on four counts, including one count of mail fraud and three counts of securities fraud.

According to the indictment and evidence presented during the trial, Altomare was the former CEO of Universal Express Inc. Between 2000 and 2003, Altomare and other company insiders sold 500 million unregistered shares of Universal stock to the public and then issued a series of false press releases in order to offset the resultant negative pressure on the stock price. On March 8, 2007, a final judgment in a civil action brought by the Securities and Exchange Commission was entered against Altomare. Among other things, the order prohibited Altomare from “participating in an offering of penny stock, including engaging in activities with a broker, dealer, or issuer for the purposes of issuing, trading, or inducing or attempting to induce the purchase or sale of any penny stock.”

Despite the order, Altomare persuaded a start-up financial services firm based in Jacksonville called Sunset Brands Inc. (SSBN), whose shares traded on the over the counter penny stock market, to bring him in as a consultant to attract investors and help write their press releases. Instead, Altomare used his access to the company to carry out a pump and dump scheme to defraud investors. In early 2013, Altomare met with a former business associate and conceived a scheme to artificially inflate the share price and trading volume of SSBN stock to enrich himself and his associate. Unbeknownst to Altomare, his former associate had become an informant for the FBI. During recorded conversations and meetings with the informant, Altomare promised to compensate him with SSBN stock to induce his cooperation in the scheme. Altomare’s plan was to have his former associate purchase shares of SSBN stock to mislead investors into believing that SSBN’s share price was rising and that there was a public market for SSBN stock. Altomare also used his access to SSBN’s press releases to further the scheme. Altomare agreed to cause SSBN, which was unaware of his plans, to issue positive press releases about the company to follow and coincide with the illegally induced purchasing by the informant. The purpose of the press releases was to make it appear that SSBN’s stock price was rising because of the positive news and to conceal the market manipulation scheme from regulatory authorities. Altomare’s plan was to sell, or dump, the stock he and the informant controlled after the share price had been artificially inflated and then split the proceeds with the informant.

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Smith Advertising Company Executives Arrested for Fraud

United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Gary Todd Smith (45), a/k/a Todd, and Gary Truman Smith (69), a/k/a Gary, both of Fayetteville, North Carolina, with wire fraud affecting a financial institution. If convicted, each faces a maximum penalty of 30 years in federal prison.

According to the complaint, Gary and Todd Smith ran Smith Advertising. The pair was allegedly involved in a fraud scheme that involved borrowing money (called bridge loans) for Smith Advertising to purportedly pre-purchase advertising space. They also borrowed money on outstanding invoices (called factoring) for Smith Advertising. Each loan, to the extent that it was repaid, was repaid by new loans. The underlying collateral for the loans was, where produced, fake invoices. Smith Advertising maintained a real and a false set of record books. On the date the company ceased operations, the total assets for the corporation were, according to their real books, valued at -$63,723,391.55, and the total equity was -$103,140,084.68.

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Columbian Vinston Boxton-Moises Pleads Guilty to Cocaine Conspiracy Charge

United States Attorney A. Lee Bentley, III announces that Vinston Boxton-Moises (48, San Andres Island, Colombia, South America) pleaded guilty to conspiring with others to distribute five kilograms or more of cocaine, knowing that the cocaine would be unlawfully imported into the United States. Boxton faces a mandatory minimum penalty of 10 years in federal prison and up to a maximum term of life imprisonment.

According to the plea agreement, between 2010 and 2013, Boxton was a knowing and willing participant in an ongoing plan to smuggle cocaine by sea. The cocaine was ultimately destined for unlawful importation into the United States. Boxton’s roles in the conspiracy included recruiting and paying mariners and mechanics, contracting for the use of smuggling and lookout/logistics vessels, and dispatching cocaine-laden go-fast vessels (GFVs).

Boxton is accountable for the GFV TAUPLY that was interdicted by the United States in the Caribbean Sea on May 31, 2012, approximately 85 nautical miles southeast of Nicaragua. The TAUPLY interdiction resulted in the seizure of approximately 1,000 kilograms of cocaine. Boxton arranged for the recruitment and payment of the mariners who ultimately operated TAUPLY and attempted to smuggle the cocaine. The government of Colombia consented to the enforcement of United States law over the TAUPLY, its illicit cargo (cocaine), and crew. The five mariners embarked in TAUPLY were successfully prosecuted in the United States for violations of the Maritime Drug Law Enforcement Act, first arriving at a place in the Middle District of Florida.

Boxton was arrested on San Andres Island, Colombia, in August 2013 and subsequently extradited to the United States for prosecution. As a direct result of his participation in the conspiracy, Boxton obtained at least $1 million in proceeds.

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HUGE NATIONWIDE SYNTHETIC DRUG TAKEDOWN #ProjectSynergyPhaseII continues attack on drug networks, sources of supply, global money flow

The Drug Enforcement Administration (DEA), Customs and Border Protection (CBP), Immigration and Customs Enforcement Homeland Security Investigations (HSI), Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS) and other federal, state, and local partners announced the culmination of Project Synergy Phase II, an ongoing effort targeting every level of the dangerous global synthetic designer drug market. Since January and leading up to early this morning, nationwide enforcement operations have taken place targeting these drug trafficking organizations that have operated in communities across the country.

The second phase of the Project Synergy, which began January 2014, culminated this morning in 29 states, involves more than 45 DEA offices serving nearly 200 search warrants.  As of today, more than 150 individuals have been arrested and federal, state and local law enforcement authorities have seized hundreds of thousands of individually packaged, ready-to-sell synthetic drugs as well as hundreds of kilograms of raw synthetic products to make thousands more.  Additionally, more than $20 million in cash and assets were seized.  These numbers are expected to grow as investigations continue.

The Special Operations Division-coordinated Project Synergy initiative is aimed at bringing together federal, state, local, and international law enforcement resources to target the dangerous global synthetic designer drug industry through coordinated, united strategies.

In addition to targeting retailers, wholesalers, and manufacturers, many of these investigations continued to uncover the massive flow of drug-related proceeds to countries in the Middle East, including Yemen, Jordan, Syria, and Lebanon, and as well as other countries.  Investigations also targeted many trade implements such as organic leaves and packaging material used in preparation for drug re-sale and distribution. These facilitators are key players in this ever-changing designer drug industry.

Communities, families, and individuals across the United States have experienced the scourge of designer synthetic drugs, which are often marketed as herbal incense, bath salts, jewelry cleaner, or plant food. These dangerous drugs have caused significant abuse, addiction, overdoses, and emergency room visits. Those who have abused synthetic drugs have suffered vomiting, anxiety, agitation, irritability, seizures, hallucinations, tachycardia, elevated blood pressure, and loss of consciousness. They have caused significant organ damage as well as overdose deaths. Over the past five years, DEA has identified between 200 and 300 new designers drugs from eight different structural classes, the vast majority of which are manufactured in China.

“Many who manufacture, distribute and sell these dangerous synthetic drugs found out first hand today that DEA will target, find and prosecute those who have committed these crimes,” said DEA Administrator Michele M. Leonhart. “The success of Project Synergy II could not have been possible without the assistance of our state, local and foreign law enforcement partners.  We stand united in our commitment to aggressively pursue criminals who are all too willing to experiment on our children and young adults.”

“Tragically, people die every day at the hands of illegal designer drugs," said ICE Deputy Director Daniel Ragsdale, “Through operations like this, we strike a blow to drug dealers and continue an important national conversation about the dangers associated with drug use.”

“This is another example of the partnership between CBP, HSI, and DEA to share information and participate in joint efforts to keep synthetic drugs out of the country, off the streets, and out of our communities,” said CBP Commissioner R. Gil Kerlikowske. “The specialized expertise of our CBP officers as well as the unique capabilities of CBP scientists play a vital role in contributing to the seizure and identification of these potentially deadly substances at the border.”

The first phase of Project Synergy began in December of 2012, and resulted in more than 227 arrests and 416 search warrants served in 35 states, 49 cities and five countries, along with more than $60 million in cash and assets seized.   Altogether, 9,445 kilograms of individually packaged, ready-to-sell synthetic drugs, 299 kilograms of cathinone drugs (the falsely labeled “bath salts”), 1,252 kilograms of synthetic cannabinoid drugs (used to make the so-called “fake pot” or herbal incense products), and 783 kilograms of treated plant material were seized.

As was the case in the June 2013 culmination of the first phase of Project Synergy, CBP’s National Targeting Center played a significant role in the continued success of this initiative. As part of this effort, CBP was responsible for identifying and targeting high-risk express consignment shipments suspected of containing synthetic drugs. One of the keys to the success of Project Synergy is the cooperation between CBP and DEA, who routinely share information and intelligence with each other and other partners such as DHS-HSI to strengthen and further these investigations. (see B-roll video link below)

Chemists and other scientists from DEA’s Office of Forensic Science, as well as CBP scientists across the country, were instrumental in identifying synthetic drugs and compounds designed to circumvent U.S. controlled substance classifications.  The identifying of these compounds allowed investigators and prosecutors to quickly act during the course of these investigations. As a result of these cooperative efforts between DEA and CBP through the Special Operations Division, CBP has seized over 3,000 kilograms of illicit designer drugs.  Intelligence has also been shared with other nations such as Australia and other international partners, who have in turn seized hundreds of kilograms of illicit designer substances such as cannabinoids, cathinones and GHB.

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Details of Nancy Dobrowski, Former Burnham Village Clerk, Charged with Stealing at Least $650,000 from Revenue Payments and Filing False Tax Return

The former longtime elected clerk for the Village of Burnham was charged today with stealing more than $650,862 from her office at the south suburb’s village hall and using most of the cash to gamble at casinos. The defendant, Nancy Dobrowski, was charged with one count each of wire fraud and filing a false federal income tax return in a criminal information filed in U.S. District Court.

Dobrowski, 70, of Burnham, served as Burnham’s elected clerk from 1980 until she resigned on May 29, 2013, when FBI agents executed a federal search warrant at the clerk’s village hall office. Through her attorney, Dobrowski authorized the government to disclose that she will plead guilty to the charges. No date has been set yet for Dobrowski to be arraigned in federal court.

As clerk, Dobrowski was responsible for managing Burnham’s finances and depositing cash and checks collected by the clerk’s office into the village’s bank accounts.

Between at least 2004 and May 2013, Dobrowski allegedly took cash the village received as payment for fees and fines from the public. She then used most of the cash to gamble at casinos in Indiana and elsewhere either by taking cash to casinos or by depositing the money into her personal bank account and then withdrawing it from automated teller machines at casinos. She falsely represented the village’s finances to auditors and covered up her fraud scheme by causing false entries in village books, according to the charges.

As part of the fraud scheme, Dobrowski allegedly took cash from both the village cash register and the collection of money received as tow bonds. She recorded false amounts of tow bond money that had been received to make it appear that the village collected less cash than it had actually received, and sometimes she used tow bond money to balance the cash register, the charges allege.

To conceal her misappropriation of cash from the village cash register, Dobrowski waited a week to deposit cash into the village’s bank accounts instead of making daily deposits. By delaying deposits, Dobrowski could use funds received by the village in the later week to make up for funds she had taken during the prior week, making the deposit appear to match the revenues despite having taken cash from the register, the information alleges.

Dobrowski allegedly further concealed the scheme by failing to record checks received from the public as payment for village fees and services. She would place the unrecorded checks into the register to compensate for an equal amount of cash she had taken, making the register appear balanced. She provided false information to the village’s outside audit firm regarding the village’s revenues and regularly disposed of the cash register tape to conceal that the village’s revenues often did not match the deposits into village bank accounts.

Dobrowski was also charged with filing a false federal income tax return for 2012, when she reported total income of $309,181, knowing that her total income was substantially greater than that because she failed to report the cash she misappropriated from the village in 2012 as income.

Wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine or an alternate fine totaling twice the gross loss or gain, whichever is greater. Filing a false federal income tax return carries a maximum penalty of three years in prison, a $250,000 fine, and mandatory costs of prosecution. Restitution is mandatory and defendants convicted of tax offenses remain liable for back taxes, interest, and a civil penalty of up to 75 percent of the amount owed.

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