District of New Jersey

CAMDEN, N.J. – An Atlantic County, New Jersey, man today admitted conspiring to defraud the IRS of $119,880 in income taxes over approximately three years, U.S. Attorney Paul J. Fishman announced today.

William Boland, 57, of Ventnor City, New Jersey, pleaded guilty before U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with one count of conspiracy to defraud the United States.

According to documents filed in the case and statements made in court:

Boland and two conspirators were partners in Royal Rolling Chairs Inc., a business based in Atlantic City, New Jersey, that provided rolling chair transportation services to patrons on the Atlantic City boardwalk. Boland and his two partners were responsible for accurately reporting income received by the business to the IRS. 

Boland admitted that he and his two partners hid gross cash receipts from the operation of the business and did not report this revenue to the IRS. He admitted the business maintained a second set of books, which tracked the unreported cash revenue taken out of the business. The total tax loss from the conspiracy was $119,800.

The count of conspiracy to defraud the United States carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gain or loss from the offense. Sentencing is currently scheduled for May 4, 2015.

U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, and special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Matthew J. Skahill of the U.S. Attorney=s Office Special Prosecutions Division in Camden and Trial Attorney Tino Lisella of the Tax Division of the U.S. Department of Justice.

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Defense counsel: John J. Zarych Esq., Northfield, N.J.

Boland, William Information

NEWARK, N.J. – Two Philadelphia men were arrested this morning for allegedly conspiring to extort victims to load prepaid debit cards with funds that were stolen as part of the scheme, U.S. Attorney Paul J. Fishman announced.

Special agents of the FBI and U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI) arrested Alpeshkumar Patel, 30, and Vijaykumar Patel, 39, of Philadelphia at Vijaykumar Patel’s home on a complaint charging them with conspiracy to commit wire fraud. The pair, who are not related, are expected to appear this afternoon before U.S. Magistrate Judge Mark Falk in Newark federal court.

According to the complaint unsealed today:

From September 2013 through March 2014, Alpeshkumar Patel and Vijaykumar Patel were part of a conspiracy to steal money using reloadable debit cards. First, the conspirators would purchase reloadable Green Dot Cards, and register them in names other than their own. The conspirators – some of whom were located in India – contacted victims by phone and used threats or deceit to induce them to put money on MoneyPak cards, which are used along with assigned PIN codes to add funds to Green Dot Cards. The conspirators then used the reloadable cards to purchase money orders that were deposited into bank accounts. All of the steps were taken quickly so law enforcement and victims could not identify the conspirators or prevent or reverse the fraudulent transfers.

As one example, a retail store located in New Jersey received a telephone call from an unknown caller on Sept. 10, 2013. The caller said there was a bomb in the store and the store manager had five minutes to comply with the caller’s demands or the bomb would detonate. The caller then demanded the manager load 10 $500 MoneyPak cards and provide the caller with the associated PIN codes.  The manager had provided the code for one card before law enforcement arrived at the store, instructed the manager to hang up the phone, and evacuated the building.

The $500 associated with that code was transferred to an existing prepaid reloadable Green Dot Card. Surveillance video showed Alpeshkumar Patel in the Philadelphia CVS where the Green Dot Card was bought. That card was then used by Vijaykumar Patel, who was caught on video purchasing two money orders in a Philadelphia Wal Mart. The money orders, in turn, were used to deposit funds into a bank account.

Phone numbers and IP addresses associated with the Sept. 10, 2013, call and other calls tied to the conspiracy were tied to approximately 2,500 Green Dot Cards that were funded in excess of $5.8 million.

The charge of conspiracy to wire fraud carries a maximum potential penalty of 20 years in prison and a fine of the greater of $250,000, or twice the gross profits to the defendants or twice the gross loss suffered to the victims of the offense.

U.S. Attorney Fishman credited special agents, detectives and investigators assigned to the Joint Terrorism Task Force, under the direction of FBI Special Agent in Charge Aaron T. Ford in Newark, under the direction of FBI Special Agent in Charge Edward J. Hanko in Philadelphia, and special agents of HSI, under the direction of Special Agent in Charge Andrew McLees in Newark, with the ongoing investigation. Special agents of HSI, under the direction of Special Agent in Charge John Kelleghan in Philadelphia, assisted with the arrest.

The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Economic Crimes Unit in Newark.

The charges and allegations contained in the complaint are merely accusations and the defendants are considered innocent unless and until proven guilty.

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Defense counsel: Alpeshkumar Patel: Assistant Federal Public Defender K. Anthony Thomas Esq., Newark
Vijaykumar Patel: James A Plaisted Esq., Roseland, New Jersey

Patel, Alpeshkumar and Vijaykumar Complaint

Defendant Managed a “Cash-Out” Crew for Organization that Allegedly Capitalized on Information Hacked From Customers of More Than a Dozen Global Financial Institutions

TRENTON, N.J. – A member of an international cybercrime, identity theft and credit card fraud conspiracy was sentenced today to 21 months in prison for using information hacked from customer accounts held at more than a dozen banks, brokerage firms, payroll processing companies and government agencies in an attempt to steal at least $15 million from American customers, U.S. Attorney Paul J. Fishman announced.

Robert Dubuc, 41, of Malden, Massachusetts, previously pleaded guilty before U.S. District Judge Peter G. Sheridan to an information charging him with one count of wire fraud conspiracy and one count of conspiracy to commit access device fraud and identity theft. Judge Sheridan imposed the sentence today in Trenton federal court.

According to documents filed in the case and statements made in court:

Both Dubuc and Oleg Pidtergerya, 50, of Brooklyn, New York, were asked by leaders of the conspiracy to participate in a scheme to “cash out” bank accounts and pre-paid debit cards opened in the names of others. Oleksiy Sharapka, 34, of Kiev, Ukraine, allegedly directed the conspiracy with the help of Leonid Yanovitsky, 39, also of Kiev. Pidtergerya managed a cash-out crew in New York for Sharapka and Yanovitsky, and defendant Dubuc controlled a cash-out crew in Massachusetts for the organization.

Conspiring hackers first gained unauthorized access to the bank accounts of customers of more than a dozen global financial institutions and businesses, including: Aon Hewitt; Automatic Data Processing Inc.; Citibank N.A.; E-Trade; Electronic Payments Inc.; Fundtech Holdings LLC, iPayment Inc.; JP Morgan Chase Bank N.A.; Nordstrom Bank; PayPal; TD Ameritrade; U.S. Department of Defense, Defense Finance and Accounting Service; TIAA-CREF; USAA; and Veracity Payment Solutions Inc.

After obtaining unauthorized access to the bank accounts, Sharapka and Yanovitsky diverted money to other bank accounts and pre-paid debit cards they controlled. They then implemented a sophisticated “cash-out” operation, employing crews of individuals known as “cashers” to withdraw the stolen funds from the fraudulent accounts, among other ways, by making ATM withdrawals and fraudulent purchases in New York, Massachusetts, Illinois, Georgia and elsewhere. Both Sharapka and Yanovitsky are under indictment in the United States and remain at large.

During their guilty plea proceedings, Pidtergerya and Dubuc admitted they were aware fraudulent accounts and cards were created without the consent of the individuals in whose names they were opened. Both men admitted coordinating ATM and bank withdrawals of the stolen funds. In addition they admitted to sending proceeds of the fraud to Sharapka and Yanovitsky in Ukraine.  

The government’s ongoing investigation into the organization has so far identified attempts to defraud the victim companies and their customers of more than $15 million.

In addition to the prison term, Judge Sheridan sentenced Dubuc to serve three years of supervised release and pay restitution in the amount of $338,685.  Sentencing for Pidtergerya is scheduled for Dec. 22, 2014.

U.S. Attorney Fishman credited the U.S. Secret Service, under the direction of Special Agent in Charge James Mottola; U.S Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees; Department of Defense, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Jeffery D. Thorpe, Cyber Field Office; and IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, with the ongoing investigation.

The government is represented by Economic Crimes Unit Chief Gurbir S. Grewal of the U.S. Attorney’s Office in Newark.

The charges contained in the indictment against Sharapka and Yanovitsky are merely allegations and the defendants are presumed innocent unless and until proven guilty.

This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.stopfraud.gov.   

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Defense counsel: Dubuc: Angelo Servidio Esq., Nutley, N.J.

Also Must Register as Sex Offender

NEWARK, N.J. - A Louisiana man was sentenced today to eight months in prison for sexually touching a sleeping woman who did not know him aboard a flight from Houston to Newark Liberty International Airport, U.S. Attorney Paul J. Fishman announced.

Devender Singh, 62, an Indian national who lives in Baton Rouge, Louisiana, previously pleaded guilty before U.S. District Judge Stanley R. Chesler to an information charging him with abusive sexual contact. Judge Chesler imposed the sentence today in Newark federal court.

According to the documents filed in this case and statements made in court:

Singh was seated next to a woman who occupied a window seat on a United Airlines flight from Houston to Newark. While the plane was in the air, the woman fell asleep. She awoke to find Singh kissing her face with his hand inside her shirt.

After pushing Singh off of her and telling him to get away, the woman went to the back of the plane and told a flight crew member what had happened, asking that the police be present when the plane landed.

The federal government has exclusive jurisdiction over all sexual abuse cases that occur on aircraft in flight in the United States.

In addition to the prison term, Judge Chesler sentenced Singh to serve two years of supervised release and required him to register as a sex offender.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, and the Port Authority Police Department, under the direction of Superintendent Michael A. Fedorko, with the investigation.

The government is represented by J. Jamari Buxton of the U.S. Attorney’s Office Criminal Division in Newark.

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Defense counsel: Candace Hom Esq., Assistant Federal Public Defender, Newark

Charged Last Week in Similar Scheme

CAMDEN, N.J. – A Franklinville, New Jersey, man was arrested today by federal agents of the U.S. Postal Inspection Service – for the second time this month – for allegedly mailing fraudulent invoices for non-existent advertisements to colleges and trade schools throughout the United States, U.S. Attorney Paul J. Fishman announced.

Robert S. Armstrong, 44, was charged by superseding complaint with two counts of mail fraud. He appeared this afternoon before U.S. Magistrate Judge Karen M. Williams in Camden federal court for an initial appearance on the superseding complaint. Armstrong had previously been arrested on Oct. 16, 2014, for allegedly committing a similar mail fraud scheme.

According to documents filed in this case:

Postal inspectors learned Armstrong – while out on bail following his Oct. 16, 2014, court appearance on the initial charge – was continuing to ask for and pick up mail in the name of one of his companies, Scholastic School Supply. On Oct. 21, 2014, he picked up mail from a Post Office box in Malaga, New Jersey, which he had opened in the names of Scholastic and another of his companies, The Trend Publishing. Armstrong had retrieved mail, opened it and discarded what appeared to be two check stubs bearing the names of two colleges and written in the amount of $495 payable to Trend. A postal employee sent the discarded check stubs to postal inspectors.

A postal inspector contacted the two colleges listed on the check stubs and received a copy of the invoice from Trend addressed to Victim College 1. It appeared very similar in format to the Scholastic invoices except that it sought payment for what is believed to be advertising for the college: $495 for a 5-inch by 8-inch glossy ad to be placed in the “College Edition (Fall 2014 Edition).”  The invoice included a telephone number and a Federal Employer Identification Number (FEIN) for Trend. As with the Scholastic scheme, both numbers were phony.

The dean of finance from the second college listed on the check stubs said his office had mailed a check for $495 to Trend and that no one in the purchasing department had any knowledge of ordering any advertisement from the company.

On Oct. 22, 2014, the postal inspector received bank records from Wells Fargo Bank for accounts opened by Armstrong, including an account in the name of Trend. From July 2014 through August 2014, Armstrong deposited 59 checks for $495 each from various colleges and trade schools throughout the United States – including a law school and a medical school – for a total of $29,205. Bank records revealed that he deposited additional $495 checks from various businesses, several of which appear to be related to automobile sales and service.

Employees at three additional colleges confirmed to postal inspectors that they had received invoices from Trend seeking payment for $495 for similar advertising and they mailed payments to Trend. They also said they did not know what the “College Edition (Fall 2014 Edition)” was.

On Oct. 16, Armstrong was arrested and charged with mail fraud for allegedly mailing more than 73,000 fraudulent invoices for non-existent workbooks to schools throughout the United States.

Each count of mail fraud is punishable by a maximum potential penalty of 20 years in prison and a fine of the greater of $250,000, twice the gross profits to Armstrong or twice the gross losses to the victims of his offense.

U.S. Attorney Fishman credited law enforcement officers of the U.S. Postal Inspection Service, under the direction of Inspector in Charge David Bosch in Philadelphia; the Gloucester County Prosecutor’s Office, under the direction of Prosecutor Sean F. Dalton; the Gloucester County Office of Consumer Protection, under the direction of Harold Spence, Director of Consumer Affairs; the Washington Township Police Department, under the direction of Raphael Muniz, Chief of Police; and the Franklin Township Police Department, under the direction of Mike Rock, Chief of Police, with the continuing investigation leading to today’s arrest.

Individuals with any information about possible fraudulent conduct may call postal inspectors at 877-US MAIL 5 (877-876-2455).

The government is represented by Assistant U.S. Attorney Diana Carrig of the U.S. Attorney’s Office in Camden.

The charges and accusations in the complaint are merely accusations, and the defendant is presumed innocent unless and until convicted.

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Defense counsel: Rocco C. Cipparone Jr., Esq. Haddon Heights, N.J.

Armstrong, Robert, Superseding Complaint

NEWARK, N.J. – A Dominican national who was extradited from Canada earlier this year was sentenced today to 39 months in prison for his role in one of the nation’s largest and longest-running stolen identity refund fraud schemes ever identified, U.S. Attorney Paul J. Fishman announced.
 
Alejandro Javier, 51, previously pleaded guilty before U.S. District Judge Claire C. Cecchi to an information charging him with one count of conspiracy to steal government funds and one count of theft of government funds. Judge Cecchi imposed the sentence today in Newark federal court.

Javier evaded capture until July 2, 2013, when Canadian law enforcement authorities arrested him as he tried to illegally enter Canada. He had been incarcerated there until he was extradited to New Jersey on Jan. 10, 2014.

According to documents filed in the case and statements made in court:

Stolen Identity Refund Fraud (SIRF) is a common type of fraud committed against the United States government that results in more than $2 billion in losses annually to the United States Treasury. SIRF schemes generally share a number of hallmarks: 

• SIRF perpetrators obtain personal identifying information, including Social Security numbers and dates of birth, from unwitting individuals, who often reside in the Commonwealth of Puerto Rico.
  
  
•  SIRF perpetrators complete Form 1040 Individual Income Tax Returns using the fraudulently obtained information and falsifying wages earned, taxes withheld and other data. Perpetrators use data to make it appear that the “taxpayers” listed on the fraudulent 1040 forms are entitled to tax refunds – when in fact, the various tax withholdings indicated on the fraudulent 1040s have not been paid by the listed “taxpayers,” and no refunds are due.
   
• Perpetrators direct the U.S. Treasury Department to issue the refunds through checks generated by the fraudulent 1040 forms to locations they control or can access.

• With checks now in hand, SIRF perpetrators generate cash proceeds. Certain SIRF perpetrators sell refund checks at a discount to face value. In turn, the buyers then cash the checks, either themselves or using straw account holders, by cashing checks at banks or check cashing businesses or by depositing checks into bank accounts. When cashing or depositing checks, SIRF perpetrators often present false or fraudulent identification documents in the names of the “taxpayers” to whom the checks are payable.

Federal law enforcement agencies created a multi-agency task force in New Jersey composed of investigators from the IRS and the U.S. Postal Inspection Service, along with the U.S. Secret Service and with assistance from the Drug Enforcement Administration (New Jersey Task Force).  

An investigation led by the New Jersey Task Force, with assistance from U.S. Immigration and Customs Enforcement, Homeland Security Investigations, revealed that from at least 2007, dozens of individuals in the New Jersey and New York area have been engaged in a large-scale, long-running SIRF scheme that caused more than 8,000 fraudulent 1040 forms to be filed, seeking more than $65 million in tax refunds, with more than $12 million in losses to the U.S. Treasury.

Javier and others obtained personal identifiers, such as dates of birth and Social Security numbers, belonging to Puerto Rican citizens. They used those identifiers to create fraudulent 1040 forms, which falsely reported wages purportedly earned by the “taxpayers” and taxes purportedly withheld, to create the appearance that the “taxpayers” were entitled to tax refunds. The returns were filed electronically. By tracing the specific IP addresses that submitted the electronically-filed 1040s, law enforcement officers learned that just a handful of IP addresses created many of the fraudulent 1040 forms that lead to the issuance of tax refund checks.

Conspirators purchased mail routes, that is, lists of addresses covered by a single mail carrier. Conspirators applied for refunds, inserted addresses along the mail route as the purported home addresses of the “taxpayers,” and obtained the refund checks sent to the addresses. They also applied for checks using addresses otherwise controlled by, or accessible by, certain conspirators and collected the checks after they were delivered to those addresses. During the course of the scheme, hundreds of refund checks were mailed to just a few different addresses in a few different towns, including Nutley, Somerset and Newark, New Jersey, and Shirley, New York.

After receiving the refund checks, Javier and others cashed the checks at check cashing institutions and divided the proceeds among the conspirators.

During the course of the investigation, members of the task force identified certain “hot spots” of activity and intercepted more than $22 million in refund checks – that had been applied for fraudulently – before they were delivered to members of the conspiracy.

In addition to the prison term, Judge Cecchi sentenced Javier to serve three years of supervised release and ordered him to pay restitution and forfeiture of $1,379,464.

U.S. Attorney Fishman praised special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen; the U.S. Postal Inspection Service, under the direction of Inspector in Charge Maria L. Kelokates; the U.S. Secret Service, under the direction of Special Agent In Charge James Mottola; and the Drug Enforcement Administration, under the direction of Special Agent in Charge Carl Kotowski, for the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorneys Lakshmi Srinivasan Herman, Zach Intrater, and Danielle Walsman of the U.S. Attorney’s Office Criminal Division in Newark, and Mala Harker of the Special Prosecutions Division.
 
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Defense Counsel: David Oakley Esq., Princeton, New Jersey

NEWARK, N.J. - A Bulgarian national was sentenced today to 30 months in prison for his participation in the Shadowcrew forum, an online marketplace for hacking and identity theft that was the largest of its kind when dismantled by the Department of Justice and the U.S. Secret Service in 2004, U.S. Attorney Paul J. Fishman announced.

Aleksi Kolarov, 32, previously pleaded guilty before U.S. District Judge William J. Martini to Count One of an indictment charging him with conspiracy to commit both identity theft and access device fraud. Judge Martini imposed the sentence today in Newark federal court.

According to documents filed in this case and statements made in court: Kolarov evaded capture until June 14, 2011, when Paraguayan law enforcement authorities arrested him at a hotel in Asunción, Paraguay. He was found in possession of hundreds of thousands of dollars in various currencies, counterfeit payment cards and electronic implements to re-encode cards. Prior to his extradition, he had been incarcerated by Paraguayan authorities relating to that conduct. Kolarov was extradited and arrived in the United States on June 28, 2013, escorted by U.S. Marshals.

Shadowcrew.com was an illegal online marketplace that trafficked in at least 1.5 million stolen credit and bank card numbers and caused more than $4 million in losses to the institutions issuing the cards.

Kolarov, along with the other 18 individuals charged in the indictment, participated in the international conspiracy to operate the Shadowcrew site. As part of the organization, Kolarov served as a vendor, using the site to sell illicit merchandise and services to other members. At one time, Shadowcrew.com had approximately 4,000 members dedicated to facilitating malicious computer hacking and the dissemination of stolen credit card, debit card and bank account numbers and counterfeit identification documents, such as drivers’ licenses, passports and Social Security cards. The conspiracy to commit this activity, often referred to as “carding,” facilitated the use of account numbers and counterfeit identity documents to steal identities and defraud banks and retailers. Of the 19 international participants charged in the indictment, three remain at large.

U.S. Attorney Fishman credited the U.S. Secret Service, under the direction of Special Agent in Charge James Mottola, with the investigation leading to the charges. He also thanked the Computer Crime and Intellectual Property Section and Office of International Affairs in the Department of Justice’s Criminal Division and thanked the U.S. Marshals Service for facilitating the extradition. U.S. Attorney Fishman also praised the Paraguayan authorities for their vital role.

The government is represented by Assistant U.S. Attorney Daniel Shapiro of the Computer Hacking and Intellectual Property Section of the Economic Crimes Unit in Newark.

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Defense counsel: Michael Koribanics Esq., Clifton, N.J.

NEWARK, N.J. - A former longshoreman was sentenced today to a year and a day in prison for conspiring to extort others in Local 1235 of the International Longshoremen’s Association (ILA) for Christmastime tribute payments, New Jersey U.S. Attorney Paul J. Fishman and Eastern District of New York U.S. Attorney Loretta E. Lynch announced.

Julio Porrao, 72, of Palm Coast, Florida, previously pleaded guilty before U.S. District Judge Claire C. Cecchi to conspiring to extort Christmastime tributes from the union members – count three of the second superseding indictment against him. Judge Cecchi imposed the sentence today in Newark federal court.

According to documents filed in this case and statements made in court: During his guilty plea proceeding, Porrao admitted that he conspired with others to compel tribute payments from ILA union members, who made the payments based on actual and threatened force, violence and fear. The timing of the extortions typically coincided with the receipt by certain ILA members of “Container Royalty Fund” checks, a form of year-end compensation. Porrao had already retired from his employment on the New Jersey piers at the time of his arrest.

Charges are still pending against three defendants in the superseding indictment, including a racketeering conspiracy charge against Stephen Depiro, 59, of Kenilworth, New Jersey – a soldier in the Genovese organized crime family of La Cosa Nostra. Since at least 2005, Depiro has managed the Genovese family’s control over the New Jersey waterfront – including the nearly three-decades-long extortion of port workers in ILA Local 1, ILA Local 1235, and ILA Local 1478. Members of the Genovese family, including Depiro, are charged with conspiring to collect tribute payments from New Jersey port workers at Christmastime each year through their corrupt influence over union officials, including the last three presidents of Local 1235.

Two other Genovese family associates charged in the case are former union officials: Albert Cernadas, 79, of Union, New Jersey, the president of ILA Local 1235 from approximately 1981 to 2006 and former ILA executive vice president; and Nunzio LaGrasso, 63, of Florham Park, New Jersey, the former vice president of ILA Local 1478 and former ILA representative.

In addition to the prison term, Judge Cecchi sentenced Porrao to serve two years of supervised release and pay a fine of $5,000. LaGrasso and Nicolosi still await sentencing.

U.S. Attorneys Fishman and Lynch credited the FBI in New Jersey, under the direction of Special Agent in Charge Aaron T. Ford, and in New York, under the direction of Assistant Director in Charge George Venizelos, as well as the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Acting Special Agent in Charge Cheryl Garcia, with the investigation. They also thanked the Waterfront Commission of New York Harbor for its cooperation and assistance in the investigation.

The government is represented by Assistant U.S. Attorney Jacquelyn M. Kasulis of the U.S. Attorney’s Office, Eastern District of New York, and Assistant U.S. Attorney Anthony Mahajan, of the U.S. Attorney’s Office, District of New Jersey.

The charges and allegations against the remaining defendants are merely accusations and they are considered innocent unless and until proven guilty.

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Defense counsel:   Julio Porrao: Erik Hassing Esq., Flanders, New Jersey

NEWARK, N.J. – A Newark man was sentenced today to 50 months in prison for committing two armed robberies of commercial establishments in Essex County, New Jersey, U.S. Attorney Paul J. Fishman announced. 

Antwon Yarbrough, 28, previously pleaded guilty before U.S. District Judge William H. Walls to an information charging him with one count of conspiring to commit Hobbs Act robberies. Judge Walls also imposed the sentence today in Newark federal court.

According documents filed in this case and statements made in court:

Between April 2013 and May 2013, Yarbrough conspired with others to rob a Krauszers store in West Orange on April 24, 2013, and a Subway restaurant in Verona on May 20, 2013. Yarbrough and his conspirators robbed these establishments at gunpoint. In each robbery, they used plastic zip ties to restrain their victims. The conspirators then stole cash, cigarettes and other items.

In the Krauszers robbery on April 24, 2013, Yarbrough and another robber entered the store wearing dark hoodies, face masks, and gloves. Yarbrough secured the door from the inside using a zip tie, while the other robber pointed a firearm at an employee and forced the employee to the floor. The robber restrained the employee with zip ties and struck the employee in the head with the gun. Yarbrough restrained the hands and feet of two other victims, one of whom he struck in the head with his forearm. Yarbrough and another robber then emptied the cash register of several hundred dollars, stole several cartons of cigarettes, and fled.

In the Subway robbery on May 20, 2013, Yarbrough and two other robbers again entered the restaurant wearing dark hoodies, face masks, and gloves. Both robbers accompanying Yarbrough brandished firearms. After entering the restaurant, the robbers restrained an employee by tying the employee’s hands and feet with zip ties. The robbers then emptied the cash register of several hundred dollars and fled.

Two others involved with these and other robberies – Bobby Dawson, 31, and Jamar Darby, 27, both of Newark – were each sentenced to serve 225 months in prison in July and October 2014, respectively.

In addition to the prison term, Judge Walls sentenced Yarbrough to serve three years of supervised release.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation. He also thanked the Belleville, Bloomfield, Kearny, Linden, Maplewood, Newark, Paramus, Verona and West Orange police departments, along with the New Jersey State Police and the Essex County Prosecutor’s Office, for their work on this case.

The government is represented by Assistant U.S. Attorneys Jamari Buxton and Rahul Agarwal of the U.S. Attorney’s Office Criminal Division in Newark.

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Defense counsel: Stacy Biancamano Esq., West Orange

NEWARK, N.J. - The former chief executive officer of a New Jersey company that provided pharmacy dispensing services was indicted today by a federal grand jury for allegedly filing false tax returns, U.S. Attorney Paul J. Fishman announced.

Gary J. Sekulski, 67, of Flanders, New Jersey, was charged with the filing of false federal income tax returns for tax years 2007, 2008 and 2009.  Sekulski is expected to surrender for an arraignment before a federal judge on a date to be determined.

According to the indictment:

Sekulski was the CEO and President of Healthcare Corporation of America (HCA), a New Jersey company that controlled a pharmacy dispensing service to public and non-profit entities and served as a holding corporation for a number of wholly owned subsidiaries.

For tax years 2007, 2008, and 2009, Sekulski understated the amount of income that he received from HCA and other sources on his federal income tax returns. Sekulski then signed the returns under penalty of perjury and caused them to be filed with the IRS.

During that time, Sekulski sold shares of company stock, received settlement payments, and paid company money into his personal bank account without reporting any of the resulting income. In all, Sekulski failed to report approximately $353,000 in taxable income.

Each of the three tax counts carries a maximum potential penalty of three years in prison and a $250,000 fine together with the costs of prosecution.

U.S. Attorney Fishman credited special agents of IRS – Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen for the investigation,  and thanked special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, for their valuable assistance.

The government is represented by Assistant U.S. Attorney Lee M. Cortes Jr., of the U.S. Attorney’s Office in Newark.

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Defense counsel: William C. Cagney Esq., New Brunswick, New Jersey

Sekulski, Gary Indictment

TRENTON, N.J. – Two Newark men today admitted their involvement in a scheme to smuggle contraband, including marijuana and cell phones, into the Essex County Jail, a federal pretrial detention facility, U.S. Attorney Paul J. Fishman announced.

Darsell Davis, 29, pleaded guilty before U.S. District Judge Mary L. Cooper to an information charging him with one count of conspiring with others to commit extortion under color of official right. Dwayne Harper, 30, pleaded guilty before Judge Cooper to an information charging him with one count of conspiring to smuggle contraband into the Essex County Jail. Davis has been released on bail and Harper remains in custody.

According to the documents filed in this case and other cases and statements made in court:

On multiple occasions between September 2013 and May 2014, Stephon Solomon, 26, a corrections officer at the Essex County Jail, smuggled contraband – including cell phones, tobacco, and marijuana – to Quasim Nichols, 29, a federal pretrial detainee at the Essex County Jail, in exchange for cash bribes. Davis and Harper aided the smuggling scheme by collecting the contraband to be smuggled into the jail. After receiving contraband and cash bribes from Davis, Solomon smuggled the contraband to Nichols, who ultimately sold some of the marijuana and cell phones to other inmates. The inmates purchased the contraband by having friends and family send Western Union money transfers to Nichols, who then enlisted Davis and others to retrieve those payments for him. Davis obtained at least $4,300 in Western Union payments over the course of the conspiracy.

Charges against Nichols are still pending. The charges and allegations against Nichols are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Solomon pleaded guilty on Oct. 1, 2014, to one count of conspiring to commit extortion under color of official right and awaits sentencing on Jan. 21, 2015. He has been released on bail.

The charge of conspiring to commit extortion under color of official right, to which Davis pleaded guilty, carries a maximum potential penalty of 20 years in prison and a maximum fine of $250,000. Davis also will forfeit $4,300, consisting of his proceeds from the conspiracy. The charge of conspiring to provide contraband, including marijuana, to inmates at the Essex County Jail, to which Harper pleaded guilty, carries a maximum potential penalty of five years in prison and a maximum fine of $250,000.

Davis and Harper are set to be sentenced before Judge Cooper on Feb. 11, 2015, and Feb. 4, 2015, respectively.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, and investigators with the Internal Affairs Division of the Essex County Jail, under the leadership of Warden Roy Hendricks, with the investigation leading to today’s guilty pleas.

The government is represented by Assistant U.S. Attorneys Rahul Agarwal of the U.S. Attorney’s Office Special Prosecutions Division and Robert Frazer of the Criminal Division, Organized Crime/Gangs Unit, in Newark.

14-380                                  

Defense counsel: Davis: Maria Noto Esq., Matawan, N.J.
Dwayne Harper: Michael Pedicini Esq., Morristown, N.J.

Davis, Darsell Information
Harper, Dwayne Information

NEWARK, N.J. – A receptionist previously employed by a medical office in Kearny, New Jersey, today admitted embezzling more than $446,000 from her former employer, using fraudulent credit cards to obtain more than $200,000 in goods and services and evading taxes on that illegal income, U.S. Attorney Paul J. Fishman announced.

Gwendolyn Muller, 53, formerly of Kearny, pleaded guilty before U.S. District Judge William J. Martini in Newark federal court to an information charging one count each of embezzlement, credit card fraud and tax evasion.

According to documents filed in this case and statements made in court:

From 2007 through 2011, Muller used her position at the medical practice to take, cash, and conceal more than $446,000 in checks paid by insurance companies to the medical practice for services to patients. At various times during this same period, Muller also fraudulently obtained 10 credit cards in the name of a principal of the medical practice and used those cards to charge more than $218,000 in goods and services – a portion of which Muller paid for with embezzled funds. Muller also admitted to filing a false tax return to evade the payment of taxes on this illegally obtained income.

The embezzlement and credit card counts to which Muller pleaded guilty each carry a maximum potential penalty of 10 years in prison, and the tax count carries a maximum potential penalty of five years in prison. All three counts are also punishable by a fine of $250,000, or twice the gross loss or gain caused by the offense. Sentencing is scheduled for Feb. 19, 2015. Under terms of the plea agreement, Muller is required to forfeit $556,000 to the United States.   

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, and IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, with the investigation leading to today’s guilty plea.

The government is represented by Senior Litigation Counsel Andrew Leven of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.

U.S. Attorney Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $540 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.

14-378                                              

Defense counsel: Donald Rinaldi Esq., Nutley, N.J.

Muller, Gwendolyn Information

NEWARK, N.J. – The owner of Reliable Wood Products (Reliable Wood) today admitted his role in a conspiracy to steal at least $100,000 worth of water from the Jersey City Municipal Utilities Authority (JCMUA), U.S. Attorney Paul J. Fishman announced.

Nicholas Vene, 43, of Holmdel, New Jersey, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging him with one count of conspiracy to commit mail fraud.

According to the documents filed in this case and statements made in court:

From January 2007 through March 31, 2012, Vene and others diverted the water flowing from a Jersey City water pipe to 1 Caven Point in Jersey City and away from the water meter on that pipe. United Water New Jersey was responsible for collecting payment on behalf of the JCMUA for water used by residents and businesses in Jersey City, and Vene’s actions resulted in United Water obtaining a false calculation of the volume of water used at 1 Caven Point by under-reporting such usage. At 50 Caven Point, another Reliable Wood location, Vene was aware of the use of a water pipe that was unmetered. In early 2012, Vene caused monthly payments by check to be mailed to the JCMUA that did not accurately cover the actual cost of water used by Reliable Wood. He and others defrauded the JCMUA of at least $100,000.

The conspiracy charge to which Vene pleaded guilty carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for Jan. 26, 2015.

U.S. Attorney Fishman credited special agents from the FBI, under direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to today’s guilty plea. He also thanked the Hudson County Prosecutor’s Office for its role in the case.

The government is represented by Assistant U.S. Attorney David L. Foster of the U.S. Attorney’s Office, Special Prosecutions Division, in Newark.

14-379                                                    

Defense counsel: Joseph A. Hayden Jr. Esq., Roseland, N.J.

Vene, Nicholas Information

NEWARK, N.J. – A plastic surgeon with a practice in Basking Ridge, New Jersey, has surrendered to face charges that he fraudulently diverted millions in corporate earnings for his personal use, costing the United States nearly $3 million in tax revenue, U.S Attorney Paul Fishman announced today.

David Evdokimow, 54, of Harding Township, New Jersey, is charged by indictment with one count of conspiring to defraud the United States and four counts of personal income tax evasion and three counts of corporate tax evasion. He appeared in court Oct. 16, 2104, before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court.

According to the indictment unsealed today:

Evdokimow conducted his medical practice through a corporate entity known as De’Omilia Plastic Surgery P.C. (De’Omilia). He allegedly paid his personal expenses directly from De’Omilia’s corporate bank accounts while falsely attributing these expenses to De’Omilia’s corporate operations. By falsely characterizing personal expenses as corporate expenses, Evdokimow allegedly received an additional $3,123,721 in personal income from the De’Omilia accounts, which he failed to report to the IRS on his federal income tax returns.

Evdokimow had other conspirators form shell corporations and list themselves as sole signatories in order to conceal any connection with Evdokimow. The conspirators made stamps with their signatures and gave them to Evdokimow so that he had full access to the shell corporations’ bank accounts. He allegedly funneled and diverted millions of dollars in De’Omilia income into the bank accounts of the shell corporations without reporting it to the IRS on his federal income tax returns. Evdokimow used the shell corporation bank accounts to pay for $2,407,165 in personal expenses including designer apparel, jewelry, vacations, artwork, and multiple residences.

Evdokimow also opened bank accounts at several banks and then used these accounts to cash checks received directly from patients for professional medical services. Evdokimow cashed out $339,465 in income from patients, which he failed to report on his federal income tax returns.

The seven substantive counts of tax evasion charge Evdokimow with attempting to avoid paying taxes on $7,305,994 in income, causing a loss to the government of $1,580,155. Three additional years of income – which are included in the conspiracy count, but could not be charged as substantive counts because the statute of limitations has expired – bring the total amount on which he allegedly attempted to avoid paying taxes to $10,800,174, costing the United States a total of $2,760,676 in tax revenue.

Each of the counts with which Evdokimow is charged carries a maximum potential penalty of five years in prison and a $250,000 fine.

U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, with the investigation leading to the indictment.

The government is represented by Assistant U.S. Attorney Lorraine S. Gerson of the Economic Crimes Unit in Newark.

The charges and allegations contained in the indictment are merely accusations and the defendant is considered innocent unless and until proven guilty.

14-375                       

Defense counsel: James Kridel Esq., Clifton, New Jersey

Evdokimow, David Indictment

Worked as ‘Casher’ for Organization that Allegedly Capitalized on
Information Hacked From Customers of More Than a Dozen Global Financial Institutions

TRENTON, N.J. – A member of an alleged international cybercrime, identity theft and credit card fraud conspiracy was sentenced today to 30 months in prison for his role in a scheme to use information hacked from customer accounts at more than a dozen banks, brokerage firms, payroll processing companies and government agencies to attempt to steal $15 million from customers, U.S. Attorney Paul J. Fishman announced.

Lamar Taylor, 38, of Salem, Mass., previously pleaded guilty before U.S. District Judge Peter G. Sheridan to an information charging him with one count of conspiracy to commit wire fraud, access device fraud and identity theft. Judge Sheridan imposed the sentence today in Trenton federal court.

According to documents filed in the case and statements made in court:

Taylor was asked by other members of the conspiracy to participate in a scheme to “cash out” bank accounts and pre-paid debit cards opened in the names of others. Oleksiy Sharapka, 34, of Kiev, Ukraine, allegedly directed the conspiracy with the help of Leonid Yanovitsky, 39, also of Kiev. Oleg Pidtergerya, 50, who previously pleaded guilty to his role in the conspiracy, managed a cash-out crew in New York for Sharapka and Yanovitsky, and Robert Dubuc, 41, who has also pleaded guilty to his role in the conspiracy, controlled a cash-out crew in Massachusetts. Taylor worked as a “casher” under Dubuc.

Hackers first gained unauthorized access to the bank accounts of customers of more than a dozen global financial institutions and businesses, including: Aon Hewitt; Automatic Data Processing Inc.; Citibank N.A.; E-Trade; Electronic Payments Inc.; Fundtech Holdings LLC, iPayment Inc.; JP Morgan Chase Bank N.A.; Nordstrom Bank; PayPal; TD Ameritrade; U.S. Department of Defense, Defense Finance and Accounting Service; TIAA-CREF; USAA; and Veracity Payment Solutions Inc.

After obtaining unauthorized access to the bank accounts, Sharapka and Yanovitsky diverted money from them to bank accounts and pre-paid debit cards they controlled. They then implemented a sophisticated cash-out operation, employing crews of individuals, including Taylor, to withdraw the stolen funds by making ATM withdrawals and fraudulent purchases in New York, Massachusetts, Illinois, Georgia and elsewhere. Both Sharapka and Yanovitsky are under indictment in the United States and remain at large.

Taylor admitted he was aware fraudulent accounts and cards were created without the consent of the individuals in whose names they were opened. He admitted that they opened bank accounts in the names of identity theft victims and that those accounts were funded with money stolen by other conspirators. He also admitted conducting ATM and bank withdrawals of the stolen funds and providing the proceeds of the fraud, less their own fees, to immediate higher-ups in the organization – Pidtergerya and Dubuc, who, in turn, sent a portion of the proceeds to Sharapka and Yanovitsky in Ukraine.

The government’s ongoing investigation into the organization has so far identified attempts to defraud the victim companies and their customers of more than $15 million.

In addition to the prison term, Judge Sheridan sentenced Taylor to three years of supervised release and ordered him to pay restitution of $338,649.

U.S. Attorney Fishman credited the special agents of the U.S. Secret Service, under the direction of Special Agent in Charge James Mottola; U.S Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees; Department of Defense, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Jeffery D. Thorpe, Cyber Field Office; and IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, with the investigation leading to today’s sentencing.

The government is represented by Economic Crimes Unit Chief Gurbir S. Grewal of the U.S. Attorney’s Office in Newark.

The charges and allegations concerning the remaining conspirators are merely allegations and they are presumed innocent unless and until proven guilty.

This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.stopfraud.gov.

14-376                                              

Defense counsel: Bruce Rosen Esq., Florham Park, N.J.

NEWARK, N.J. - An Essex County, N.J., man with a felony criminal record was sentenced today to 70 months in prison for carrying a loaded semi-automatic pistol, U.S. Attorney Paul J. Fishman announced.

Victor Lopez, 25, of Newark, was previously convicted of one count of being a felon in possession of a firearm following a three-day trial, in which the jury deliberated for four hours before returning the guilty verdict. U.S. District Judge Anne E. Thompson imposed the sentence today in Newark federal court.

According to documents filed in this case and the evidence at trial:

Officers of the City of Passaic Police Department responded to a 911 call on Sept. 13, 2012, about a possible burglary in progress at an apartment building in Passaic, N.J., where they encountered Lopez leaving the building.

Officers stopped Lopez, who appeared nervous, and found a gun in his back pocket. The .380 caliber semi-automatic handgun was loaded with seven bullets, including one in the chamber. Four of the bullets were hollow-point rounds.

In addition to the prison term, Judge Thompson sentenced Lopez to three years of supervised released.

U.S. Attorney Fishman credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge George Belsky, and officers of the City of Passaic Police Department, under the direction of Deputy Chief Rosario J. Capuana, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorneys Sara F. Merin and Jonathan W. Romankow of the U.S. Attorney's Office Criminal Division in Newark.

14-377                                                       

Defense counsel: Edward Washburne, Esq., Red Bank, N.J.

TRENTON, N.J. – An engineer who formerly lived in Mahwah, New Jersey, was sentenced today to 18 months in prison for stealing trade secrets from two global medical technology companies based in northern New Jersey, U.S. Attorney Paul J. Fishman announced.

Ketankumar Maniar, 38, aka “Ketan Maniar,” previously pleaded guilty before U.S. District Judge Joel A. Pisano to an information charging him with two counts of theft and attempted theft of trade secrets for his own economic benefit. Maniar, an Indian national, has been in custody since his June 2013 arrest. Judge Pisano imposed the sentence today in Trenton federal court.

According to documents filed in this case and statements made in court:

C.R. Bard Inc. (Bard), based in Murray Hill, New Jersey, and Becton, Dickinson and Co. (BD), based in Franklin Lakes, New Jersey, are among the world’s leading manufacturers of medical technologies. From November 2004 until his resignation on Jan. 22, 2011, Maniar worked as an engineer at Bard’s Salt Lake City facility and was responsible for developing molding processes and specifications for catheters, ports and other medical products. From February 2012 until his resignation on May 24, 2013, Maniar worked as a staff engineer at BD’s Franklin Lakes headquarters, where he helped manufacture pre-fillable syringes and pen injectors. 

Through his work at Bard and BD, Maniar was able to steal secret information related to the companies’ products, including Bard’s development of the first implantable port used for power injection of pharmaceutical drugs throughout the body. Maniar also had access to secret information related to a self-administered disposable pen injector still under development by BD and not yet available for commercial sale. 

Maniar admitted he stole Bard and BD trade secrets that he kept after his resignation from those companies. Maniar downloaded numerous files containing Bard or BD product information from his work computers onto multiple computer storage devices, including external hard drives and thumb drives. He also used his work email accounts at Bard and BD to forward trade secrets to his personal email accounts.

On June 3, 2013, pursuant to court-issued federal warrants, FBI agents searched Maniar’s rental car and the New Jersey hotel room he stayed in while planning a move back to India. Agents seized – among other things – at least one hard drive containing Bard and BD trade secrets.

In addition to the prison term, Judge Pisano ordered Maniar to pay $32,454 in restitution to BD and ordered him to forfeit items used in furtherance of his crimes, including computers and storage devices.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, New Jersey, with the investigation leading to today’s sentencing. He also thanked BD and Bard for their assistance with the investigation.

The government is represented by Assistant U.S. Attorney Shirley U. Emehelu of the U.S. Attorney’s Office’s Economic Crimes Unit in Newark.

14-373                                             

Defense counsel: Bradley L. Henry Esq. and Ryan Blanch Esq., New York

Federal, State and Local Law Enforcement Authorities Arrest 14 in Coordinated Takedown

ASBURY PARK, N.J. – Federal and state law enforcement authorities today arrested 14 alleged members and suppliers of a large-scale drug trafficking organization responsible for distributing heroin and cocaine throughout Monmouth, Ocean, and Middlesex counties, U.S. Attorney Paul J. Fishman announced.

The alleged leaders of the conspiracy, Herve Cadet, a/k/a “Gotti,” a/k/a “Bro,” 29, of Neptune and Sayreville, New Jersey; and Eric Smith, a/k/a “EV,” a/k/a “E,” 42, of Manchester, New Jersey, were among the 22 defendants charged in two complaints unsealed today, 14 of whom were arrested this morningas part of a coordinated takedown by federal and local law enforcement authorities. Smith has been incarcerated in New Jersey in connection with New Jersey state offenses since September 2014.The remainingseven defendants remain at large.

Each defendant (see chart below) is charged with one count of conspiracy to distribute one kilogram or more of heroin. Those arrested today are scheduled to make their initial court appearances this afternoon before U.S. Magistrate Judge Lois H. Goodman in Trenton federal court.

Also was arrested on a separate complaint today were Joel Mendez, a/k/a “Joey Mendez,” a/k/a “Crack,” 34, of Bradley Beach, New Jersey, and Alfred Lyons III, a/k/a “Alfie,” 33, of Neptune, New Jersey. They were each charged with conspiracy to distribute heroin. Mendez remains at large.

“The criminal complaints describe drug trafficking operations that have been responsible for sizeable quantities of illegal narcotics on the streets of Asbury Park, Neptune Township, and the surrounding towns,” U.S. Attorney Fishman said.  “We hope and expect that today’s arrests will make a real difference to the drug trafficking trade in these counties. This is not the last that you will hear from us in this fight.”

“This lengthy and collaborative investigation has resulted in the arrests of major suppliers of heroin in the Monmouth and Ocean county areas,” Carl J. Kotowski, Special Agent in Charge of the Drug Enforcement Administration’s New Jersey Division, said. “DEA and its law enforcement partners will continue to investigate those seeking to poison our communities.”

According to the federal criminal complaints filed in Trenton federal court:

From November 2013 through October 2014, Cadet, Smith, and the other members of their drug trafficking organization (the “Cadet DTO”) conspired to sell illegal drugs – chiefly heroin – in Monmouth, Ocean and Middlesex counties. Through the authorized interception of cell phone calls, the use of confidential informants and other means, law enforcement learned Cadet and Smith were leaders of the Cadet DTO, responsible for identifying sources of heroin supply. Cadet and Smith also oversaw distributors and other conspirators, who sold, packaged and stored the drugs. Members used stash houses, spoke in code and used Haitian Creole to avoid detection by law enforcement.

The Cadet DTO sold prepackaged bundles of heroin, containing approximately one-fifth of a gram, and “bricks,” which contained approximately one gram. Members of the Cadet DTO also packaged heroin for subsequent distribution to dealers and others. Discussions about drug quality, customer satisfaction, pricing and the nature of the drug distribution business were captured on calls recorded by law enforcement.

“This operation demonstrates the cooperative commitment of the multi-levels of law enforcement focused on eradicating the epidemic killing people everywhere, including Monmouth County,” First Assistant Prosecutor Marc C. LeMieux said. “We are committed to putting these purveyors of death out of business.”

The conspiracy count with which each defendant is charged carries a minimum potential penalty of 10 years in prison, a maximum of life in prison and a $10 million fine. The conspiracy count charging Mendez and Lyons carries a maximum potential penalty of 20 years in prison and a $1 million fine.

U.S. Attorney Fishman credited special agents of the DEA, Newark Division, under the direction of Special Agent in Charge Kotowski; and officers of the Monmouth County Prosecutor’s Office, under the direction of Acting Prosecutor Christopher J. Gramiccioni, who is currently wrapping up a U.S. Navy overseas deployment to Afghanistan as part of Operation Enduring Freedom, with the investigation leading to today’s charges.  He also thanked special agents of Immigration and Customs Enforcement-Homeland Security Investigation, the U.S. Marshals Service, the Ocean County Prosecutor’s Office; the Asbury Park, Neptune Township and Keansburg police departments, and the Monmouth County Sheriff’s Office for their roles in the case.

The government is represented by Assistant U.S. Attorney Fabiana Pierre-Louis of the U.S. Attorney’s Office Criminal Division in Trenton.

The charges and allegations contained in the complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.

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Defendant

Age

Residence

29

Neptune and Sayreville, N.J.

Eric Smith, a/k/a “EV,” a/k/a “E”

42

Manchester, N.J.

*Dwight Simon, a/k/a “Break Bread”

30

Asbury Park, N.J.

*Noble El-Bey, a/k/a “T,” a/k/a “Terry

42

Asbury Park

Evens Joseph, a/k/a “Dirty Evan,” a/k/a “De”

36

Neptune

*Steve Jean-Baptiste, a/k/a “Black”

29

Asbury Park

Harriel Jean-Baptiste, a/k/a “Harry”

25

Asbury Park

*Junior Parcias, a/k/a “Peso”

28

Neptune

Kurtis Barnes, a/k/a “Gotti”

36

Lakewood, N.J.

Charlene Braithwaite-Lovet, a/k/a “Shay”

40

Asbury Park

Athena L. Gillis, a/k/a “Shorty”

28

Asbury Park

*Jerrel K. Collins, a/k/a “Fat Boy”

27

Ocean Township, N.J.

Delovi R. Canales, a/k/a “Butter”

48

Toms River, N.J.

Laurie A. Matthews

48

Whiting, N.J.

Amal J. Blaine, a/k/a “Mal”

27

Lakewood, N.J.

Mackinson Casimir, a/k/a “Scrappy”

26

Ocean Township

Reginald Walker, a/k/a “Red”

45

Red Bank, N.J.

*Brandon R. Keyes, a/k/a “BK”

31

Neptune, N.J.

Schneider Monestime

32

Asbury Park

Marvin T. Brodie, a/k/a “Marv”

44

Manchester

*denotes at large

Cadet, Herve et al. Complaint
Mendez, Joel et al. Complaint

TRENTON, N.J. - A woman from Middlesex, New Jersey, today admitted defrauding the United States Department of the Treasury of $940,000 in income tax return checks, U.S. Attorney Paul J. Fishman announced today.
                       
Rosemary Valerio, 32, pleaded guilty today before U.S. District Judge Anne E. Thompson in Trenton federal court to an information charging her with one count of conspiracy to defraud the United States.

According to documents filed in the case and statements made in court:

Valerio and other conspirators obtained and cashed stolen income tax refund checks, using the illicit cash proceeds for their personal benefit. Valerio provided Treasury checks to Rosanna Rodriguez, the head teller at a Perth Amboy, New Jersey bank, who then negotiated the checks against unknowing third-party bank accounts. At her plea hearing, Valerio admitted that the total loss from the conspiracy was approximately $940,000. 

The count of conspiracy to defraud the United States carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gain or loss from the offense.  Sentencing is currently scheduled for Jan. 22, 2015.

Rodriguez pleaded guilty to one count of conspiracy to defraud the United States on Sept. 22, 2014 and is scheduled for sentencing on Jan.12, 2015.

U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen; the U.S. Secret Service, under the direction of Special Agent in Charge James Mottola; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees, with the investigation.

The government is represented by Assistant U.S. Attorney Danielle M. Corcione of the U.S. Attorney’s Office Criminal Division in Newark, New Jersey.

 14-370                                                                    

Defense counsel: Karen Fernandez Esq., New York

Valerio, Rosemary Information

NEWARK, N.J. - A former delegate of the International Longshoremen’s Association (ILA) Local 1235 was sentenced today to 20 months in prison for conspiring to extort longshoremen on the New Jersey piers for Christmastime tribute payments, New Jersey U.S. Attorney Paul J. Fishman and Eastern District of New York U.S. Attorney Loretta E. Lynch announced.

Robert Ruiz, 55, of Watchung, New Jersey – the delegate of the union from approximately 2007 through 2010 – previously pleaded guilty before U.S. District Judge Claire C. Cecchi to one count of an indictment charging him with conspiring to extort Christmastime tributes from ILA Local 1235 members. Judge Cecchi imposed the sentence today in Newark federal court.

According to documents filed in this case and statements made in court: Ruiz and two other former ILA officers – Vincent Aulisi, 82, of West Orange, New Jersey, the president of ILA Local 1235 from 2006 through 2007; and Thomas Leonardis, 57, of Glen Gardner, New Jersey, the president of the union from approximately 2008 through 2011 – admitted that they conspired to compel tribute payments from ILA union members, who made the payments based on actual and threatened force, violence and fear. The timing of the extortions typically coincided with the receipt by certain ILA members of “Container Royalty Fund” checks, a form of year-end compensation. Leonardis and Ruiz were suspended from their positions following their arrests in January 2011. Aulisi had already retired from his employment on the New Jersey piers at the time of his arrest.

Aulisi was sentenced to 18 months in prison on Oct. 8, 2014. Leonardis still awaits sentencing.

Charges are still pending against three defendants in the superseding indictment, including a racketeering conspiracy charge against Stephen Depiro, 59, of Kenilworth, New Jersey – a soldier in the Genovese organized crime family of La Cosa Nostra. Since at least 2005, Depiro has managed the Genovese family’s control over the New Jersey waterfront – including the nearly three-decades-long extortion of port workers in ILA Local 1, ILA Local 1235, and ILA Local 1478. Members of the Genovese family, including Depiro, are charged with conspiring to collect tribute payments from New Jersey port workers at Christmastime each year through their corrupt influence over union officials, including the last three presidents of Local 1235.

Two other Genovese family associates charged in the case are former union officials: Albert Cernadas, 79, of Union, New Jersey, the president of ILA Local 1235 from approximately 1981 to 2006 and former ILA executive vice president; and Nunzio LaGrasso, 63, of Florham Park, New Jersey, the former vice president of ILA Local 1478 and former ILA representative.

In addition to the prison term, Judge Cecchi sentenced Ruiz to serve two years of supervised release.

U.S. Attorneys Fishman and Lynch credited the FBI in New Jersey, under the direction of Special Agent in Charge Aaron T. Ford, and in New York, under the direction of Assistant Director in Charge George Venizelos; as well as the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia of the New York Regional Office, with the investigation.

The government is represented by Assistant U.S. Attorneys Anthony Mahajan of the U.S. Attorney’s Office, District of New Jersey, and Jacquelyn M. Kasulis of the U.S. Attorney’s Office, Eastern District of New York.

The charges and allegations against the remaining defendants are merely accusations and they are considered innocent unless and until proven guilty.

14-372                                                        

Defense counsel: Marc Agnifilo Esq., New York

NEWARK, N.J. B A Colombian cartel leader expelled from Venezuela to face federal charges in New Jersey for his role in an international cocaine distribution conspiracy admitted today in Newark federal court to conspiring traffic the drug into the United States, U.S. Attorney Paul J. Fishman and FBI Special Agent in Charge Aaron T. Ford announced.

Colombian national Salomon Camacho Mora, 70, a/k/a “Papa Grande,” a/k/a “El Viejo,” a/k/a “Hector,” was arrested in Valencia, Venezuela, on Jan. 13, 2010, and subsequently expelled by Venezuelan authorities to the United States. Previously, Camacho, who had been designated a Consolidated Priority Organization Target (CPOT) by the Department of Justice, was a New Jersey FBI fugitive for more than eight years.

Camacho was originally indicted in September 2002 in U.S. District Court for the District of New Jersey. He entered a plea of guilty today, to a count of conspiracy contained in a superseding indictment, before U.S. District Judge William H. Walls.

According to statements made during Camacho’s guilty plea proceeding and documents filed in Newark federal court: Camacho admitted that he and members of his drug organization purchased multi-kilogram quantities of cocaine from various cocaine processing laboratories located in Colombia, and arranged for the transportation of the cocaine loads to various shipping ports in Venezuela. Camacho and members of his drug organization then sold the cocaine shipments to other drug trafficking organizations operating in Puerto Rico, the Dominican Republic, and the United States.

He also acknowledged that others in his organization received and stored the drug shipments in Venezuela, and arranged for their maritime transportation to Puerto Rico and the United States.

The drug trafficking operation generated substantial profits for Camacho and his conspirators.

Camacho faces a statutory mandatory minimum of 10 years in prison, a statutory maximum of life in prison, and fines of up to $10 million or twice the amount of profits he gained from his illegal conduct. As part of his plea agreement, Camacho has agreed to the entry of a $1.6 million forfeiture money judgment and the forfeiture of eight Colombian properties that were the product of ill-gotten gains. Sentencing is currently scheduled for March 10, 2015.

U.S. Attorney Fishman praised special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen; the DEA, under the direction of Special Agent in Charge Carl J. Kotowski in Newark; and the New Jersey National Guard Anti-Narcotics Task Force for the investigation.

Fishman also thanked the U.S. Department of Justice Criminal Division's Office of International Affairs for providing assistance in this matter. Additionally, Fishman thanked the Venezuelan agencies Oficina Nacional Anti Drogas (ONA), Servicio Bolivariano de Intelligencia Nacional, (SEBIN), Servicio Administrativo de identificacion migracion y Extranjeria, (SAIME) and the Colombian law enforcement authorities for their assistance in Camacho’s arrest and deportation.

The government is represented by Assistant U.S. Attorney Adam N. Subervi of the U.S. Attorney’s Office Criminal Division in Newark.

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Defense counsel: William Clay Esq., Miami

Camacho Mora Salomon Superseding Indictment

Multiple Arrests Made Following Multi-Agency Investigation

CAMDEN, N.J. - Four members of a drug trafficking organization allegedly responsible for distributing heroin and crystal methamphetamine in the Camden area were arrested today by federal, state and local law enforcement officers, U.S. Attorney Paul J. Fishman announced.

Arrested this morning were the alleged leader of the conspiracy, Wendell Fleetwood, a/k/a “Dell,” 28, of Camden and Sicklerville, N.J, and three other members of the conspiracy: Wendell Bethea, a/k/a “Rell,” a/k/a “Ruger;” 25, of Camden and Maple Shade, N.J.; and Julio Alvarado, 25, and Erica Fleetwood, 24, both of Camden. A fifth federal defendant, Brandon Jones, 25, of Camden, remains at large. The charges are the result of an investigation by the Camden County Crime Collaboration (C-4).

Each defendant was charged in a federal criminal complaint unsealed today with one count of conspiracy to distribute 100 grams or more of heroin and 50 grams or more of methamphetamine. The defendants are also charged in separate counts in connection with distribution of heroin and/or methamphetamine to an undercover officer. Wendell Fleetwood and Bethea are additionally charged with possessing methamphetamine with intent to distribute. Bethea faces three counts in connection with selling three high-capacity assault weapons to an undercover officer, as well as a handgun that had been used in a recent homicide. The defendants are scheduled to make their initial court appearances this afternoon before U.S. Magistrate Judge Karen M. Williams in Camden federal court.

“Because of C-4 – our collaborative partnership with state and local law enforcement -- as well as the more robust Camden County PD and its community policing orientation, and other efforts, Camden is becoming safer every day,” U.S. Attorney Fishman said. “We are grateful that all of our law enforcement partners share our vision and commitment to make Camden the safe city its residents deserve.”

“While the success of this operation hinged on the teamwork of many agencies, it was the bravery, selflessness and dedication of the law enforcement officers involved that made these significant arrests possible,” Camden County Prosecutor Mary Eva Colalillo said.
According to the complaint:

From November 2013 through October 2014, the defendants engaged in a conspiracy to distribute illegal drugs – primarily heroin – in and around Camden. Through the authorized interception of cell phone calls and texts, the use of various surveillance methods, controlled undercover purchases and other means, law enforcement learned that Wendell Fleetwood was the leader of the drug trafficking organization (the “Wendell Fleetwood DTO”). He supplied wholesale quantities of heroin to Bethea and Alvarado, who either resold it to other distributors or repackaged it into smaller quantities for sale to customers.

In intercepted calls, Bethea, Jones and Alvarado and their associates discussed and directed the purchasing, processing, packaging, storing and distributing of heroin, as well as its quality and the pricing and collection of the proceeds from its sale. In addition to replacing their cellular phones after only a couple weeks of use and speaking in code to avoid detection by law enforcement, the Wendell Fleetwood DTO allegedly used Erica Fleetwood to relay drug-related messages from her brother, Wendell, to Bethea and Jones. Jones, Alvarado and Erica Fleetwood also conducted counter surveillance for the DTO. The Wendell Fleetwood DTO also replaced their vehicles frequently to avoid detection, renting cars or obtaining vehicles which were stolen or fraudulently obtained.

“Camden’s drug gangs victimize the city in so many ways – through the poison they sling, and the violence tied to the trade,” Edward J. Hanko, FBI Special Agent in Charge, said. “The FBI’s South Jersey Violent Offender and Gang Task Force, alongside our law enforcement partners, is committed to dismantling these despicable drug trafficking organizations.”

“Heroin abuse has been a major issue facing New Jersey,” Carl J. Kotowski, Special Agent in Charge of the Drug Enforcement Administration’s New Jersey Division, said. “The arrest of these individuals highlights the fact that members of DEA will continue to do its part to remove those responsible for putting those drugs on the street.”

The conspiracy count with which each defendant is charged carries a minimum potential penalty of 10 years in prison, a maximum of life in prison and a $10 million fine. The firearms charges faced by Bethea each carry a maximum penalty of 10 years in prison and a $250,000 fine.

“The dismantling of this sophisticated criminal network wouldn’t have been possible without the dedication and cooperation of all the law enforcement partners who worked long and hard to identify these suspects and ensure their arrest,” Camden Police Chief J. Scott Thomson said. “The removal of these individuals from the community this morning will have an immediate positive impact on public safety in Camden as the supply of illegal drugs and guns on Camden’s streets has just been reduced.”

“The success of this collaboration proves the value of sharing intelligence with others in law enforcement,” Col. Rick Fuentes, Superintendent of the N.J. State Police, said. “Multiple agencies were targeting different individuals who turned out to be working together to push drugs into the South Jersey region. This was a well-organized group who went to great lengths to avoid detection, such as speaking in code and frequently changing cell phones.”

U.S. Attorney Fishman credited special agents of the FBI, Cherry Hill Resident Agency’s South Jersey Violent Offender and Gang Task Force, under the direction of Special Agent in Charge Hanko; special agents of the DEA, Maple Shade Resident Office’s High Intensity Drug Trafficking Area Group, under the direction of Special Agent in Charge Kotowski; investigators of the N.J. State Police’s Violent and Organized Crime Bureau, Trafficking South Unit, under the direction of Superintendent Fuentes; investigators with the Camden County Prosecutor’s Office, under the direction of Prosecutor Colalillo; detectives of the Camden County Police Department – Metro, under the direction of Chief J. Scott Thomson, with the investigation leading to today’s charges. He also thanked the U.S. Postal Inspection Service, under the direction of Inspector in Charge David W. Bosch; and the Camden County Sheriff’s Office, under the direction of Charles H. Billingham, for their roles in the case. He also thanked U.S. Immigration and Customs Enforcement – Homeland Security Investigations; the N.J. Office of Attorney General, Division of Criminal Justice; the Delaware River Port Authority, the Burlington County Prosecutor’s Office, the Gloucester City Police Department and the Cherry Hill Police Department for their roles in the investigation.

The government is represented by Deputy U.S. Attorney Nelson S.T. Thayer Jr. and Special Assistant U.S. Attorney Michael Angermeier of the U.S. Attorney’s Office Criminal Division in Camden.

The charges and allegations contained in the complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.

This case was developed through the work of the Camden County Crime Collaboration. Every federal, state and local law enforcement agency and prosecutor’s office responsible for combating drug trafficking, gang activity and violent crime in Camden has come together in one location to share intelligence, develop strategies and support the investigative and prosecutorial efforts of its partners.  C-4 has merged the individual missions of the various law enforcement agencies into a single strategic attack on drug trafficking and drug-related violent crime. This coordination greatly enhances the law enforcement community’s ability to identify and prosecute Camden’s most dangerous criminals.

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Fleetwood DTO Global Complaint Affidavit
Fleetwood, Wendell Complaint
Bethea, Wendell Complaint
Alvarado, Julio Complaint
Fleetwood, Erica Complaint

TRENTON, N.J. - A Bergen County, New Jersey, man was sentenced today to 63 months in prison for downloading images and videos depicting child sexual abuse on a computer at his parents’ house, U.S. Attorney Paul J. Fishman announced.

Joshua Babilonia, 24, Fair Lawn, New Jersey previously pleaded guilty before U.S. District Judge Joel A. Pisano to an information charging him with one count of receiving images of child sex abuse over the Internet. Judge Pisano imposed the sentence today in Trenton federal court.

According to documents filed in this case and statements made in court:

Special agents of the U.S. Department of Immigration and Customs Enforcement, Homeland Security Investigations (ICE HSI) executed a search warrant on Sept. 13, 2012, at the residence of Babilonia’s parents. Agents seized digital evidence that contained more than 600 images and a large number of videos depicting child sexual abuse, including material that involved prepubescent minors and portrayed sadistic or masochistic conduct. The evidence seized included three files previously downloaded from Babilonia by law enforcement agents working in an undercover capacity on a peer-to-peer network.

During his plea hearing, Babilonia admitted he was a member of the online network between January 2011 and September 2012 and searched for and downloaded images of child sexual abuse. He also admitted that his files were viewable and downloadable by others on the network.

In addition to the prison term, Judge Pisano sentenced Babilonia to five years of supervised release and ordered him to pay restitution of $6,000. He is also required to register as a sex offender.

U.S. Attorney Fishman credited special agents of ICE HSI, under the direction of Special Agent in Charge Andrew M. McLees in Newark, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Danielle M. Corcione of the U.S. Attorney=s Office General Crimes Unit in Newark.

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Defense counsel: Adolph Galluccio Esq., Totowa, N.J.

CAMDEN, N.J. – A pharmacist with a compounding pharmacy in Lakewood, New Jersey, admitted today to paying tens of thousands of dollars in cash bribes to physicians for referring pain cream prescriptions, defrauding health care benefit programs out of hundreds of thousands of dollars, U.S. Attorney Paul J. Fishman announced.

The president and pharmacist-in-charge of Prescriptions R US – Vladimir Kleyman, 43, of Lakewood, New Jersey – pleaded guilty to an information charging him with conspiracy to pay kickbacks and to commit health care fraud. Kleyman, who originally was charged by complaint in January of 2014, entered his guilty plea before U.S. District Judge Joseph H. Rodriguez in Camden federal court.

According to documents filed in this case and statements made in court:

From January 2013 through January 2014, Kleyman provided another individual with tens of thousands of dollars in cash and checks to provide bribes to physicians for referring prescriptions for a compounded pain cream to Prescriptions R US. Compounding pharmacies prepare medication, using different types and dosages of drugs, in order to provide more personalized medications for patients. The compounded pain cream prepared by Prescriptions R US in this case contains several components, including ketamine (a Schedule III non-narcotic), lidocaine and diclofenac.

During his guilty plea proceeding, Kleyman admitted that in a series of meetings in November and December 2013 alone, he arranged for the middleman to receive more than $40,000 in cash or checks with the understanding it would be used to pay bribes for the referral of pain cream prescriptions.

Kleyman also admitted he knew certain health insurance carriers, including federal health care benefit programs, did not cover compounded pain cream, but he nevertheless dispensed the pain cream to these patients and obtained payment from their insurance carriers by falsely representing the pain cream to be other covered items. Kleyman also acknowledged he defrauded health insurance carriers by making false and misleading representations about the quantity of the pain cream that he dispensed and the frequency with which he dispensed it. As a result, private insurance payors paid the pharmacy hundreds of thousands of dollars.

The conspiracy count with which Kleyman is charged carries a maximum potential penalty of five years in prison and a $250,000 fine. The government is also seeking Kleyman’s forfeiture of any proceeds derived from his offense. Sentencing is currently scheduled for Jan. 20, 2015.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Thomas O’Donnell; and IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, with the ongoing investigation.

The government is represented by Assistant U.S. Attorney Jane H. Yoon and Senior Litigation Counsel Andrew Leven of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.

U.S. Attorney Paul J. Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $540 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.

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Defense counsel: Alain Jeff Ifrah, Esq., Washington

Kleyman, Vladimir Information

NEWARK, N.J. – A citizen of the Dominican Republic was convicted at trial today of several crimes related to her effort to re-enter the United States with a phony passport, U.S. Attorney Paul J. Fishman announced.

Angela De Jesus-Concepcion, 35, of New York, was convicted of all three counts of the indictment against her: false claim of U.S. citizenship, use of a U.S. passport obtained by false statement, and aggravated identity theft. Following a one week trial before U.S. District Judge William Walls, the jury deliberated one hour before returning the guilty verdicts.

According to documents filed in this case and the evidence at trial:

On March 17, 2012, De Jesus-Concepcion attempted to enter the United States at Newark Airport from the Dominican Republic. At CBP passenger processing she presented a United States passport bearing the name of an identity theft victim and De Jesus-Concepcion’s photograph.  She also filled out a customs declaration using the victim’s name and the number of the passport that she was carrying. Customs and Border Protection conducted a secondary inspection and found a New Jersey driver’s license bearing the victim’s name and De Jesus-Concepcion’s photograph along with a Visa debit card in De Jesus-Concepcion’s own name. At trial, it was proven that the passport being carried by De Jesus-Concepcion had been obtained using an earlier version of the New Jersey driver’s license bearing the victim’s name and De Jesus-Concepcion’s photograph and a replacement naturalization certificate, also bearing the victim’s name and De Jesus-Concepcion’s photograph.

The count of false claim of citizenship carries a maximum potential penalty of three years in prison. The count of use of a passport obtained by false statement carries a maximum potential penalty of 10 years in prison. The count of aggravated identity theft carries a maximum potential penalty of two years in prison, consecutive to any sentence imposed on the other two counts. Sentencing is scheduled for Jan. 6, 2015.

U.S. Attorney Fishman credited officers of U.S. Customs and Border Protection, under the leadership of Robert E. Perez, director of New York Field Operations, for the investigation leading to today’s conviction. He also thanked the Department of State, Diplomatic Security Service, for its investigation.

The government is represented Assistant U.S. Attorneys Sara F. Merin of the General Crimes Unit and Shirley U. Emehelu of the Economic Crimes Unit in Newark.

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Defense counsel: Kathleen Theurer Esq., Jersey City, N.J.

De Jesus-Concepcion, Angela Superseding Indictment

NEWARK, N.J. - A Union County, New Jersey, man was sentenced today to 121 months in prison for distributing images of child sexual abuse over the Internet, U.S. Attorney Paul J. Fishman announced.

Carl Tullis III, 50, of Plainfield, New Jersey, previously pleaded guilty before U.S. District Judge Faith S. Hochberg to Count One of an indictment charging him with distribution of child pornography. Judge Hochberg imposed the sentence today in Newark federal court.

According to documents filed in this case and statements in court: Tullis admitted that on March 26, 2011, he made available for others to download via an online peer-to-peer, file-sharing network images and videos of child sexual abuse that were stored on his home computer. An undercover FBI agent successfully downloaded from Tullis multiple images and videos of child sexual abuse via the file sharing network. A subsequent search of Tullis’ computers and computer accessories revealed that he:

• 1,634 images of child sexual abuse
• 1,420 videos of child sexual abuse
• Multiple images and videos of child pornography involving sadistic or masochistic conduct and bestiality
• Multiple images and videos of child sexual abuse involving infants

As part of his guilty plea, Tullis agreed to forfeit the computers and computer accessories he used to commit the offense. He will also be required to register as a sex offender.

In addition to the prison term, Judge Hochberg sentenced Tullis to five years of supervised release and pay restitution of $8,000 to each of two victims.

U.S. Attorney Fishman credited special agents of the FBI’s Child Exploitation Task Force, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorneys Francisco J. Navarro and Courtney M. Oliva of the U.S. Attorney’s Office General Crimes Unit in Newark.

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Defense counsel: Brian Neary Esq., Hackensack, New Jersey

NEWARK, N.J. - The former president of the International Longshoremen’s Association (ILA) Local 1235 was sentenced today to 18 months in prison for conspiring to extort longshoremen on the New Jersey piers for Christmastime tribute payments, New Jersey U.S. Attorney Paul J. Fishman and Eastern District of New York U.S. Attorney Loretta E. Lynch announced.

Vincent Aulisi, 82, of West Orange, New Jersey – the president of ILA Local 1235 from 2006 through 2007 – previously pleaded guilty before U.S. District Judge Claire C. Cecchi to one count of an indictment charging him with conspiring to extort Christmastime tributes from ILA Local 1235 members. Judge Cecchi imposed the sentence today in Newark federal court.

According to documents filed in this case and statements made in court: Aulisi and two other former ILA officers – Thomas Leonardis, 57, of Glen Gardner, New Jersey, the president of the union from approximately 2008 through 2011; and Robert Ruiz, 55, of Watchung, New Jersey, the delegate of the union from approximately 2007 through 2010 – admitted that they conspired to compel tribute payments from ILA union members, who made the payments based on actual and threatened force, violence and fear. The timing of the extortions typically coincided with the receipt by certain ILA members of “Container Royalty Fund” checks, a form of year-end compensation. Leonardis and Ruiz were suspended from their positions following their arrests in January 2011. Aulisi had already retired from his employment on the New Jersey piers at the time of his arrest.

Charges are still pending against three defendants in the superseding indictment, including a racketeering conspiracy charge against Stephen Depiro, 59, of Kenilworth, New Jersey – a soldier in the Genovese organized crime family of La Cosa Nostra. Since at least 2005, Depiro has managed the Genovese family’s control over the New Jersey waterfront – including the nearly three-decades-long extortion of port workers in ILA Local 1, ILA Local 1235, and ILA Local 1478. Members of the Genovese family, including Depiro, are charged with conspiring to collect tribute payments from New Jersey port workers at Christmastime each year through their corrupt influence over union officials, including the last three presidents of Local 1235.

Two other Genovese family associates charged in the case are former union officials: Albert Cernadas, 79, of Union, New Jersey, the president of ILA Local 1235 from approximately 1981 to 2006 and former ILA executive vice president; and Nunzio LaGrasso, 63, of Florham Park, New Jersey, the former vice president of ILA Local 1478 and former ILA representative.

In addition to the prison term, Judge Cecchi sentenced Aulisi to serve one year of supervised release and fined him $10,000.

U.S. Attorneys Fishman and Lynch credited the FBI in New Jersey, under the direction of Special Agent in Charge Aaron T. Ford, and in New York, under the direction of Assistant Director in Charge George Venizelos; as well as the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia of the New York Regional Office, with the investigation.

The government is represented by Assistant U.S. Attorneys Anthony Mahajan of the U.S. Attorney’s Office, District of New Jersey, and Jacquelyn M. Kasulis of the U.S. Attorney’s Office, Eastern District of New York.

The charges and allegations against the remaining defendants are merely accusations and they are considered innocent unless and until proven guilty.

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Defense counsel: Joseph Fusella Esq., Bloomfield, New Jersey

NEWARK, N.J. – A Newark man was sentenced today To 225 months in prison for committing 17 armed robberies of commercial establishments throughout Union, Essex and Bergen counties, all within a six-month period, U.S. Attorney Paul J. Fishman announced.

Bobby Dawson, 31, previously pleaded guilty before U.S. District Judge William H. Walls to an information charging him with one count of committing an armed carjacking, one count of conspiring to commit Hobbs Act robberies and one count of discharging a firearm during the commission of one of those robberies. Judge Walls imposed the sentence today in Newark federal court.

According to the documents filed in this case and statements made in court:

Dawson conspired with others to rob commercial establishments as follows:

Pao Da Terra

Newark

Dec. 29, 2012

Newark

Jan. 20, 2013

Newark Community Pharmacy

Newark

Jan. 24, 2013

Linden Stationary

Linden

Feb. 1, 2013

Delta Gas Station

Newark

Feb. 1, 2013

Shoppers Express

Belleville

Feb. 2, 2013

Krauszers

Kearny

Feb. 10, 2013

Krauszers

Bloomfield

Feb. 13, 2013

Pat’s Deli

Newark

Feb. 19, 2013

Smashburger

Paramus

March 16, 2013

Krauszers

Bloomfield

March 29, 2013

MS&K Confectionery

Maplewood

April 1, 2013

Belleville News and Food

Belleville

April 17, 2013

South Wood Discount Liquor

Linden

April 17, 2013

Krauszers

West Orange

April 24, 2013

Newark Community Pharmacy

Newark

May 1, 2013

Subway Restaurant

Verona

May 20, 2013

Dawson and his conspirators robbed each of these establishments at gunpoint, stealing cash, cigarettes and other items. In 15 of the 17 robberies, Dawson and his conspirators used zip-ties or duct tape to restrain their victims.

In the MS&K robbery on April 1, 2013, Dawson threatened the clerk of the store with a .380 caliber semi-automatic handgun. When the clerk resisted, Dawson fired his gun at the clerk, ordered the clerk to lie down and then stole $9,000 from the cash register.

In the robbery of Krauszers in West Orange on April 24, 2013, Dawson and a conspirator tied up three individuals in the store with zip-ties before stealing approximately $600 and several cartons of cigarettes. Dawson injured a store employee by hitting the victim in the head with his firearm.

On Jan. 1, 2013, Dawson and others agreed to steal a Mitsubishi Gallant parked on Underwood Street in Newark. Before driving away with the car, Dawson and his conspirators brandished multiple firearms to subdue the driver, with one conspirator using his firearm to strike the driver in the head.

In addition to the prison term, Judge Walls sentenced Dawson to serve three years of supervised release and ordered him to pay $72,518 in restitution. 

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation. He also thanked the Belleville, Bloomfield, Kearny, Linden, Maplewood, Newark, Paramus, Verona and West Orange police departments, along with the New Jersey State Police and the Essex County Prosecutor’s Office, for their work on this case.

The government is represented by Assistant U.S. Attorneys Jamari Buxton and Rahul Agarwal of the U.S. Attorney’s Office Criminal Division in Newark.

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Defense counsel: Assistant Federal Public Defender Candace Hom Esq., Newark

NEWARK, N.J. – A Bergen County, New Jersey, man was sentenced today to 17 months in prison for his role in one of the nation’s largest and longest running stolen identity refund fraud schemes ever identified, U.S. Attorney Paul J. Fishman announced today.

David Pinski, 75, of Fort Lee, New Jersey, previously pleaded guilty before U.S. District Judge Claire C. Cecchi to conspiracy to defraud the United States and theft of government funds. Judge Cecchi imposed the sentence today in Newark federal court.

The scheme caused more than 8,000 fraudulent U.S. income tax returns to be filed, which sought more than $65 million in tax refunds, and which resulted in the losses to the United States of more than $12 million.

According to documents filed in this case and statements made in court: Stolen Identity Refund Fraud

Stolen Identity Refund Fraud (SIRF) is a common type of fraud committed against the United States government that results in more than $2 billion in losses annually to the United States Treasury. SIRF schemes generally share a number of hallmarks: • SIRF perpetrators obtain personal identifying information, including Social Security numbers and dates of birth, from unwitting individuals, who often reside in the Commonwealth of Puerto Rico.

• SIRF perpetrators complete Individual Income Tax Return Form 1040s (Form 1040) using the fraudulently-obtained information, and falsifying wages earned, taxes withheld and other data. Perpetrators use data to make it appear that the “taxpayers” listed on the fraudulent 1040 forms are entitled to tax refunds – when in fact, the various tax withholdings indicated on the fraudulent 1040s have not been paid by the listed “taxpayers,” and no refunds are due.

• Perpetrators direct the U.S. Treasury Department to issue the refunds through checks  generated by the fraudulent 1040 forms to locations they control or can access, in various ways.

• Certain SIRF perpetrators sell the tax refund checks at a discount to face value. In turn, the buyers then cash the checks, either themselves or using straw account holders, by cashing checks at banks or check cashing businesses, or by depositing checks into bank accounts. When cashing or depositing refund checks, SIRF perpetrators often present false or fraudulent identification documents in the names of the “taxpayers” to whom the checks are payable.

The Investigation

Federal law enforcement agencies created a multi-agency task force in New Jersey composed of investigators from the IRS and the U.S. Postal Inspection Service, along with the U.S. Secret Service, and with assistance from the Drug Enforcement Administration. The New Jersey Task Force, with assistance from U.S. Immigration and Customs Enforcement, Homeland Security Investigations, revealed that from at least 2007, dozens of individuals in the New Jersey and New York area engaged in a large-scale, long running SIRF scheme.

Pinski and others obtained personal identifiers, such as dates of birth and Social Security numbers, belonging to Puerto Rican citizens. Pinski and others used those identifiers to create fraudulent 1040 forms, which falsely reported wages purportedly earned by the “taxpayers” and taxes purportedly withheld, to create the appearance that the “taxpayers” were entitled to tax refunds.

The fraudulent 1040 forms were created and filed electronically. By tracing the specific IP addresses that submitted the electronically-filed 1040s, law enforcement officers learned that just a handful of IP addresses created many of the fraudulent 1040 forms, which, in turn, led to the issuance of tax refund checks that the conspirators obtained, sold, cashed, and spent.

Conspirators purchased mail routes, that is, lists of addresses covered by a single mail carrier. Conspirators applied for tax refunds, inserted addresses along the mail route as the purported home addresses of the “taxpayers,” and obtained the checks sent to the addresses. In other instances, the conspirators applied for checks using addresses otherwise controlled by, or accessible by, certain conspirators, and collected the checks after they were delivered to those addresses. Hundreds of refund checks were mailed to just a few different addresses in a few towns, including Nutley, Somerset and Newark in New Jersey and Shirley, N.Y. After receiving the checks, Pinski and others cashed the checks and divided the proceeds.  

Members of the New Jersey Task Force identified certain “hot spots” of activity related to the scheme, where conspirators were directing millions of dollars of refunds just a few towns and cities. New Jersey Task Force members then interacted with U.S. Postal Service employees in these hot spots, and identified the characteristics of refund checks connected to the scheme. More than $22 million in fraudulently applied for refund checks were interdicted by law enforcement and never delivered.

In addition to the prison terms, Judge Cecchi sentenced Pinski to three years of supervised release and ordered him to pay restitution and forfeiture of $1,379,464.

U.S. Attorney Fishman praised special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen; the U.S. Postal Inspection Service, under the direction of Inspector in Charge Maria L. Kelokates; the U.S. Secret Service, under the direction of Special Agent In Charge James Mottola; and the Drug Enforcement Administration, under the direction of Special Agent in Charge Carl Kotowski, for the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorneys Lakshmi Srinivasan Herman, Zach Intrater, Mala Ahuja Harker, and Danielle Walsman of the U.S. Attorney’s Office Criminal Division in Newark.

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Defense Counsel: Samuel DeLuca Esq., Jersey City, N.J.

TRENTON, N.J. – An employee of several related Parsippany, New Jersey-based construction companies today admitted underreporting significant amounts of cash income on his tax return, U.S. Attorney Paul J. Fishman announced.

Frank Chimento III, 46, of Verona, N.J., pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of subscribing to a false personal federal income tax return in 2007.

According to the documents filed in this case and statements made in court: Chimento Construction, Chimento Construction Services, and FAC Construction, were   commingled companies specializing in commercial masonry and concrete work (the “Chimento Companies”). From 2008 through 2011, the Chimento Companies’ primary construction job was the Palmer Square project in Princeton, New Jersey. Chimento Companies operated a cash payroll for a significant portion of the wages paid to employees during the period 2006 through 2011. Chimento worked for the Chimento Companies for more than 10 years and was one of the employees who received cash wages.

In 2007, Chimento briefly operated his own excavation business. An analysis of his bank accounts showed payments in 2007 from the Chimento Companies totaling $85,860. Chimento failed to report $45,860 of that income on his 2007 federal personal income tax return. He also admitted in court that he did not file individual income tax returns for 2008 through 2011 although he received approximately $100,000 in cash wages in 2008, and a total of $351,788 in cash wages during the years 2009 through 2011.

The count of subscribing to a false tax return is punishable by a maximum potential penalty of three years in prison and a $250,000 fine. As part of his guilty plea, Chimento agreed to make full restitution to the IRS for all losses resulting from the filing of false tax returns. Sentencing is scheduled for Jan. 13, 2015.

U.S. Attorney Fishman credited special agents of the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Cheryl Garcia New York Regional Office; and special agents of IRS-Criminal Investigation, under the leadership of Acting Special Agent in Charge Jonathan D. Larsen, for the investigation leading to today’s guilty plea. He also thanked the N.J. Department of Labor and Workforce Development, under the leadership of Commissioner Harold J. Wirths, for its assistance in the investigation.

The government is represented by Senior Litigation Counsel Leslie Faye Schwartz of the U.S. Attorney’s Office Economic Crimes Unit in Newark.

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Defense counsel: Paul John Casteleiro Esq., Hoboken, N.J.

ChimentoIII, Frank Information

Company In Top 3 Percent of Transport Provider Medicare Earners After Operator Barred From Medicare Participation for Previous Crime

NEWARK, N.J. – A Passaic County man who operates a lucrative New Jersey ambulance company was arrested this morning at his home by special agents of the FBI and the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) on charges he ran the service after being barred from doing business with Medicare and laundered government payments, U.S. Attorney Paul J. Fishman announced.

Imadeldin Awad Khair, 54, of Paterson, New Jersey, is charged by complaint with one count of health care fraud and one count of money laundering. He is expected to appear today before U.S. Magistrate Judge Michael A. Hammer in Newark federal court.

According to the criminal complaint unsealed today:

As a result of his 2003 conviction on a New Jersey state health care charge, Khair was excluded from participating in any capacity in Medicare, Medicaid, or other federal health care program for a minimum period of 11 years.

Despite this, Khair has – since 2011 – been an operator and a de facto owner of K & S Invalid Coach, a licensed ambulance and wheelchair transportation service operating out of Clifton, New Jersey. Nearly all of K & S’ patients are Medicare beneficiaries requiring regular transportation to dialysis treatment. Since September 2011, Medicare Part B has paid more than $6 million in claims submitted by K & S. Thus far in 2014, K & S has been in the top 3 percent of the more than 400 ambulance transport providers in the state of New Jersey, as measured by receipt of payments from Medicare.

Since 2011, Khair and others at K & S have concealed his involvement at K & S from Medicare, including his substantial control over K & S’s bank accounts and operations, including the authority to hire and terminate employees, determine employee salaries, and enforce company policies. Since 2011, Khair has received more than $485,000 from K & S, and additional funds have been transferred to his wife.

After Medicare had directly deposited the money into a bank account in the name of K & S, Khair transferred money to various other accounts. In particular, on Nov. 15 2012, Khair wrote a check for $15,500 against a K & S operating account, made payable to an individual with the initials “E.A.,” endorsed by Khair, and deposited into an account in the name of E.A. Including this and other transactions from K & S operating accounts, Khair caused more than $86,000 to be transferred to that account. On Feb. 8, 2013, Khair caused a wire transfer in the amount of $86,295 to be made from the bank account in the name of E.A. for the purpose of completing a real estate transaction through which the property in which Khair resides was nominally transferred to E.A.

In filing the complaint, the United States is seeking to forfeit the property as proceeds and property involved in money laundering.

Each of the two counts with which Khair is charged carry a maximum potential penalty of 10 years in prison and a fine of $250,000, or twice the gain or loss from the offense.

U.S. Attorney Fishman credited special agents of the Federal Bureau of Investigation,  under the direction of Special Agent in Charge Aaron T. Ford in Newark; and HHS-OIG, under the direction of Special Agent in Charge Thomas O’Donnell, with the ongoing investigation leading to these charges.

The government is represented by Assistant U.S. Attorneys Danielle Alfonzo Walsman and Danielle M. Corcione of the U.S. Attorney’s Health Care and Government Fraud Unit, as well as Assistant U.S. Attorney Barbara Ward of the office’s Asset Forfeiture and Money Laundering Unit.

The charges and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.

U.S. Attorney Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $540 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.

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Khair, Imadeldin Awad Complaint

NEWARK, N.J. - A Middlesex County, New Jersey, man admitted his role in two bank robberies, U.S. Attorney Paul J. Fishman announced today.
 
Peter Greer, 40, of New Brunswick, New Jersey, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging him with two counts of bank robbery.
 
According to documents filed in this case and statements made in court: Greer admitted using intimidation to rob the Valley National Bank in Newark, New Jersey, on Sept. 27, 2012. Greer entered the bank, approached the bank teller and provided a note that said “give me the money in hundred dollar bills.” The teller complied and Greer fled the bank with the money. Greer also admitted to using intimidation to rob the rob Sovereign Bank, located in Newark on Oct. 31, 2012.  Greer entered the bank, approached the bank teller and provided a note that said “I have a gun, give me money.” This time the teller did not comply, and Greer fled the bank without any money.

The bank robbery counts carry a maximum potential penalty of 20 years in prison and a fine of $250,000, or twice the gross gain or loss from the offense, for each count with which he is charged. Sentencing is scheduled for Jan. 5, 2015.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to charges. He also thanked the Passaic Police Department and the Passaic County Sheriff’s Department for their contribution to the case.

The government is represented by Assistant U.S. Attorney Danielle M. Corcione of the Criminal Division in Newark, N.J.

Greer, Peter Information

TRENTON, N.J. – A Georgia man living in Long Island, N.Y., was sentenced today to 121 months in prison for traveling from New York to New Jersey to have sexual contact with a minor, U.S. Attorney Paul J. Fishman announced.

Richard J. Simone Jr., 23, of Acworth, Ga., previously pleaded guilty before U.S. District Judge Mary L. Cooper in Trenton federal court to Count One of an indictment charging him with traveling across state lines for the purpose of engaging in sexual conduct with a minor. Simone has been in custody since his arrest in September 2013. Judge Cooper imposed the sentence in Trenton federal court.

According to documents filed in this case and statements made in court:

Simone admitted that beginning in July 2013, he engaged in numerous graphic communications over the Internet with an individual he believed was the father of a 9-year-old girl. In those communications, Simone discussed having sex with the girl and her minor babysitter.  The individual with whom he was corresponding was actually an undercover agent from the Department of Homeland Security, Homeland Security Investigations, and both of the minors were fictitious. On Sept. 13, 2013, Simone traveled from Long Island to Monmouth County, N.J., for the purpose of having sex with the two minors. Simone was arrested when he arrived at the location where he and the undercover had arranged to meet. 

In addition to the prison term, Judge Cooper sentenced Simone to five years of supervised release.

U.S. Attorney Fishman credited agents of Homeland Security Investigations, Immigrations and Customs Enforcement, under the direction of Special Agent in Charge Andrew M. McLees in Newark; the West Long Branch Borough Police Department, under the direction of Chief of Police Lawrence L. Mihlon, for the investigation leading to today’s guilty plea. He also thanked HSI New York; U.S. Customs and Border Protection, and the Monmouth County Prosecutor’s Office, for their assistance with the investigation.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and
Obscenity Section (CEOS) in the Justice Department’s Criminal Division, Project Safe
Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

The government is represented by Assistant U.S. Attorneys Fabiana Pierre-Louis and Harvey Bartle, attorney in charge of the U.S. Attorney’s Trenton Office.

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Defense counsel: Guy L. Womack Esq., Houston, Texas

CAMDEN, N.J. – A federal jury convicted a brother and sister and one other person today for conspiring to defraud financial institutions as part of a $15 million mortgage fraud scam that used phony documents and “straw buyers” to make illegal profits on overbuilt condos, U.S. Attorney Paul J. Fishman announced.

The jury returned the guilty verdicts after five hours of deliberation following a four-week trial before U.S. District Judge Jerome B. Simandle in Camden federal court. Nancy Wolf-Fels, 57, of Toms River, New Jersey; Dwayne Onque, 46, of Belleville, New Jersey; and Mashon Onque, 43, of East Orange, New Jersey, were each convicted of one count of conspiracy to commit wire fraud. Dwayne Onque was also convicted of one count of conspiracy to commit money laundering.

According to the documents filed in this case and the evidence at trial:

The defendants and their conspirators schemed to defraud financial institutions by locating oceanfront condominiums overbuilt by financially distressed developers and negotiating a buyout price with the sellers. They then caused the sales prices for the properties – located in Wildwood Crest and North Wildwood, New Jersey, other locations in New Jersey and in Naples, Florida – to be much higher than the buyout price to ensure large proceeds. Other defendants helped conceal the true sales prices of certain properties through inflated sales contracts and finder’s fee agreements.

From 2007 through mid-2008, Wolf-Fels served as a loan officer at the Forked River Branch of the mortgage company, Mortgage Now. She and her conspirators originated six loan applications for unqualified buyers that contained false and fraudulent information. Working with her conspirators – including one who manufactured fake bank statements, retirement account statements and pay stubs to support the false loan applications – Wolf-Fels assembled the loan applications and sent them to victim financial institutions, which lent the unqualified buyers mortgage funds. 
From late 2006 through mid-2007, Dwayne Onque served as a “straw buyer” of five properties in Middletown, New Jersey, and Wildwood, New Jersey. For each of the five properties, he signed false and fraudulent loan applications and closing documents that resulted in the release of more than $2 million of mortgage funds. 

During 2006 and 2008, Mashon Onque served as a title agent at Tri-State Title Agency in Montclair, New Jersey. She acted as the closing agent for fraudulent mortgage loans orchestrated by her conspirators, including Timothy Ricks and her brother, Dwayne Onque. The conspirators put together buyers and sellers in real estate transactions, and then filed false and fraudulent loan applications containing inflated income figures for the borrowers. After the mortgage lenders approved the loans, Mashon Onque prepared and signed fraudulent settlement statements that falsely claimed that the borrowers had made down payments to close the loans.

The wire fraud conspiracy charge carries a maximum potential penalty of 30 years in prison and a $1 million fine. The money laundering conspiracy charge carries a maximum potential penalty of 10 years in prison and a $250,000 fine. Wolf-Fels and Dwayne Onque are scheduled to be sentenced on Jan. 29, 2015. Mashon Onque is scheduled to be sentenced on Jan. 30, 2015.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, and special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, with the investigation leading to today’s convictions.

The government is represented by Assistant U.S. Attorneys Matthew T. Smith and Jacqueline M. Carle of the U.S. Attorney’s Office Criminal Division in Camden.

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Defense counsel: Wolf-Fels: Paul Urbania Esq., Shrewsbury, N.J.
Dwayne Onque: Peter Levin Esq., Philadelphia
Mashon Onque: Anne Singer Esq., Haddonfield, N.J.

WASHINGTON –  The Justice Department, on behalf of the Food and Drug Administration (FDA), has filed suit in the U.S. District Court for the District of New Jersey against Pharmaceutical Innovations Inc. and its president Gilbert Buchalter, New Jersey U.S. Attorney Paul J. Fishman and Acting Assistant Attorney General Joyce R. Branda for the department’s Civil Division, announced today.

According to the complaint, the defendants violated the Federal Food, Drug and Cosmetic Act (FDCA) by manufacturing and distributing adulterated and misbranded medical devices.  The devices at issue are gels that hospitals and other caregivers use to take ultrasound scans.  Under the FDCA, a device manufacturer must: comply with current good manufacturing practice requirements; obtain required premarket approval or clearance before distributing its devices and notify the FDA and follow-up on any reports of serious injuries or deaths associated with its devices.  The government alleges that the company violated each of these requirements.

“Patients should be able to have confidence that the healthcare products they use are safe,” U.S. Attorney Fishman said. “Actions like the one we are taking here reinforce the law that manufacturers adhere to strict approval and production requirements. We are committed to stopping those who don’t.”

“Today’s action furthers the FDA’s mission of ensuring that all medical devices sold to hospitals and other caregivers are produced in conformance with current good manufacturing practice requirements,” said Acting Assistant Attorney General Branda.  “Device manufacturers who undermine this mission will be held accountable.” (DRAFT)

The complaint alleges that FDA inspections at Pharmaceutical Innovations’ Newark, New Jersey, facility have identified numerous and repeated deviations from current good manufacturing practices, including that the company has failed to show that it: validated its dry heat sterilization and dry heat treatment processes; routinely monitors its water systems to ensure that the water is suitable for manufacturing medical devices and routinely sanitizes the tubing and connections of its water systems to ensure objectionable microorganisms do not reside in the inner piping surface.  The complaint further alleges that Pharmaceutical Innovations has not sought FDA approval or clearance for the new ultrasound gels it has brought into the market.  As a result, according to the complaint, the defendants’ products are adulterated and misbranded devices under the FDCA.

According to the complaint, in February 2012, a Michigan hospital reported that it had traced infections among 16 surgical patients to a specific gel made by Pharmaceutical Innovations.  However, the company failed to submit a medical device report to the FDA after becoming aware of these infections as required by law.  FDA testing on samples of that gel identified bacterial contamination, and after the United States filed a seizure lawsuit, relevant lots of Pharmaceutical Innovations’ ultrasound gel were seized by the U.S. Marshals Service.

The complaint alleges that, despite numerous warnings from FDA, the defendants have failed to bring their operations into compliance with the law.  The Justice Department will seek a permanent injunction requiring the defendants to cease manufacturing, processing, packing, labeling, holding and distributing devices until they comply with the FDCA and applicable FDA regulations.

The FDA referred this matter to the Justice Department. The Consumer Protection Branch of the Civil Division and the U.S. Attorney’s Office for the District of New Jersey filed this case on behalf of the United States.

The government is represented by Trial Attorney Daniel Crane-Hirsch of the Consumer Protection Branch, Assistant U.S. Attorney Lucy Muzzy of the U.S. Attorney's Office's Health Care and Government Fraud Unit, and Associate Chief Counsel Julie Dohm of FDA's Office of Chief Counsel.

A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.

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Pharmaceutical Innovations Complaint

CAMDEN, N.J. – A Camden man today admitted his involvement in a heroin distribution ring, U.S. Attorney Paul J. Fishman announced.

Keenan Johnson, a/k/a “Super Star K,” a/k/a “K,” 30, pleaded guilty before U.S. District Court Judge Joseph E. Irenas to an information charging him with conspiring to distribute more than 100 grams of heroin.

According to documents filed in this case and statements made in court:

From December 2007 through June 2012, Johnson conspired with others to distribute and possess with the intent to distribute more than 100 grams of heroin. 

The counts to which Johnson pleaded guilty carry a maximum potential penalty of 40 years in prison and a fine of $5 million. Under terms of the plea, Johnson must forfeit to the United States $ 52,380 seized from his residence, as well as four vehicles, jewelry, and a Glock 26 9mm semi-automatic handgun. Sentencing is scheduled for Jan. 16, 2015.

U.S. Attorney Fishman credited special agents of the FBI’s Resident Agency in Cherry Hill, N.J., under the direction of Special Agent in Charge Edward J. Hanko; and the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Jacqueline M. Carle of the U.S. Attorney’s Office Criminal Division in Camden.

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Defense attorney: Jose L. Ongay Esq., Camden

Forty-one Months for Giuseppe Giudice, 15 Months for Teresa Giudice

NEWARK, N.J. – Two of the stars of the television show “The Real Housewives of New Jersey” were sentenced today to prison terms for committing a string of crimes as part of a long-running financial fraud conspiracy, U.S. Attorney Paul J. Fishman announced.

Teresa Giudice, 42, and her husband, Giuseppe “Joe” Giudice, 44, both of Towaco, New Jersey, were sentenced to 15 months and 41 months in prison, respectively. Both defendants previously pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to several counts of the superseding indictment returned against them in July 2013. The Giudices each pleaded guilty to one count of conspiracy to commit mail and wire fraud, one count of bankruptcy fraud by concealment of assets, one count of bankruptcy fraud by false oaths, and one count of bankruptcy fraud by false declarations. Giuseppe Giudice also pleaded guilty to one count of failure to file a tax return. Judge Salas also imposed the sentences today.

Judge Salas ordered Teresa Giudice to report to the Bureau of Prisons on Jan. 5, 2015, to begin serving her sentence. Giuseppe Giudice will report to serve his sentence after his wife finishes serving her prison term.

“The Giudices together deceived financial institutions with patently false loan applications; were dishonest when they sought the protection of the bankruptcy court and hid assets and income from the trustee; and Giuseppe Giudice cheated the government by failing to pay taxes on years of significant income,” U.S. Attorney Fishman said. “When they pleaded guilty, both admitted swearing to statements they knew were lies. Prison is the appropriate penalty for these serious financial crimes.”

“The Federal Deposit Insurance Corporation (FDIC) Office of Inspector General is pleased to join the U.S. Attorney’s Office and our law enforcement partners in this final phase of the prosecution,” Fred W. Gibson, FDIC’s Principal Deputy Inspector General, said. “Today’s sentences highlight the seriousness of offenses that undermine the integrity of the financial services industry. We are committed in our efforts to uncover such fraudulent schemes that cause harm to FDIC-insured institutions and to the Nation’s housing industry.”

“Reality hit home today for Giuseppe and Teresa Giudice,” Jonathan D. Larsen, Acting Special Agent in Charge, IRS-Criminal Investigation, Newark Field office, said. “They are now both convicted felons with prison sentences to serve. Choosing lies over the truth when dealing with the IRS, banks, and the bankruptcy court will not be tolerated.”

“Concealing assets and lying in a bankruptcy case are crimes, deserving of punishment,” Roberta A. DeAngelis, U.S. Trustee for Delaware, New Jersey and Pennsylvania (Region 3), said. “The Giudices remain responsible for paying their debts. They lost the protection our bankruptcy laws afford debtors because they broke the law to obtain it.”

According to documents filed in this case and statements made in court:

From September 2001 through September 2008, Giuseppe and Teresa Giudice engaged in a mail and wire fraud conspiracy in which they submitted fraudulent applications and supporting documents to lenders in order to obtain mortgages and other loans. The Giudices falsely represented on loan applications and supporting documents that they were employed and/or receiving substantial salaries when they were either not employed or not receiving such salaries.

In September 2001, Teresa Giudice applied for a $121,500 mortgage loan for which she submitted a loan application falsely claiming she was employed as an executive assistant. She also submitted fake W-2 forms and fake pay stubs purportedly issued by her employer. For a $361,250 mortgage loan that Teresa Giudice obtained in July 2005, she and Giuseppe Giudice prepared a loan application which falsely stated she was employed as a realtor and that she made a monthly salary of $15,000. In fact, Teresa Giudice was not employed at the time.

On Oct. 29, 2009, they filed a petition for individual Chapter 7 bankruptcy protection in U.S. Bankruptcy Court in Newark. Over the next few months, they filed several amendments to the bankruptcy petition. As part of the bankruptcy filings, the Giudices were required to disclose to the United States Trustee their assets, liabilities, income and any anticipated increase in income. The Giudices intentionally concealed businesses they owned, income they received from a rental property, and Teresa Giudice’s true income from the television show “The Real Housewives of New Jersey,” website sales, and personal and magazine appearances. The Giudices concealed their anticipated increase in income from the then-upcoming second season of the show. They also testified falsely under oath in bankruptcy proceedings when questioned about their assets and income.

Giuseppe Giudice also admitted that during tax years 2004 through 2008, he received income totaling $996,459 but did not file tax returns for those years.           

In addition to the prison terms, Judge Salas sentenced Giuseppe and Teresa Giudice each to two years of supervised release, and ordered the couple to forfeit $414,588. Additionally, the judge fined Giuseppe Giudice $10,000 and fined Teresa Giudice $8,000.

Giuseppe Giudice was advised by the court that he faces deportation after serving his sentence. That decision will be made by U.S. Immigrations and Customs Enforcement following completion of his prison sentence.

U.S. Attorney Fishman credited special agents of the FDIC-OIG New York, under the direction of Principal Deputy Inspector General Gibson; special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Larsen; and Region 3 U.S. Trustee DeAngelis and the Newark office of the U.S. Trustee, with the investigation.

The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Criminal Division, and Counsel to the U.S. Attorney Rachael A. Honig, in Newark.

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Defense counsel: Teresa Giudice: Henry E. Klingeman Esq., Newark
Giuseppe Giudice: Miles Feinstein Esq., Clifton, N.J.

NEWARK, N.J. – A member of the international criminal street gang Mara Salvatrucha (also known as “MS” or “MS-13”), today admitted trying to kill a rival gang member, U.S. Attorney Paul J. Fishman announced.

Marvin Garcia-Cruz, a/k/a “Buffalo,” 31, of West New York, New Jersey, pleaded guilty today before U.S. District Court Judge Stanley R. Chesler to one count of conspiring to commit murder in aid of racketeering and one count of conspiring to possess firearms in furtherance of a crime of violence. Garcia-Cruz was previously indicted in July 2014 with numerous other top-ranking members of MS-13 for various racketeering crimes.

According to documents filed in this case and statements made in court:

Garcia-Cruz admitted to being the leader of an MS-13 set, or “clique,” operating in Hudson County, known as “Pinos Locos Salvatrucha.” In November 2013, leaders of several MS-13 cliques operating in northern New Jersey hatched a plot to murder rival gang members. Before carrying out the plot, these local gang leaders sought authorization from some of the highest-ranking members in the gang’s national and international leadership – including Joel Antonio Cortez, a/k/a “Pee Wee,” who served as a top deputy to Jose Juan Rodriguez-Juarez, a/k/a “Sacerdote,” the leader of Mara Salvatrucha in the United States. Law enforcement learned of the murder plot during the course of the investigation and arrested gang members, including Garcia-Cruz, before it could be carried out.

The murder conspiracy count to which Garcia-Cruz pleaded guilty carries a maximum potential penalty of 10 years in prison and a $250,000 fine. The firearm conspiracy count carries a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for Jan. 21, 2015.

Aside from Garcia-Cruz, eight defendants – including Cortez and Rodriguez-Juarez – remain in federal custody, awaiting trial on the indictment pending before Judge Chesler.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation leading to today’s guilty plea. The investigation involved multiple FBI Field Offices, with substantial assistance provided by the FBI Field Office in Los Angeles. Fishman also thanked the Hudson County Prosecutor’s Office, under the direction of Acting Prosecutor Gaetano T. Gregory, and the Union County Prosecutor’s Office, under the direction of Acting Prosecutor Grace Park, for their work on this case. He also acknowledged the U.S. Attorney’s Office for the Central District of California for its assistance in the ongoing investigation.

 The government is represented by Assistant U.S. Attorneys James M. Donnelly and Andrew J. Bruck of the U.S Attorney’s Office Organized Crime/Gangs Unit in Newark.

The charges and allegations contained in the indictment are merely accusations, and the other defendants are presumed innocent unless and until proven guilty.

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Defense Counsel: Pierre Eloi Esq., Orange, New Jersey     

Rodriguez-Juarez, Jose Juan et al. Indictment

TRENTON, N.J. – A Hunterdon County, New Jersey, man was arrested at his home by U.S. Marshals this morning on a charge that he allegedly sexually abused a woman at Joint Base McGuire-Dix-Lakehurst, U.S. Attorney Paul J. Fishman announced.

Ioannis V. Karazoupis, 27, of Flemington, New Jersey, a member of the N.J. Army National Guard, is charged by indictment with sexual abuse. He is scheduled to appear this afternoon before U.S. Magistrate Judge Lois H. Goodman in Trenton federal court.

According to the indictment:

On May 4, 2014, Karazoupis engaged in a sexual act with a person who at the time was incapable of appraising the nature of the conduct and was physically incapable of declining participation and communicating unwillingness to engage in a sexual act. At the time of the alleged offense, Karazoupis’ National Guard unit was at Joint Base McGuire-Dix-Lakehurst for training. 

The sexual abuse charge with which Karazoupis is charged carries a maximum potential penalty of life in prison and a $250,000 fine.

U.S. Attorney Fishman credited special agents of the U.S. Army Criminal Investigation Command, under the leadership of Special Agent in Charge John P. Gueli, with the investigation leading to the indictment.

The government is represented by Assistant U.S. Attorney Fabiana Pierre-Louis of the U.S. Attorney’s Office Criminal Division in Trenton.

The charges and allegations contained in the indictment are merely accusations and the defendant is considered innocent unless and until proven guilty.

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Defense counsel: Jerome A. Ballarotto Esq., Trenton, N.J.

Karazoupis, Ioannis Indictment

TRENTON, N.J. – An Essex County corrections officer today admitted his involvement in a scheme to smuggle marijuana, cell phones and tobacco into the Essex County Jail, a federal pretrial detention facility, in exchange for cash bribe payments, U.S. Attorney Paul J. Fishman announced.

Stephon Solomon, 26, of Irvington, New Jersey, pleaded guilty before U.S. District Judge Mary L. Cooper in Trenton federal court to an information charging him with one count of conspiring to commit extortion under color of official right. 

According to the documents filed in this and other cases and statements made in court:

On multiple occasions between October 2013 and May 2014, Solomon, a corrections officer at the Essex County Jail, smuggled contraband – including cell phones, tobacco, and marijuana – to Quasim Nichols, 29, a federal pretrial detainee at the Essex County Jail, in exchange for cash bribes. Darsell Davis, 29, and Dwayne Harper, 30, friends of Nichols, aided in the smuggling scheme by collecting the contraband to be smuggled into the jail. Solomon received the contraband and cash bribes from Davis and then smuggled the contraband to Nichols, who ultimately sold some of the marijuana and cell phones to other inmates. The inmates purchasing marijuana and cell phones from Nichols had their friends and family pay for the items by sending Western Union money transfers to Nichols, who enlisted Davis and others to retrieve those payments for him. Charges against Nichols, Davis and Harper are still pending.

The charge for conspiring to commit extortion under color of official right to which Solomon pleaded guilty carries a maximum penalty of 20 years in prison and a maximum fine of $250,000. Under terms of the plea agreement, Solomon will forfeit $4,000, representing his proceeds from the conspiracy. Sentencing is scheduled for Jan. 21, 2015.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, and investigators with the Internal Affairs Division of Essex County Jail, under the leadership of Warden Roy Hendricks, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorneys Rahul Agarwal of the U.S. Attorney’s Office Special Prosecutions Division and Rob Frazer of the Criminal Division, Organized Crime/Gangs Unit, in Newark.

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Defense counsel: Jason Orlando Esq., Jersey City, N.J.

Solomon, Stephon Information

Grants Awarded to Hire School Resource Officers, Reduce Violence and Address Other Critical Law Enforcement Needs

NEWARK, N.J. – U.S. Attorney Paul J. Fishman, following yesterday’s announcement by the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) of nearly $124 million in nationally awarded funding, today announced the specific funding awards for the District of New Jersey.

Ten cities and counties in New Jersey will receive more than $12.2 million in funding awards aimed at creating, and in some cases protecting, 87 law enforcement positions.

“Local law enforcement is in the streets every day working to reduce violent crime and create safer neighborhoods,” said U.S. Attorney Fishman. “This federal funding recognizes the importance of community policing as a critical piece of our crime prevention strategy. Putting more cops on the beat helps to build community trust, and that is one of the most effective things we can do to combat crime.”

The grantees and amounts awarded include:

Recipient

Total Officers Awarded

Estimated Award Amount

6

$750,000

Camden County Police Department

15

$3,248,200

Irvington, Township of

8

$1,000,000

Jersey City

15

$1,875,000

Long Branch Police Department

5

$625,000

Newark, City of

15

$1,875,000

Paramus Police Department

5

$623,592

Phillipsburg, Town of

1

$125,000

Trenton, City of

12

$1,500,000

Wildwood Police Department

5

$625,000

“The COPS Office is pleased to assist local law enforcement agencies throughout the country in addressing their most critical public safety issues,” said Ronald L. Davis, Director of the COPS Office. “Funding from this year’s program will allow many cities and counties to apply new sworn personnel to issues related to violent crime, property crime, and school safety.”

The COPS Hiring Program offers grants to state, local and tribal law enforcement agencies to hire or rehire community police officers. The program provides salaries and benefits for officer and deputy hires for three years.

Grantees for the 2014 hiring program were selected based on their fiscal needs, local crime rates, and community policing plans.

The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, COPS has awarded over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 125,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance.

For additional information about the 2014 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.

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CAMDEN, N.J. – A federal jury in Camden convicted a Philadelphia business owner today for arranging a murder for hire that led to a shooting in Atlantic City, New Jersey, U.S. Attorney Paul J. Fishman announced.

Ronald Galati, 63, was found guilty of all four counts in the indictment against him: conspiracy to commit murder for hire; conspiracy to possess and use a firearm during a crime of violence; murder for hire; and aiding and abetting the possession and use of a firearm during a crime of violence.

Galati was convicted following a two-week trial before U.S. District Judge Joseph H. Rodriguez in Camden federal court. The jury deliberated for five hours before returning its verdict.

“Ronald Galati hired two men to kill his daughter’s boyfriend outside his home,” said U.S. Attorney Fishman. “This reprehensible conduct has no place in in civilized society. We are grateful to the jury for bringing Galati to justice.”

According to documents in this case and the evidence at trial: Beginning sometime before June 2013, Galati began saying that he was going to kill his friend, Andrew Tuono. Galati told witnesses he would “kill him myself, I will strangle him, I will poke his eyes out” and “I am going to stab him right in the forehead with this thing,” referring to a pointed object. In June 2013, Galati, members of Galati’s family and associates had dinner with Tuono at a restaurant in Northfield, New Jersey. During dinner, Galati took Tuono into the kitchen and threatened to kill him.

Galati owned and operated American Collision & Automotive Center in Philadelphia, where Jerome Johnson, 45, also of Philadelphia, sometimes worked for him. Galati and Johnson approached two associates, Ronald Walker, 49, of Philadelphia, and Alvin Matthews, 47, and enlisted them to kill Tuono in a manner that would not implicate Galati. Galati promised to pay Walker $20,000 to shoot and kill Tuono.

Galati provided Johnson with several addresses associated with the intended victim. Johnson and Walker went to Tuono’s in Philadelphia.

Johnson gave Matthews a Colt .25 caliber semi-automatic handgun he had obtained near 60th Street in Philadelphia. On Nov. 30, 2013, Johnson telephoned Walker and Matthews and arranged to meet them. Galati called Johnson and told him that Tuono was in New Jersey.

Thereafter, Johnson drove Walker and Matthews to the area where Tuono lived in Atlantic City. During the drive, Johnson told Walker and Matthews that if there was a woman with Tuono, she was not to be harmed. While in Johnson’s vehicle, Matthews gave Walker the gun Johnson had given Matthews the day before. Johnson then dropped Walker and Matthews off around the corner from Tuono’s home.

Walker and Matthews then stalked Tuono from an alley adjacent to the residence. When Tuono and a woman came out of the house, Walker and Matthews approached them and got Tuono’s attention. Walker shot Tuono multiple times. The victim was transported by ambulance from the scene of the shooting to Atlantic City Medical Center for emergency surgery, where he spent six days.

Walker and Matthews were arrested as they fled from the scene.

The two conspiracy counts and the murder for hire count each carry a maximum potential penalty of 20 years in prison. The aiding and abetting firearms count carries a mandatory minimum consecutive prison sentence of 10 years and a maximum of life in prison. Each count also carries a maximum $250,000 fine. A date for sentencing has not yet been set.

Walker, Matthews and Johnson have each pleaded guilty to related offenses and await sentencing.

U.S. Attorney Fishman credited special agents of the FBI under the direction of Special Agent in Charge Aaron T. Ford; special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge George P. Belsky; and detectives of the Atlantic City Police Department, under the direction of Chief Henry White, for the investigation the case. He also thanked the Philadelphia District Attorney’s Office, under the direction of District Attorney R. Seth Williams, detectives of the Philadelphia Police Department, under the direction of Commissioner Charles Ramsey; and troopers of the Pennsylvania State Police, under the direction of Commissioner Frank Noonan, for their assistance.

The government is represented by Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney’s Office Criminal Division in Camden.

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Defense counsel: Anthony Voci Esq., Philadelphia

NEWARK, N.J. – A union officer for Local 594 of the Laborers International Union of North America (LIUNA) today admitting accepting $8,000 in bribes to allow a demolition contractor to use non-union workers on a New Jersey building project in violation of their collective bargaining agreement (CBA), U.S. Attorney Paul J. Fishman announced.

John Adams, 58, of Bridgewater, New Jersey, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging him with one count of accepting between $5,000 and $10,000 in bribes from an employer working on the New York Times building in Edison, New Jersey.

According to the documents filed in this case and statements made in court:

Adams is the business manager for Laborers Local 594 in Middlesex County, New Jersey. When the New York Times building in Edison was renovated in 2009, DAMICO Inc. was hired to do interior demolition work. DAMICO was obligated to use all union workers pursuant to a CBA with Local 594. A collective agreement regulates employee duties, employer responsibilities, and health care and pension benefits. Adams was responsible for making sure DAMICO followed the CBA.

During the 10-month period, ADAMS was paid on four occasions approximately $8,000 in total to permit DAMICO to use up to 18 non-union workers on a weekly basis. Consequently, DAMICO cost Local 594 union dues and benefit plan contributions.

As the project was concluding, LIUNA officials learned of the CBA violations by DAMICO and filed an arbitration claim against the company. In May 2013, an arbitrator ruled in favor of the union and charged DAMICO’s owners $500,000 in restitution for lost wages and benefit plan remittances. Adams is responsible, along with the DAMICO owners, for repaying $204,000 in losses to the union’s benefit plan.

The bribery charge to which Adams pleaded guilty carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for Jan. 5, 2015.

U.S. Attorney Fishman credited special agents of the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia, and special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation leading to today’s guilty plea.

The government is represented by V. Grady O’Malley, Senior Litigation Counsel of the U.S. Attorney’s Office Organized Crime/Gangs Unit in Newark.

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Defense counsel: William J. Hughes Esq., Atlantic City, New Jersey

Adams, John Information

NEWARK, N.J. - An Essex County man who left the scene of the crime by hailing a cab admitted today to robbing the New York Community Bank in Newark, U.S. Attorney Paul J. Fishman announced.

Willie Chestnut Jr., 61, of Newark, pleaded guilty before U.S. District Judge Katharine S. Hayden to an information charging him with one count of bank robbery.

According to documents filed in this case and statements made in court: Chestnut robbed the New York Community Bank in Newark on Oct. 11, 2013, by intimidating the teller and another bank employee who attempted to intercede. He approached the teller and told her he needed to make a withdrawal. After the teller handed him a withdrawal slip, Chestnut demanded bills from the top teller drawer.

Chestnut was arrested by officers of the Newark Police Department shortly after the robbery fleeing the scene in a taxi cab, wearing the same clothes he wore during the robbery, with the stolen money and the withdrawal slip in his pocket.

The bank robbery count carries a maximum potential penalty of 20 years in prison and a fine of $250,000, or twice the gain or loss from the offense. Sentencing is currently scheduled for Jan. 5, 2015.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation. He also thanked the Newark Police Department for its contribution.

The government is represented by Assistant U.S. Attorney Cari Fais of the U.S. Attorney’s Office General Crimes Unit in Newark.

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Defense counsel: Assistant Federal Public Defender Lisa Mack Esq., Newark

Chestnut Willie Jr Information.pdf

NEWARK, N.J. – A Georgia business owner who held himself out to be an investor and loan broker was sentenced today to 27 months in prison for his role in defrauding investors of more than $800,000, U.S. Attorney Paul J. Fishman announced.

Ronnie Singleton, 41, of Lithonia, Ga., previously pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to Count One of an indictment charging him with conspiring to commit wire fraud. Judge Salas imposed the sentence today in Newark federal court.

According to documents in this case and statements made in court:

Singleton owned and operated a business called Wonder World Inc. and held himself out to be a financier. Using the Internet and telephone, he met his codefendant, Michael Woodruff, 66, of Peeples Valley, Ariz., and the two agreed to work together to find investors. Singleton falsely represented that he would providing financing for real estate deals through a “European system of financing” that involved leasing financial instruments. Singleton received more than $800,000 in investors’ funds, $360,000 of which he wired to Woodruff. Instead of obtaining the promised financing for the real estate projects, Singleton instead used the investors’ money for his own personal benefit. 

In addition to the prison term, Judge Salas sentenced Singleton to three years of supervised release and ordered him to pay restitution of $830,500 in restitution. Woodruff previously pleaded guilty in Arizona federal court to his role in the scheme and is awaiting sentencing.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford; and inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Maria L. Kelokates, for the investigation leading to today’s sentencing. 

The government is represented by Assistant U.S. Attorney Jenny Kramer of the Economic Crimes Unit.

The charges and allegations against Woodruff are merely accusations and he remains innocent unless and until proven guilty.

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Defense counsel: Paul Condon Esq., Jersey City, N.J.

TRENTON, N.J. - A Lawrenceville, New Jersey, woman was sentenced today to 32 months in prison for distributing oxycodone-based prescription pills from a steakhouse in Trenton, U.S. Attorney Paul J. Fishman announced.

Mary Manfredo, 67, previously pleaded guilty before U.S. District Judge Michael A. Shipp to an indictment charging her with one count of conspiracy to distribute and possess with intent to distribute oxycodone. Judge Shipp imposed the sentence today in Newark federal court.

According to documents filed in this case and statements made in court: Manfredo admitted that from May 2011 through July 2012, she conspired with Joseph Giorgianni, a/k/a “Jo Jo,” 65, of Ewing Township, New Jersey; Charles Hall III, 51, of Trenton; Anthony DiMatteo, 33, of Trenton; Giuseppe A. Scordato, 49, of Hamilton, New Jersey; and others to illegally acquire and distribute oxycodone-based prescription pills. JoJo’s Steakhouse, a Trenton restaurant, served as a front for the conspiracy. Manfredo admitted that she received pills from Giorgianni and Hall at JoJo’s Steakhouse and then gave them to DiMatteo and Scordato. After selling the pills, DiMatteo and Scordato gave a portion of the proceeds to Manfredo, who later gave the money to Giorgianni and Hall.

For their roles in the conspiracy, DiMatteo and Scordato were sentenced to 87 months in prison and 48 months in prison, respectively.

Giorgianni and Hall also were sentenced – to 78 months in prison and 48 months in prison, respectively – after pleading guilty to the oxycodone distribution conspiracy and separate charges, including conspiring with the former Trenton Mayor Tony Mack to extort bribes and kickbacks in connection with a Trenton parking garage project.

In addition to the prison terms, Judge Shipp sentenced Manfredo to serve three years of supervised release.

U.S. Attorney Fishman credited special agents of the FBI’s Trenton Resident Agency, Newark Field Office, under the direction of Special Agent in Charge Aaron T. Ford, for the investigation.

The government is represented by Assistant U.S. Attorneys Eric W. Moran and Matthew J. Skahill of the U.S. Attorney’s Office Special Prosecutions Division in Trenton and Camden, respectively.

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Defense counsel: Anthony Simonetti Esq., Hightstown, New Jersey

New Partnership Brings Together Federal and Local Law Enforcement,
Community Leaders to Reduce Violent Crime

WASHINGTON –Attorney General Eric Holder and Assistant Attorney General Karol V. Mason for the Office of Justice Programs today launched the Violence Reduction Network (VRN), a national comprehensive approach to reduce violent crime in communities around the country. The Justice Department’s ability to provide intensive training and cutting-edge technical assistance will give local officials and law enforcement executives in each of the partner communities the support they need to advance anti-violence strategies. 

Camden, New Jersey, was selected as one of six cities slated to receive resources as part of the effort. Paul J. Fishman, U.S. Attorney for the District of New Jersey, was invited along with United States Marshal for the District of New Jersey Juan Mattos Jr.; Special Agents in Charge George P. Belsky of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, and Carl J. Kotowski of the Drug Enforcement Administration, New Jersey Division; J. Scott Thomson, Chief of the Camden County Police Department; and other federal, state, and local law enforcement officials working in Camden and around the country to participate in the three-day discussion on crime reduction strategies.

“This new ‘all-hands’ approach to curbing endemic violence is founded on the recognition that our efforts are most effective when all criminal justice leaders stand united,” said Attorney General Holder. “It’s predicated on the notion that – although violent crime is in some ways a fundamentally local problem – it is not one that any community can meet in isolation.”

We have seen extraordinary things from what we call C-4, the unprecedented fusion center in Camden that brings together federal, state and local partners in a truly collaborative approach to fighting violent crime,” said U.S. Attorney Fishman. “It is gratifying that Camden has been selected as a partner in the VRN, so we will be able to build on what we’ve started and ensure federal resources are being used as effectively as possible to create safer communities. We have terrific local, county, state and federal partners who share our mission to make Camden the  safe city its residents deserve”

The Violence Reduction Network will help localities access a broad spectrum of Justice Department resources – empowering the federal government to strengthen partnerships and collaboratively tackle persistent challenges caused by violent crime. The partnering cities announced today are Camden, New Jersey; Chicago, Illinois; Detroit, Michigan; Oakland/Richland, California; and Wilmington, Delaware. 

The VRN summit’s agenda is dedicated to collaborative working sessions analyzing each city’s violence challenges and discussing the variety of department resources available to address the issues. Following the summit, the department will work with police chiefs and city leaders, along with leading criminal justice researchers and practitioners, to develop effective approaches to accomplishing each city’s violence reduction strategies.

“Through our partnerships with local leaders and practitioners and the wide range of resources we have available to address America’s public safety challenges, the Department of Justice is putting its full support behind violence reduction efforts in these five cities,” said Assistant Attorney General Mason. “I am eager to begin working with each of the sites and to help define a way forward to safer, healthier communities.” 

Even with reports of national violent crime decreasing, in too many communities, crime rates have remained unacceptably high, particularly in areas where social ills like poverty, unemployment, and a lack of opportunity lead to tragic circumstances in which systemic violence can easily take root.

The launch of VRN is a result of the Obama administration’s continuing efforts to address violence in communities across the country.  Nearly a year ago, President Obama convened a meeting at the White House with 18 mayors to discuss strategies for reducing youth violence.  Following that meeting, Attorney General Holder sat down with mayors and police chiefs to talk about how the federal government can better support local efforts. 

Representatives from VRN partner federal agencies include the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco and Firearms, the United States Marshals Service, the Drug Enforcement Administration, the Executive Office of the United States Attorneys, the Community Oriented Policing Services Office, the Office on Violence Against Women and the Office of Justice Programs. 

For more VRN information visit www.bja.gov/Programs/VRN.html.

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Sentences Also Consider Separate Extortion, Narcotics Distribution and Weapons Charges

TRENTON, N.J. - Two Mercer County, New Jersey, men were sentenced today for conspiring with the former Mayor of Trenton and others to extort bribes and kickbacks in connection with a Trenton parking garage project, and for unrelated drug charges, U.S. Attorney Paul J. Fishman announced.

Joseph Giorgianni, a/k/a “Jo Jo,” 65, of Ewing Township, New Jersey, and Charles Hall III, 51, of Trenton, were sentenced to 78 and 48 months in prison, respectively. U.S. District Judge Michael A. Shipp imposed the sentences today in Newark federal court.

Giorgianni previously pleaded guilty before Judge Shipp to an indictment charging him with one count of conspiring with former Trenton Mayor Tony F. Mack, 48, Ralphiel Mack, 41, (Tony Mack’s brother) both of Trenton, Hall and others to obstruct interstate commerce by extorting individuals under color of official right in connection with the development of an automated parking garage. Giorgianni also pleaded guilty to one count of extorting individuals under color of official right in connection with the administration of a power washing contract, as well as charges contained in a separate indictment, including one count of conspiracy to distribute and possess with intent to distribute oxycodone and one count of possessing a firearm as a felon. 

Hall previously pleaded guilty before Judge Shipp to an information charging him with one count of conspiring to obstruct interstate commerce by extorting individuals under color of official right. Hall also pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute oxycodone.

According to documents filed in this case and statements made in court: Tony Mack, Ralphiel Mack, Hall, and Giorgianni conspired to accept approximately $119,000 in cash and other valuables – actually accepting $54,000 and planning to accept the rest – from two cooperating witnesses. In exchange for the payments, Tony Mack assisted them in their efforts to acquire a city-owned lot on East State Street to develop an automated parking garage. The scheme included a plan for the city of Trenton to sell the lot for far less than one of the cooperating witnesses was willing to pay – diverting $100,000 of the suggested purchase amount as a bribe and kickback payment to Giorgianni and Tony Mack. The mayor authorized and directed a Trenton official responsible for disposition of city-owned land to offer the East State Street lot to one of the witnesses for $100,000, significantly less than the amount originally proposed, so the rest could be taken as a bribe.

The defendants went to great lengths to conceal their corrupt activity and keep Tony Mack “safe” from law enforcement. For example, Giorgianni and Ralphiel Mack acted as intermediaries, or “buffers,” who accepted cash payments for Tony Mack’s benefit. 

To conceal the corrupt arrangement, the defendants avoided discussing matters related to the scheme over the telephone. When those matters were discussed, they used code words and aliases, including “Uncle Remus,” which both Giorgianni and Hall regularly used to communicate to Tony Mack that a corrupt payment had been received. The defendants also concealed their activities by holding meetings concerning the corrupt activity away from Trenton City Hall, including a restaurant maintained by Giorgianni known as JoJo’s Steakhouse.

In addition to the parking garage bribe and extortion payments, Giorgianni and Hall admitted their involvement in a narcotics distribution conspiracy with Mary Manfredo, 67, of Lawrenceville, New Jersey, and others from May 2011 to July 2012. Hall said he obtained, in coordination with Giorgianni, 13 prescriptions for oxycodone-based pain medication from a doctor in Nutley, New Jersey, which included a total of 1,560 pills. JoJo’s Steakhouse served as a front where oxycodone pills and drug proceeds were received and distributed.

Also, on July 18, 2012, Giorgianni, a convicted felon, was found in possession of four guns, including three pistols and a pump-action shotgun.

Tony F. Mack and Raphiel Mack, both convicted following a five-week trial in February 2014, were sentenced to serve 58 months in prison and 30 months in prison, respectively.

In addition to the prison terms, Judge Shipp sentenced Giorgianni and Hall each to serve three years of supervised release.

Manfredo pleaded guilty to conspiring with Giorgianni, Hall and others to distribute and possess with intent to distribute oxycodone. Manfredo awaits sentencing.

U.S. Attorney Fishman credited special agents of the FBI’s Trenton Resident Agency, Newark Field Office, under the direction of Special Agent in Charge Aaron T. Ford, for the investigation.

The government is represented by Assistant U.S. Attorneys Eric W. Moran and Matthew J. Skahill of the U.S. Attorney’s Office Special Prosecutions Division in Trenton and Camden, respectively.

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Defense counsel: Jerome A. Ballarotto Esq., Trenton

NEWARK, N.J. - A federal grand jury in Newark returned an indictment today charging two men with conspiring to sell seven firearms in New Jersey believed to have been stolen and smuggled out of Iraq after once belonging to the family of Saddam Hussein, U.S. Attorney Paul J. Fishman announced.

David Phillip Ryan, 50, of Miami, Florida, and Carlos Quirola-Ordonez, a/k/a “Julio Antonio Gonzalez,” a/k/a “Manny,” 57, of New Milford, New Jersey, are each charged with one count of conspiring to transport stolen firearms. Ryan is also charged with one count of transporting stolen property in interstate commerce.

According to the indictment and other documents filed in Newark federal court:

In April 2012, law enforcement received information that valuable firearms allegedly belonging to members of the family of the late Iraqi president Saddam Hussein were available for sale. The weapons were kept in Florida while attempts were made by Ryan, Quirola-Ordonez and others to find buyers in New Jersey. During the course of the conspiracy, seven firearms – which were appraised as a collection to be worth between $250,000 to $350,000 – were shipped to New Jersey for viewing by potential buyers.

Federal law enforcement officers seized the following firearms in the course of the investigation:

• One Coonan Arms Inc., .357 semi-automatic pistol, nickel finish, made in St. Paul, Minn., with gold inlay and a medallion “QS” on left side grip (believed to be the initials of Qusay Saddam Hussein al-Tikriti, the second son of former Iraqi President Saddam Hussein);

• One Korth, .357 magnum revolver (six shot) stamped “Made in W. Germany Waffenfabrik Koth Ratzeburg/LBG,” with gold inlay, black finish, wood grips, which displays a drawing of a wild boar;

• One Korth, .357 magnum, revolver (six shot) stamped “Made in W. Germany Waffenfabrik Koth Ratzeburg/LBG,” with gold inlay, black finish, wood grips, which displays a drawing of a moose;

• One Chinese State Factories type 64 pistol, .32 caliber semi-auto pistol, black finish, with Yemen flag icon on both sides of grip and Arabic writing on the slide;

• Two Cosmi, 12 gauge shotguns, break top, single barrel;    

• One Llama Semiautomatic .45 ACP pistol with gold leaf and gold inlays, hand engraved, bearing the initials “QS”

The conspiracy count carries a maximum potential penalty of five years in prison and a $250,000 fine. The unlawful transportation of  stolen property in interstate commerce count with which Ryan is also charged carries a maximum penalty of 10 years in prison and a $250,000 fine.

Four men, including Ryan and Quirola-Ordonez, were originally charged by complaint with related offenses. The two other individuals, Howard Blumenthal and Karlo Sauer, have pleaded guilty to their roles in this conspiracy and await sentencing.

U.S. Attorney Fishman credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of George P. Belsky; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees, with the investigation leading to the charges.

The government is represented by Joyce M. Malliet of the U.S. Attorney’s Office National Security Unit in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.

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Defense counsel:

David Philip Ryan: Michael V. Gilberti Esq., Red Bank, New Jersey
Carlos Manuel Quirola-Ordonez: Miles Feinstein Esq., Clifton, New Jersey

Ryan, David Phillip and Quirola-Ordonez, Carlos Indictment

Fakeplastic.net Responsible for More than $30 Million in Fraud

NEWARK, N.J. – The mastermind of a one-stop online shop selling counterfeit payment cards and holographic overlays used by criminals to create fake driver’s licenses admitted today to running the fakeplastic.net website, which was responsible for an estimated $30 million in fraud, U.S. Attorney Paul J. Fishman announced.

Sean Roberson, 39, of Palm Bay, Florida, pleaded guilty today before U.S. Magistrate Judge James B. Clark, III in Newark federal court, to an information charging him with one count of conspiracy to commit wire fraud and one count of conspiracy to commit fraud and related activity in connection with authentication features.

According to documents filed in this case and statements made in court:

The fakeplastic.net website was a one-stop online shop operated by Roberson and used by criminals across the country to purchase customized counterfeit credit and debit cards used for unauthorized transactions with stolen payment card data, and holographic overlays used to make fake driver’s licenses.

During his guilty plea proceeding, Roberson admitted he began selling counterfeit cards and related items as early as April 2011 and launched the fakeplastic website in June 2012. Roberson owned and operated the website with the assistance of Vinicio Gonzalez and Hugo Rebaza. Roberson admitted that he and his conspirators fulfilled orders for approximately 69,000 counterfeit payment cards, more than 35,000 holographic stickers used to make counterfeit cards appear more legitimate and more than 30,000 state identification card holographic overlays. The orders – more than 3,600 parcels – were shipped through the U.S. mail.

Law enforcement estimates the losses associated with just the counterfeit payment cards trafficked by Roberson and his conspirators at more than $30 million. During his guilty plea, Roberson admitted he personally made more than $1.7 million from the scheme.

The fakeplastic website was used by various groups of criminals across the country often referred to as “carding” or “cash out” crews. These crews bought stolen payment card numbers and related information – referred to as “track data” or “dumps” – which typically appear on the magnetic stripe on the back of legitimate payment cards. Illegal vendors of that information usually get it through hacking or skimming operations involving the installation of specialized equipment at ATM locations or point-of-sale terminals. The stolen data was ultimately put on a counterfeit payment cards, purchased from Roberson, and used to make unauthorized transactions.

Both Gonzalez and Rebaza have pleaded guilty to charges in the Western District of North Carolina relating to their activity in connection with the website.

The conspiracy to commit wire fraud count carries a maximum potential penalty of 30 years in prison and a $1 million fine, or twice the gross gain or loss from the offense. The conspiracy to commit fraud and related activity in connection with authentication features count carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. A date for sentencing has not yet been determined.

U.S. Attorney Fishman credited special agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Aaron T. Ford in Newark; and inspectors of the United States Postal Inspection Service, under the direction of Inspector in Charge Maria L. Kelokates for the investigation leading to Roberson’s guilty plea.

The Computer Crimes and Intellectual Property Section (CCIPS) of the Justice Department’s Criminal Division and the U.S. Attorney’s Office for the Western District of North Carolina have been partners in the prosecution.

The government is represented by Assistant U.S. Attorney Andrew S. Pak of the Computer Hacking and Intellectual Property Section and Barbara Ward of the office’s Asset Forfeiture and money laundering unit.
           
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Defense counsel: Assistant Federal Public Defender Patrick McMahon Esq., Newark

Roberson, Sean Information