District of New Jersey

NEWARK, N.J. – An Essex County, New Jersey, man was sentenced to 210 months in prison for his role in a conspiracy to distribute and possess with intent to distribute over one kilogram of heroin, U.S. Attorney Philip R. Selling announced today.

Furad Loyal, 42, of Newark, was convicted at trial on May 9, 2023, before U.S. District Judge Susan D. Wigenton on three counts of the indictment against him: conspiracy to distribute and possess with intent to distribute more than one kilogram of heroin, possession with intent to distribute heroin, and being a felon in possession of a firearm. He was acquitted on one count of possession of a firearm in furtherance of a drug trafficking crime. Judge Wigenton imposed the sentence on Feb. 21, 2024, in Newark federal court.

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

Loyal was a heroin supplier and a member of a drug trafficking organization (DTO) that operated in and around Hayes Street and 14th Avenue in the area of the New Community Corporation community development (NCC) in Newark. In addition to selling narcotics in and around NCC, the members shared narcotics supply, narcotics proceeds, and customers. On Nov. 21, 2017, Loyal was found inside the apartment of an NCC resident where he was stashing his heroin, his firearm, and over $11,000 in cash.

From March to August 2018, Loyal and 27 other members of the DTO were charged by criminal complaint with conspiracy to distribute heroin and cocaine base; Loyal also was charged with firearms offenses. The other 27 defendants have all since pleaded guilty to crimes in connection with their roles in the DTO.

In addition to the prison term, Judge Wigenton sentenced Loyal to five years of supervised release.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, and members of the Newark Department of Public Safety, under the direction of Director Fritz Fragé, with the investigation leading to the sentencing. He also thanked the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, the New Jersey Department of Corrections, New Jersey State Parole, and the U.S. Marshals for their assistance.

This case is part of the original Violent Crime Initiative (VCI). The VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the sole purpose of combatting violent crime in and around the Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is comprised of the U.S. Attorney’s Office, the FBI, the ATF, the DEA’s New Jersey Division, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, New Jersey State Parole, Union County Jail, New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center, New Jersey Department of Corrections, the East Orange Police Department, and the Irvington Police Department. 

The government is represented by Assistant U.S. Attorneys Elaine K. Lou and Christopher D. Amore of the U.S. Attorney’s Office’s Criminal Division in Newark.

NEWARK, N.J. – A doctor in Ramsey, New Jersey, has agreed to pay nearly $700,000 to resolve allegations that he and his practice violated the False Claims Act, U.S. Attorney Philip R. Sellinger announced today.

Arun Sehgal and his medical practice, Preventive & Diagnostic Medical Center P.A., have agreed to pay $693,490 plus interest to resolve allegations that they violated the False Claims Act by upcoding physician services, billing for more services than they could possibly provide in one day, and billing for services that Sehgal never provided. Sehgal is the former medical director at the New Jersey Veterans Memorial Home in Paramus, New Jersey.

The settlement announced today resolves three sets of allegations from Jan. 1, 2017, to June 1, 2022:

• The defendants regularly upcoded certain Current Procedural Terminology (CPT) codes typically used to report more complex services, or services longer in duration, relating to the evaluation and management of patients. Upcoding is alleged fraudulent medical billing in which a claim is submitted for payment regarding a service that is more expensive than the service that was performed.

• The defendants knowingly submitted claims to Medicare for services that Sehgal did not provide to patients by regularly billing for impossible days. An impossible day occurs when a physician purports to provide such a high volume of services or procedures in one day that there is no way the physician reasonably could have performed them all. For example, on March 2, 2018, the time associated with CPT codes billed by the defendants for services that Sehgal provided exceeded 43 hours.

• Sehgal allegedly purported to provide services to Medicaid beneficiaries in New Jersey on days when Sehgal was not physically in the United States.

The government is represented by Assistant U.S. Attorney Robert L. Toll of the U.S. Attorney’s Office, District of New Jersey’s Opioid Abuse Prevention and Enforcement Unit, and Trial Attorney Daniel Meyler of the Department of Justice’s Civil Division Fraud Section, with assistance from HHS-OIG.

The government’s pursuit of this matter illustrates its efforts to combat healthcare fraud. One of the strongest tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

The claims resolved by the settlement are allegations only and there has been no determination of liability.

 

sehgal.settlement.pdf

CAMDEN, N.J. – A Philadelphia man today admitted causing a minor victim to create and send him sexually explicit images and videos and sending the victim obscene images of himself, U.S. Attorney Philip R. Sellinger announced.

Francisco Andres-Medina, 33, pleaded guilty before Chief U.S. District Judge Renée Marie Bumb in Camden federal court to two counts of an indictment charging him with receipt of child pornography and transfer of obscene material to a minor.

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

In March and April 2020, Medina communicated over the internet with a 15-year-old victim located in Camden County, New Jersey. After learning that his victim was 15 years old, Medina sent her obscene photographs of his exposed penis. Medina also caused the victim to produce videos and images of the victim engaged in sexually explicit conduct. Medina then caused the victim to send him the sexually explicit images and videos. Medina also directed the victim to send him a video of the victim having sex with another individual. 

The count of receiving child pornography is punishable by a mandatory minimum penalty of five years in prison and a maximum of 20 years in prison. The count of transferring obscene material to a minor is punishable by a maximum of 10 years in prison. Each count carries a fine of up to $250,000. Sentencing is scheduled for June 26, 2024.

U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, and the Camden County Prosecutor’s Office High Tech Crimes and Special Victims Units, under the direction of Prosecutor Grace C. MacAulay, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorneys Jeffrey Bender and Josephine Park of the U.S. Attorney’s Office in Camden.

 

andresmedina.indictment.pdf

NEWARK, N.J. – A Middlesex County, New Jersey, man was sentenced today to 33 months in prison for his role in fraudulently obtaining over $2.1 million in federal Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL), U.S. Attorney Philip R. Sellinger announced.

Arlen G. Encarnacion, 38, of Perth Amboy, New Jersey, previously pleaded guilty before U.S. District Judge Georgette Castner in Trenton federal court to a two-count information charging him with conspiracy to commit wire fraud and money laundering.

On Aug. 8, 2023, Jacquelyn Pena, 38, and Kent Encarnacion, 30, both of Perth Amboy, also separately pleaded guilty before Judge Castner to informations charging each of them with conspiracy to commit wire fraud and money laundering and were each sentenced to probation.

“This defendant fraudulently obtained funds earmarked for struggling Americans who needed financial relief during the COVID 19 pandemic. Today’s sentence demonstrates that those who used the pandemic to illegally enrich themselves will be held accountable. My office will continue to bring to justice individuals who have engaged in COVID-related fraud.” 

U.S. Attorney Philip R. Sellinger

“Brazen schemes have callously defrauded COVID-19 relief programs and caused undue financial harm to both hardworking Americans and businesses alike,” Christopher A. Nielsen, Inspector in Charge, U.S. Postal Inspection Service, Philadelphia Division, said. “Today’s sentencing illustrates that Postal Inspectors will continue its efforts to identify and hold accountable, those individuals who steal pandemic funds to fulfill their own greed.” 

“IRS Criminal Investigation and our law enforcement partners are committed to investigating and prosecuting those who engage in acts of COVID-related fraud,” said Tammy Tomlins, Special Agent in Charge of Newark Field Office. “Today, Mr. Encarnacion was held accountable for fraudulently obtaining over $2.1 million in federal Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL). His conscious decision to participate in this illicit scheme has cost him his freedom.”

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

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted in March 2020 and was designed to provide emergency financial assistance to the millions of Americans who were suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of hundreds of billions of dollars in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. The CARES Act also authorized the Small Business Administration to provide EIDLs of up to $2 million to eligible small businesses that were experiencing substantial financial disruption due to the COVID-19 pandemic.

To obtain a PPP or EIDL loan, a qualifying small business was required to apply and provide information on its operations, including the number of employees and expenses. In addition, businesses generally had to provide supporting documentation.

Arlen Encarnacion submitted 11 fraudulent PPP loan applications and three fraudulent EIDL applications on behalf of purported businesses. Kent Encarnacion helped submit one of the fraudulent PPP applications, and Pena helped submit three of the other fraudulent PPP applications. Each application contained false representations, including bogus federal tax return documentation and fabricated information about the number of employees and wages paid. Based on these alleged misrepresentations, lenders, Federal Home Loan Bank members, and the Small Business Administration collectively provided the purported businesses with approximately $2.1 million in federal COVID-19 emergency relief funds meant for distressed small businesses. Arlen Encarnacion received the bulk of the fraudulent proceeds, and together with Kent Encarnacion and Pena, they misappropriated all of the funds.  

In addition to the prison term, Judge Castner sentenced Encarnacion to three years of supervised release and ordered restitution of $2.18 million.

U.S. Attorney Philip Sellinger credited postal inspectors of U.S. Postal Inspection Service in Newark, under the direction of Postal Inspector in Charge Nielsen, Philadelphia Division; special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Tomlins; special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Special Agent in Charge Thomas Mahoney; special agents of the Social Security Administration – Office of the Inspector General, New York Field Division, under the direction of Special Agent in Charge Sharon MacDermott; special agents of the Federal Housing Finance Agency – Office of Inspector General, under the direction of Special Agent in Charge Robert Manchak; special agents of the Office of Inspector General for the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau New York Regional Office, under the direction of Special Agent in Charge Brian Tucker; special agents of the Federal Deposit Insurance Corporation – Office of the Inspector General, under the direction of Special Agent in Charge Patricia Tarasca in New York; and special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso; with the investigation leading to today’s sentencing. He also thanked the Middlesex County Prosecutor’s Office and the Perth Amboy Police Department for their assistance.

The government is represented by Assistant U.S. Attorney Mark C. Orlowski of the U.S. Attorney’s Office’s Health Care Fraud Unit in Newark.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

NEWARK, N.J. – A Florida man was charged in an indictment unsealed today for his role in durable medical equipment (DME) kickback scheme that caused $97 million in losses to Medicare, Attorney for the United States Vikas Khanna announced today.

Raheel Naviwala, 35, of Coral Springs, Florida, is charged in a 10-count indictment with one count of conspiracy to commit health care fraud and wire fraud, three counts of health care fraud, two counts of wire fraud, one count of conspiracy to violate the federal Anti-Kickback Statute, and three counts of illegal kickbacks.  

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

Naviwala and his conspirators owned and operated multiple call centers through which they obtained doctors’ orders for durable medical equipment – orthotic braces – for Medicare beneficiaries, without regard to medical necessity. Naviwala and his conspirators obtained the DME orders through the use of marketing call centers and telemedicine companies. Naviwala and his conspirators provided these DME orders in exchange for bribes from certain companies of $125 to $450 per brace. Naviwala and his conspirators caused losses to Medicare in excess of $97 million and received kickbacks in excess of $46 million.

Conspiracy to commit health care fraud and wire fraud is punishable by a maximum potential penalty of 20 years in prison. Each count of health care fraud is punishable by a maximum potential penalty of 10 years in prison. Each count of wire fraud is punishable by a maximum potential penalty of 20 years in prison. Conspiracy to violate the federal Anti-Kickback Statute is punishable by a maximum potential penalty of five years in prison. Each count of illegal kickbacks is punishable by a maximum potential penalty of 10 years in prison.  Each count is also punishable by a fine.

Attorney for the United States Khanna credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark and Acting Special Agent in Charge is Maged Behnam in Miami, Florida; the Department of Health and Human Services-Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz; the U.S. Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service, under the direction of Acting Special Agent in Charge Brian J. Solecki; and the U.S. Department of Veterans Affairs Office of Inspector General, under the direction of Special Agent in Charge Christopher F. Algieri with the investigation leading to the charge.

The government is represented by Assistant U.S. Attorneys Matthew Specht and Ray Mateo of the Opioid Abuse Prevention & Enforcement Unit in Newark.

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

 

naviwala.indictment.pdf

NEWARK, N.J. – The Department of Justice joined the United Kingdom and international law enforcement partners in London today to announce the disruption of the LockBit ransomware group, one of the most active ransomware groups in the world that has targeted over 2,000 victims, received more than $120 million in ransom payments, and made ransom demands totaling hundreds of millions of dollars.

The U.K. National Crime Agency’s Cyber Division, working in cooperation with the Justice Department, FBI, and other international law enforcement partners disrupted LockBit’s operations by seizing numerous public-facing websites used by LockBit to connect to the organization’s infrastructure and seizing control of servers used by LockBit administrators, thereby disrupting the ability of LockBit actors to attack and encrypt networks and extort victims by threating to publish stolen data.

“For years, LockBit associates have deployed these kinds of attacks again and again across the United States and around the world. Today, U.S. and U.K. law enforcement are taking away the keys to their criminal operation,” said Attorney General Merrick B. Garland. “And we are going a step further — we have also obtained keys from the seized LockBit infrastructure to help victims decrypt their captured systems and regain access to their data. LockBit is not the first ransomware variant the Justice Department and its international partners have dismantled. It will not be the last.”

“Today’s actions are another down payment on our pledge to continue dismantling the ecosystem fueling cybercrime by prioritizing disruptions and placing victims first,” said Deputy Attorney General Lisa Monaco. “Using all our authorities and working alongside partners in the United Kingdom and around the world, we have now destroyed the online backbone of the Lockbit group, one of the world’s most prolific ransomware gangs. But our work does not stop here: together with our partners, we are turning the tables on Lockbit — providing decryption keys, unlocking victim data, and pursuing Lockbit’s criminal affiliates around the globe.”

Additionally, the National Crime Agency, in cooperation with the FBI and international law enforcement partners, has developed decryption capabilities that may enable hundreds of victims around the world to restore systems encrypted using the LockBit ransomware variant. Beginning today, victims targeted by this malware are encouraged to contact the FBI at https://lockbitvictims.ic3.gov/ to enable law enforcement to determine whether affected systems can be successfully decrypted. 

The Justice Department also unsealed an indictment obtained in the District of New Jersey charging Russian nationals Artur Sungatov and Ivan Kondratyev, also known as Bassterlord, with deploying LockBit against numerous victims throughout the United States, including businesses nationwide in the manufacturing and other industries, as well as victims around the world in the semiconductor and other industries. Today, additional criminal charges against Kondratyev were unsealed in the Northern District of California related to his deployment in 2020 of ransomware against a victim located in California. 

Finally, the Department also unsealed two search warrants issued in the District of New Jersey that authorized the FBI to disrupt multiple U.S.-based servers used by LockBit members in connection with the LockBit disruption. As disclosed by those search warrants, those servers were used by LockBit administrators to host the so-called “StealBit” platform, a criminal tool used by LockBit members to organize and transfer victim data.

“Today, the FBI and our partners have successfully disrupted the LockBit criminal ecosystem, which represents one of the most prolific ransomware variants across the globe,” said FBI Director Christopher A. Wray. “Through years of innovative investigative work, the FBI and our partners have significantly degraded the capabilities of those hackers responsible for launching crippling ransomware attacks against critical infrastructure and other public and private organizations around the world. This operation demonstrates both our capability and commitment to defend our nation's cybersecurity and national security from any malicious actor who seeks to impact our way of life. We will continue to work with our domestic and international allies to identify, disrupt, and deter cyber threats, and to hold the perpetrators accountable.”

According to the indictment obtained in the District of New Jersey, from at least as early as January 2021, Sungatov allegedly deployed LockBit ransomware against victim corporations and took steps to fund additional LockBit attacks against other victims. Sungatov allegedly deployed LockBit ransomware against manufacturing, logistics, insurance, and other companies located in Minnesota, Indiana, Puerto Rico, Wisconsin, Florida, and New Mexico. Additionally, as early as August 2021, Kondratyev similarly began to allegedly deploy LockBit against multiple victims. Kondratyev, operating under the online alias “Bassterlord,” allegedly deployed LockBit against municipal and private targets in Oregon, Puerto Rico, and New York, as well as additional targets located in Singapore, Taiwan, and Lebanon. Both Sungatov and Kondratyev are alleged to have joined in the global LockBit conspiracy, also alleged to have included Russian nationals Mikhail Pavlovich Matveev and Mikhail Vasiliev, as well as other LockBit members, to develop and deploy LockBit ransomware and to extort payments from victim corporations.

“Today’s indictment, unsealed as part of a global coordinated action against the most active ransomware group in the world, brings to five the total number of LockBit members charged by my office and our FBI and Computer Crime and Intellectual Property Section partners for their crimes. And, even with today’s disruption of LockBit, we will not stop there. Our investigation will continue, and we remain as determined as ever to identify and charge all of LockBit’s membership — from its developers and administrators to its affiliates. We will put a spotlight on them as wanted criminals. They will no longer hide in the shadows.”

U.S. Attorney Philip R. Sellinger

“Sheer terror fills everyone at hospitals, schools, companies, and government offices when they log into their computer systems and see they’ve been hacked,” FBI – Newark Special Agent in Charge James E. Dennehy said. “There's an immediate mad scramble to figure out how to get back their most vital information, and then a heated debate begins about whether or not to pay the demanded ransom. The chaos is the point. Most of the criminals who operate LockBit are just after the cash, but for the most notorious, it’s all about being savvier and smarter than everyone else. This intense investigation shows the FBI Newark, and our international law enforcement partners are disrupting these cyber groups, and more importantly - we are getting victims their information back. It’s incredible to think even starting way behind them, we catch up.”

With the indictment unsealed today, a total of five LockBit members have now been charged for their participation in the LockBit conspiracy. In May 2023, two indictments were unsealed in Washington, D.C., and the District of New Jersey charging Matveev with using different ransomware variants, including LockBit, to attack numerous victims throughout the United States, including the Washington, D.C., Metropolitan Police Department. Matveev is currently the subject of a reward of up to $10 million through the U.S. Department of State’s Transnational Organized Crime Rewards Program, with information accepted through the FBI tip website at www.tips.fbi.gov/. In November 2022, a criminal complaint was filed in the District of New Jersey charging Vasiliev in connection with his participation in the LockBit global ransomware campaign. Vasiliev, a dual Russian-Canadian national, is currently in custody in Canada awaiting extradition to the United States. In June 2023, Russian national Ruslan Magomedovich Astamirov was charged by criminal complaint in the District of New Jersey for his participation in the LockBit conspiracy, including his deployment of LockBit against victims in Florida, Japan, France, and Kenya. Astamirov is currently in custody in the United States awaiting trial.

Kondratyev, according to the indictment obtained in the Northern District of California and unsealed today, is also charged with three criminal counts arising from his use of the Sodinokibi, also known as REvil, ransomware variant to encrypt data, exfiltrate victim information, and extort a ransom payment from a corporate victim based in Alameda County, California. 

The LockBit ransomware variant first appeared around January 2020 and, leading into today’s operation, had grown into one of the most active and destructive variants in the world. LockBit members have executed attacks against more than 2,000 victims in the United States and around the world, making at least hundreds of millions of U.S. dollars in ransom demands and receiving over $120 million in ransom payments. The LockBit ransomware variant, like other major ransomware variants, operates in the “ransomware-as-a-service” (RaaS) model, in which administrators, also called developers, design the ransomware, recruit other members — called affiliates — to deploy it, and maintain an online software dashboard called a “control panel” to provide the affiliates with the tools necessary to deploy LockBit. Affiliates, in turn, identify and unlawfully access vulnerable computer systems, sometimes through their own hacking or at other times by purchasing stolen access credentials from others. Using the control panel operated by the developers, affiliates then deploy LockBit within the victim computer system, allowing them to encrypt and steal data for which a ransom is demanded to decrypt or avoid publication on a public website maintained by the LockBit developers, often called a data leak site. 

The FBI Newark Field Office is investigating the LockBit ransomware variant.

Assistant U.S. Attorneys Andrew M. Trombly, David E. Malagold, and Vinay Limbachia for the District of New Jersey and Trial Attorneys Jessica C. Peck, Debra Ireland, and Jorge Gonzalez of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the charges against Sungatov and Kondratyev unsealed today in the District of New Jersey. The Justice Department’s Cybercrime Liaison Prosecutor to Eurojust and Office of International Affairs also provided significant assistance.

The disruption announced today was the result of a joint operation between the FBI; National Crime Agency, South West Regional Organised Crime Unit; France’s  Gendarmerie Nationale Cyberspace Command; Germany’s Landeskriminalamt Schleswig-Holstein and the Bundeskriminalamt; Switzerland’s Federal Office of Police, Public Prosecutor’s Office of the Canton of Zurich, and Zurich Cantonal Police; Japan’s National Policy Agency; Australian Federal Police; Sweden’s Polismyndighetens; Royal Canadian Mounted Police; Politie Dienst Regionale Recherche Oost-Brabant of the Netherlands; Finland’s Poliisi; Europol; and Eurojust.

The FBI Phoenix Field Office and Assistant U.S. Attorney Helen L. Gilbert are investigating and prosecuting the case against Kondratyev in the Northern District of California.

Additionally, the Department of the Treasury’s Office of Foreign Assets Control announced today that it is designating Sungatov and Kondratyev for their roles in launching cyberattacks.

As mentioned above, victims of LockBit should contact the FBI at https://lockbitvictims.ic3.gov for further information. Additional details on protecting networks against LockBit ransomware are available at StopRansomware.gov. These include Cybersecurity and Infrastructure Security Agency Advisories AA23-325A, AA23-165A, and AA23-075A.      

Watch the Attorney General’s remarks at www.youtube.com/watch?v=-jKykhKKMZw.

An indictment is merely an allegation. Under U.S. law, all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

 

prs_lockbit_remarks.pdf

 

lockbit.indictment.pdf

NEWARK, N.J. – A New Jersey man whose 24-year federal prison sentence was commuted after being twice convicted of defrauding investors of a total of $230 million was indicted today with one other conspirator in another fraud scheme, U.S. Attorney Philip R. Sellinger announced.

The indictment charges Eliyahu “Eli” Weinstein, aka Mike Konig, 48, and Aryeh “Ari” Bromberg, 49, with conspiracy to commit securities fraud, securities fraud, conspiracy to commit wire fraud, four counts of wire fraud, and conspiracy to obstruct justice. Three of Weinstein and Bromberg’s alleged conspirators, Christopher Anderson, 47, Richard Curry, 36, and Alaa Mohamed Hattab, 35, previously pleaded guilty to conspiracy to commit securities fraud and are awaiting sentencing. Charges via criminal complaint are still pending against two of Weinstein and Bromberg’s alleged conspirators, Joel Wittels and Shlomo Erez.

“A federal grand jury in New Jersey has charged Weinstein and Bromberg with defrauding victim investors out of tens of millions of dollars. As alleged, soon after Weinstein got out of jail after receiving a Presidential commutation, he picked his Ponzi schemer’s playbook back up and allegedly started ripping off victims again. Weinstein allegedly used a fake name and worked with Bromberg and others to falsely promise access to deals involving scarce medical supplies, baby formula, and first-aid kits supposedly destined for wartime Ukraine. Weinstein didn’t try to make his prior victims whole – he made more victims, as alleged in the indictment. This office will aggressively investigate and prosecute fraudsters who allegedly prey on innocent investors.”

U.S. Attorney Philip R. Sellinger

“The adage ‘history repeats itself’ proves true in the case we’ve built against Weinstein and his co-conspirators,” FBI – Newark Special Agent in Charge James E. Dennehy said. “We allege he persuaded investors to put money into several ventures, based on taking advantage of the COVID pandemic, the baby formula shortage, and even the war in Ukraine. Our investigation shows those ventures weren’t real, and to use the exact words the subjects used - it was a Ponzi scheme. Weinstein squandered his pardon from the highest office in this country for similar criminal behavior. He now faces justice, a second time.”

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

Weinstein was convicted two times in New Jersey federal court for defrauding investors. His first case involved a real estate Ponzi scheme, and his second case stemmed from additional fraud Weinstein committed while on pretrial release. For these crimes, which resulted in combined losses to investors of approximately $230 million, Weinstein was sentenced to serve 24 years in prison, followed by three years of supervised release. On Jan. 19, 2021, after Weinstein had served less than eight years, the President of the United States at that time commuted Weinstein’s term to time served, leaving intact the rest of his sentence.

Soon after being released from prison, Weinstein began orchestrating a new scheme to solicit money from investors through a company called Optimus Investments Inc. (Optimus). Using the fake name “Mike Konig,” Weinstein ran Optimus with Bromberg and Wittels. They kept Weinstein’s true name and identity hidden because, as Weinstein acknowledged in a secretly recorded conversation, investors wouldn’t give them “a penny” if they learned of Weinstein’s involvement.

Weinstein, Bromberg, and Wittels received the bulk of investor money through a second company, Tryon Management Group LLC, which was owned and controlled by Anderson and Curry. Tryon promised these individual investors – consisting mostly of friends and family – lucrative opportunities to invest in deals involving COVID-19 masks, scarce baby formula, and first-aid kits supposedly bound for wartime Ukraine. Posing as Mike Konig, Weinstein provided the information for these supposed deals. Based on that information, investors gave money to Tryon, believing the deals were legitimate and not knowing about Weinstein’s involvement. In turn, Tryon transferred those funds to Weinstein, through Optimus.

In February 2022, almost immediately after Tryon and Optimus started receiving investor money, Tryon was unable to pay its investors. Rather than reveal this information to investors, the conspirators agreed to pool money from existing investors of both Optimus and Tryon and use it to make monthly payments to other investors in a Ponzi-like fashion. The conspirators concealed this arrangement from investors by falsely telling investors that the payments derived from legitimate investment returns, not other investors’ money.

In late August 2022, Weinstein revealed his true identity to Anderson and Curry, admitting in a secretly recorded meeting, “I am Eli Weinstein.” In another recorded August 2022 meeting, Weinstein admitted to misappropriating Tryon investor money and making various false statements and sending fake documents concerning the purported Optimus deals. Weinstein acknowledged that he was conducting a Ponzi scheme, stating, “I finagled, and Ponzied, and lied to people to cover us.”

Once Anderson and Curry learned that Mike Konig was actually Weinstein, they agreed with Weinstein, Bromberg, and other conspirators to continue concealing Weinstein’s identity from investors and to raise additional money to pay off existing Tryon investors, all in an effort to stop the Ponzi scheme from falling apart and to cover up the fraud.

In addition to defrauding investors, Weinstein and Bromberg also conspired to obstruct justice. They helped hide Weinstein’s assets that should have been used to pay over $200 million in restitution that he still owes his previous victims. They also concealed Weinstein’s myriad business activities, which he was required to disclose to the court and which were expressly prohibited by the terms of his supervised release. In multiple secretly recorded conversations, Weinstein discussed his intent to conceal his various assets from the government. In one such conversation, Weinstein referenced hidden assets that he “can’t touch” while on supervised release because he’d otherwise “go to jail.” Weinstein then boasted, “I just told you something that no one in the world knows because I hid money. Get it?”

The conspiracy and substantive securities fraud charges are each punishable by a maximum of 5 years in prison and a $5 million fine. The conspiracy and substantive charges of wire fraud are punishable by a maximum of 20 years in prison and a maximum fine of either $250,000 or twice the gain or loss from the offense, whichever is greatest. The obstruction conspiracy charge is punishable by a maximum of five years in prison and a maximum fine of either $250,000 or twice the gain or loss from the offense, whichever is greatest.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy, with the investigation leading to the charges in this case. He also expressed appreciation for the Securities and Exchange Commission, under the direction of Antonia Apps, Director of the SEC’s New York Regional Office.

The government is represented by Assistant U.S. Attorneys Jonathan Fayer, Carolyn Silane, and Marko Pesce of the Economic Crimes Unit in Newark.

The charges and allegations against Weinstein, Bromberg, Wittels, and Erez are merely allegations, and they are presumed innocent unless and until proven guilty.

 

weinsteinbromberg.indictment.pdf

NEWARK, N.J. –  A Chicago man was charged today in a fraud scheme that defrauding victims of over $3.7 million, U.S. Attorney Philip R. Sellinger announced.

Phillip Galles, 57, is charged by indictment with one count each of wire fraud and commodities fraud.

“As alleged, Phillip Galles defrauded multiple victims by falsely posing as a successful hedge fund manager who would invest their money in commodity futures through his Chicago-based investment company Tyche Asset Management,” U.S. Attorney Sellinger said. “In reality, Galles made virtually no real investments, spent time working as a dog walker and not a fund manager, and misappropriated over $3.7 million in victims’ money. We will continue to work relentlessly to pursue those who prey on investors through lies and deception.”

U.S. Attorney Philip R. Sellinger

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

Galles, a former commodities trader, defrauded his victims by falsely claiming that he would invest their money in commodity futures through his purported investment company called Tyche Asset Management, based in Chicago. As part of the scheme, Galles and those working for him falsely told prospective investors that Tyche had a history of success using proprietary trading strategies, with extraordinary annual rates of return exceeding 100 percent. In reality, Tyche made virtually no legitimate investments in commodity futures or otherwise.  Galles instead ran Tyche like a Ponzi scheme and used investor money to pay back other investors and for his own personal expenses.

Galles met with an undercover agent in New Jersey purporting to be an investment manager looking to make a large investment. Galles repeatedly lied during those meetings about Tyche and his own personal history. He falsely claimed that Tyche had annual returns of 336 percent, raised over $2 billion within 60 days of starting the fund, and had prominent investors, including a Kuwaiti sovereign fund and a well-known owner of a professional sports team. Galles also falsely claimed that he graduated from a prominent university in the Midwest. In total, Galles defrauded more than a dozen victims of more than $3.7 million.

The counts with which Galles is charged are each punishable by a maximum of 20 years in prison and a fine of $250,000 or twice the gross gain or loss involved in the offense, whichever is greatest.

U.S. Attorney Sellinger credited special agents of the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas Mahoney in Newark, and postal inspectors of the U.S. Postal Inspection Service in Newark, under the direction of Postal Inspector in Charge Christopher A. Nielsen, Philadelphia Division, with the investigation leading to the charges. He also expressed appreciation to the Commodity Futures Trading Commission and the National Futures Association.

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

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

galles.indictment.pdf

NEWARK, N.J. – A Union County, New Jersey, man was sentenced today to 80 months in prison for receiving videos and images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.

Joshua Cremosnik, 50, of Rahway, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge Julien Xavier Neals to an information charging him with one count of receipt of child pornography. Judge Neals imposed the sentence today in Newark federal court.

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

From April to August 2021, Cremosnik received videos of child sexual abuse via a publicly available online peer-to-peer (P2P) file-sharing program. Subsequent to a lawful search of his residence, law enforcement officers recovered numerous videos and images of child sexual abuse on Cremosnik’s laptop and electronic storage media. Cremosnik acknowledged using the P2P network to request and receive child pornography materials and stored those materials on his laptop and electronic storage media.

In addition to the prison term, Judge Neals sentenced Cremosnik to five years of supervised release and ordered restitution of $208,694.

U.S. Attorney Sellinger credited the Newark Child Exploitation and Human Trafficking Task force, under the direction of FBI Special Agent in Charge James E. Dennehy, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Farhana C. Melo of the Criminal Division in Newark.

NEWARK, N.J. – A California pharmaceutical company has agreed to pay $750,000 to resolve allegations that it violated the False Claims Act by causing the submission of claims for certain opioids in violation of the federal Anti-Kickback Statute, U.S. Attorney Philip R. Sellinger announced today.

From Dec. 1, 2015, through Aug. 31, 2016, Sentynl Therapeutics Inc., of Solana Beach, California, a specialty pharmaceutical company, marketed and sold prescription opioids Abstral and Levorphanol Tartrate (Levorphanol).

The settlement resolves allegations that, during the relevant time period, Sentynl knowingly caused the submission of claims for Abstral and Levorphanol medications to Medicare in violation of the federal Anti-Kickback Statute. These allegedly false claims resulted from Sentynl’s alleged indirect payment of kickbacks to a physician. Specifically, the United States contends that Sentynl hired the girlfriend of a physician who was a top prescriber of Transmucosal Immediate Release Fentanyl (TIRF) medications to act as a sales representative in South Florida – the same region in which the physician practiced. Sentynl hired, employed, and made salary and bonus payments to the physician’s girlfriend to induce the physician to prescribe its Abstral and Levorphanol medications.

“The opioid crisis has had devastating impacts here in New Jersey and for the country at large. This office is committed to combatting this crisis at every level of the healthcare system, from the prescribers to the manufacturers. Here, this pharmaceutical company is alleged to have indirectly paid unlawful kickbacks to a doctor by employing his girlfriend in an effort to improperly induce him to prescribe their opioid products. Today’s settlement holds them accountable for this alleged wrongdoing and reflects law enforcement’s ongoing commitment to protecting the integrity of medical decision-making and combatting the opioid crisis.”   

U.S. Attorney Philip R. Sellinger

"Pharmaceutical companies that sold opioids are being held accountable for improper inducements offered to prescribers,” FBI – Newark Special Agent in Charge James E. Dennehy said. The Newark FBI and our law enforcement partners will continue our pursuit of those who continue to believe the rules don’t apply to them.”

“Pharmaceutical companies are not exempt from their responsibilities to operate within the confines of the law,” Special Agent in Charge Cheryl Ortiz of the Drug Enforcement Administration’s New Jersey Field Division said. “We are glad our diversion investigators were able to assist efforts to bring this matter to a resolution.”

“Some violations of the Anti-Kickback Statute, like those alleged here, can induce physicians’ imprudent prescribing of controlled substances,” stated Special Agent in Charge Naomi Gruchacz with the U.S. Department of Health and Human Services Office of Inspector General. “Individuals and entities that participate in the federal health care system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients.”

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; investigators of the U.S. Drug Enforcement Administration (DEA), under the direction of Special Agent in Charge Cheryl Ortiz; special agents of the U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz, with the investigation leading to the settlement.

The government is represented by Assistant U.S. Attorney Susan J. Pappy of the U.S. Attorney’s Office, District of New Jersey’s Health Care Fraud Unit and Robert L. Toll of the Office’s Opioid Abuse Prevention and Enforcement Unit, and Trial Attorney Douglas J. Rosenthal of the Department of Justice’s Civil Division, Commercial Litigation Branch (Fraud Section).

The government’s pursuit of this matter illustrates its efforts to combat healthcare fraud. One of the strongest tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

The claims resolved by the settlement are allegations only and there has been no determination of liability.

 

sentynl.settlement.pdf

TRENTON, N.J. – A Middlesex County, New Jersey, man was arrested today for allegedly inducing a minor to send him sexually explicit pictures and videos and engaging in sexually explicit conduct over an online chat platform, U.S. Attorney Philip R. Sellinger announced.

Jeremy Greenwald, 45, of South Amboy, New Jersey, is charged by complaint with one count of sexual exploitation of a child, one count of online enticement of a minor to engage in criminal sexual conduct, and one count of receipt of child pornography. Greenwald appeared this afternoon before U.S. Magistrate Judge Rukhsanah L. Singh in Trenton federal court and was detained.

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

From May 2022 through February 2023, Greenwald used an online chat application to communicate with a minor victim located outside of New Jersey. At Greenwald’s request, the minor victim created and sent Greenwald over the online platform images and videos of the victim engaging in sexually explicit conduct. He directed the victim to perform certain sexual activities, even using items Greenwald had purchased and sent the victim to use during the videos, including sex toys and costumes. Greenwald also paid the victim to produce and send to Greenwald the images and videos of the victim engaged in sexually explicit conduct.

The sexual exploitation charge is punishable by a mandatory minimum penalty of 15 years in prison and a maximum potential penalty of 30 years in prison and a $250,000 fine. The charge of online enticement carries a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a $250,000 fine. The charge of receipt of child pornography carries a mandatory minimum sentence of five years in prison, a maximum potential penalty of 20 years in prison, and a $250,000 fine.

U.S. Attorney Sellinger credited the Newark Child Exploitation and Human Trafficking Task force, under the direction of FBI Special Agent in Charge James E. Dennehy, with the investigation leading to today’s arrest.

The government is represented by Assistant U.S. Attorney Tracey Agnew of the U.S. Attorney’s Office Criminal Division in Trenton.

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

 

greenwald.complaint.pdf

NEWARK, N.J. – A Middlesex County, New Jersey man was charged with possessing, receiving, and distributing images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced today.

Francisco Villafane, 37, of Perth Amboy, New Jersey, was charged by complaint with one count of possession, one count of receiving, and one count of distributing child pornography. Villafane was arrested on Feb. 12, 2024, made his initial appearance on Feb. 13, 2024, before U.S. Magistrate Judge Jessica S. Allen in Newark federal court, and was detained.

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

In 2020, Villafane communicated with a minor victim over text message. They lost contact but they communicated again in late 2023. Villafane exchanged sexually explicit content with the victim and solicited explicit material from victim, including videos of the victim engaging in sexual acts at Villafane’s request.

The charge of possession of child pornography carries a maximum penalty of 10 years in prison and a $250,000 fine. The charges of receipt and distribution of child pornography each carry a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and a $250,000 fine.

U.S. Attorney Sellinger credited the Newark Child Exploitation and Human Trafficking Task force, under the direction of FBI Special Agent in Charge James E. Dennehy in Newark, and the Perth Amboy Police Department under the direction of Chief of Police Larry Cattano, with the investigation.

The government is represented by Assistant U.S. Attorney Daniel H. Rosenblum of the General Crimes Unit in Newark.

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

 

villafane.complaint.pdf

NEWARK, N.J. – Four individuals were charged for their roles in a conspiracy to receive, retitle, and “re-VIN” stolen vehicles, U.S. Attorney Philip R. Sellinger announced today.

Nathaniel Bell, aka “David Jones,” 26, of Linden, New Jersey; Johnathan Tanksley, 30, of Orange; L’Hubermane Felix, 24, of Miami, Florida; and Dayanna Sarango-Hidalgo, 28, of Newark, are each charged by complaint with one count of conspiracy to receive stolen vehicles. Bell is additionally charged with five counts of altering or removing motor vehicle identification numbers (VIN) and one count of transportation of stolen vehicles. Felix made his initial appearance today before U.S. Magistrate Judge Jessica S. Allen in Newark federal court. Bell, Tanksley and Sarango-Hidalgo made their initial appearances earlier this month before U.S. Magistrate Judge Edward S. Kiel in Newark federal court.

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

The defendants conspired to obtain stolen vehicles from New Jersey, New York, Florida, and other states, obtained fraudulent titles for the stolen vehicles, and altered vehicle identification numbers to conceal the fact that the vehicles were stolen. The stolen cars were then sold to dealerships or individual purchasers so the defendants could make a profit. In at least one instance, the defendants sold a stolen car to an individual purchaser and then stole it back so they could sell it again. They accomplished this by placing Apple AirTags in the stolen vehicles to track the location of the vehicle after its sale. 

Each defendant faces up to five years in prison on the conspiracy charge. The maximum penalty that Bell faces for each count of altering or removing a motor vehicle identification number is five years in prison, and the maximum penalty for transporting a stolen vehicle is 10 years.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the charges. He also thanked the New Jersey State Police Auto Theft Task Force; the Port Authority of New York and New Jersey; the New Jersey Motor Vehicle Commission; the Union County Prosecutor’s Office; the National Insurance Crime Bureau; the Jersey City Police Department; the Belleville Police Department; the Rahway Police Department; the Linden Police Department; the Roselle Police Department; the Eatontown Police Department; the Freehold Police Department; the Elizabeth Police Department; the Miami Police Department (Florida); the Florida Highway Patrol; Florida Fish and Wildlife Conservation Commission; the Howard County Police Department (Maryland); the New York Police Department; the Nassau County Police Department (New York); the Georgia Department of Revenue; the New Jersey Division of Criminal Justice; the Deputy Attorney General’s Office; the FBI Miami Office; the FBI Cleveland Office; and the FBI Milwaukee Office. 

The government is represented by Assistant U.S. Attorney Alison Thompson of the General Crimes Unit in Newark.

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

 

belletal.complaint.pdf

CAMDEN, N.J. – An Essex County, New Jersey, man was sentenced today to 138 months in prison for committing three armed robberies of pharmacies in Elizabeth, New Jersey, for oxycodone and other prescription medication, U.S. Attorney Philip R. Sellinger announced.

Charles Johnson, 28, of Irvington, New Jersey, previously pleaded guilty before U.S. District Judge Karen M. Williams to an information charging him with three counts of Hobbs Act robbery and one count of brandishing a firearm during a crime of violence. Judge Williams imposed the sentence today in Camden federal court.

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

Throughout June and July 2022, Johnson robbed three different pharmacies in Elizabeth using a similar approach for each of the robberies, including brandishing a firearm, committing the robberies in the morning, demanding that employees of the pharmacies provide Johnson with oxycodone, promethazine, and other prescription medication, and threatening to shoot individuals in the pharmacies with a firearm. Law enforcement officials collected extensive video surveillance footage that linked Johnson to the robberies.

In addition to the prison term, Judge Williams sentenced Johnson to three years of supervised release.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; the Union County Prosecutor’s Office, under the direction of Prosecutor William A. Daniel; and the Elizabeth Police Department, under the direction of Chief Giacomo Sacca, for the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Joseph Stern of the General Crimes Unit in Newark.

NEWARK, N.J. – A Paterson Police Department officer today admitted using excessive force during two separate arrests, U.S. Attorney Philip R. Sellinger announced.

Kevin Patino, 32, of Wayne, New Jersey, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to a superseding information charging him with two counts of violating an individual’s civil rights.

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

On Nov. 26, 2020, Patino responded to a call for backup from another officer who was attempting to disperse a crowd of people on Main Street in Paterson. Patino observed the other officer engaged in a verbal exchange with the first victim. Patino directed the victim to move away from the officer, but the victim initially declined to do so. Patino then pushed the victim  away from the other officer and the victim walked away from Patino. Patino also began to walk away but then returned to confront the victim, who did not pose a danger to Patino or anyone else, and pushed the victim into the street. Patino then grabbed the victim, threw the victim to the ground, and proceeded to repeatedly strike the victim while the victim was on the ground. Another police officer intervened while Patino was striking the victim and handcuffed the victim.

On Dec. 14, 2020, Patino responded with another officer in an unmarked police vehicle to a call regarding a suspicious person on Madison Avenue in Paterson. Patino, along with other officers, encountered an individual who appeared to be the person described in the call. While the officers were engaged with this individual, the second victim walked towards the officers and observed their interaction with the individual, before walking away. After the officers ended their encounter with the individual, Patino and another officer drove away in their unmarked police vehicle. The officer who was driving the unmarked vehicle then made a sharp turn towards the second victim, who was walking down the street, and parked the vehicle. Patino got out of the vehicle and struck the victim, who did not pose a danger to Patino or anyone else, in the face and body several times. After the other officer grabbed hold of the victim and brought the victim to the ground, Patino continued to repeatedly strike the victim.

Patino agreed that in each instance his repeated use of force against each victim was unreasonable and excessive, in violation of the Fourth Amendment to the United States Constitution.

Each violation of civil rights count carries a maximum penalty of one year in prison and a maximum fine of $100,000. Sentencing is scheduled for July 23, 2024.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; the New Jersey Attorney General’s Office, under the direction of Attorney General Matthew J. Platkin; the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes; and the North Jersey Public Corruption Task Force composed of members of FBI and New Jersey State Police.

The government is represented by Assistant U.S. Attorneys Bernard J. Cooney of the Criminal Division and the Civil Rights Division’s Criminal Civil Rights Task Force, and Joseph Gribko, Deputy Chief of the U.S. Attorney’s Office’s Civil Rights Division.

 

patino.sinformation.pdf

CAMDEN, N.J. – An Essex County, New Jersey, man today admitted conspiring with two others in a kickback scheme to defraud the owner of a condominium complex in Jersey City of $470,000, U.S. Attorney Philip R. Sellinger announced.

Jonathan Smith, 56, of Montclair, New Jersey, pleaded guilty before U.S. District Judge Karen M. Williams in Camden to an information charging him with one count of conspiracy to commit wire fraud.

Smith’s conspirator, Nathaniel Obedos, pleaded guilty on July 6, 2023, before Judge Williams and is awaiting sentencing. Ranaldo Bennett, Smith’s other conspirator, was arrested and charged for the same conduct, and his case is still pending.

According to the publicly filed documents and statements made in Court:

From November 2018 through July 2020, Smith conspired with Bennett and Obedos to engage in a kickback scheme to defraud the owner of the condominium complex. Bennett was the complex’s lead property manager and Smith was its superintendent. Bennett and Smith steered repair and maintenance work to Obedos and his company. Bennett and Smith requested and received kickbacks from Obedos. To fund these kickbacks, Bennett and Smith falsified invoices that grossly inflated the value of Obedos’s work. Relying on those fake invoices, the complex paid Obedos the inflated prices, and Obedos then used the excess money to pay Bennett and Smith kickbacks. The complex paid Obedos and his company over $1 million for work that was actually valued at $500,000. Obedos used the overpayments to pay $460,000 in kickbacks to Bennett and approximately $30,000 in kickbacks to Smith.

The charge of conspiracy to commit wire fraud carries a maximum potential penalty of 20 years and a maximum fine of $250,000, or twice the gross gain or loss from the offense, whichever is greatest. Sentencing for Smith is scheduled for June 10, 2024.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the today’s guilty plea.

The government is represented by Assistant U.S. Attorney Blake Coppotelli of the U.S. Attorney’s Office Economic Crimes Unit.

The charges and allegations against Bennett are merely accusations, and he is presumed innocent unless and until proven guilty.

 

smith.information.pdf

TRENTON, N.J. – A Monmouth County, New Jersey, man was sentenced today to 45 months for defrauding 14 victims of more than $1.2 million and fraudulently obtaining a loan of approximately $96,000 meant for small businesses during the COVID-19 pandemic, U.S. Attorney Philip R. Sellinger announced.

Anthony Mastroianni Jr., 49, of Manalapan, New Jersey, pleaded guilty on Sept. 13, 2023, before U.S. District Judge Robert Kirsch to an information charging him with two counts of wire fraud. Judge Kirsch imposed sentence today in Trenton federal court. 

“This defendant admitted defrauding investors by taking the money they entrusted to him and using it for his personal benefit, rather than investing it. He did this after already having agreed never to work as broker. Investors need to know their money is being used for their best interest, and not to line the pockets of criminals. Mastroianni is now realizing the price that must be paid for stealing from innocent victims.”

U.S. Attorney Philip R. Sellinger

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

In 2016, Mastroianni consented to being permanently barred by the Financial Industry Regulatory Authority (FINRA), which prohibited him from acting as a broker or intermediary in securities transactions. Despite that debarment, Mastroianni admitted that from January 2017 to August 2022 he defrauded victim investors, many of whom were senior citizens, by falsely and fraudulently claiming that he would generate large investment profits for them through his company, Global Business Development & Consulting Corporation. Instead of investing the money as promised, Mastroianni used victim funds on personal expenses. In total, Mastroianni defrauded 14 victims of approximately $1.2 million.

Mastroianni also exploited the ongoing global pandemic by submitting a false and fraudulent application to obtain approximately $96,300 from a federal COVID-19 emergency relief loan meant for distressed small businesses. As with his investment fraud scheme, Mastroianni misused the loan proceeds to make personal purchases and cash withdrawals.

In addition to the prison term, Judge Kirsch also sentenced Mastroianni to three years of supervised release and ordered restitution of $1.3 million.

U.S. Attorney Sellinger credited special agents of the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas Mahoney in Newark, with the investigation leading to today’s sentencing.

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

TRENTON, N.J. – The co-owner and the administrator of a Union City, New Jersey,  pharmacy today admitted their roles in conspiracies to defraud pharmacy benefit managers and health care benefit providers, including Medicare and Medicaid, of more than $65 million and to pay kickbacks and bribes to health care professionals and their staffs in exchange for referrals of prescriptions, U.S. Attorney Philip R. Sellinger announced.

Samuel “Sam” Khaimov, 52, and his wife, Yana Shtindler, 48, both of Glen Head, New York, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court. Khaimov pleaded guilty to two counts of a superseding indictment charging him with conspiring to commit health care fraud and conspiring to violate the federal anti-kickback statute. Shtindler pleaded guilty to conspiring to commit health care fraud. Khaimov and Shtindler’s codefendants, Ruben Sevumyants of Marlboro, New Jersey, and Alex Fleyshmakher of Morganville, New Jersey, have already pleaded guilty to counts in the superseding indictment and are awaiting sentencing.

“These defendants admitted taking part in an elaborate and years-long scheme to use their specialty pharmacy to rip off Medicare, Medicaid and private insurers. They paid bribes, kickbacks, set up phony jobs in doctors’ offices. They took reimbursements for medications that never dispensed and falsified records, defrauding insurers­ via pharmacy benefits managers of more than $65 million. Protecting the integrity of our healthcare system at all levels is a top priority for this office. We will continue to work relentlessly with our enforcement partners to ensure those who commit healthcare fraud or undermine the integrity of medical decision-making through bribes and kickbacks face justice, like the defendants in this case.”

U.S. Attorney Philip R. Sellinger

“The impacts of health care fraud are far-reaching,” FBI – Newark Special Agent in Charge James E. Dennehy said. “These schemes not only put a tremendous amount of strain on our resources, but also have significant impacts on insurance costs and chip away at the foundation of trust we have in our health care providers. Bottom line, the conspirators in this case put personal greed above quality patient care. While we are happy to see Khaimov, Shtindler and their crew face justice, we will remain at work for the American public and continue seeking out and shutting down these scams.”

“The defendants’ role in the conspiracies to defraud pharmacy benefit managers, health care benefit providers, and taxpayers via Medicare and Medicaid of more than $65 million is deplorable,” Tammy Tomlins, Special Agent in Charge of the IRS - Criminal Investigation Newark Field Office, said. “IRS - Criminal Investigation and our law enforcement partners will continue to pursue those who knowingly violate the law and undermine the integrity of our federal healthcare system.”

“The additional pleas in this investigation demonstrate that HHS-OIG will continue to hold accountable individuals who exploit federal health care programs for their own greed,” Naomi Gruchacz, Special Agent in Charge with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), said. “Pharmacy employees who submit fraudulent claims to Medicare and Medicaid and bribe medical providers to induce prescriptions put health care benefits for vulnerable populations at risk.”

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

The Prime Aid Pharmacies – now closed – operated as “specialty pharmacies” out of locations in Union City and the Bronx, New York. As specialty pharmacies, they processed expensive medications used to treat various conditions, including Hepatitis C, Crohn’s disease, and rheumatoid arthritis. Khaimov was a co-owner of Prime Aid Union City and the lead pharmacist of Prime Aid Bronx. Shtindler was Prime Aid Union City’s administrator. Sevumyants was Prime Aid Union City’s operations manager. Alex Fleyshmakher worked at Prime Aid Union City and was an on-paper owner of Prime Aid Bronx. His father, Igor Fleyshmakher, a co-owner of Prime Aid Union City, pleaded guilty to separate federal charges.

Initially, the Prime Aid Pharmacies obtained retail network agreements with several pharmacy benefits managers (PBM), which allowed them to receive reimbursement payments for prescription medications, including specialty medications. PBMs acted as intermediaries on behalf of Medicare, Medicaid, and other health benefit providers, so when one of the Prime Aid Pharmacies received a prescription, the pharmacy would typically submit a claim for reimbursement to the PBM that represented the beneficiary’s drug plan.

Starting in 2009, to obtain a higher volume of prescriptions, Khaimov, Sevumyants, Alex Fleyshmakher, and other Prime Aid employees paid bribes to doctors and doctors’ employees to induce the doctors and their staffs to steer prescriptions to the Prime Aid Pharmacies. The bribes included payments by cash, check, and wire transfers, as well as expensive meals and other things of value. Another method of bribery involved paying an employee to work inside a doctor’s office.

Prime Aid Union City – at the direction of Sevumyants, Shtindler, and Khaimov – also engaged in the pervasive and fraudulent practice of billing health benefit providers and PBMs for medications that were never provided to patients. While Prime Aid generally provided medications for initial prescriptions it received, it systematically billed for refills for those same medications without ever dispensing them to patients. According to the superseding indictment, from 2013 through 2017, Prime Aid Union City received at least $65 million in reimbursement payments from Medicare, Medicaid, and private health benefit providers for medications that Prime Aid Union City not only failed to give patients, but that Prime Aid Union City also never even ordered or had in stock at the pharmacy.

Over time, PBMs conducted routine audits of Prime Aid Union City and discovered its practice of billing but not dispensing medications. In response to these audits, Shtindler instructed Prime Aid employees to falsify records submitted to the PMBs. In addition, Sevumyants, with Shtindler’s knowledge and approval, forged shipping records of a private commercial shipping company to make it appear as if medications were shipped to the patients when, in fact, they were not.

The conspiracy to commit healthcare fraud count is punishable by a maximum of 10 years in prison. The conspiracy to pay illegal kickbacks is punishable by a maximum of five years in prison. Both counts are also punishable by a $250,000 fine, or twice the gross gain or loss from the offense, whichever is greatest. Sentencing is scheduled for June 13, 2024.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins in Newark; special agents of the Department of Health and Human Services-Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz; the N.J. Office of the Insurance Fraud Prosecutor, Medicaid Fraud Unit, under the direction of Interim Insurance Fraud Prosecutor Al Garcia, and the N.J. Office of the State Comptroller, under the direction of Acting Comptroller Kevin Walsh, with the investigation leading to today’s guilty pleas.

The government is represented by Assistant U.S. Attorneys Martha K. Nye of the U.S. Attorney’s Office in Trenton and Jordann R. Conaboy and Aaron L. Webman of the Opioid Abuse Prevention and Enforcement Unit of the U.S. Attorney’s Office in Newark.

 

kahimov.sindictment.pdf

NEWARK, N.J. – A Middlesex County, New Jersey, man today admitted his role in an attempted robbery in New Brunswick, New Jersey, where the victim was shot 14 times, U.S. Attorney Philip R. Sellinger announced.

Jonathan Rosales, 23, of New Brunswick, pleaded guilty today before U.S. District Judge Robert Kirsch in Trenton federal court to an indictment charging him with conspiracy to commit Hobbs Act robbery and attempted Hobbs Act robbery.

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

On Dec. 28, 2020, Rosales, along with his accomplices, Saul Peralta and Giovanni Hoyos-Jaimes, attempted to rob the victim in New Brunswick. During the struggle, the victim was shot 14 times causing him to sustain serious injuries. Peralta and Hoyos-Jaimes previously pleaded guilty before Judge Kirsch for their involvement in this incident.      

The conspiracy to commit Hobbs Act robbery and attempted Hobbs Act robbery counts each carry a maximum potential penalty of 20 years in prison. Each count also carries a fine of up to $250,000 fine, or twice the gain or loss from the offenses, whichever is greatest. Sentencing is scheduled for June 10, 2024.

U.S. Attorney Sellinger credited special agents of the FBI in Newark, under the direction of Special Agent in Charge James E. Dennehy; members of the New Brunswick Police Department, under the direction of Chief of Police Vincent Sabo; and members of the Middlesex County Prosecutor’s Office, under the leadership of Prosecutor Yolanda Ciccone, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Benjamin Levin of the National Security Unit in Newark.

 

rosales.indictment.pdf

NEWARK, N.J. – A Hudson County, New Jersey, man today admitted his role as a member of a drug trafficking organization responsible for the importation and distribution of hundreds of kilograms of fentanyl analogues, U.S. Attorney Philip R. Sellinger announced.

Sean Tighe, 48, of Kearny, New Jersey, pleaded guilty before U.S. District Judge Susan D. Wigenton in Newark federal court to a second superseding indictment charging him with drug trafficking conspiracy and international promotional money laundering conspiracy.

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

Tighe admitted that from March 2014 through September 2020, he and others agreed to import and distribute various controlled substances and controlled substance analogues, including fentanyl, fentanyl analogues, synthetic cathinones, also known as “bath salts,” such as ethylone, and ketamine. Members of the conspiracy placed orders with a source in China and agreed to distribute, and did distribute, the controlled substances and analogues in New Jersey. Tighe admitted that other members of the conspiracy provided him with controlled substances and analogues pressed into small pills for distribution.

The defendants allegedly paid for the drugs they imported by sending, or recruiting others to send, international wire payments to the Chinese sources of supply. Tighe admitted to having been responsible for transferring at least $14,000 to China from April 2014 to June 2014.

The count of drug trafficking conspiracy carries a mandatory minimum penalty of 10 years in prison and a maximum potential penalty of life in prison and a $10 million fine. The count of international promotional money laundering conspiracy carries a maximum potential penalty of 20 years in prison and a $500,000 fine. Sentencing is scheduled for Nov. 19, 2024.

U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, with the investigation leading to today’s guilty plea. He also thanked HSI in Philadelphia, the FBI – Newark Division, U.S. Postal Inspection Service in Newark, IRS-Criminal Investigation, the Newark Police Department, and the Essex County Prosecutor’s Office for their assistance.

The government is represented by Assistant U.S. Attorney Sammi Malek of the Criminal Division in Newark and Trial Attorneys Stephen Sola and Alexander Hasapidis-Sferra of the Justice Department’s Money Laundering and Asset Recovery Section. The case is being prosecuted jointly by the United States Attorney’s Office, District of New Jersey and the Money Laundering and Asset Recovery Section (MLARS) of the United States Department of Justice.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

 

tighe.ssindictment.pdf

A New Jersey man pleaded guilty today to drug trafficking and money laundering conspiracy charges.

According to court documents, from March 2014 to September 2020, Sean Tighe, 48, of Kearny, conspired to distribute and to possess with intent to distribute over nine kilograms of furanyl fentanyl and nine kilograms of 4-fluoroisobutyryl fentanylsynthetic cathinones (also known as bath salts), including ethylone; and ketamine. In addition, from March 2014 to May 2019, Tighe conspired to launder funds. In furtherance of the conspiracy, from April 2014 to June 2014, Tighe sent five wire payments from the United States to China to purchase controlled substances and/or controlled substance analogues.

Tighe pleaded guilty to conspiracy to distribute controlled substances and controlled substance analogues, including 100 grams or more of fentanyl analogues, synthetic cathinones, and ketamine, and conspiracy to launder monetary instruments. He is scheduled to be sentenced on Nov. 19. If the court accepts the guilty plea, the government and Tighe will agree to a sentence of approximately 12 to 15 years in prison, at least five years of supervised release for the drug conspiracy count, and a maximum of three years of supervised release for the money laundering conspiracy count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Philip R. Sellinger for the District of New Jersey, and Special Agent in Charge Michael Alfonso of Homeland Security Investigations (HSI) Newark made the announcement.

HSI Newark is investigating the case.

Trial Attorney Alexander Hasapidis-Sferra and Money Laundering and Forfeiture Unit Chief Stephen Sola of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorney Sammi Malek for the District of New Jersey are prosecuting the case.  Special Financial Investigations Unit Financial Investigator Kathryn Montemorra provided significant assistance.

NEWARK, N.J. – A member of the Rollin’ 60s Neighborhood Crips gang was sentenced today to 144 months in prison for his role in a racketeering conspiracy, U.S. Attorney Philip R. Sellinger announced.

Tre Byrd, aka “Bands,” aka “G Bandz,” 22, previously pleaded guilty before U.S. District Judge Susan D. Wigenton to a superseding indictment that charged him with Racketeer Influenced and Corrupt Organizations (RICO) conspiracy. Judge Wigenton imposed the sentence today in Newark federal court.

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

From 2015 through Sept. 22, 2022, Byrd was a member of the Rollin’ 60s Neighborhood Crips, a criminal enterprise responsible for acts of violence and the distribution of controlled substances in the District of New Jersey and elsewhere. In March 2019, Byrd worked with other members and associates of the gang to murder a gang rival, who was fatally shot on March 20, 2019, in Irvington, New Jersey. On June 20, 2020, Byrd and at least one other member and associate of the gang robbed a victim at gunpoint in Newark.

In addition to the prison term, Judge Wigenton sentenced Byrd to five years of supervised release.

U.S. Attorney Sellinger credited special agents of the DEA, under the direction of Special Agent in Charge Cheryl Ortiz; special agents of IRS- Criminal Investigation (IRS-CI), under the direction of Special Agent in Charge Tammy Tomlins; and special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under the direction of Special Agent in Charge Bryan Miller, as well as investigators of the U.S. Marshals Service, under Marshal Juan Mattos’ direction; the Irvington Police Department, under the direction of Police Division Director Tracy Bowers, the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, the Newark Police Department, under the direction of Public Safety Director Fragé, the Bloomfield Police Department, under the direction of Director of Public Safety Samuel A. DeMaio, the Essex County Sheriff’s Office, under Sheriff Armando B. Fontoura’s direction, the East Orange Police Department, under the direction of Chief Phyllis L. Bindi, the Elizabeth Police Department, under the direction of Police Director Earl J. Graves, the Edison Police Department, under the direction of Chief of Police Tom Bryan, the New Jersey State Police, under the direction of Colonel Patrick J. Callahan, the Union County Prosecutor’s Office, under the direction of Prosecutor William A. Daniel, the Spotswood Police Department, under the direction of Chief Philip Corbisiero, and the North Carolina State Bureau of Investigation Fugitive and Missing Person Task Force, which includes members of the FBI, for the investigations leading to the charges in the Rollin 60’s Neighborhood Crips investigation.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The government is represented by Assistant U.S. Attorney Francesca Liquori of the Special Prosecutions Division.

TRENTON, N.J. – An Ocean County, New Jersey, man was sentenced today to 360  months in prison for coercing a minor into producing images of child sexual abuse, U.S Attorney Philip R. Sellinger announced. 

Samuel Schwinger, 38, Lakewood, New Jersey, previously pleaded guilty before U.S. District Court Judge Georgette Castner to an information charging him with one count of sexual exploitation of a minor. Judge Castner imposed the sentence today in Trenton federal court.

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

In March 2019, Schwinger used an internet-based application to communicate with the victim, who was under the age of 12. Schwinger asked the victim to make sexually explicit videos of the victim and send them to him. Schwinger admitted that from October 2018 through April 5, 2019, he communicated with more than 25 minor victims for the purpose of producing and distributing sexually explicit material.

In addition to the prison term, Judge Castner sentenced Schwinger to 10 years of supervised release and ordered that he register as a sexual offender upon release.

U.S. Sellinger credited special agents Homeland Security Investigations, Cherry Hill, under the direction of Acting Special Agent in Charge Michael Alfonso in Newark; the Ocean County Prosecutor’s Office, under the direction of Prosecutor Bradley D. Billhimer; and the Lakewood New Jersey Police Department under the direction of Chief Gregory Meyer. 

The government is represented by Assistant U.S. Attorney Michelle Gasparian, Chief of the Organized Crime and Gangs Unit.

NEWARK, N.J. – A Newark man was sentenced today to 96 months in prison for participating in a conspiracy to distribute fentanyl and cocaine in the area of Lincoln Park in Newark, and for possessing five firearms in furtherance of drug trafficking, U.S. Attorney Philip R. Sellinger announced.

Khalid Holland, 44, of Newark, pleaded guilty on May 15, 2023, before U.S. District Judge Julien Xavier Neals to an information charging him with one count of possession of firearms and ammunition by a convicted felon; one count of possession of firearms in furtherance of a drug trafficking crime; and conspiracy to distribute fentanyl and cocaine. Judge Neals imposed the sentence today in Newark federal court.

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

Holland admitted conspiring to distribute fentanyl and cocaine between June 2022 and September 2022 in Newark, New Jersey. As a result of this investigation, law enforcement recovered 13 firearms at various residences, including five in Holland’s residence, hundreds of rounds of ammunition, and thousands of individual doses of fentanyl and cocaine. Holland admitted to possessing the five firearms recovered in his residence in furtherance of drug trafficking.

In addition to the prison term, Judge Neals sentenced Holland to three years of supervised release.

U.S. Attorney Sellinger credited members of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Newark Field Office, under the supervision of Special Agent in Charge Bryan Miller; members of the Drug Enforcement Administration, New Jersey Division Office in Newark, under the supervision of Special Agent in Charge Cheryl Ortiz; members of the Essex County Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura; members of the Newark Police Department, under the direction of Public Safety Director Fritz G. Fragé; and members of the Union County Prosecutor’s Office, under the direction of Prosecutor William A. Daniel, with the investigation leading to today’s sentencing.

The investigation was conducted as part of the Newark Violent Crime Initiative (VCI).  The Newark VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the sole purpose of combatting violent crime in and around Newark.  As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, New Jersey State Parole, Union County Jail, New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center, New Jersey Department of Corrections, the East Orange Police Department, and the Irvington Police Department. 

The government is represented by Assistant U.S. Attorney Benjamin Levin of the U.S. Attorney’s Office’s National Security Unit in Newark.

TRENTON, N.J. – A Somerset County, New Jersey, resident was sentenced today to 60 months in prison for distributing videos and images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.

Marcevan Manasse, 29, Somerville, New Jersey, previously pleaded guilty before U.S. District Judge Michael A. Shipp to an information charging one count of distribution of child pornography. Judge Shipp imposed the sentence today in Trenton federal court.

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

From Sept. 20, 2020, through Nov. 22, 2020, Manasse distributed material containing images and video files of child sexual abuse, via a publicly available online peer-to-peer (P2P) file-sharing network of linked computers.  Law enforcement conducted an undercover online session to access the P2P program and to download five video files and eleven images containing child pornography from an IP address assigned to an internet service provider account associated with Manasse’s residence.  These files included multiple visual depictions of pre-pubescent children engaged in sexual acts with adults.

In addition to the prison term, Judge Shipp sentenced Manasse to five years of supervised release.

U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, with the investigation leading to today’s sentencing.  He also thanked the Somerset County Prosecutor’s Office for its assistance.

The government is represented by Assistant U.S. Attorney Farhana C. Melo of the U.S. Attorney’s Office’s Criminal Division in Newark.

NEWARK, N.J. – A New Jersey man admitted violating the Travel Act using the internet to engage in money laundering, U.S. Attorney Philip R. Sellinger announced today.

Juan Perez-Aguila, 69, of Paulsboro, New Jersey, pleaded guilty on Feb. 1, 2024, before U.S. District Judge Brian Martinotti in Newark federal court to an information charging him with one count of interstate and foreign travel or transportation in aid of racketeering enterprises.

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

Perez-Aguila unlawfully accessed and controlled customer accounts of a company offering point-of-sale services and issued chargeback refunds from those accounts to other accounts that he controlled. Once he obtained the stolen funds from the customer accounts, Perez-Aguila laundered more than $20,000 of the criminally derived proceeds into another bank account that he controlled. Perez-Aguila misappropriated over $1 million from the victims of his fraudulent scheme.

The violation of the Travel Act carries a maximum penalty of five years in prison and a fine of up to $250,000. Sentencing is scheduled for June 13, 2024.

U.S. Attorney Sellinger credited special agents of the U.S. Postal Inspection Service in Newark, under the direction of Christopher A. Nielsen, Philadelphia Division, and Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, with the investigation.

The government is represented by Assistant U.S. Attorney Eric Suggs of the U.S. Attorney’s Office in Trenton.

 

perezaguila.information.pdf

NEWARK, N.J. – A Union County, New Jersey, man with businesses in Newark was sentenced today to 60 months in prison for operating an unlicensed check cashing business, U.S. Attorney Philip R. Sellinger announced.

Fernando Q. Martins, 44, of Union Township, New Jersey, previously pleaded guilty before U.S. District Judge Susan D. Wigenton to one count of operating an unlicensed money transmitting business. Judge Wigenton imposed the sentence today in Newark federal court.

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

Martins previously admitted that from 2015 through June 19, 2019, he operated a business known as Community Check Cashing in Newark, despite holding no license, registration or permission from the U.S. Department of Treasury. He cashed checks for customers in New Jersey and New York, allowing them to cash checks written to shell companies to hide the identity of the customers receiving the cash. In his plea agreement, Martins stipulated that the loss amount was between $250 million and $550 million.

In addition to the prison term, Judge Wigenton sentenced Martins to three years of supervised release, fined him $50,000 fine, and ordered forfeiture of $765,185.

U.S. Attorney Sellinger credited special agents of IRS - Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins in Newark; and special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney David E. Malagold of the Cybercrime Unit in Newark.

CAMDEN, N.J. – An Atlantic County, New Jersey, man was arrested today for his role in procuring, casting, and tabulating fraudulent mail-in ballots submitted in the Nov. 8, 2022, general election, U.S. Attorney Philip R. Sellinger announced.

Craig Callaway, 64, a former member and president of the City Council of Atlantic City and a political organizer who assisted campaigns for elected offices in New Jersey, is charged in a criminal complaint unsealed today with one count of depriving, defrauding, and attempting to deprive and defraud the residents of the state of New Jersey of a fair and impartially conducted election process by the fraudulent procurement, casting, and tabulation of ballots. Callaway is scheduled to make his initial appearance today before U.S. Magistrate Judge Matthew J. Skahill in Camden federal court.

“Holding free and fair elections is a bedrock principle of our democracy. As alleged in the complaint, the defendant attempted to deprive New Jersey residents of a fair election by fraudulently procuring and casting ballots. Today’s charges reflect our office’s commitment to hold to account those who try to undermine the electoral process.”

U.S. Attorney Philip R. Sellinger

“Voter fraud at any level chips away at the faith people have in our system,” FBI – Newark Special Agent in Charge James E. Dennehy said. “We’re unable as American citizens to hold our government accountable if our votes are compromised. The FBI and our law enforcement partners understand the gravity of protecting the process and will bring those criminals who break the law to justice.”

According to the documents filed in this case:

Approximately one month before the Nov. 8, 2022, general election, Callaway and others working at Callaway’s direction approached numerous individuals in Atlantic City promising to pay them $30 to $50 to act as purported authorized messengers for voters who supposedly wished to vote by mail.

After receiving Vote-By-Mail Applications from Callaway or his subordinates, these purported messengers entered the Atlantic County clerk’s office carrying anywhere from one to four completed Vote-By-Mail Applications. As instructed by Callaway or his subordinates, these individuals provided county clerk’s office personnel proof of identification and signed the Vote-By-Mail Applications in the authorized messenger portion before handing those signed applications to office personnel. The purported messengers waited while office personnel processed the applications and, if the applications were approved, provided to the purported messengers mail-in ballots for the voters listed on the applications.

Under New Jersey law, a messenger is required to deliver any mail-in ballot they received directly to the voter who requested the ballots, and certify that they would do so.  However, after receiving mail-in ballots, these purported messengers left the county clerk’s office and instead handed the ballots to Callaway or his subordinates.

Many of the mail-in ballots collected by Callaway or his subordinates were ultimately cast in the names of people who have confirmed that they did not vote in the 2022 General Election – either in person or by submitting a mail-in ballot – and that they did not authorize Callaway, his subordinates, or anyone else, to cast ballots for them. Many of these mail-in ballots were counted towards in the election.

The charge of the procuring, casting, and tabulating fraudulent ballots carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gain or loss from the offense, whichever is greatest.  

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Dennehy; the FBI’s Atlantic City Resident Agency's Public Corruption Task Force, including the Atlantic County Prosecutor's Office, under the direction of Prosecutor William Reynolds; the Atlantic City Police Department, under the direction of Officer in Charge Chief James A. Sarkos; and the New Jersey State Police, under the direction of Superintendent Col. Patrick J. Callahan; as well as special agents of the U.S. Department of Labor, Office of Inspector General, Northeast Region, under the direction of Special Agent in Charge Jonathan Mellone; the Department of Agriculture – Office of Inspector General, under the direction of Special Agent in Charge Bethanne M. Dinkins; and postal inspectors of the U.S. Postal Inspection Service, Philadelphia Division, under the direction of Inspector in Charge Christopher A. Nielsen, with the investigation leading to the charge. 

The government is represented by Assistant U.S. Attorney Eric A. Boden, Attorney in Charge of the Trenton Branch Office, and Assistant U.S. Attorney James H. Graham of the Organized Crime and Gangs Unit, under the supervision of the Special Prosecutions Division.

The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

callaway.complaint.pdf

TRENTON, N.J. – An Ocean County, New Jersey, man today admitted committing a series of violent assaults on members of the Orthodox Jewish community in and around Lakewood, New Jersey, U.S. Attorney Philip R. Sellinger for the District of New Jersey and Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division announced.

Dion Marsh, 29, of Manchester, New Jersey, pleaded guilty before U.S. District Judge  Zahid N. Quraishi in Trenton federal court to an information charging him with five counts of violating the federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act and one count of carjacking. Marsh is charged with willfully causing bodily injury to five victims, and attempting to kill and cause injuries with dangerous weapons to four of them, because they were Jewish.

“This defendant violently attacked five men, driving a car into four of them, stabbing one of them in the chest, and attempting to kill them, simply because they were visibly identifiable as Orthodox Jews. Today, he pleaded guilty to these hate crimes and a carjacking, and my office will ask the judge to impose a sentence that holds Marsh accountable for his brutal and hate filled rampage. The threat from hate-fueled violence is a sad reality across our state and our nation. That hate is not who we are. We are stronger as a people because no matter what you look like, how you worship, where you come from, or who you love, your civil rights must be respected and protected. My office has no higher priority than protecting the civil rights of our New Jersey residents.”

U.S. Attorney Philip R. Sellinger

“This defendant is being held accountable for his series of depraved, antisemitic assaults against members of the Orthodox Jewish community,” Assistant Attorney General Clarke said. “Hate-filled acts of violence, intended to harm, intimidate and isolate communities, have no place in our society. The Justice Department will continue to aggressively prosecute perpetrators of antisemitic violence across our country.”

“We have said time and again as we investigate a significant rise in hate crimes, hating someone isn’t a crime, but hating someone and then attacking them based on that hate is a violation of federal law,” FBI – Newark Special Agent in Charge James E. Dennehy said. “Marsh admits he targeted five innocent people in 2022 because they were Orthodox Jews. Personal beliefs don’t give someone the right to attack and attempt to kill another human being because they may not ascribe to a similar religion or way of life. We have a clear message for the communities we serve in New Jersey, if you are a victim of a hate crime or have information the FBI and our law enforcement partners should know, please report it. Silence won’t solve it, and we can’t help if we don’t know about it. You can go to tips.fbi.gov or call 1-800-CALL-FBI.”

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

On April 8, 2022, Marsh carried out a series of violent assaults on members of the Orthodox Jewish Community in and around Lakewood. Each of Marsh’s victims were attired in traditional garments worn by members of the Orthodox Jewish community and were assaulted because they were visibly identifiable Orthodox Jews.

At 1:18 p.m. on April 8, 2022, Marsh forced a visibly identifiable Orthodox Jewish man out of his car in Lakewood, assaulting and injuring him. Marsh took control of the man’s car and drove away.

At 5:20 p.m., Marsh was in Lakewood driving a different car when he deliberately struck another visibly identifiable Orthodox Jewish man with the vehicle, attempting to kill the victim.

At 6:06 p.m., Marsh used that second vehicle to deliberately strike another visibly identifiable Orthodox Jewish man, attempting to kill the victim and causing him to suffer several broken bones.

At 6:55 p.m., Marsh, once again driving the vehicle that he had stolen from the first victim, attempted to kill another visibly identifiable Orthodox Jewish man who was walking in Lakewood by deliberately striking him with the vehicle. Marsh got out of the vehicle and stabbed the man in the chest with a knife, causing the victim to suffer a stab wound and other injuries.

At 8:23 p.m., Marsh, still driving the vehicle that he had stolen from the first victim, used it to deliberately strike another visibly identifiable Orthodox Jewish man who was walking in nearby Jackson Township, New Jersey, attempting to kill the man and causing him to suffer several broken bones and internal injuries.

The four hate crimes violations charging Marsh with attempting to kill those victims each carry a statutory maximum term of life in prison and a $250,000 fine. The hate crime violation charging Marsh with assaulting the other victim carries a statutory maximum term of 10 years in prison and a $250,000 fine. The carjacking charge carries a statutory maximum term of 15 years in prison and a $250,000 fine. Marsh is scheduled to be sentenced on June 11, 2024.

U.S. Attorney Sellinger credited special agents of the FBI, Newark Division, Red Bank Resident Agency, under the direction of Special Agent in Charge Dennehy in Newark; officers of the Lakewood Police Department, under the direction of Chief of Police Gregory H. Meyer; officers of the Jackson Township Police Department, under the direction of Chief of Police Matthew Kunz; officers of the Ocean County Sheriff’s Office, under the direction of Sheriff Michael G. Mastronardy; prosecutors and detectives of the Ocean County Prosecutor’s Office, under the direction of Prosecutor Bradley D. Billhimer, and officers of the New Jersey State Police, under the direction of Superintendent Col. Patrick J. Callahan, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney R. Joseph Gribko, Deputy Chief of the U.S. Attorney’s Office’s Civil Rights Division.

 

marsh.information.pdf

A New Jersey man pleaded guilty today to committing a series of bias-motivated violent assaults on members of the Orthodox Jewish community in and around Lakewood, New Jersey.

On Feb. 1, Dion Marsh, 29, of Manchester, pleaded guilty before U.S. District Judge Zahid N. Quraishi in federal court to an information charging him with five counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act and one count of carjacking. Marsh is charged with willfully causing bodily injury to five victims and attempting to kill and cause injuries with dangerous weapons to four of the victims, because they are Jewish.

“This defendant is being held accountable for his series of depraved, antisemitic assaults against members of the Orthodox Jewish community,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Hate-filled acts of violence, intended to harm, intimidate and isolate communities, have no place in our society. The Justice Department will continue to aggressively prosecute perpetrators of antisemitic violence across our country.”

“This defendant violently attacked five men, driving a car into four of them, stabbing one of them in the chest, and attempting to kill them, simply because they were visibly identifiable as Orthodox Jews,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Today, he pleaded guilty to these hate crimes and a carjacking, and my office will ask the judge to impose a sentence that holds Marsh accountable for his brutal and hate filled rampage. The threat from hate-fueled violence is a sad reality across our state and our nation. That hate is not who we are. We are stronger as a people because no matter what you look like, how you worship, where you come from, or who you love, your civil rights must be respected and protected. My office has no higher priority than protecting the civil rights of our New Jersey residents.”

“We have said time and again as we investigate a significant rise in hate crimes, hating someone isn’t a crime, but hating someone and then attacking them based on that hate is a violation of federal law,” said Special Agent in Charge James E. Dennehy of the FBI Newark Field Office. “Marsh admits he targeted five innocent people in 2022 because they were Orthodox Jews. Personal beliefs don’t give someone the right to attack and attempt to kill another human being because they may not ascribe to a similar religion or way of life. We have a clear message for the communities we serve in New Jersey, if you are a victim of a hate crime or have information the FBI and our law enforcement partners should know, please report it. Silence won’t solve it, and we can’t help if we don’t know about it. You can go to tips.fbi.gov or call 1-800-CALL-FBI.”

According to court documents and statements made in court, on April 8, 2022, Marsh carried out a series of violent assaults on members of the Orthodox Jewish Community in and around Lakewood. Each of Marsh’s victims was attired in traditional garments worn by members of the Orthodox Jewish community and was assaulted because they were visibly identifiable as Orthodox Jews.

Specifically, at 1:18 p.m. on April 8, 2022, in Lakewood, Marsh forced a man readily identifiable by his appearance as an Orthodox Jew out of his car, assaulting and injuring him. Marsh took control of the man’s car and drove away.

At 5:20 p.m., Marsh was in Lakewood driving a different car when he deliberately struck another visibly identifiable Orthodox Jewish man with the vehicle, attempting to kill the victim.

At 6:06 p.m., Marsh used that second vehicle to deliberately strike another man identifiable by his appearance as an Orthodox Jew, attempting to kill the victim and causing him to suffer several broken bones.

At 6:55 p.m., Marsh, once again using the vehicle that he had stolen from the first victim, struck and attempted to kill another man readily identifiable as an Orthodox Jew while he was walking in Lakewood. Marsh got out of the vehicle and stabbed the man in the chest with a knife, causing the victim to suffer serious injuries.

At 8:23 p.m., Marsh, still using the vehicle that he had stolen from the first victim, deliberately struck another visibly identifiable Orthodox Jewish man who was walking in nearby Jackson Township, New Jersey, attempting to kill the man and causing him to suffer several broken bones and internal injuries.

A sentencing hearing is scheduled for June 11. Marsh faces a maximum penalty of life in prison and a $250,000 fine for each of the four hate crimes violations charging him with attempting to kill victims, a maximum sentence of 10 years in prison and a $250,000 fine for the hate crime violation charging him with assaulting the other victim and a maximum penalty of 15 years in prison and a $250,000 fine for the carjacking charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Newark Field Office’s Red Bank Resident Agency, Lakewood Police Department, Jackson Township Police Department, Ocean County Sheriff’s Office, Ocean County Prosecutor’s Office and New Jersey State Police investigated the case.

Assistant U.S. Attorney and Deputy Chief of the Civil Rights Division R. Joseph Gribko for the District of New Jersey prosecuted the case with assistance from the Justice Department’s Civil Rights Division.

NEWARK, N.J. – The U.S. Attorney’s Office filed a proposed consent decree today to resolve its lawsuit against Roosevelt Care Centers (RCC) for violating Title I of the Americans with Disabilities Act (ADA), U.S. Attorney Philip R. Sellinger announced.

According to the complaint, which was filed in federal court on March 20, 2023, Roosevelt Care Centers unlawfully terminated a dietary worker whose disability inhibited her ability to lift objects heavier than 20 pounds. Prior to her termination, the employee had been successfully working at RCC for approximately 18 years and remained able to perform the essential functions of her position. Nonetheless, Roosevelt Care Centers terminated the dietary worker’s employment due to her disability without engaging in an interactive process to provide her with a reasonable accommodation.

“Qualified individuals with disabilities must be given an equal opportunity to be part of the workforce. This settlement reflects the U.S. Attorney’s Office’s commitment to ending discriminatory employment practices and protecting the civil rights of all employees under the Americans with Disabilities Act.”

U.S. Attorney Philip R. Sellinger

Under the terms of the consent decree, which must be approved by the court, RCC has agreed to pay $50,000 in compensation to the complainant. The settlement also requires RCC to train its staff on the ADA and to periodically submit reports about its compliance with the consent decree.

Title I of the ADA prohibits employers from discriminating against a qualified individual on the basis of disability. An employer may not demote, terminate, or deny employment opportunities to an employee who is otherwise qualified if the demotion or termination is based on the need to make reasonable accommodations for the employee. 

U.S. Attorney Sellinger created a Civil Rights Division with the sole focus on enforcing federal civil rights laws, including the ADA, with the goal of protecting and upholding the civil rights of those in our community. This matter was handled by the U.S. Attorney’s newly formed Civil Rights Division based on a referral from the Newark Area Office of the Equal Employment Opportunity Commission.

Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or call the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339.  Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).

The government is represented by Assistant U.S. Attorney Thandiwe Boylan of the Civil Rights Division in Newark.

roosevelt.complaint.pdf roosevelt.decree.pdf

NEWARK, N.J. – A Morris County, New Jersey, woman employed by the U.S. Postal Service today admitted making false statements in several claim forms seeking disability compensation, U.S. Attorney Philip R. Sellinger announced.

Pamela VanSyckle, 60, of Oak Ridge, New Jersey, pleaded guilty before U.S. District Court Judge Katharine S. Hayden in Newark federal court to an information charging her with one count of federal employee compensation fraud. 

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

VanSyckle worked for the U.S. Postal Service as a rural carrier. In September 2020, VanSyckle signed and filed a claim form alleging that she sustained an injury at work.  Thereafter, she signed and filed multiple federal claim forms alleging that she had not worked or had outside employment for extended periods of time. Based on the submission of those claims, VanSyckle received $156,872 in disability payments from the federal government.

During the time in which she received disability benefits, VanSyckle was in fact working as the owner and operator of a travel agency. While alleging in her claim forms that she was neither self-employed nor involved in any business enterprise, VanSyckle performed a variety of services for the travel agency including sales, marketing, and financial operations. 

The fraud charge carries a maximum potential sentence of five years in prison and a maximum fine equal to the greatest of $250,000 or twice the gross amount of any pecuniary gain that any persons derived from the offense. Sentencing is scheduled for June 12, 2024.

U.S. Attorney Sellinger credited special agents of the U.S. Postal Service – Office of Inspector General, under the direction of Special Agent in Charge Matthew Modaferri in Newark; special agents of the U.S. Department of Labor – Office of Inspector General, under the direction of Special Agent in Charge Jonathan Mellone; and members of the Jefferson Township Police Department, under the direction of Chief Paul Castimore, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Thomas S. Kearney of the U.S. Attorney’s Office Special Prosecutions Unit in Newark.

 

vansyckle.information.pdf

CAMDEN, N.J. – A Gloucester County, New Jersey, man was sentenced today to 48 months in prison for filing false claims against the IRS, U.S. Attorney Philip R. Sellinger announced.

Christian L. Whittaker, 43, of Williamstown, New Jersey, previously pleaded guilty before U.S. District Judge Christine P. O’Hearn to one count of an indictment charging him with making false claims against the IRS. Judge O’Hearn imposed the sentence today in Camden federal court.

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

Whittaker knowingly and willfully prepared, electronically signed, and filed with the IRS false U.S. Individual Income Tax Returns (Forms 1040) for the tax years 2016 to 2019.  Whittaker claimed that a business paid him significant wages and incurred substantial losses, when in fact the business was fictitious. Based on the false claims, the IRS paid more than $300,000 in refunds to Whittaker. More than $80,000 was paid by the IRS and garnished to pay debts that Whittaker had previously incurred.

In addition to the prison term, Judge O’Hearn sentenced Whittaker to three years of supervised release and ordered restitution of $390,682.

U.S. Attorney Sellinger credited special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorneys Daniel A. Friedman and Andrew D’Aversa of the U.S. Attorney’s Office’s Criminal Division in Camden.

TRENTON, N.J. – A Brooklyn man was sentenced today to 121 months in prison for conspiring with others in a week-long strongarm extortion scheme in 2019, U.S. Attorney Philip Sellinger announced.

Francis A. Garzon, 35, of Brooklyn, New York, previously pleaded guilty before U.S. District Judge Michael A. Shipp to one count of conspiracy to commit Hobbs Act extortion and one count of attempt to commit Hobbs Act extortion. U.S. District Judge Zahid N. Quraishi sentenced Garzon today in Trenton federal court. Garzon’s codefendant, Endrit Kllogjeri, was found guilty following a jury trial in June 2023 and is scheduled to be sentenced on March 21, 2024.     

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

From Dec. 1, 2019 through Dec. 9, 2019, Garzon and Kllogjeri conspired and attempted to extort a resident of Monmouth County, New Jersey, and the resident’s son, who resided in Brooklyn, New York. The victim was allegedly threatened with physical harm if the victim did not recover a bag containing property allegedly valued at $100,000 from the victim’s son. Garzon and Kllogjeri further demanded an additional payment of $100,000 as “interest” for the son’s possession of the bag. Garzon admitted that he brandished a revolver at the victim in an effort to intimidate the victim. Over the ensuing week, Garzon and Kllogjeri communicated regularly with the victim’s telephone, continuing to threaten the victim and the victim’s family. Garzon and Kllogjeri were arrested together in a vehicle on Dec. 9, 2019 in Brooklyn. Moments before the arrest, Garzon had attempted to send the victim a text message confirming the victim’s plan to pay the demand.

In addition to the prison term, Judge Quraishi sentenced Garzon to three years of supervised release following Garzon’s release from prison. 

U.S. Attorney Sellinger credited special agents with the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to today’s sentencing. He also thanked the Marlboro Township Police Department, under the direction of Chief Peter Pezzullo; and the New York City Police Department for their assistance.

The government is represented by Assistant U.S. Attorney Eric A. Boden, Attorney-in-Charge of the Trenton Office, and Assistant U.S. Attorney Ian D. Brater of the U.S. Attorney’s Office’s Criminal Division in Trenton.

NEWARK, N.J. – A citizen of Egypt who was extradited to the United States on wire fraud and aggravated identity theft charges had his initial appearance in New Jersey federal court today, U.S. Attorney Philip R. Sellinger announced.

Hatem Ghouneim, 35, is charged by indictment with three counts of wire fraud and one count of aggravated identity theft. Ghouneim was arrested in Spain on July 16, 2023, and extradited on Jan. 25, 2024, at the request of the United States. He had his initial appearance today, before U.S. Magistrate Judge James B. Clark III in Newark federal court, pleaded not guilty, and was detained.

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

From January through December 2019, Ghouneim engaged in a scheme to defraud a technology company that operates a rideshare service. By creating fraudulent accounts and using stolen identities, Ghouneim induced the company to pay him referral fees for each new fraudulently created account. Ghouneim defrauded the company of hundreds of thousands of dollars in referral fees.

The wire fraud charges each carry a maximum potential penalty of 20 years in prison, and the aggravated identity theft charge carries a mandatory minimum penalty of two years in prison.  Any term of imprisonment on the aggravated identity theft charge must run consecutively to any other sentence imposed on the other counts. Each count also carries a maximum fine of $250,000.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the indictment.  He also thanked the U.S. Department of Justice’s Office of International Affairs and the FBI Attaché’s Office in Spain for their assistance, as well as the government of Spain for their substantial assistance arresting and extraditing Ghouneim to the United States.

The government is represented by Assistant U.S. Attorney Shontae D. Gray of the Economic Crimes Unit in Newark.

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

 

ghouneim.indictment.pdf

NEWARK, N.J. – Two Paterson, New Jersey, residents were charged separately for conspiring with a doctor to distribute opioids without a legitimate medical reason, U.S. Attorney Philip R. Sellinger announced.

Jasmine McGregor, 32, and Jhanelle Lewis, 35, both of Paterson, were each charged by separate complaint with one count of knowingly and intentionally conspiring and agreeing with others, including Dr. Lisa Ferraro, of Hillsdale, New Jersey, to distribute oxycodone, a Schedule II controlled substance, outside the usual course of professional practice and not for a legitimate medical purpose. McGregor and Lewis made their initial appearances today before U.S. Magistrate Judge James B. Clark, III in Newark federal court and were each released on $100,000 unsecured bond. Ferraro was charged with the same offense and arrested on Oct. 3, 2023.

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

From July 11, 2021, to Oct. 3, 2023, in the case of McGregor, and from May 11, 2021, to Oct. 3, 2023, in the case of Lewis, McGregor and Lewis each participated with Ferraro in a conspiracy to prescribe oxycodone, an opioid pain medication, to individuals who were not actually Ferraro’s patients and whom Ferraro never physically examined or questioned about symptoms to determine whether there was a legitimate medical need for oxycodone. Among the patients were social acquaintances of McGregor, whose personal information was shared with Ferraro without their knowledge. Lewis also provided personal identifier information to Ferraro, including the information of her romantic partner, who was incarcerated while Ferraro was prescribing oxycodone in their name.

Over the course of the conspiracy with McGregor, Ferraro wrote prescriptions for 630 20mg oxycodone pills and 12,040 30mg oxycodone pills. Over the course of the conspiracy with Lewis, Ferraro wrote prescriptions for 19,088 30mg oxycodone pills.

The charge of conspiracy to distribute controlled substances carries a maximum penalty of 20 years in prison and a $1 million fine.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorneys Ray A. Mateo and Aaron L. Webman of the Opioid Abuse Prevention and Enforcement Unit in Newark.

The charges and allegations against the defendants and Ferraro are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 

mcgregor.complaint.pdf

 

lewis.complaint.pdf

NEWARK, N.J. – A Brooklyn, New York, man was charged with child sex trafficking and related offenses, U.S. Attorney Philip R. Sellinger announced today.

Soauib Butcher, 30, of Brooklyn, is charged by indictment with conspiracy to commit sex trafficking of a minor, sex trafficking of a minor, and transporting a minor to engage in commercial sexual activity. He appeared today before U.S. Magistrate Judge James B. Clark III in Newark federal court and was detained.

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

In August 2019, Butcher induced a minor victim, whom he met on social media, to run away from a group home and meet him at a train station in Somerville, New Jersey. Butcher brought the victim by train to New York City, where he instructed the victim to perform oral sex for money on a rooftop in Brooklyn. Several days later, Butcher brought the victim to Elizabeth, New Jersey, where, from August 2019 to January 2020, the victim stayed with Butcher and a conspirator in a series of motel rooms. The conspirator posted advertisements depicting the victim on escort websites and, together with Butcher, arranged for customers to come to the motels to have sex with the victim in exchange for money. 

Each of the crimes charged in the indictment carries a mandatory minimum penalty of 10 years in prison, a maximum term of life imprisonment and a fine of up to $250,000.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of James E. Dennehy in Newark, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Aaron L. Webman of the Opioid Abuse Prevention and Enforcement Unit.

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

 

butcher.indictment.pdf

NEWARK, N.J. – A Concord, New Hampshire, man was sentenced today in federal court to 240 months in prison for the exploitation of a minor in New Jersey and possession of child sexual abuse material, U.S. Attorney Philip Sellinger and U.S. Attorney Jane E. Young announced.

Scott Wilkinson, 39, previously pleaded guilty to one count each of production of child pornography and one count of possession of child sexual abuse material before U.S. District Court Judge Joseph Laplante, who imposed the sentence today in federal court in New Hampshire.

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

Wilkinson traveled from New Hampshire to New Jersey in April 2022, where he engaged in sexual acts with a 12-year-old child. Wilkinson had been corresponding with the child online for approximately one year prior to traveling to New Jersey to meet the child. A video that Wilkinson created of himself engaged in sexual acts with the child was found on his cell phone, as were other images and videos of child sexual abuse material.

In addition to the prison term, Judge Laplante sentenced Wilkinson to 10 years of supervised release.

U.S. Attorney Sellinger and U.S. Attorney Young credited special agents of the FBI the Newark Child Exploitation and Human Trafficking Task force, under the direction of Special Agent in Charge James E. Dennehy; and the Egg Harbor Township Police Department with the investigation leading to today’s sentencing. Valuable assistance was provided by the Concord Police Department.

The government is represented by Assistant U.S. Attorney Lindsey Harteis of the District of New Jersey and Assistant U.S. Attorney Kasey Weiland of the District of New Hampshire.

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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

NEWARK, N.J. – Two Essex County, New Jersey, men are charged with seven gunpoint robberies of gas stations located in different parts of New Jersey in September 2023, U.S. Attorney Philip R. Sellinger announced today.

Ahmad Singletary, 24, and Joseph Young, 26, both of Newark, are charged by complaint with one count of conspiracy to commit Hobbs Act robbery; one count of conspiracy to use and carry a firearm during and in relation to a crime of violence; seven counts of Hobbs Act robbery, and two counts count of using, carrying, and brandishing a firearm during and in relation to a crime of violence. Singletary is also charged with one count of possession of a firearm and ammunition by a convicted felon. Singletary and Young each made their initial appearance on Jan. 16, 2024, before U.S. Magistrate Judge Michael A. Hammer in Newark federal court and were detained.

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

On three occasions on Sept. 5, 2023, and four occasions on Sept. 12, 2023, Singletary and Young robbed gas stations in Middlesex, Union, and Essex counties. The defendants targeted gas stations on or near highways, used a firearm, committed the robberies in the early morning, and performed the robberies in approximately four minutes or less. During the course of four of the robberies, Singletary threatened, assaulted, and struck victims in the head with a firearm, causing physical injuries.

The Hobbs Act robbery and conspiracy to commit Hobbs Act robbery counts each carry a maximum potential penalty of 20 years in prison. The conspiracy to use and carry a firearm during and in relation to a crime of violence count carries a maximum potential penalty of 10 years in prison. The using, carrying, and brandishing a firearm during and in relation to a crime of violence counts each carry a maximum potential penalty of life in prison and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other term of imprisonment imposed. Each count also carries a fine of up to $250,000 fine, or twice the gain or loss from the offenses, whichever is greatest. Singletary is subject to a maximum potential penalty of 15 years in prison for the charge of possession of a firearm and ammunition by a convicted felon.

U.S. Attorney Sellinger credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Bryan Miller; the New Jersey State Police, under the direction of Col. Patrick J. Callahan; the Union County Prosecutors Office, under the direction of Prosecutor William A. Daniel; the Newark Police Department, under the direction of Director Fritz G. Fragé; the Township of Union Police Department, under the direction of Director Chris Donnelly; the Woodbridge Police Department, under the direction of Director Robert Hubner; and the West Orange Police Department, under the direction of Chief James Abbott, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Ariel Douek of the General Crimes Unit in Newark.

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

 

singletaryyoung.complaint.pdf

NEWARK, N.J. – An Essex County, New Jersey, tax preparer admitted that he conspired to obtain over $4.4 million by defrauding the IRS, U.S. Attorney Philip R. Sellinger announced today.

Omar Khater, 33, of Fairfield, New Jersey, pleaded guilty before U.S. District Judge Brian R. Martinotti in Newark federal court on Jan. 23, 2024, to an information charging him with one count of conspiracy to commit wire fraud and one count of conspiracy to defraud the IRS. Khater’s conspirator, Walid Khater, 38, of Arizona, is charged by complaint and his case remains pending.

“This defendant has admitted his role in an elaborate scheme that used stolen personal identifying information and fabricated tax returns to bilk the IRS of millions of dollars. Working with our law enforcement partners, we will root out these illegal and dangerous schemes, and those who perpetrate them can expect the same result as Omar Khater.”

U.S. Attorney Philip R. Sellinger

“With this year’s filing just around the corner, today’s plea is a stark reminder as to how valuable your personally identifiable information is to criminals and how important it is to safeguard the information,” Tammy Tomlins, Special Agent in Charge, IRS Criminal Investigation, Newark Field Office, said. “Along with our law enforcement partners, we will vigorously pursue individuals who steal other people’s identities to enrich themselves through the filing of fraudulent tax returns.”

“Khater is now admitting he worked with others to falsely file returns based on stolen identities and pocketed the refunds,” FBI – Newark Special Agent in Charge James E. Dennehy said. “We trust tax preparers with a tremendous amount of vital information about our lives, and when they use it to break the law it's unsettling to say the least. Khater fleeced the IRS out of millions of dollars, but he's the one now paying for his fraud.”

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

Omar and Walid Khater were relatives who worked together and with others to steal victims’ identities, which they used to file false tax returns and fraudulently receive tax refunds from the IRS. They electronically submitted tax documents to the IRS falsely claiming that the individual taxpayers listed on those documents had earned certain income or won thousands – and in some cases millions – of dollars in gambling and lottery winnings. The false filings also claimed tax withholdings on the purported income or gambling winnings that entitled the tax filer to refund payments from the IRS. The Khaters and others typically submitted these fraudulent tax filings using the names and personal identifying information of victims without the victims’ knowledge or permission. The fraudulent filings caused the IRS to pay lucrative tax refunds, which the Khaters and others directed to various bank accounts that they controlled.  This scheme caused the U.S. Treasury to issue tax refunds $4.49 million, which the Khaters and others diverted to bank accounts they controlled in New Jersey and elsewhere.

The count of conspiracy to commit wire fraud is punishable by a maximum of 20 years in prison and the count of conspiracy to defraud the IRS is punishable by a maximum of  five years in prison is punishable by a maximum of five years in prison. Both counts are also punishable by a fine of $250,000, or twice the gross loss or gain caused by the offense, whichever is greatest. Sentencing is scheduled for June 12, 2024.

U.S. Attorney Sellinger credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins in Newark; and special agents of FBI-Newark, under the direction of Special Agent in Charge James E. Dennehy, with the investigation leading to today’s plea.

The government is represented by Assistant U.S. Attorneys Fatime Meka Cano of the Economic Crimes Unit and Katherine M. Romano of the Health Care Fraud Unit in Newark. 

The charges and allegations against Walid Khater are merely accusations, and he is presumed innocent unless and until proven guilty.

 

khater.information.pdf

TRENTON, N.J. – A Burlington County, New Jersey, man was charged with possessing four destructive devices, U.S. Attorney Philip R. Sellinger announced today.

Jeremy Giliberti, 52, of Mount Laurel, New Jersey, is charged by complaint with one count of possessing destructive devices. He is scheduled to appear this afternoon before U.S. Magistrate Judge Douglas E. Arpert in Trenton federal court.

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

On July 26, 2023, Hamilton Township Police Division officers conducted a motor vehicle stop of Giliberti. During a subsequent search of Giliberti’s vehicle, one of the officers found a duffle bag on the front passenger-side floorboard which contained four pipe bombs. Two of the devices were encased in 5-inch steel pipes and two of the devices were encased in cardboard tubing wrapped in duct tape. All four of the devices contained numerous metal pellets, an explosive mixture, and a pyrotechnic fuse.

The possession of a destructive device charge carries a maximum penalty of 10 years in prison and a fine of up to $250,000.

U.S. Attorney Sellinger credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Bryan Miller; members of the Hamilton Township Police Division, under the direction of Chief Kenneth R. DeBoskey; members of the New Jersey State Police Bomb Unit, under the direction of Col. Patrick J. Callahan; and members of the Mercer County Prosecutor’s Office, under the direction of Prosecutor Angelo J. Onofri, with the investigation leading to this arrest.

The government is represented by Assistant U.S. Attorney Tracey Agnew of the U.S. Attorney’s Office in Trenton.

The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

giliberti.complaint.pdf

NEWARK, N.J. – A Bergen County, New Jersey, man today admitted possession of heroin with intent to distribute, U.S. Attorney Philip R. Sellinger announced.

Dawan A. Brown, aka “DB,” 37, of Cliffside Park, New Jersey, pleaded guilty before Judge Brian R. Martinotti in Newark federal court to an information charging him with one count of possession with intent to distribute 100 grams or more of a mixture and substance containing a detectable amount of heroin. 

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

Brown admitted that on June 14, 2021, he possessed with intent to distribute a controlled substance containing heroin in Harrison, New Jersey. At the time of his arrest, law enforcement officers seized suspected drug proceeds and pieces of jewelry from Brown’s residence. As part of the plea agreement, Brown agreed to forfeit $436,616 – the proceeds from the narcotics trafficking.

The narcotics offense carries a minimum penalty of five years in prison, a maximum potential penalty of 40 years in prison, and a fine of $5 million. Sentencing is scheduled for June 12, 2024.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II; Harrison Police Department, under the direction of Chief Ronald Cuney; and Cliffside Park Police Department, under the direction of Chief Marc Marano, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Robert L. Frazer of the Organized Crime/Gangs Unit and Assistant U.S. Attorney Dong Joo Lee of the Narcotics/Organized Crime and Drug Enforcement Task Force Unit, in Newark.

brown.information.pdf

NEWARK, N.J. – A Newark man admitted his role in a conspiracy to distribute and possess with intent to distribute narcotics, including fentanyl, heroin, and cocaine; and possessing with intent to distribute various narcotics, U.S. Attorney Philip R. Sellinger announced today.

Ali Carney, 45, of Newark, pleaded guilty on Jan. 17, 2024, before U.S. District Judge Susan D. Wigenton in Newark federal court to a superseding information charging him with conspiracy to distribute and possess with intent to distribute heroin, fentanyl, and cocaine; and possession with intent to distribute fentanyl.

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

From April 2021 through October 2022, Carney and others – members and associates of the Grape Street Crips gang – participated in a drug trafficking organization that controlled the drug trade in and around the Oscar Miles Village housing complex in Newark. Carney admitted his role in the conspiracy and that he sold controlled substances on a near daily basis during the conspiracy.

The narcotics conspiracy and distribution counts to which Carney pleaded guilty each carry a maximum potential penalty of 20 years in prison and a $1 million fine. Sentencing for Carney is scheduled for May 22, 2024.

All 11 of Carney’s co-defendants – Thomas Barney, Najuwan Blake-Williams, Altray Brown, Najee Carney, Tyrone Cradle, Jaquan McAllister, Ikaim McSwain, Latif Terry, Shaquan Ward, Taji Williams, and Zaid Williams – previously pleaded guilty in connection with their respective roles in the conspiracy.

A year-long investigation revealed that the drug trafficking organization distributed over a kilogram of fentanyl-laced heroin and over 280 grams of crack cocaine. Law enforcement also seized multiple firearms, which were used in furtherance of the narcotics trade, from the members of the conspiracy.

U.S. Attorney Sellinger credited special agents of the U.S. Drug Enforcement Administration (DEA), under the direction of Special Agent in Charge Cheryl Ortiz; investigators of the New Jersey State Police, under the direction of Col. Patrick J. Callahan; investigators from the U.S. Marshal Service, under the direction of Marshal Juan Mattos Jr.; investigators of the Essex County Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura; and the Newark Police Department, under the direction of Director of Public Safety Fritz G. Fragé, with the investigation leading to the guilty pleas.

The investigation was conducted as part of the Newark Violent Crime Initiative (“VCI”). The Newark VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the purpose of combatting violent crime in and around Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA New Jersey Division, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, New Jersey State Parole, Union County Jail, New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center, New Jersey Department of Corrections, the East Orange Police Department, and the Irvington Police Department.

The government is represented by Assistant U.S. Attorneys Samantha C. Fasanello and Olta Bejleri of the Criminal Division in Newark.

 

carney.sinformation.pdf

NEWARK, N.J. – An Iowa man was sentenced today to 94 months in prison for robbing a bank in Secaucus, New Jersey, in January 2017, U.S. Attorney Philip R. Sellinger announced.

Jose Luis Martinez, 33, previously pleaded guilty before U.S. District Judge John M. Vazquez to a two-count indictment charging him with armed bank robbery and brandishing a firearm during a bank robbery. U.S. District Judge William J. Martini imposed the sentence today in Newark federal court.

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

On Jan. 5, 2017, Martinez walked into a bank in Secaucus and pointed a handgun at a bank employee while demanding cash. Martinez told the bank employee that he would shoot her and other customers if the employee did not comply. Martinez took cash from the bank and fled. 

In addition to the prison term, Judge Martini sentenced Martinez to three years of supervised release and ordered restitution of $31,000.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy, Newark, with the investigation leading to the sentencing. He also thanked the FBI’s White Plains, New York Office; the New York City Police Department; the Greenwich, Connecticut, Police Department; and the Port Chester, New York, Police Department for their assistance.

The government is represented by Assistant U.S. Attorney Garrett Schuman of the Criminal Division in Newark.

NEWARK, N.J. – A former president of a pharmacy business was sentenced today to 36 months in prison for his role in a health care kickback conspiracy involving prescriptions for Medicare and TRICARE beneficiaries, Attorney for the United States Vikas Khanna announced today.

Elan Yaish, 54, of Israel, previously pleaded guilty on Aug. 16, 2023, before U.S. District Judge Esther Salas to an information charging him with conspiracy to violate the Federal Anti-Kickback statute. Judge Salas imposed the sentence today in Newark federal court.

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

From September 2017 to around December 2020, Yaish participated in operating pharmacies, including Apogee Bio-Pharm LLC, in Edison, New Jersey. Yaish and others agreed to engage in a scheme to pay marketing companies to direct prescriptions for expensive medications to the pharmacies. 

The marketing companies identified Medicare and TRICARE beneficiaries to target for expensive drugs and contacted the beneficiaries by telephone to pressure them to agree to try expensive medications, such as pain creams, scar creams, eczema creams, and migraine medication. The marketing companies then transmitted recordings of telephone calls with the beneficiaries, together with pre-marked prescription pads for particular drugs that would yield exorbitant reimbursements, to telemedicine companies. The marketers paid the telemedicine companies kickbacks for every beneficiary referred for a prescription, and the telemedicine companies paid doctors to approve the prescriptions. The marketing companies then directed the prescriptions to pharmacies, including Apogee, with which they had kickback arrangements. The pharmacies filled the prescriptions and sought reimbursement from federal health care benefit programs, including Medicare and TRICARE. The pharmacies, including Apogee, then paid a portion of each reimbursement to the marketing companies as a kickback. As a result of the scheme, Yaish and his conspirators caused a loss to Medicare and other federal health care benefit programs of over $32 million.

In addition to the prison term, Judge Salas sentenced Yaish to three years of supervised release and ordered restitution of $32 million.

Attorney for the United States Khanna credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; the U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz; and U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Acting Special Agent in Charge Brian J. Solecki, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Katherine M. Romano of the Health Care Fraud Unit and Barbara Ward, Senior Trial Counsel of the Asset Recovery and Money Laundering Unit, in Newark.

TRENTON, N.J. – The deputy mayor of Willingboro Township, New Jersey, and one of his business associates were charged with conducting a scheme to discharge the deputy mayor’s mortgage obligation on his property through a fraudulent short sale, U.S. Attorney Philip R. Sellinger announced.

Nathaniel Anderson, 56, a town councilman and the deputy mayor of Willingboro in Burlington County, New Jersey, and his business associate Chrisone D. Anderson, 56, of Sicklerville, New Jersey, are charged by complaint with one count of conspiracy to commit wire fraud affecting a financial institution, one count of bank fraud, and two counts of making false statements on a loan application. Additionally, Chrisone D. Anderson is charged with two counts of making false statements to a federal agent. Nathaniel Anderson and Chrisone D. Anderson made their initial appearances today before U.S. Magistrate Judge Tonianne J. Bongiovanni in Trenton federal court and were released on $50,000 each unsecured bond.

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

From March 2015 through June 2017, Nathaniel Anderson and Chrisone D. Anderson conspired and agreed with one another to orchestrate a fraudulent short sale of a property in Willingboro from Nathaniel Anderson to Chrisone D. Anderson.

As part of the conspiracy to defraud a government sponsored enterprise to discharge a mortgage obligation on Nathaniel Anderson’s property in Willingboro and to induce a mortgage lending business to issue a new mortgage on the property, Chrisone D. Anderson executed – and Nathaniel D. Anderson aided and abetted the execution of – mortgage documents containing materially false representations. These included that the short sale was an arm’s length transaction, that Chrisone D. Anderson did not have a prior business relationship with Nathaniel Anderson, that Nathaniel Anderson would not continue to occupy the property as his residence following the short sale, and that Chrisone D. Anderson would occupy the property as her primary residence.

As a result of the fraudulent short sale, the government sponsored enterprise discharged Nathaniel Anderson’s mortgage obligation and suffered a loss of over $120,000, and the victim lender issued a new mortgage on the property. During a May 2022 interview, Chrisone D. Anderson made false statements to an agent of the FBI concerning the short sale.

The charges of conspiracy to commit wire fraud affecting a financial institution, bank fraud, and making false statements on a loan application are each punishable by a maximum potential penalty of 30 years in prison and a maximum fine of up to $1 million. The charges of making false statements to a federal agent are each punishable by a maximum potential penalty of five years in prison and a maximum fine of up to $250,000.

U.S. Attorney Sellinger credited special agents of the FBI, Newark Division, Trenton Resident Agency, under the direction of Special Agent in Charge James E. Dennehy in Newark; and special agents of the Northeast Region of the Federal Housing Finance Agency, Office of the Inspector General, under the direction of Special Agent in Charge Robert Manchak, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Alexander E. Ramey of the U.S. Attorney’s Office Criminal Division in Trenton, working in conjunction with the Special Prosecutions Division in Newark.

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

 

anderson.complaint.pdf

NEWARK, N.J. – Two indictments were unsealed in the District of New Jersey today charging two Russian nationals – Aleksey Timofeyevich Stroganov and Tim Stigal – with fraud and related offenses in connection with a series of computer intrusions, U.S. Attorney Philip R. Sellinger announced.

According to the indictments:

Stroganov

From at least May 2007 through July 2017, Stroganov – aka “Aleksei Stroganov,” “flint,” “flint24,” “Gursky Oleg,” “Oleg Gurskiy,” and “Строганов Алексей Тимофеевич” – was part of a criminal conspiracy to hack into the computer networks of individuals and companies and steal, among other things, debit and credit card numbers and personal identifying information associated with the cardholders.

Stroganov and his conspirators harvested data associated with hundreds of millions credit card and banking accounts. To profit from the scheme, Stroganov oversaw a network of resellers and vendors, who Stroganov provided with access to databases containing personal identifying information and payment card data for hundreds of thousands of accounts. The vendors then sold that data over the dark net through cybercrime forums and dark net websites. The scheme resulted in losses to financial institutions exceeding $35 million.

Stroganov is charged with one count of conspiracy to commit wire fraud affecting a financial institution, three counts of wire fraud, three counts of bank fraud, and three counts of aggravated identity theft. The substantive and conspiracy charges of wire fraud are punishable by a maximum sentence of 20 years in prison and a maximum fine of $250,000, or twice the gross amount of gain or loss from the offense, whichever is greatest. The charges of bank fraud are punishable by a maximum sentence of 30 years in prison and a maximum fine of $1 million. The aggravated identity theft charges carry a mandatory sentence of two years in prison, which must run consecutively to any other term of imprisonment imposed by the court.

Stigal

From April 2014 to March 2016, Stigal, aka “Key” and “Тим Стигал,” was part of four separate conspiracies to traffic in stolen payment card information belonging to the customers of at least three different corporate victims located throughout the United States. In relation to one of the conspiracies, and in an attempt to extort one of the corporate victims, Stigal additionally transmitted a threat to impair the confidentiality of stolen personal data belonging to customers of the corporate victim if a ransom was not paid to Stigal.

Stigal is charged with four counts of wire fraud conspiracy, 12 counts of wire fraud, one count of computer fraud extortion, three counts of access device fraud, and three counts of aggravated identity theft. The substantive and conspiracy charges of wire fraud are punishable by a maximum sentence of 20 years in prison and a maximum fine of $250,000, or twice the gross amount of gain or loss from the offense, whichever is greatest. The charge of computer fraud (extortion) is punishable by a maximum of 5 years in prison and a maximum fine of $250,000. The access device fraud charges are punishable by a maximum sentence of 10 years in prison and a maximum fine of $250,000. The aggravated identity theft charges carry a mandatory sentence of two years in prison, which must run consecutively to any other term of imprisonment imposed by the court.

***

U.S. Attorney Sellinger credited special agents of the U.S. Secret Service, under the direction of Special Agent in Charge Aaron Hatley, with the investigation leading to the charges against Stroganov and Stigal. He also thanked special agents of IRS - Criminal Investigation,  under the direction of Special Agent in Charge Tammy Tomlins, with the investigation leading to the charges against Stigal.

The government is represented by Assistant U.S. Attorney Anthony P. Torntore, Chief of the U.S. Attorney’s Cybercrime Unit in Newark, and Assistant Deputy Chiefs William A. Hall Jr. and Adrienne Rose of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS).

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

stroganov.indictment.pdf stigal.indictment.pdf

NEWARK, N.J. – A Hudson County, New Jersey, man today admitted possessing images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.

Christopher Carvajal, 30, of North Bergen, New Jersey, pleaded guilty before U.S. District Judge Claire C. Cecchi in Newark federal court to an information charging him with one count of possession of child pornography.

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

In April 2023, Carvajal’s iPhone was seized at Newark International Airport. A search revealed that Carvajal’s iPhone contained more than 900 video files and more than 400 image files depicting sexual abuse of minors, including infants or toddlers. Carvajal’s iPhone also contained communications in which Carvajal discussed his desire for sexual encounters with young children. Carvajal was previously convicted in the Superior Court of New Jersey, Bergen County, of a child pornography offense.

Possession of child pornography carries a mandatory minimum penalty of 10 years in prison for a defendant with a prior conviction of a child pornography offense, a maximum penalty of 20 years in prison, and a fine of $250,000. Sentencing is scheduled for XX.

U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Matthew Specht of the Opioid Abuse Prevention and Enforcement Unit in Newark.

 

carvajal_information.pdf

NEWARK, N.J. – A Passaic County correctional officer and two sergeants were arrested today for allegedly violating a pretrial detainee’s civil rights and conspiracy to obstruct justice, U.S. Attorney Philip R. Sellinger announced.

Sergeants Jose Gonzalez, 45, and Donald Vinales, 38, and Officer Lorenzo Bowden, 39, are charged by complaint with one count of deprivation of rights under color of law and one count of conspiracy to obstruct justice. Bowden is also charged with one count of making false statements. Gonzalez, Vinales and Bowden are scheduled to have their initial appearances this afternoon before U.S. Magistrate Judge Michael A. Hammer in Newark federal court. 

According to the criminal complaint:

On Jan. 22, 2021, a pretrial detainee at the Passaic County Jail splashed a mixture containing urine onto a correctional officer. The following day Gonzalez, Vinales and Bowden transported the detainee through an area of the jail that does not have a video surveillance camera, which correctional officers and inmates at the jail have referred to as a “blind spot.” While in that “blind spot,” Gonzalez and Vinales assaulted the detainee, while he was handcuffed. They knocked him to the ground and struck him multiple times. Bowden did not intervene to stop the assault. One day after the assault, the detainee was taken to a local hospital, which documented injuries from the assault.

The defendants all were required to submit documentation regarding their use of force.  None of them submitted any such reports. 

In April 2022, after receiving federal grand jury subpoenas in connection with this investigation, Gonzalez, Vinales and Bowden, among others, met to discuss the federal investigation. During that meeting, the group agreed not to cooperate with the federal investigation and also agreed to say that nothing had happened to the detainee (referring to the assault). During an interview with federal investigators in October 2022, Bowden falsely stated that the detainee had not been assaulted and that there had not been any meeting or communication among those who participated in or witnessed the assault.

The count of deprivation of rights under color of law is punishable by a maximum of 10 years in prison. The count of count of conspiracy to obstruct justice is punishable by a maximum of 20 years in prison. The count of making false statements is punishable by a maximum of five years in prison.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; and the Passaic County Sheriff’s Office Division of Internal Affairs, under the direction of Sheriff Richard H. Berdnik, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Benjamin Levin of the Criminal Division and the Civil Rights Division’s Criminal Civil Rights Task Force in Newark.

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

 

gonzalezetal.complaint.pdf

NEWARK, N.J. –  An Essex County, New Jersey, man today admitted carjacking in Montclair, New Jersey, U.S. Attorney Philip R. Sellinger announced.

Andy Cook, 24, of Newark, pleaded guilty before Judge Julien X. Neals to an indictment charging him with one count of carjacking and one count of conspiracy to use a firearm during a crime of violence.

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

On Dec. 6, 2021, Cook’s accomplice approached the victim, who was inside her car that was parked on her driveway. The accomplice pointed a firearm at the victim and ordered the victim to leave her belongings and exit the car. Cook then entered the car and drove it away.  After the victim called the police, law enforcement officers spotted the vehicle. Cook abandoned the vehicle in Newark and fled on foot before being apprehended.

The count of carjacking carries a maximum potential penalty of 15 years in prison and a $250,000 fine. The count of conspiracy to use a firearm during a crime of violence carries a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for May 30, 2024.

U.S. Attorney Sellinger credited special agents of the FBI Newark Violent Crimes Task Force, under the direction of Special Agent in Charge James E. Dennehy, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Dong Joo Lee of the Narcotics/Organized Crime and Drug Enforcement Task Force Unit.

 

cook.indictment.pdf