FEDERAL DISTRICT ARCHIVE
District of New Jersey
Press releases recorded for this federal judicial district.
Essex County Man Charged with Sex TraffickingRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man made his initial appearance today on charges of sex trafficking, U.S. Attorney Philip R. Sellinger announced today.
Amin Sharif, 47, of Newark, is charged by criminal complaint with one count of attempted sex trafficking an adult woman and one count of sex trafficking a minor. Sharif appeared by videoconference before U.S. Magistrate Judge Cathy L. Waldor and was detained.
According to documents filed in this case and statements made in court:
Since January 2021, law enforcement officials have been investigating Sharif for transporting and attempting to transport women and minors from various states to New Jersey and elsewhere for the purpose of engaging in commercial sex acts and other illicit conduct. Sharif used several social media platforms and profiles to recruit women and minors to engage in sex acts for money. Once in contact with his victims, Sharif used threats to coerce the victims into engaging in commercial sex acts. He advertised women and at least one underage girl online for commercial sex acts. Sharif also transported at least one underage girl located in another state into New Jersey and attempted to transport a woman located in another state into New Jersey via a commercial airline, in furtherance of his sex trafficking conduct.
The counts with which Sharif is charged are each punishable by a mandatory minimum of 15 years in prison and a maximum penalty of life in prison.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark and Special Agent in Charge Jacqueline Maguire in Philadelphia, and officers of the Allentown, Pennsylvania, Police Department, under the direction of Chief Charles Roca, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Kimberly Mitchell of the U.S. Attorney’s Office OCDETF and Narcotics 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.
California Man Admits Role in $50 Million Wire and Securities Fraud SchemeRead the Press Release
NEWARK, N.J. – A California man today admitted conspiring to commit wire and securities fraud in connection with his role in a $50 million internet-enabled fraud scheme, U.S. Attorney Philip R. Sellinger announced.
Allen Giltman, 56, of Irvine, California, pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to an information charging him with one count of conspiracy to commit wire fraud and one count of conspiracy to commit securities fraud.
According to documents filed in this case and statements made in court:
From 2012 to October 2020, Giltman and others engaged in an internet-based financial fraud scheme, which generally involved the creation of fraudulent websites to solicit funds from investors. At times, the fraudulent websites were designed to closely resemble websites being operated by actual, well-known, and publicly reputable financial institutions; at other times, the fraudulent websites were designed to resemble legitimate-seeming financial institutions that did not exist.
Victims of the fraud scheme typically discovered the fraudulent websites via internet searches. The fraudulent websites advertised various types of investment opportunities, most prominently the purchase of certificates of deposit, or CDs. The fraudulent websites advertised higher than average rates of return on the CDs to lure potential victims.
The fraudulent websites used a variety of means to appear legitimate and to gain and maintain the trust of prospective investors, including: (a) displaying the actual names and logos of real financial institutions; (b) purporting that the institutions were members of or regulated by the Federal Deposit Insurance Corporation (FDIC), Financial Industry Regulatory Authority (FINRA), the Securities Investor Protection Corporation, or New York Stock Exchange; (c) claiming that deposits made to the institutions associated with the fraudulent websites were FDIC-insured; and (d) using FINRA or FDIC member identification numbers issued to real financial institutions and real FINRA broker-dealers.
After discovering one of the fraudulent websites, victims would contact an individual – identified in the information as Giltman – by telephone or email as directed on the sites. During his communications with victims, Giltman impersonated real FINRA broker-dealers by using their names and FINRA Central Registration Depository numbers. He would then provide the victims with applications and wiring instructions for the purchase of a CD. The funds wired by the victims would then be moved to various domestic and international bank accounts, including accounts in Russia, the Republic of Georgia, Hong Kong, and Turkey. None of the victims received a CD after wiring the funds.
To date, law enforcement has identified at least 150 fraudulent websites created as part of the scheme. At least 70 victims of the fraud scheme nationwide, including in New Jersey, collectively transmitted approximately $50 million that they believed to be investments.
The wire fraud conspiracy charge carries a maximum penalty of 20 years and a $250,000 fine, or twice the gross amount of gain or loss from the offense, whichever is greatest. The securities fraud charge carries a maximum penalty of five years in prison and a $250,000 fine, or twice the gross amount of gain or loss from the offense, whichever is greatest. Sentencing is scheduled for May 10, 2022.
The U.S. Securities and Exchange Commission (SEC) also filed a civil complaint against Giltman today based on the same conduct.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch in Newark, with the investigation leading to today’s guilty plea. He also thanked the SEC for the assistance provided by its Enforcement Division.
The government is represented by Assistant U.S. Attorney Anthony P. Torntore of the U.S. Attorney’s Cybercrime Unit in Newark.
Essex County Man Admits Illegal Possession of a FirearmRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man today admitted illegally possessing a firearm, U.S. Attorney Philip R. Sellinger announced.
Tyson Fletcher, aka “Tyjon Fletcher” and “Rahjohn McCoy,” 41, of Newark, pleaded guilty by videoconference before U.S. District Judge Claire C. Cecchi to an indictment charging him with possession of a firearm by a convicted felon.
According to documents filed in this case and statements made in court:
On April 17, 2019, Fletcher illegally possessed a firearm loaded with five hollow-point bullets. Fletcher had previously been convicted of multiple felony offenses, including robbery and unlawful possession of a weapon.
The firearms offense to which Fletcher pleaded guilty carries a maximum sentence of 10 years in prison and a fine of up to $250,000. Sentencing is scheduled for May 17, 2022.
U.S. Attorney Sellinger credited members of the Newark Police Department, under the direction of Public Safety Director Brian O’Hara, and the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Andrew M. Trombly of the Cybercrime Unit in Newark.
Hudson County Man and Essex County Woman Charged with Four Robberies and Two Shootings in Jersey CityRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, man and an Essex County, New Jersey, woman are charged with committing four robberies and two shootings on a single night in Jersey City, New Jersey, U.S. Attorney Philip R. Sellinger announced today.
Rodney Williams, 29, of Jersey City, New Jersey, and Siobhan Chandler, 19, of Newark, are scheduled to appear by videoconference today before U.S. Magistrate Judge James B. Clark III. They are each charged by complaint with conspiring to rob, and robbing, four businesses and shooting two individuals in Jersey City. Williams is additionally charged with possession of a firearm and ammunition as a convicted felon.
According to documents filed in this case and statements made in court:
On the evening of Nov. 14, 2021, Williams and Chandler committed four commercial robberies and two shootings within approximately 70 minutes. At approximately 8:10 p.m., Williams entered Store-1, placed a firearm on the clerk’s chest and threatened to kill the clerk. Williams continued pointing the firearm at the clerk, while directing the clerk to give him all of Store-1’s money. Williams fled on foot after the clerk complied.
Approximately 35 minutes later, Williams and Chandler approached Gas Station-1 together. Chandler attempted to enter Gas Station-1’s attendant booth. After noticing that Chandler was not successful, Williams pointed the firearm at an attendant and demanded money. The attendant did not comply. Williams shot the attendant in the chest and stated, “do you think I am f—king playing with you? Give me the money!” Williams then pointed the firearm at the other attendant and threatened to shoot, as the attendant escaped to the attendant booth and locked the door. Williams followed the attendant and tried to force his way inside the booth, as Chandler waited for Williams near the entrance of Gas Station-1. After he could not enter the booth, Williams ran toward Chandler and they fled the scene.
Approximately 15 minutes later, Williams and Chandler entered Store-2. Williams pointed the firearm at the clerk and demanded Store-2’s money. As Williams held the clerk at gunpoint, Chandler emerged from the aisle and stood near Williams and Store-2’s clerk gave Williams money from the cash register. Williams and Chandler exited Store-2 on foot.
Approximately 10 minutes later, Williams and Chandler entered Restaurant-1. Williams immediately approached the clerk at the register, pointed the firearm at the clerk’s chest and demanded money. The clerk, believing Williams’ demand was not serious, failed to immediately respond to Williams’ demand. Williams attempted to shoot the clerk, but the firearm misfired. Williams then re-cocked the firearm and shot the clerk in the chest. Williams then forcibly entered the restaurant’s kitchen and demanded money from the employees. Chandler remained at the doorway and ordered one employee out of the restaurant and barred a patron from entering the restaurant. As Williams forced the wounded clerk to empty cash from the register, Chandler yelled, “Let’s go! Let’s go!”
At approximately 9:20 PM, Jersey City Police Department officers observed the defendants in a motor vehicle near Restaurant-1. Upon observing law enforcement, Williams drove the vehicle into oncoming traffic, striking a police vehicle and rendering his vehicle inoperable. The officers immediately apprehended the defendants.
Williams and Chandler are subject to a maximum potential penalty of 20 years in prison and a fine of $250,000 for each charge of robbery; a maximum penalty for 20 years in prison and a fine of $250,000 for conspiring to use and carry a firearm during and in relation to a crime of violence; and a maximum potential penalty of life in prison and a fine of $250,000 for each charge of possessing, carrying or using a firearm during a crime of violence. Williams is subject to a maximum potential penalty of 10 years in prison and a fine of $250,000 for the charge of possession of a firearm and ammunition by a convicted felon.
U.S. Attorney Sellinger credited officers of the Jersey City Police Department, under the direction of Public Safety Director James Shea, the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, and special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Jeffrey L. Matthews, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys Jamel Semper of the Organized Crime and Gangs Unit and Kimberly Mitchell of the OCDETF and Narcotics Unit in Newark.
The charges and allegations contained in the criminal complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Hudson County Man Admits Firearms OffenseRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, man today admitted possessing a firearm and ammunition after having previously been convicted of a felony, U.S. Attorney Philip R. Sellinger announced.
Andre Cannon, 29, of Jersey City, New Jersey, pleaded guilty by videoconference before U.S. District Judge Katharine S. Hayden to an indictment charging him with illegal possession of a handgun and ammunition by a previously convicted felon.
According to documents filed in this case and statements made in court:
On July 11, 2020, a victim was shot in the leg near Martin Luther King Drive and Oak Street in Jersey City. Police discovered a .40-caliber S&W shell casing in a nearby courtyard. Surveillance video showed that Cannon had committed the shooting. The following day, law enforcement officers executed a search warrant at Cannon’s house. As police announced their presence and entered the front of the house, officers stationed at the back of the house saw Cannon throw a black Beretta Gardone .40-caliber handgun loaded with 10 .40-caliber rounds of ammunition out of a first-floor window.
Cannon had previously been convicted in the Superior Court of Hudson County of unlawful possession of a handgun, a felony punishable by more than one year in prison.
The charges of possession of a firearm and ammunition by a convicted felon carry a maximum penalty of 10 years in prison and a maximum fine of $250,000.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s guilty plea. He also thanked members of the Jersey City Police Department, under the leadership of Public Safety Director James Shea, for their assistance.
The government is represented by Assistant U.S. Attorney Sarah A. Sulkowski of the Violent Crimes Unit in Newark.
Essex County Man Sentenced to 28 Months in Prison for Conspiring to Steal Mail and Commit Bank FraudRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man was sentenced today to 28 months in prison for his role in a conspiracy to commit bank fraud, including by soliciting U.S. Postal Service (USPS) employees to steal check books and credit cards from the mail, depositing fraudulent checks, including pandemic relief checks, and using stolen credit cards without authorization, U.S. Attorney Philip R. Sellinger announced.
Jahaad Flip, 21, of Newark, previously pleaded guilty before U.S. District Judge Susan D. Wigenton to an information charging him with one count of conspiracy to commit bank fraud. Judge Wigenton imposed the sentence by videoconference.
Three of Flip’s conspirators, Jeffrey Bennett, 27, of Irvington, New Jersey, Tashon Ragan, 21, of Newark, New Jersey, and Janel Blackman, 42, of Newark, pleaded guilty before Judge Wigenton earlier this year to conspiracy to commit bank fraud. Blackman also pleaded guilty to filing fraudulent applications with the U.S. Small Business Administration (SBA) for Economic Injury Disaster Loans. Ragan was sentenced in October 2021. Bennett and Blackman are awaiting sentencing.
According to documents filed in this case and statements made in court:
From February 2019 to May 2020, Flip conspired to fraudulently obtain money from victim financial institutions by, among other things, depositing counterfeit checks and checks stolen from the mail into accounts at these financial institutions and withdrawing funds from those accounts before the financial institutions identified the fraudulent checks and blocked further withdrawals. Flip and his conspirators arranged for USPS employees to steal credit cards and blank check books from the mail in exchange for cash payments. USPS employees provided the checks to Flip and his conspirators. Flip and his conspirators fraudulently forged the signatures of the accountholders and negotiated the checks by making them payable to individuals, some of whom were New Jersey high school students, and who had given Flip and his conspirators access to their accounts, also in exchange for cash. Flip and his conspirators created counterfeit checks, including counterfeit pandemic relief checks. Flip and his conspirators deposited the fraudulent checks online and at various bank ATMs throughout New Jersey and later withdrew funds from the bank accounts before the victim financial institutions identified the checks as fraudulent and could block further withdrawals. Through the conspiracy, Flip and his conspirators obtained and attempted to obtain approximately $366,000 from victim financial institutions.
In addition to the prison term, Judge Wigenton also sentenced Flip to five years of supervised release and ordered him to pay restitution of $61,438.
U.S. Attorney Sellinger credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Raimundo Marrero; special agents with the U.S. Postal Service – Office of Inspector General, Northeast Area Field Office, under the direction of Special Agent in Charge Matthew Modafferi; special agents with IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez; and special agents with the Office of the Treasury Inspector General for Tax Administration (TIGTA), under the direction of Special Agent in Charge Andrew McKay, with the investigation leading to today’s sentencing. He also thanked the Summit Police Department, the New Providence Police Department, the Piscataway Police Department, the Newark Police Department, the South Orange Police Department, and the Little Falls Police Department for their assistance.
The government is represented by Assistant U.S. Attorneys Jonathan Fayer and Elaine K. Lou in Newark.
Essex County Man Admits Conspiring with His Brother - a Federal Safety and Health Officer - to Extort ContractorsRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man today admitted to conspiring to extort multiple general contractors of approximately $14,000 by using his brother’s position as a compliance safety and health officer (CSHO) with the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), U.S. Attorney Philip R. Sellinger announced.
Paul Idrovo, aka “Jose Diaz” and “Paul Mejia,” 48, of Nutley, New Jersey, pleaded guilty by videoconference before U.S. District Judge Katharine S. Hayden to an information charging him with one count of conspiring to defraud the United States and to commit an offense against the United States, specifically to commit an act of extortion under color of his brother’s office or employment with OSHA. Paul Idrovo was previously charged by complaint in September 2020, together with his brother, Alvaro Idrovo, with one count of conspiring to commit an offense against the United States based on the extortion of a single contractor.
According to documents filed in this case and statements made in court:
Alvaro Idrovo misrepresented to contractors engaged in construction sites in New Jersey that they were facing significant OSHA fines, penalties and possibly jail, if they did not get OSHA safety training from a specific individual. He would provide the contractors with the phone number for the required trainer, allegedly named “Jose Diaz” or “Paul Mejia.” The phone number actually belonged to Paul Idrovo, posing under these names to conceal their relationship. Paul Idrovo was an authorized trainer for certain OSHA Outreach Training Programs, but was not an employee of OSHA.
Although initially demanding higher sums, the two men eventually charged the contractors $4,000 to $6,000 each for the alleged safety training, which was required to be paid in cash. Paul Idrovo collected the cash and provided the contractors with fraudulent computer-generated safety and health certificates for their individual employees, which falsely stated that the employees had received various type of OSHA certified safety training from “Jose Diaz” and “Paul Mejia,” when no training had been provided. As part of the charged fee, Paul ldrovo and Alvaro Idrovo also furnished the contractors with alleged necessary safety and health plans, which were prepared from a template rather than created or modified in any substantial way for the contractor. Paul Idrovo shared with Alvaro Idrovo approximately $5,000 of the cash collected as part of the extortion conspiracy.
When OSHA officials learned of the attempt to extort one of the contractors, the OSHA officials referred the matter to federal law enforcement, who arranged for that contractor to make consensual recordings with both Alvaro Idrovo and Paul Idrovo. During an April 2020 meeting surveilled by law enforcement, the contractor paid Paul Idrovo $6,000 in cash in exchange for ladder and safety awareness training certificates and a safety and health plan. Alvaro Idrovo thereafter attached copies of the training certificates and the plan to his OSHA reports regarding the contractor’s violation despite knowing that the training certificates falsely claimed that training had been provided to the noted individuals in March 2020, “Jose Diaz” had provided training, and the alleged training was OSHA certified.
The conspiracy charge against Paul Idrovo carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for May 22, 2022.
The complaint against Alvaro Idrovo remains pending and he is presumed innocent unless and until proven guilty.
U.S. Attorney Sellinger credited special agents of the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Jonathan Mellone in New York, and special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Senior Trial Counsel Leslie Faye Schwartz, of the U.S. Attorney’s Office’s Special Prosecutions Division in Newark.
Bronx Man Admits Possession with Intent to Distribute FentanylRead the Press Release
NEWARK, N.J. – A Bronx man today admitted possessing with intent to distribute fentanyl, U.S. Attorney Philip R. Sellinger announced.
Jose Sanchez Matos, 31, of the Bronx, New York, pleaded guilty before U.S. District Judge Susan D. Wigenton in Newark federal court to an indictment charging him with possession with intent to distribute 400 grams or more of a mixture and substance containing fentanyl.
According to documents filed in this case and statements made in court:
On Aug. 27, 2019, a confidential source (the “CS”) met with Matos and agreed to purchase one kilogram of fentanyl for $40,000. Matos then provided the CS with a powdery substance wrapped in plastic, stating that the substance was fentanyl.
The charge of possession with intent to distribute 400 grams or more of fentanyl carries a statutory mandatory minimum sentence of 10 years in prison, a maximum sentence of life in prison, and a maximum fine of $10 million. Sentencing is scheduled for April 28, 2022.
U.S. Attorney Sellinger credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Sarah A. Sulkowski of the Violent Crimes Unit in Newark.
Three Passaic County Men Charged in Scheme to Defraud Moving Company CustomersRead the Press Release
NEWARK, N.J. – Three Passaic County, New Jersey, men have been charged with conspiracy to commit wire fraud in connection with a scheme to extort increased fees for moving services from vulnerable customers, U.S. Attorney Philip R. Sellinger announced today.
Abdal Abuawad, 26, a Jordanian national residing in Paterson, New Jersey, was arrested in New Mexico on Dec. 13, 2021, and made his initial appearance in the District of New Jersey by videoconference today before U.S. Magistrate Judge James B. Clark III. He was released on $300,000 unsecured bond. His brother, Abdalh Abuawad, 28, a Jordanian national, and Yousef AlMallad, 31, both of Paterson, appeared before U.S. Magistrate Judge Michael A. Hammer in Newark federal court on Dec. 10, 2021, following their arrests and were each released on $300,000 unsecured bond. All three are each charged by complaint with one count of conspiring to commit wire fraud.
According to documents filed in this case and statements made in court:
The Abuawad brothers created at least one moving company, Abda Moving LLC, d/b/a 11Even Movers & Storage (11Even), and employed AlMallad as a manager. The defendants and their conspirators utilized 11Even to extort customers to pay drastically increased fees for moving services once the customer was in a vulnerable state and unable to refuse their demands.
Customers often arranged relocation or moving services through a household goods broker that provided the customer with an estimate of the cost of services. Representatives of 11Even, including Abdal and AlMallad, would then arrive at the customers’ homes to move their household goods. Generally, after loading all of a customer’s household goods onto a truck, the representatives of 11Even would then drastically raise the price of the move, often two or three times that of the quoted estimate. Defendants or other representatives of 11Even then demanded that the customer pay at least 50 percent of the inflated cost in cash at that time.
After demanding a higher price, 11Even regularly failed to deliver customers’ household goods for months at a time or at all. When customers called 11Even to complain about the price increase and failed deliveries, Abdalh, AlMallad or other conspirators would field the calls. They often claimed to be looking into complaints but rarely returned any customer phone calls and ultimately failed to answer any subsequent calls or texts.
The charge for conspiring to commit wire fraud carries a maximum potential penalty of 20 years in prison and a fine of $250,000, or twice the gross pecuniary gain/loss, whichever is greatest.
U.S. Attorney Sellinger credited FBI Newark’s Transnational Organized Crime Task Force, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; the Port Authority of New York and New Jersey Police Department, under the direction of Superintendent Edward Cetnar; the Rockaway Borough Police Department, under the direction of Chief Conrad Pepperman; the Medford, Oregon, Police Department, under the direction of Chief Scott Clauson; and the Simi Valley, California, Police Department, under the direction of Chief David M. Livingstone; with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Angelica M. Sinopole of the Organized Crime & Gangs Unit in Newark.
Anyone who believes they may have been a victim of this conspiracy can contact the FBI at: 11evenvictims@fbi.gov.
The charge and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Owners of Bergen County Company Admit $3 Million Mail Fraud SchemeRead the Press Release
NEWARK, N.J. – Two owners of a Bergen County company today admitted their roles in a scheme to deprive the U.S. Postal Service (USPS) of over $3 million in revenue through fraudulently altering postage labels, U.S. Attorney Philip R. Sellinger announced.
Jack Koch, 44, of Elmwood Park, New Jersey, and Steven Koch, 43, of Pompton Lakes, New Jersey, each pleaded guilty before U.S. District Judge William J. Martini to separate informations charging them with mail fraud.
According to the documents filed in this case and statements made in court:
The Kochs owned Fresh N Clear LLC, a company that sold various household items online, including bottled water, and shipped goods to its customers via the United States Postal Service. From January 2020 through September 2020, the defendants deprived the USPS of approximately $3 million in postage revenue through purchasing Flat Rate Envelope postage labels and wrongfully removing the Flat Rate endorsement on the envelopes so they could ship Fresh N Clear’s merchandise in boxes without paying the appropriate postage rate. The defendants purchased Flat Rate Service postage labels and altered those labels by electronically removing the endorsement from the label that confirmed that the package qualified for the Flat Rate Service. After removing the endorsement from the labels, the defendants re-applied the altered labels to packages that did not qualify for the Flat Rate Service and which would have otherwise required higher postage rates. Fresh N Clear then shipped those packages to its customers.
The mail fraud charge to which each defendant pleaded guilty carries a maximum penalty of 20 years in prison and a maximum fine of $250,000 or twice the gross gain to the defendant or gross loss to the victim, whichever is greatest. Sentencing for both defendants is scheduled for July 19, 2022.
U.S. Attorney Sellinger credited postal inspectors of the U.S. Postal Inspection Service, Newark Division, under the direction of Acting Inspector in Charge Raimundo Marrero, with the investigation leading to today’s guilty pleas.
The government is represented by Assistant U.S. Attorneys Perry Farhat and Katherine Romano of the U.S. Attorney’s Office’s Government Fraud Unit in Newark.
Essex County Man Sentenced to Three Years in Prison for Unlawfully Possessing Firearm and Conspiring to Defraud Banks of over $250,000 Using Stolen Credit Cards and Blank ChecksRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man was sentenced today to 36 months in prison for illegally possessing a firearm and conspiring to defraud two banks of $250,000 using stolen credit cards and blank checks, U.S. Attorney Philip R. Sellinger announced.
Tamir Duval, 23, of Newark, previously pleaded guilty by videoconference before U.S. District Judge Susan D. Wigenton to an indictment charging him with one count of illegal possession of a firearm by a previously convicted felon, and to an information charging him with conspiracy to commit bank fraud. Judge Wigenton imposed the sentence today by videoconference.
According to documents filed in this case and statements made in court:
On July 27, 2020, Duval unlawfully possessed a Taurus PT740 semi-automatic handgun loaded with seven hollow nose rounds of ammunition. The firearm had been reported stolen from Gastonia, Georgia. Duval was previously convicted in Essex County Superior Court of receiving stolen property, a felony under state law.
From August 2018 through January 2020, Duval and others engaged in a scheme to use stolen credit cards and checks to fraudulently make purchases and withdraw money from two banks, leaving the banks to bear the losses of the scheme.
The credit cards and blank checks were stolen from various New Jersey-based postal facilities and never reached their intended recipients. Duval and his conspirators used the credit cards and checks to make unauthorized purchases at various retail stores and withdraw cash from automated teller machines (ATMs) in New Jersey and elsewhere. Duval and his conspirators altered the date, payee, and amount of the stolen checks prior to deposit and then fraudulently withdrew money at various ATMs from third-party account holders’ accounts.
In addition to the prison term, Judge Wigenton sentenced Duval to five years of supervised release.
U.S. Attorney Sellinger credited the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II; the East Orange Police Department, under the direction of Chief Phyllis Bindi; inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Raimundo Marrero in Newark; and special agents of the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas Mahoney, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Blake Coppotelli of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Union County Man Charged with Bank Robbery and Armed Convenience Store RobberiesRead the Press Release
TRENTON, N.J. – A Union County, New Jersey, man has been charged in connection with his commission of a string of robberies in New Jersey, including a bank robbery and two armed robberies of convenience stores, U.S. Attorney Philip R. Sellinger announced today.
Dayshawn Brimfield, 30, of Elizabeth, New Jersey, is charged by complaint with one count of bank robbery, two counts of Hobbs Act robbery, one count of using and carrying a firearm during and in relation to a crime of violence, and one count of interstate transportation of stolen property. He appeared by videoconference before U.S. Magistrate Judge Lois H. Goodman and was detained.
According to documents filed in this case and statements made in court:
On April 2, 2021, a man dressed in dark clothing walked into a Hazlet, New Jersey, bank and handed a note to an employee. In the note, the man claimed to have a gun and threatened to kill the employee if the employee did not give him money. The employee turned over $750, which the man took before fleeing. Law enforcement later identified Brimfield’s palmprint on the note.
On April 20, 2021, Brimfield entered an Aberdeen, New Jersey, convenience store wearing dark clothing and a mask that partially covered his face. Brimfield approached an employee behind the counter and ordered him to the ground while brandishing a handgun. The employee complied, and Brimfield took approximately $450 from the store’s cash registers. Law enforcement reviewed security camera footage of the robbery and identified Brimfield as the robber. Security cameras also captured an older-model green Honda Civic park outside of the store immediately prior to the robbery.
On April 22, 2021, Brimfield, who was wearing a dark jacket with light stains and a mask, approached an employee of a South Plainfield, New Jersey, convenience store behind the counter and brandished a handgun. Brimfield demanded the employee’s wallet and cellphone, and the employee handed them over. The employee’s wallet contained his driver’s license, Social Security card and cash. Brimfield ordered the man to the ground as he took more than $2,000 from the store. Brimfield left the store and walked in the direction of a neighboring business. Law enforcement reviewed security camera footage from that neighboring business. Immediately prior to the robbery, security cameras captured Brimfield driving a green Honda Civic that had been stolen in Elizabeth four to five days earlier and wearing a knit New England Patriots hat.
On April 25, 2021, Nebraska State Patrol Officers arrested Brimfield after he led them on a five-mile pursuit in the stolen Civic. Law enforcement seized the South Plainfield convenience store employee’s driver’s license and Social Security card, clothing consistent with the clothing Brimfield wore during both convenience store robberies, and a knit New England Patriots hat from the Civic.
The bank robbery and Hobbs Act robbery charges each carry a maximum penalty of 20 years in prison and a fine of up to $250,000. The using and carrying a firearm during and in relation to a crime of violence charge carries a maximum penalty of life in prison, and a fine of up to $250,000. The interstate transportation of stolen property 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 FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; officers of the Hazlet Police Department, under the direction of Chief Ted A. Wittke; officers of the South Amboy Police Department, under the direction of Chief Darren LaVigne; officers of the Aberdeen Police Department, under the direction of Acting Chief Matthew Lloyd; officers of the Nebraska State Patrol, under the direction of Col. John A. Bolduc; members of the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Yolanda Ciccone; and members of the Monmouth County Prosecutor’s Office, under the direction of Acting Prosecutor Lori Linskey, with the investigation leading to today’s charges.
The government is represented by Special Assistant U.S. Attorney Christopher Matthews of the U.S. Attorney’s Office’s 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.
Two Members of Pagan’s Motorcycle Club Indicted for Shooting at Hells Angels Associate on New Jersey TurnpikeRead the Press Release
NEWARK, N.J. – Two high-ranking members of the Pagan’s Motorcycle Club were indicted today for assault with a dangerous weapon in aid of racketeering, narcotics distribution, and firearms offenses, U.S. Attorney Philip R. Sellinger announced.
Larry Ortiz, aka “Savage,” 31, of Elizabeth, New Jersey, and Junius Aquino, aka “Jayo,” 38, of Vauxhall, New Jersey, were indicted for assault with a dangerous weapon in aid of racketeering (Count One) and discharging a firearm during and in relation to a crime of violence (Count Two), in connection with their roles in a gang-related shooting. Aquino was also charged with possession of ammunition by a convicted felon (Count Three) and possession with intent to distribute cocaine (Count Four), and Ortiz was also charged with possession with intent to distribute methamphetamine (Count Five) and possession of a firearm in furtherance of a drug trafficking crime (Count Six).
According to documents filed and statements made in court:
On Oct. 21, 2020, Aquino visited a bar in Verona, New Jersey, with other members of the Pagan’s. When Aquino and his associates exited the bar, a group of individuals approached and assaulted them with baseball bats. Approximately one week later Aquino and Ortiz shot at an associate of the Hells Angels on the New Jersey Turnpike in retaliation for the Verona assault. The Pagan’s and the Hells Angels are known to be rival gangs.
Aquino was also indicted for possession of ammunition by a convicted felon and possession with intent to distribute cocaine. The ammunition charge arises from a shooting that occurred in Elizabeth on Oct. 31, 2020, during which Aquino shot at an occupied vehicle. On Nov. 5, 2020, law enforcement officers executed a search warrant at Aquino’s residence and recovered, among other items, multiple .40 caliber rounds of ammunition and approximately 50 grams of cocaine. At the time of Aquino’s arrest, he was the vice president of the Elizabeth membership chapter of the Pagan’s.
Ortiz was indicted for possession with intent to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. On Nov. 17, 2020, law enforcement executed a search warrant at Ortiz’s residence and recovered approximately 300 grams of methamphetamine and a loaded firearm. At the time of his arrest, Ortiz was the president of the Pagans’ Jersey City membership chapter.
These charges were filed as part of a multi-agency investigation into the Pagan’s Motorcycle Club – an outlaw motorcycle gang known to engage in illegal activity, including narcotics trafficking, weapons trafficking, and violent crimes. The Pagan’s have established membership chapters in numerous states and U.S. territories, including multiple active chapters in New Jersey. This investigation involved court-authorized wiretaps, the use of multiple undercover law enforcement agents, and execution of multiple search warrants at physical locations in multiple jurisdictions. Through the investigation, law enforcement seized 10 firearms and more than 800 grams of methamphetamine.
Count One carries a maximum sentence of 20 years in prison and a fine of up to $250,000. Count Two carries a mandatory minimum sentence of 10 years in prison, a maximum sentence of life in prison, and a fine of up to $250,000. Count Three carries a maximum sentence of 10 years in prison and a fine of up to $250,000. Count Four carries a maximum sentence of 20 years in prison and a maximum fine of $1 million. Count Five carries a mandatory minimum sentence of 10 years in prison, a maximum sentence of life in prison, and a fine of up to $10 million. Count Six carries a mandatory minimum sentence of five years in prison, a maximum sentence of life in prison, and a fine of up to $250,000.
U.S. Attorney Sellinger credited a joint task force comprised of special agents of the Drug Enforcement Administration, Newark Division, under the direction of Special Agent in Charge Susan A. Gibson; special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Newark Field Division, under the direction of Special Agent in Charge Jeffrey L. Matthews; the Union County Prosecutor’s Office, under the direction of Prosecutor William A. Daniel; and the New Jersey State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to these charges. He also thanked the Elizabeth Police Department, under the direction of Chief Giacomo Sacca, for its assistance with this investigation.
These cases are 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.
The government is represented by Assistant U.S. Attorneys Robert Frazer, R. Joseph Gribko, and Samantha C. Fasanello, of the U.S. Attorney’s Office in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Two Essex County Women Charged in Sham Marriage Immigration SchemeRead the Press Release
NEWARK, N.J. – Two Essex County, New Jersey, women were indicted today in connection with a scheme to arrange sham marriages between U.S. citizens and non-citizens seeking to stay in the United States unlawfully, U.S. Attorney Philip R. Sellinger announced.
Sisters Andrea Torres, 55, and Regina Johnson, 57, of Newark, were both charged by indictment with one count of conspiracy to encourage and induce non-citizens to remain in the United States illegally. They had been previously charged by complaint with the same offense. Torres and Johnson will be arraigned at a later date.
According to documents filed in this case and statements made in court:
From September 2016 to July 2019, Torres and Johnson devised and participated in a fraudulent scheme to arrange and facilitate sham marriages for non-citizens who wished to remain in the United States despite lacking legal status or the proper documentation. They recruited U.S. citizen as potential spouses and paid them a fee in exchange for those U.S. citizens entering into sham marriages with Torres’ and Johnson’s non-citizen clients. Torres and Johnson arranged for the “couples” to obtain fraudulent marriage licenses and even arranged and charged their clients for wedding ceremonies and afterparties that were staged to make the sham marriages appear legitimate. Torres and Johnson advised their clients on ways to make their marriage appear legitimate on paper, including the opening of joint bank accounts and frequent meetings with their U.S. spouses – where they were advised to take pictures in a variety of locations and in different clothing – to document the relationship and give the appearance of cohabitation, even though none of the clients ever resided or intended to reside with their U.S. spouses. Torres and Johnson then helped their non-citizen clients fill out immigration forms to obtain permanent residency on the basis of materially false misrepresentations.
The charge in the indictment carries a maximum penalty of 10 years in prison and a fine of $250,000, or twice the pecuniary gain or loss resulting from the offense, whichever is greatest.
U.S. Attorney Sellinger credited special agents of the Department of Homeland Security, Homeland Security Investigation, under the direction of Special Agent in Charge Jason J. Molina in Newark, with the investigation leading to today’s indictment.
The government is represented by Assistant U.S. Attorney Sammi Malek of the National Security Unit in Newark.
The charge and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Morris County Attorney and Settlement Agent Admits Role in Reverse Mortgage Fraud SchemeRead the Press Release
TRENTON, N.J. – A Morris County, New Jersey, man today admitted his role in a reverse mortgage fraud scheme that exploited several elderly homeowners, U.S. Attorney Philip R. Sellinger announced.
Martin D. Eagan, 50, of Montville, New Jersey, pleaded guilty before U.S. District Judge Anne E. Thompson to an information charging him with one count of conspiracy to commit bank fraud.
According to documents filed in this case and statements made in court:
Eagan, principal of the Martin D. Eagan Law Firm, was an attorney licensed by the state of New Jersey with a practice in Morristown, New Jersey, that primarily focused on real estate transactions, such as loan originations, reverse mortgages and the refinancing of residential homes.
From 2007 through 2010, Eagan, acting as a settlement agent, was required to comply with instructions established by financial institutions that provided loan funds to borrowers. As part of the lending process, Eagan was required to generate and certify HUD-1 settlement statements that Eagan submitted to lenders. The HUD-1 settlement statement itemized the receipt and disbursement of all funds for each real estate closing. HUD-1 settlement statements were required to be approved by a lender before a settlement agent could disburse funds. The disbursement of funds had to mirror the representations made on the lender-approved HUD-1.
Eagan and his conspirators submitted fraudulent documentation to lenders to persuade lenders to approve and fund reverse mortgages and the refinancing of existing mortgages. Fraudulent documentation submitted included false HUD-1s that concealed from the lenders the fact that disbursements of loan proceeds went to conspirators, or entities the conspirators owned or controlled, and false appraisals that overstated the value of homes.
Eagan, his conspirators, and others controlled the loan application process from the time the homeowners applied for loans to the disbursement of loan funds, and ultimately through the diversion of loan proceeds to conspirators.
The conspiracy to commit bank fraud carries a maximum potential penalty of 30 years in prison and a $1 million fine. Sentencing is scheduled for April 14, 2022.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, and special agents of the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent in Charge Robert Manchak, with the investigation leading to today’s guilty plea.
The government is represented by Special Assistant U.S. Attorneys Kevin Di Gregory and Charlie L. Divine of the Federal Housing Finance Agency, Office of Inspector General.
Three Middlesex County Individuals Charged with $2.1 Million in Paycheck Protection Program Fraud and Economic Injury Disaster Loan Fraud SchemesRead the Press Release
NEWARK, N.J. – Three Middlesex County, New Jersey, residents were arrested today for their roles 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, 35, of Perth Amboy, New Jersey, is charged by complaint with 11 counts of bank fraud, three counts of wire fraud, and two counts of money laundering. Kent Encarnacion, 28, of Perth Amboy, is charged by separate complaint with one count of bank fraud and two counts of money laundering. Jacquelyn Pena, 36, of Perth Amboy, is charged by separate complaint with three counts of bank fraud and two counts of money laundering. They are all scheduled to have their initial appearances by videoconference this afternoon before U.S. Magistrate District Judge Leda Dunn Wettre.
According to documents filed in these cases and statements made in court:
Arlen G. Encarnacion submitted 11 fraudulent PPP loan applications to two different lenders on behalf of nine purported businesses and three fraudulent EIDL applications to the Small Business Association (SBA) on behalf of three purported businesses. Kent Encarnacion submitted one fraudulent PPP loan application on behalf of a purported business to one lender and Jacquelyn Pena submitted three fraudulent PPP loan applications to two different lenders on behalf of three purported businesses.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses.
The applications the defendants each submitted allegedly contained fraudulent representations to the participating lenders and the SBA, including bogus federal tax return documentation. The defendants also each fabricated the existence of employees and the wages paid to the non-existent employees through the purported businesses. According to Social Security Administration records, there were no Forms W-3, Transmittal or Wage and Tax Statements, nor Forms W-2, Wage and Tax Statements processed for any of the defendants’ entities between 2018 and 2020.
Based on the defendants’ alleged misrepresentations, the lenders and the SBA approved the defendants’ PPP loan and EIDL applications and provided their purported businesses with approximately $2.1 million in federal COVID-19 emergency relief funds meant for distressed small businesses. Of this amount, Arlen G. Encarnacion received approximately $1.69 million, Kent Encarnacion approximately $156,000, and Jacquelyn Pena approximately $335,000. The defendants then transferred a substantial portion of the proceeds, including in connection with Jacquelyn Pena’s purchase of real estate and Arlen G. Encarnacion’s purchase of a luxury Lamborghini SUV.
Each count of bank fraud charged in the complaints carries a maximum penalty of 30 years in prison and a $1 million fine; each count of wire fraud carries a maximum penalty of 20 years; and each count of money laundering carries a maximum penalty of 10 years in prison. Both the wire fraud and money laundering counts carry a maximum fine of $250,000 or twice the gross gain to the defendant or gross loss to the victim, whichever is greatest.
U.S. Attorney Sellinger credited postal inspectors of U.S. Postal Inspection Service, Newark Division, under the direction of Acting Inspector in Charge Raimundo Marrero; special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez; 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 John Grasso; 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 Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau – Office of Inspector General, under the direction of Acting Special Agent in Charge Stephen Donnelly; 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 the U.S. Department of Homeland Security – Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark, with the investigation leading to the charges. 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. Attorneys Mark C. Orlowski and Olajide A. Araromi of the U.S. Attorney’s Office’s Government 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.
The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Philip R. Sellinger Sworn in as 62nd U.S. Attorney for District of New JerseyRead the Press Release
NEWARK, N.J. – Philip R. Sellinger today took the oath of office as U.S. Attorney for the District of New Jersey.
U.S. Attorney Sellinger was the co-managing partner of the New Jersey office of an international law firm, an office he founded in 2002. He previously served as co-chair of the firm’s Global Litigation Practice Group from 2013 to 2017. From 1984 to 2002, Mr. Sellinger worked at a New Jersey law firm, where he held several leadership positions, including co-chair of the firm’s Litigation Department and member of the firm’s Management Committee. Mr. Sellinger previously served as an Assistant U.S. Attorney in the United States Attorney’s Office for the District of New Jersey from 1981 to 1984. Mr. Sellinger served as a law clerk for U.S. District Judge Anne E. Thompson for the District of New Jersey from 1979 to 1980.
Mr. Sellinger received his J.D. from New York University School of Law in 1979 and his B.A., summa cum laude, from the University of Massachusetts at Amherst, in 1976.
As the 62nd U.S. Attorney for the District of New Jersey, U.S. Attorney Sellinger is responsible for overseeing all federal criminal prosecutions and the litigation of all civil matters in New Jersey in which the federal government has an interest. Between the offices in Newark, Camden, and Trenton, Mr. Sellinger supervises a staff of approximately 155 federal prosecutors, and approximately 130 support personnel.
Husband and Wife Sentenced to Prison Terms for Operating Ponzi Scheme Relating to Investments in Foreign CurrenciesRead the Press Release
NEWARK, N.J. – A former Hudson County, New Jersey, couple was sentenced today for operating a Ponzi scheme in which they defrauded approximately 30 investors by making extraordinary guarantees about investment returns and then used the money for extravagant purchases and to pay off other victims, Acting U.S. Attorney Rachael A. Honig announced.
Jennifer Wee Cifuentes, 40, and her husband, Alcibiades Cifuentes, 39, were each sentenced to 71 months in prison.
Alcibiades Cifuentes pleaded guilty on Nov. 8, 2019, and Jennifer Wee Cifuentes pleaded guilty on Nov. 18, 2019, both before U.S. District Judge Esther Salas in Newark federal court, to all six counts of an indictment charging each of them with four counts of wire fraud, one count of conspiring to commit wire fraud, and one count of stealing funds intended for investment in commodities. Judge Salas imposed the sentences today in Newark federal court.
According to documents filed in this case and statements made in court:
Jennifer Wee and Alicbiades Cifuentes engaged in an investment fraud scheme from 2012 through March 2015. They induced victims to invest in the foreign currency and commodity markets through Cifuentes Fund Management (CFM), their hedge fund that purportedly invested in foreign currencies, and then almost immediately spent those investment funds on personal items, such as an Audi R8 automobile and jewelry. The couple would then pay back a portion of the victims’ money with money received from newly duped victims. The couple defrauded approximately 30 victims of more than $400,000.
In addition to the prison terms, Judge Salas sentenced the each of the defendants to three years of supervised released and ordered them to pay $434,914 in restitution and forfeiture of $218,957.
Acting U.S. Attorney Honig credited inspectors of the U.S. Postal Inspection Service under the direction of Acting Inspector in Charge Raimundo Marrero, and investigators with the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas J. Mahoney, with the investigation leading to today’s sentencing. She also thanked the N.J. Bureau of Securities in the State Attorney General’s Division of Consumer Affairs, under the direction of Acting Attorney General Andrew Bruck and Bureau Chief Christopher W. Gerold, as well as the U.S. Commodity Futures Trading Commission’s Division of Enforcement, under the direction of Acting Director Vincent McGonagle, for their assistance.
The government is represented by Assistant U.S. Attorney Anthony P. Torntore of the Cybercrime Unit and Courtney A. Howard of the Department of Justice.
Four People Sentenced to Prison for Roles in Multimillion-Dollar Health Care Fraud Conspiracy Targeting State Health Benefits ProgramsRead the Press Release
CAMDEN, N.J. – Four people who participated in a scheme to defraud New Jersey state health benefits programs and other insurers by submitting fraudulent claims for medically unnecessary prescriptions have been sentenced to prison, Acting U.S. Attorney Rachael A. Honig announced today.
- Michael Pilate, 43, of Williamstown, New Jersey, formerly a guidance counselor with the Pleasantville public school district, and Tara LaMonaca, 47, of Linwood, New Jersey, formerly a pharmaceutical sales representative, were sentenced by U.S. District Judge Robert B. Kugler in Camden federal court today to 18 months in prison and eight months in prison, respectively.
- George Gavras, 40, formerly a pharmaceutical sales representative from Moorestown, New Jersey, and Andrew Gerstel, 43, formerly a pharmaceutical sales representative from Galloway, New Jersey, were sentenced by Judge Kugler on Dec. 14, 2021, to 13 months in prison and 12 months and one day in prison, respectively.
All four defendants previously pleaded before Judge Kugler to separate informations charging each with conspiracy to commit health care fraud.
According to documents filed in this case and statements made in court:
Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredient.
From January 2015 through April 2016, Pilate, LaMonaca, Gavras and Gerstel, and others, served as recruiters in the conspiracy and persuaded individuals in New Jersey to obtain very expensive and medically unnecessary compounded medications from an out-of-state pharmacy, identified in the informations as the “Compounding Pharmacy.” The conspirators learned that certain compound medication prescriptions – including pain, scar, antifungal, and libido creams, as well as vitamin combinations – were reimbursed for thousands of dollars for a one-month supply.
The conspirators also learned that some New Jersey state and local government and education employees, including teachers, firefighters, municipal police officers, and state troopers, had insurance coverage for these particular compound medications. An entity referred to in the informations as the “Pharmacy Benefits Administrator” provided pharmacy benefit management services for the State Health Benefits Program, which covers qualified state and local government employees, retirees, and eligible dependents, and the School Employees’ Health Benefits Program, which covers qualified local education employees, retirees, and eligible dependents. The Pharmacy Benefits Administrator would pay prescription drug claims and then bill the State of New Jersey for the amounts paid.
The conspirators recruited public employees and other individuals covered by the Pharmacy Benefits Administrator to fraudulently obtain compounded medications from the Compounding Pharmacy without any evaluation by a medical professional that they were medically necessary. In return, the pharmacy paid the conspirators a percentage of each prescription filled and paid by the Pharmacy Benefits Administrator, which was then distributed to other members of the conspiracy.
Once they had recruited an employee covered by the Pharmacy Benefits Administrator, the conspirators would obtain the employee’s insurance information and fill out a Compounding Pharmacy prescription form. They would select the compounded medications that paid the most without regard to their medical necessity. They would then get the prescriptions signed by doctors and other qualified health professionals who never saw the patients or evaluated whether the patients had a medical necessity for the compounded medication. The prescriptions were then faxed to Compounding Pharmacy, which filled the prescriptions and billed the Pharmacy Benefits Administrator.
According to the informations, the Pharmacy Benefits Administrator paid Compounding Pharmacy over $50 million for compounded medications mailed to individuals in New Jersey.
In addition to the prison terms, Judge Kugler sentenced Pilate, LaMonaca, and Gerstel each to three years of supervised release, and Gavras to two years of supervised release.
As part of their plea agreements, Pilate must forfeit $392,684 in criminal proceeds and pay restitution of $3.49 million; LaMonaca must forfeit $89,855 in criminal proceeds and pay restitution of $523,831; Gavras must forfeit $204,002 in criminal proceeds and pay restitution of $677,815; and Gerstel must forfeit $184,389 in criminal proceeds and pay restitution of $483,946.
Acting U.S. Attorney Honig credited agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge George M. Crouch in Newark; special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; and the Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Jonathan Mellone in New York, with the investigation leading to today’s sentencings.
The government is represented by Assistant U.S. Attorneys R. David Walk Jr. and Christina Hud of the U.S. Attorney’s Office in Camden.
Eleven People Charged in Fentanyl and Crack Cocaine ConspiracyRead the Press Release
NEWARK, N.J. – Eleven people were charged today for their respective roles in a fentanyl and crack cocaine distribution organization that sold large quantities of controlled substances in the area of Brookdale Avenue and Abinger Place in Newark, Acting U.S. Attorney Rachael A. Honig announced.
Leon Clark, aka “Dino,” 40; Abdul Price, aka “Ab,” aka “Dred,” 43; Elijawan White, aka “Eli,” 33; Janice Anderson, 53; Sherriff Simpson, 38; Kesean Holley, aka “Jack,” 29; Terrance Brown, aka “B-Love,” 42; Corey Ewings, 38; Elijah Robinson, aka “Horse,” 40; Barry Jordan Jr., 48; and Frazier Burton, 46, all of Newark, each were charged by superseding complaint with one count of conspiracy to distribute 400 grams or more of fentanyl and 280 grams or more of crack cocaine. Ten of the defendants are in custody and are scheduled to have their initial court appearances today before U.S. Magistrate Judge Leda Dunn Wettre by videoconference.
According to documents filed in this case and statements made in court:
The defendants ran an open-air narcotics market in the area of Brookdale Avenue and Abinger Place. For several months, law enforcement officials conducted extensive surveillance of the area, conducted numerous controlled purchases of narcotics, and analyzed telephone records, all of which demonstrated extensive interactions among Clark, Price, White, Anderson, Simpson, Holley, Brown, Ewings, Robinson, and Jordan. The investigation likewise revealed that Burton was a primary supplier of heroin and fentanyl to the drug trafficking organization. At the time of his arrest this morning, Burton was in possession of approximately 100 bricks of suspected heroin and fentanyl branded with stamps that matched prior sales from the drug trafficking organization.
The count with which the defendants are charged carries a mandatory minimum sentence of 10 years in prison, a maximum sentence of life in prison and a maximum fine of $10 million.
Acting U.S. Attorney Honig credited special agents of the FBI, under the supervision of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark; and the Bloomfield Police Department, under the direction of Public Safety Director Samuel A. DeMaio, with the investigation leading to the charges. She also thanked police officers and detectives of the Newark Police Department, officers of the Essex County Sheriff’s Office, detectives of the Essex County Prosecutor’s Office, the East Orange Police Department, and the Essex County Department of corrections for their assistance with the investigation.
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 Drug Enforcement Administration’s (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. Attorney Samantha C. Fasanello of the U.S. Attorney’s Office’s Organized Crime and Gangs Unit in Newark and DeNae M. Thomas of the Office’s Violent Crimes Unit.
The charges and allegations contained in the complaints are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Union County Man Charged with Unlawful Firearm PossessionRead the Press Release
NEWARK, N.J. – A Union County man made his initial appearance on a charge of possession of a firearm by a convicted felon, Acting U.S. Attorney Rachael A. Honig announced today.
Miguel Aviles, aka “Ricardo Bermudez,” 47, of Elizabeth, New Jersey, is charged by complaint with possessing a firearm after having been convicted of a felony. Aviles made his initial appearance before U.S. Magistrate Judge Leda Dunn Wettre in Newark federal court on Dec. 13, 2021 and was detained without bond.
According to documents filed in this case and statements made in court:
On Aug. 27, 2021, two victims reported to Elizabeth police that Aviles had pointed a gun at them, threatened to shoot them, and then fired the weapon, all inside the victims’ residence. Two other occupants of the residence confirmed hearing the shot.
The charge of possession of a firearm by a convicted felon carries a maximum penalty of 10 years in prison and a maximum fine of $250,000.
Acting U.S. Attorney Honig credited special agents of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Newark Field Division, under the direction of Special Agent in Charge Jeffrey L. Matthews, and the Elizabeth Police Department with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorney Sarah A. Sulkowski of the Violent Crimes Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Two Men Sentenced to Prison for Receiving over $600,000 in Global Robocall Scam that Defrauded Elderly VictimsRead the Press Release
CAMDEN, N.J. – Two Indian nationals were sentenced to prison today for their roles in a conspiracy to commit wire fraud by accepting illegally obtained wire transfers from victims across the country totaling over $600,000, Acting U.S. Attorney Rachael A. Honig announced.
Zeeshan Khan, 22, and Maaz Ahmed Shamsi, 24, were each sentenced today to 27 months in prison by U.S. District Judge Joseph Rodriguez in Camden federal court. The defendants previously pleaded guilty before Judge Rodriguez to an information charging each with one count of conspiracy to commit wire fraud.
According to documents filed in this case and statements made in court:
As part of an international fraud scheme, India-based call centers utilized automated robocalls to victims with the intent of defrauding U.S. residents, particularly the elderly. After establishing contact with victims through these automated calls, other members of the conspiracy would coerce or trick the victims into sending large sums of cash through physical shipments or wire transfers to other members of the conspiracy, including Shamsi and Khan. These conspirators used a variety of schemes to convince victims to send money, including impersonating government officials from agencies such as the Social Security Administration, or impersonating law enforcement officers from the FBI or Drug Enforcement Administration, and threatened victims with severe legal or financial consequences if they did not comply. Another method utilized by the callers involved convincing the victims they were speaking with someone from a tech support company and coercing the victims into granting the caller remote access to their personal computers, and through that, to the victims’ bank accounts. By manipulating the victims’ bank accounts, the caller would convince the victims that an overpayment was made to the victims and ultimately instruct them to send money by way of mail or wire transfer to other members of the conspiracy, including Shamsi and Khan.
As part of this scheme, Shamsi and Khan are charged with receiving fraudulent wire transfers from 19 victims across the country totaling approximately $618,000.
In addition to the prison terms, Judge Rodriguez sentenced Shamsi and Khan to three years of supervised release.
Acting U.S. Attorney Honig credited special agents of the Social Security Administration, Office of the Inspector General Office of Investigations, New York Field Division, under the direction of Special Agent in Charge John F. Grasso; and special agents of the Department of Homeland Security, Homeland Security Investigations New York Field Office – El Dorado Task Force, under the direction of Special Agent in Charge Peter C. Fitzhugh, with the investigation leading to today’s sentencing.
The government is represented by Special Assistant U.S. Attorney Meriah Russell of the U.S. Attorney's Office Criminal Division in Camden.
Sussex County Man Sentenced to 64 Months in Prison for Fraudulently Obtaining $5.6 Million Loan Meant to Help Small Businesses During COVID-19 PandemicRead the Press Release
NEWARK, N.J. – A Sussex County, New Jersey, man was sentenced today to 64 months in prison for fraudulently obtaining a federal Paycheck Protection Program (PPP) loan of over $5 million, Acting U.S. Attorney Rachael A. Honig announced.
Azhar Sarwar Rana, 31, of Newton, New Jersey, previously pleaded guilty before U.S. District Judge Esther Salas to an information charging him with one count of bank fraud and one count of money laundering. Judge Salas imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Rana submitted a fraudulent PPP loan application to a lender on behalf of a corporate entity, Azhar Sarwar Rana LLC, that purportedly invested in real estate development. The application falsified payroll and tax information and included internally inconsistent listings of the number of company employees. New Jersey Department of Labor records showed that Azhar Sarwar Rana LLC paid no wages in 2019, and the minimal wages it purportedly paid in 2020 were mostly to individuals whose submitted Social Security numbers did not correspond to their submitted names.
Based on Rana’s misrepresentations, the lender approved Rana’s PPP loan application and provided Azhar Sarwar Rana LLC with approximately $5.6 million in federal COVID-19 emergency relief funds meant for distressed small businesses. Rana used the fraudulently obtained PPP loan proceeds to pay for numerous personal expenses, including to invest millions in the stock market, make a payment to a luxury car dealership, and send hundreds of thousands of dollars to accounts in Pakistan. Rana was arrested on Dec. 12, 2020, after he booked a same-day flight to Pakistan.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
In addition to the prison term, Judge Salas sentenced Rana to five years of supervised release, ordered restitution of $5.58 million. A forfeiture order of $5.68 million was entered in September 2021.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez; special agents of the Social Security Administration Office of the Inspector General, New York Field Division, under the direction of Inspector General Gail S. Ennis; and special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Acting Special Agent in Charge Ricky J. Patel in New York, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Jennifer S. Kozar and Carolyn Silane of the U.S. Attorney’s Office Economic Crimes 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.
Sussex County Man Sentenced to 62 Months in Prison for Unlawfully Possessing Weapons, MarijuanaRead the Press Release
NEWARK, N.J. – A Sussex County, New Jersey, man was sentenced today to 62 months in prison for possessing marijuana and an arsenal of weapons and ammunition, Acting U.S. Attorney Rachael A. Honig announced.
Joseph Rubino, 59, of Lafayette Township, New Jersey, previously pleaded guilty before U.S. District Judge William J. Martini to an information charging him with one count of possession of marijuana with intent to distribute and one count of possession of firearms and ammunition by a convicted felon. Judge Martini imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
On July 24, 2019, following a motor vehicle accident, officers with the New Jersey State Police observed numerous weapons and ammunition inside Rubino’s crashed vehicle. After executing court-authorized search warrants on Rubino’s vehicle and residence, law enforcement recovered an arsenal of weapons and ammunition from Rubino’s car and house, including:
- An Intratec Arms Model TEC-DC9 semi-automatic assault handgun;
- A Cobray Arms Mac-11 9mm semi-automatic assault pistol with a high capacity magazine;
- A Keltec CMR30 .22 caliber semi-automatic rifle loaded with sixteen (16) .22 caliber hollow-point cartridges;
- A High Standard Derringer .22 caliber double-barrel handgun;
- A Polymer 80 9mm semi-automatic handgun;
- An Ithaca M-66 20-gauge single shotgun;
- A Remington Model 700 .223 caliber bold action rifle with scope;
- A Thompson Center .50 caliber muzzle-loading rifle with scope;
- A Remington Model 870 Wingmaster 12-gauge pump shotgun;
- A New England Firearms 20-gauge single shot shotgun;
- A Remington Model 760 .300 Savage pump rifle;
- A Glenfield Mod 60 .22 LR caliber semi-automatic rifle;
- Two sawed-off double-barrel shotgun barrels
- Several high-capacity magazines;
- Numerous silencers;
- An assault rifle scope;
- A grenade launcher;
- A ballistics vest; and
- Numerous additional ammunitions of various calibers
In addition to the firearms and ammunition, law enforcement recovered approximately 2.5 kilograms of marijuana from Rubino’s house.
In addition to the prison term, Judge Martini sentenced Rubino to three years of supervised release.
Acting U.S. Attorney Honig credited the New Jersey State Police, under the direction of Col. Patrick J. Callahan, and special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Jeffrey L. Matthews in Newark, with the investigation leading to today’s guilty plea. She also thanked the Warren County Prosecutor’s Office, under the direction of Prosecutor James L. Pfeiffer, and the Sussex County Prosecutor’s Office, under the direction of Prosecutor Francis A. Koch for their assistance.
The government is represented by Assistant U.S. Attorney Naazneen Khan of the Organized Crime and Gangs Unit in Newark.
South Carolina Man Admits Interstate Gun Trafficking ConspiracyRead the Press Release
NEWARK, N.J. – A South Carolina man today admitted conspiring to illegally sell firearms, including five pistols and one rifle, in and around Essex County, New Jersey, Acting U.S. Attorney Rachael A. Honig announced.
Carter Wilkerson, 21, of Orangeburg, South Carolina, pleaded guilty by videoconference before U.S. District Judge Susan D. Wigenton to an information charging him with one count of conspiracy to engage in the business of unlicensed firearms dealing.
According to documents filed in this case and statements made in court:
From April 2021 through May 18, 2021, Wilkerson was a member of a gun trafficking conspiracy. In furtherance of the conspiracy, he trafficked six firearms, with the intent to sell these weapons to at least one New Jersey resident.
The count of conspiracy to engage in the business of unlicensed firearms dealing carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for April 26, 2022.
This case 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.
Acting U.S. Attorney Honig credited special agents and task force officers of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson in Newark, and special agents and task force officers with the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Jeffrey L. Matthews, Newark Field Division, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Francesca Liquori, Chief of the OCDETF/Narcotics Unit in Newark and Assistant U.S. Attorney Samantha Fasanello, of the Organized Crime and Gangs Unit in Newark.
Salem County Man Admits Possession of Child PornographyRead the Press Release
CAMDEN, N.J. – A Salem County, New Jersey, man today admitted possessing images of child sexual abuse, Acting U.S. Attorney Rachael A. Honig announced.
Rickie Wayne Patton, 40, of Pennsville, New Jersey, pleaded guilty before U.S. District Judge Renée Marie Bumb in Camden 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:
On Feb. 10, 2020, a Task Force Officer with the FBI’s Child Exploitation and Human Trafficking Task Force identified an IP Address that was sharing suspected child sexual abuse materials over a peer-to-peer file sharing network. From Feb. 10, 2020, to March 15, 2020, the officer downloaded several video files containing images of child sexual abuse from a computer at the same IP Address. The IP Address was then traced to Patton’s residence, where the FBI executed a search warrant on May 19, 2020. The FBI found laptop computers and digital storage media belonging to Patton. Forensic examination later confirmed those devices contained images of child sexual abuse.
The count of possession of child pornography carries a maximum sentence of 20 years in prison and a fine of up to $250,000. Sentencing is scheduled for April 18, 2022.
Acting U.S. Attorney Honig credited special agents and task force officers of the FBI, Philadelphia Division, Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent in Charge Jacqueline Maguire, with the investigation leading to today’s guilty plea. She also thanked the Pennsville Police Department, under the direction of Chief Vincent Green, and the Salem County Prosecutor’s Office, under the direction of Acting Prosecutor Kristin J. Telsey, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Andrew B. Johns of the Criminal Division in Camden.
Puerto Rican Man Admits Conspiring to Distribute over 250 Kilograms of CocaineRead the Press Release
NEWARK, N.J. – A Puerto Rican man today admitted conspiring to distribute over 250 kilograms of cocaine, Acting U.S. Attorney Rachael A. Honig announced.
Mariano Enrique Arroyo Perez, aka “Humilde,” 29, pleaded guilty before U.S. District Judge Esther Salas to a superseding indictment charging him with conspiracy to distribute five kilograms or more of cocaine.
According to documents filed in this case and statements made in court:
From 2017 through July 2019, Arroyo Perez and his conspirators conspired to distribute approximately 250 kilograms of cocaine. They conspired to transport cocaine on private planes, including approximately 150 kilograms of cocaine from Puerto Rico to New Jersey on a private plane on Nov. 18, 2018, which law enforcement intercepted. After several men boarded a private plane in Puerto Rico destined for a Teterboro Airport in New Jersey, the pilots became suspicious, as the men were not on the manifest for the flight and their luggage was particularly heavy. Their luggage contained the 150 kilograms of cocaine. Law enforcement arrested the four passengers.
After this seizure, law enforcement learned that Arroyo Perez had coordinated this shipment. Law enforcement also reviewed judicially authorized wire intercepts that showed that Arroyo Perez and a conspirator discussed and coordinated the Nov. 18, 2018, events and shared the names of the four passengers.
The count of conspiracy to distribute five kilograms or more of cocaine carries a statutory mandatory minimum sentence of 10 years in prison and a maximum penalty of life imprisonment and a fine of up to $10 million. Sentencing is scheduled for April 21, 2022.
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.
Acting U.S. Attorney Honig credited special agents and task force officers with the Drug Enforcement Administration in New Jersey, under the direction of Special Agent in Charge Susan A. Gibson in Newark, as well as special agents and task force officers with the Drug Enforcement Administration in Colombia, the Dominican Republic, and Puerto Rico. She also thanked the U.S. Office of International Affairs and the U.S. Marshals Service for their assistance with the case.
The government is represented by Assistant U.S. Attorney Lauren Repole of the Economic Crimes Unit in Newark and Assistant U.S. Attorney Francesca Liquori, Chief of the OCDETF Unit in Newark.
Justice Department Obtains $4.5 Million Settlement from New Jersey Landlord to Resolve Claims of Sexual Harassment of TenantsRead the Press Release
NEWARK – The Justice Department announced today that Joseph Centanni, a landlord who has owned hundreds of rental units in and around Elizabeth, New Jersey, has agreed to pay $4.5 million in monetary damages and a civil penalty to resolve a Fair Housing Act (FHA) lawsuit concerning his sexual harassment of tenants and housing applicants for more than 15 years. This settlement, which still must be approved by the United States District Court for the District of New Jersey, is the largest monetary settlement the Department has ever obtained in a case alleging sexual harassment in housing.
The FHA prohibits discrimination on the basis of sex, which includes sexual harassment and discrimination on the basis of sexual orientation and gender identity. Centanni focused his harassment on women and gay or bisexual men. The monetary damages awarded under the proposed consent decree will compensate the many women and men who were sexually harassed by Centanni.
“The need for housing is a basic human need,” Acting U.S. Attorney Rachael A. Honig of the District of New Jersey said. “Joseph Centanni exploited that need, and the important federal programs that attempt to meet it, by threatening to deny his victims a roof over their heads if they did not submit to his demands for sexual acts. This landmark settlement demonstrates our unyielding commitment to combat sexual harassment in housing and to ensure that no one is subject to discrimination because of their sex, including based on their sexual orientation or gender identity.”
“This lawsuit and settlement send a clear message that the Department will not stand for landlords who ruthlessly abuse their power to prey on vulnerable members of our society,” Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division said. “Having recently marked the fourth anniversary of the launch of the Department’s Sexual Harassment in Housing Initiative, we stand as committed as ever to aggressively pursue those who engage in this abhorrent conduct.”
“No one deserves to be victimized and preyed upon in their own home,” Department of Housing and Urban Development Inspector General Rae Oliver Davis said. “HUD OIG is committed to investigating with our law enforcement partners to pursue predatory landlords and hold them accountable for this egregious behavior and seek relief for victims.”
The United States’ lawsuit alleged that Centanni’s harassment spanned a period of at least 15 years. According to the complaint, Centanni demanded sexual favors like oral sex, to get or keep housing; offered housing benefits, such as reduced rent in exchange for sexual favors; touched tenants and applicants in a way that was sexual and unwelcome; and made unwelcome sexual comments and advances to tenants and applicants. The complaint also alleged that Centanni initiated or threatened to initiate eviction actions against tenants who objected to or refused his sexual advances. According to the complaint, Centanni participates in the federal Housing Choice Voucher Program (also known as Section 8) and receives approximately $102,000 each month in Housing Choice Voucher payments.
Under the terms of the proposed consent decree, Centanni will pay $4.39 million in monetary damages to tenants and prospective tenants harmed by his harassment, through a process established in the consent decree. Individuals who believe that they were subjected to sexual harassment by Centanni should contact the Housing Discrimination Tip Line toll free, at 1-833-591-0291, and select option number one to leave a message. Individuals can also contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339. Individuals may also e-mail the Justice Department at fairhousing@usdoj.gov, or submit a report online.
The proposed consent decree reflects that Centanni has sold all of his residential rental properties. Under the terms of the settlement, he is permanently enjoined from owning and managing residential rental properties in the future. Centanni will be required to dismiss housing court judgments obtained in proceedings deemed to be retaliatory and take steps to repair the credit of any affected tenants. He must also pay a $107,050 civil penalty to the United States, the maximum civil penalty allowed under the FHA.
There are separate, ongoing, criminal prosecutions against Centanni brought by the Office of the Union County, New Jersey, Prosecutor. To date, that office has charged Centanni with coercing 20 tenants into sexual acts in exchange for financial relief. Centanni is charged with 13 counts of second-degree sexual assault, one count of second-degree attempted sexual assault, and 21 counts of fourth-degree criminal sexual contact. Individuals may learn more about the criminal prosecution at https://ucnj.org/prosecutor/press-releases/prosecutor/2021/07/01/elizabeth-landlord-charged-with-sexual-crimes-against-7-additional-tenants-bringing-total-to-20/. Individuals with information about Centanni may reach the Union County Prosecutor’s Office by contacting Detective Joanne Son at (908) 477-1698.
Acting U.S. Attorney Honig and Assistant Attorney General Clarke credit the special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi, for their partnership in this matter.
The Justice Department launched its Sexual Harassment in Housing Initiative in October 2017. The Department’s Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the Initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the Initiative, the Department of Justice has filed 23 lawsuits alleging sexual harassment in housing and recovered over $9.5 million for victims of such harassment.
If you think you are a victim of sexual harassment by a landlord, or other forms of housing discrimination, you may contact the Justice Department by submitting a report online or contacting the United States Attorney’s Office for the District of New Jersey at (855) 281-3339 or by filing a complaint online.
Reports also may be made by contacting the U.S. Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.
The United States is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the Civil Rights Unit; Assistant U.S. Attorney Susan Millenky, Civil Rights Unit; Trial Attorney Erin Meehan Richmond, Sexual Harassment Counsel and Coordinator of the Civil Rights Division’s Housing and Civil Enforcement Section; and Katie Legomsky, Trial Attorney, Housing and Civil Enforcement Section.
Cumberland County Attorney Sentenced to 14 Months in Prison for Tax EvasionRead the Press Release
CAMDEN, N.J. – A Cumberland County, New Jersey-based attorney was sentenced today to 14 months in prison for evading more than $250,000 in federal taxes on income generated from his law firm, Acting U.S. Attorney Rachael A. Honig announced.
Douglas M. Long, 55, of Upper Deerfield, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge Noel. L Hillman to an information charging him with one count of federal income tax evasion. Judge Hillman imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
From 2012 through 2015, Long, managing partner of the Woodbury, New Jersey, law firm Long & Marmero LLP, exercised primary control over the firm’s finances and supervised the firm’s bookkeeper. Many of Long’s personal expenses, including school tuition for his children, utilities and service fees for his personal residences, student loan payments for Long and his spouse, and other expenses, repeatedly were paid out of the law firm’s bank accounts. Long directed the bookkeeper to falsely classify these payments as law firm business expenses to avoid his tax obligations. He also falsely declared, under penalty of perjury, that his personal tax returns for tax years 2012 through 2015 were true and accurate when they were not. Long ultimately concealed over $800,000 in personal income and evaded payment of over $250,000 in taxes owed to the IRS during tax years 2012 through 2015, including $368,000 in income and $120,000 in taxes for tax year 2014.
In addition to the prison term, Judge Hillman sentenced Long to three years of supervised release, fined him $10,000 and ordered him to pay restitution of $269,736.
Acting U.S. Attorney Honig credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez , and special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Bruce P. Keller of Special Prosecutions Division in Newark.
Camden County Man Sentenced to 10 Years in Prison for Role in Drug Trafficking OrganizationRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man was sentenced today to 120 months in prison for conspiring to distribute heroin in the city of Camden, Acting U.S. Attorney Rachael A. Honig announced.
Jose Agron, 28, of Oaklyn, New Jersey, previously pleaded guilty before U.S. District Judge Renée Marie Bumb to an indictment charging him with conspiracy to distribute one kilogram or more of heroin. Judge Bumb imposed the sentence today in Camden federal court.
During his sentencing hearing, Agron agreed that the amount of heroin jointly attributable to him, as a member of the conspiracy, was one to three kilograms. He also acknowledged his role, as a member of the conspiracy, with respect to the distribution of cocaine and cocaine base.
According to documents filed in this case and statements made in court:
A total of nineteen defendants were arrested in late 2018 on drug-trafficking charges based on the FBI’s investigation of a drug-trafficking organization that ran the open-air narcotics trade on the 400-500 block of Pine Street in Camden for several months in 2018. The investigation used various investigative tactics including video surveillance, confidential informants, consensual recordings, controlled drug purchases, and several court-authorized wiretaps to uncover the inner workings of the drug-trafficking organization. The organization included street-level sellers like Agron, who worked various shifts selling drugs to customers and collecting drug proceeds. These street-level sellers were supervised by different layers of managers who, in turn, supplied the drug set with pre-packaged heroin, some of which was mixed with fentanyl, as well as cocaine and crack cocaine. The FBI and other law enforcement officers recovered multiple firearms from different locations connected to the drug organization at the time of the 2018 arrests.
Seventeen of these defendants already have entered guilty pleas on drug conspiracy charges. Two defendants are awaiting trial, on a date to be set by the Court. The charges and allegations against those two defendants are merely accusations, and they are presumed innocent unless and until proven guilty.
In addition to the prison term, Judge Bumb sentenced Agron to five years of supervised release.
Acting U.S. Attorney Rachael A. Honig credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Jacqueline Maguire; the Camden County Police Department, under the direction of Chief Gabriel Rodriguez; the Camden County Prosecutor’s Office, under the direction of Acting Camden County Prosecutor Grace C. MacAulay; the Camden County Sherriff’s Department, under the direction of Sheriff Gilbert L. Wilson; the Cherry Hill Police Department, under the direction of Acting Chief of Police Larry Robb; and the N.J. State Police, under the direction of Colonel Patrick J. Callahan, with the investigation leading to today’s sentencing. She also thanked the Drug Enforcement Administration, the U.S. Marshals Service, and the Department of Homeland Security for their assistance.
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.
The government is represented by Assistant U.S. Attorneys Sara Aliabadi and Patrick C. Askin of the U. S. Attorney’s Office Criminal Division in Camden.
Loan Officer Admits Participation in Large-Scale Mortgage Fraud SchemeRead the Press Release
NEWARK, N.J. – A loan officer for a mortgage company today admitted his role in a long-running, large-scale mortgage fraud scheme, Acting U.S. Attorney Rachael A. Honig announced.
Isaac DePaula, 41, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to Count 1 of an indictment charging him with conspiracy to commit bank fraud. DePaula was a long-time fugitive who was charged by criminal complaint in 2012 and by indictment in 2016. He returned to the United States in March 2020 to face the charges in the indictment.
According to the documents filed in this and other cases and statements made in court:
From September 2006 to September 2010, DePaula and his conspirators engaged in a long-running, large-scale mortgage fraud conspiracy through a mortgage company called Premier Mortgage Services (PMS). The conspirators targeted properties in low-income areas of New Jersey. After recruiting straw buyers, the defendants used a variety of fraudulent documents to make it appear as though the straw buyers possessed far more assets, and earned far more income, than they actually did. The defendants then submitted these fraudulent documents as part of mortgage loan applications to financial institutions. Relying on these fraudulent documents, financial institutions provided mortgage loans for the subject properties.
The defendants then split the proceeds from the mortgages among themselves and others by using fraudulent settlement statements (HUD-1s), which hid the true sources and destinations of the mortgage funds provided by financial institutions. The defendants made false representations and provided fraudulent documents when, in fact, the straw buyers had no means of paying the mortgages on the subject properties, many of which entered into foreclosure proceedings.
The defendants played different roles in the scheme, and others charged and convicted included a part owner of PMS, an attorney who aided the fraud by performing closings on many of the subject properties, an accountant who created false documents, the owner of a real estate development company, several loan officers, and a paralegal for another attorney who also closed fraudulent transactions.
DePaula was a loan officer at PMS and recruited straw buyers, provided false and fraudulent documents to the straw buyers, and incorporated false and fraudulent documents into loan applications to induce financial institutions to fund mortgage loans. The loan officers profited illegally by receiving a commission from PMS for each mortgage loan that they closed, and also profited illegally by diverting portions of the fraudulently obtained mortgage proceeds for themselves, often via shell corporations or nominee bank accounts.
The offense to which DePaula pleaded guilty carries a maximum potential penalty of 30 years in prison and a maximum fine of $1 million. Sentencing is scheduled for April 19, 2022.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; and special agents of the Federal Housing Finance Agency - Office of the Inspector General, under the direction of Special Agent in Charge Robert W. Manchak, with the investigation leading to today’s guilty plea.
The government is represented by Acting Principal Assistant U.S. Attorney Rahul Agarwal.
Hudson County Man Sentenced to 86 Months in Prison on Drug Distribution ChargesRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, man was sentenced today to 86 months in prison for possessing with intent to distribute heroin, cocaine and cocaine base, Acting U.S. Attorney Rachael A. Honig announced.
Hason Armfield, 43, of Jersey City, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge Kevin McNulty to an indictment charging him with possessing with intent to distribute heroin, cocaine and cocaine base. Judge McNulty imposed the sentence by videoconference today.
According to documents filed in this case and statements made in court:
Armfield’s residence was searched as part of an investigation by the Drug Enforcement Administration (DEA) and the Jersey City Police Department. Law enforcement officers found heroin, cocaine, cocaine base, drug paraphernalia, and U.S. currency.
In addition to the prison term, Judge McNulty sentenced Armfield to three years of supervised release.
Acting U.S. Attorney Honig credited agents and task force officers of the DEA, under the direction of Special Agent in Charge Susan A. Gibson in Newark, and members of the Jersey City Police Department, under the direction of Public Safety Director James Shea, with the investigation leading to today’s sentencing.
This investigation was conducted as part of the Jersey City Violent Crime Initiative (VCI). The VCI was formed in 2018 by the U.S. Attorney’s Office for the District of New Jersey, the Hudson County Prosecutor’s Office, and the Jersey City Police Department, for the sole purpose of combatting violent crime in and around Jersey City. As part of this partnership, federal, state, county, and city agencies collaborate to strategize and prioritize the prosecution of violent offenders who endanger the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the Drug Enforcement Administration’s (DEA) New Jersey Division, the U.S. Marshals, the Jersey City Police Department, the Hudson County Prosecutor’s Office, the Hudson County Sheriff’s Office, New Jersey State Parole Board, the Hudson County Jail, and the New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center.
The government is represented by Assistant U.S. Attorney Tracey Agnew of the Organized Crime and Gangs Unit in the U.S. Attorney’s Office in Newark.
Amtrak Employee Admits Defrauding Amtrak of More Than $76,000 Worth of Chainsaws and Chainsaw PartsRead the Press Release
NEWARK, N.J. – An Ocean County, New Jersey man today admitted to fraudulently obtaining chainsaws and chainsaw parts from his employer Amtrak and then selling this equipment for personal profit, Acting U.S. Attorney Rachael A. Honig announced.
Jose Rodriguez, 49, of Brick, New Jersey, pleaded guilty by videoconference before U.S. District Judge Zahid N. Quraishi to an information charging him with one count of mail fraud. Rodriguez was previously charged by complaint in March 2021 with one count of theft from an agency receiving federal funds and one count of theft of government property.
According to documents filed in this case and statements made in court:
Rodriguez had been an Amtrak employee since October 2007, most recently as a senior engineer and repairman, based out of an Amtrak facility in North Brunswick, New Jersey. Between March 2012 and July 2020, Rodriguez obtained 114 chainsaws, 122 chainsaw replacement bars, and 222 replacement chains from Amtrak, the total value of which was over $76,000, under the false pretense that this equipment would be used for Amtrak projects, but then sold the equipment either on an online auction service or directly to purchasers. Rodriguez used the U.S. Postal Service to mail the stolen chainsaw and chainsaw parts to purchasers throughout the United States, including purchasers in Ohio, Pennsylvania, and West Virginia.
The mail fraud charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for April 19, 2022.
Acting U.S. Attorney Honig credited detectives from Amtrak Police New York Division and Mid-Atlantic Division, under the direction of Chief Sam Dotson, and special agents from Amtrak Office of Inspector General, under the direction of Special Agent in Charge Michael J. Waters, Eastern Field Office, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Leslie Faye Schwartz in the Special Prosecutions Division and Cari Fais, Chief of the Criminal Division’s Opioids Unit.
Two Men Admit Roles in Drug Trafficking OrganizationRead the Press Release
NEWARK, N.J. – Two Newark men have admitted their roles in a drug trafficking conspiracy based in Newark, Acting U.S. Attorney Rachael A. Honig announced today.
Rahim Jackson pleaded guilty by videoconference today before U.S. District Judge Brian R. Martinotti to an indictment charging him with conspiracy to distribute heroin. Arthur Hardy pleaded guilty on Dec. 9, 2021, before Judge Martinotti in Newark federal court, to an information charging him with conspiracy to distribute heroin and possession of heroin.
According to the documents filed in this case and statements made in court:
The G-Shine set of the Bloods street gang operate at the Broadway Townhomes in Newark, in a residential neighborhood a short distance from two elementary schools and a high school. The organization’s leaders obtained their supply of narcotics, including heroin and fentanyl, from Jackson and Hardy, who delivered the narcotics either personally or through drug runners. The investigation revealed that, on numerous occasions, large narcotics deliveries took place in or around the Rotunda Recreation and Wellness Center on Clifton Avenue, where Jackson was employed and where Hardy was the director. These individuals also used the Rotunda Recreation and Wellness Center to stash narcotics and narcotics proceeds.
The count to which Jackson pleaded guilty is punishable by a minimum of 10 years in prison and a maximum of life in prison. The counts to which Hardy pleaded guilty are punishable by a minimum of five years in prison and a maximum of 40 years in prison. Jackson’s sentencing is scheduled for April 18, 2022, and Hardy’s sentencing is scheduled for April 14, 2022.
Acting U.S. Attorney Honig credited special agents of Drug Enforcement Administration (DEA), under the direction of Special Agent in Charge Susan A. Gibson in Newark; members of the Newark Department of Public Safety, under the direction of Director Brian O’Hara; and the New Jersey State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to the guilty pleas.
She also thanked the Essex County Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura, the Essex County Prosecutor’s Office, under the direction of Prosecutor Theodore N. Stephens II, the Rockaway Township Police Department, under the direction of Chief Martin McParland, and special agents from the ATF, under the direction of Special Agent in Charge Jeffrey L. Matthews in Newark.
The Broadway Townhomes investigation was 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 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.
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.
The government is represented by Assistant U.S. Attorney Kendall Randolph of the U.S. Attorney’s Office’s OCDETF Unit in Newark and Assistant U.S. Attorney Heather Suchorsky of the Economic Crimes Unit.
Three Individuals Charged with Stealing Unemployment BenefitsRead the Press Release
NEWARK, N.J. – A Middlesex County, New Jersey, man and woman and a New York man were arrested today and charged for their alleged roles in a fraud committed in connection with unemployment insurance benefits, Acting U.S. Attorney Rachael A. Honig announced.
Christopher Valerio, 31, of Woodbridge, New Jersey, Yanira Abreu, 40, of Keasbey, New Jersey, and Jose Tavares, 34, of New York, New York, are each charged by complaint with one count of conspiracy to commit wire fraud. All three defendants are scheduled to appear by videoconference this afternoon before U.S. Magistrate District Judge Michael A. Hammer.
According to documents filed in this case and statements made in court:
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law. The CARES Act created a new temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA), which provides unemployment benefits for individuals who are not eligible for other types of unemployment, such as self-employed workers or independent contractors. The CARES Act also created a new temporary federal program called Federal Pandemic Unemployment Assistance that provided an additional weekly benefit to those eligible for PUA and regular unemployment benefits.
From July 2020 through February 2021, the defendants and others fraudulently applied for unemployment insurance benefits from the New York Department of Labor (NYDOL) by unlawfully utilizing the personal identifying information of at least a dozen victims, including the victims’ names, and Social Security numbers. Fictitious user profiles that the defendants created included mailing addresses that ostensibly belonged to the victims, but in fact were controlled by the defendants and others. Once the NYDOL processed and approved the fraudulent applications, a financial institution transferred the benefit funds to debit cards in the names associated with the fictitious user profiles and sent the debit cards to the addresses associated with the defendants. The defendants withdrew funds using the cards at various ATM locations throughout New Jersey and New York.
The wire fraud conspiracy charge carries a maximum potential penalty of 20 years in prison and a fine of $250,000 or twice the gross profits or twice the gross loss suffered by the victims of his offense, whichever is greatest.
Acting U.S. Attorney Honig credited special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark; special agents of the U.S. Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Jonathan Mellone; and postal inspectors of the U.S. Postal Inspection Service, New Jersey Division, under the direction of Acting Postal Inspector in Charge Raimundo Marrero, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys Olajide A. Araromi and Fatime Cano of the Government Fraud 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.
Four People Indicted in International Telemedicine Health Care Fraud Kickback SchemeRead the Press Release
NEWARK, N.J. – Four people, including a licensed physician, have been charged for their roles in an international telemedicine health care fraud and kickback scheme involving compound medications and durable medical equipment, Acting U.S. Attorney Rachael A. Honig announced today.
David Woroboff, 59, of Del Rey, California; George Willard, 53, of Brooklyn, Michigan; Randall Mills, 61, of Plano, Texas; and Dr. Le Thu, 66, of South Bridge, Massachusetts, are each charged by indictment with one count of conspiracy to commit health care fraud and one count of conspiracy to violate the federal Anti-Kickback Statute.
According to the indictment:
Woroboff, Willard, and Mills were high-level employees of a telemedicine company. Beginning in May 2014, the defendants and their conspirators began to use the telemedicine company to generate a high volume of prescriptions for compounded medications and, later, durable medical equipment (DME), without regard to medical necessity and through the payment of kickbacks. The defendants agreed and arranged for health care providers associated with the telemedicine company to write prescriptions for compounded medications and DME without the establishment of any provider-patient relationship, in exchange for kickbacks, and in violation of certain state telemedicine laws. Woroboff, Willard, and Mills agreed to pay Thu approximately $35 per prescription. Thu wrote prescriptions without speaking to patients in exchange for those payments.
In order to encourage providers to write prescriptions without establishing a provider-patient relationship, Woroboff and Mills falsely informed providers that “nurses” had already consulted with the patients, taken their medical histories, and determined that compounded medication or DME was medically appropriate. In reality, the “nurses” were located in the Philippines, were not registered to practice medicine in the United States, and generally had not spoken with the patients. Rather, representatives of marketing companies provided patient information to the telemedicine company and paid the telemedicine company to generate prescriptions for compounded medications and DME. Woroboff and Willard also took additional steps to conceal their scheme, including the use of fake phone numbers and addresses for the health care providers.
The defendants caused losses to TRICARE, Medicare, and private health insurance companies of approximately $37 million.
The charge of conspiracy to commit health care fraud is punishable by a maximum potential penalty of 10 years in prison. The charge of conspiracy to violate the federal Anti-Kickback Statute is punishable by a maximum potential penalty of five years in prison. The maximum fine for each count is $250,000, or twice the gross profit or loss caused by the offense, whichever is greatest.
Acting U.S. Attorney Honig credited the U.S. Attorney’s Office, Middle District of Tennessee, under the direction of Acting U.S. Attorney Mark H. Wildasin; special agents of the Office of the Inspector General, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Patrick J. Hegarty; special agents of the FBI, under the direction of Special Agent in Charge Johnnie Sharp, in Birmingham, Alabama; special agents of the U.S Office of Personnel Management, Office of the Inspector General, under the direction of Special Agent in Charge Amy Parker; special agents of the U.S Department of Labor, Office of the Inspector General, under the direction of Special Agent in Charge Rafiq Ahmad; investigators of the U.S. Department of Labor-Employee Benefits Security Administration, under the direction of Regional Director Isabel Culver; and special agents of the Tennessee Valley Authority, Office of the Inspector General, under the direction of Special Agent in Charge Meagan Sands, with the investigation leading to the indictment.
The government is represented by Assistant U.S. Attorneys Sean M. Sherman and Emma Spiro of the Opioid Abuse Prevention & Enforcement Unit.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Camden Woman Sentenced to 51 Months in Prison for Role in Drug Trafficking OrganizationRead the Press Release
CAMDEN, N.J. B A Camden woman was sentenced today to 51 months in prison for conspiring to distribute heroin in the City of Camden.
Elisa Rivera, 31, previously pleaded guilty before U.S. District Judge Renée Marie Bumb in Camden federal court to an information charging her with one count of conspiracy to distribute heroin within 1,000 feet of a school. During her sentencing hearing, Rivera agreed that the amount of heroin jointly attributable to her, as a member of the conspiracy, was three to 10 kilograms. She also acknowledged her role, as a member of the conspiracy, with respect to the distribution of cocaine and cocaine base.
According to documents filed in this case and statements made in court:
A total of 19 defendants were arrested in late 2018 on drug-trafficking charges based on the FBI’s investigation of a drug-trafficking organization that ran the open-air narcotics trade on the 400-500 block of Pine Street in Camden for several months in 2018. The investigation used video surveillance, confidential informants, consensual recordings, controlled drug purchases, and several court-authorized wiretaps to uncover the inner workings of the drug-trafficking organization. The organization included street-level sellers like Rivera, who worked various shifts selling drugs to customers and collecting drug proceeds. These sellers were supervised by different layers of managers who, in turn, supplied them with pre-packaged heroin, some of which was mixed with fentanyl, as well as cocaine and crack cocaine. The FBI and other law enforcement officers recovered multiple firearms from different locations connected to the drug organization at the time of the 2018 arrests.
Seventeen already have entered guilty pleas on drug conspiracy charges. Three defendants are awaiting trial; the charges against them are merely accusations, and they are presumed innocent unless and until proven guilty.
In addition to the prison term, Judge Bumb sentenced Rivera to six years of supervised release.
Acting U.S. Attorney Honig credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Jacqueline Maguire; the Camden County Police Department, under the direction of Chief Gabriel Rodriguez; the Camden County Prosecutor’s Office, under the direction of Acting Prosecutor Grace C. MacAulay; the Camden County Sherriff’s Department, under the direction of Sheriff Gilbert L. Wilson; the Cherry Hill Police Department, under the direction of Chief William P. Monaghan; and the N.J. State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to today’s sentencing. She also thanked the Drug Enforcement Administration, the U.S. Marshals Service, and the Department of Homeland Security for their assistance.
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.
The government is represented by Assistant U.S. Attorneys Sara Aliabadi and Patrick C. Askin of the U. S. Attorney’s Office Criminal Division in Camden.
Camden County Woman Convicted in Stolen Identity Refund Fraud SchemeRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, woman was found guilty for her role in an extensive scheme to obtain money through fraudulently obtained refund checks issued by the U.S. Treasury, Acting U.S. Attorney Rachael A. Honig announced today.
Awilda Henriquez, 35, of Clementon, New Jersey, was convicted on Dec. 9, 2021, of one count of conspiracy to defraud the United States government and steal United States mail, 13 counts of theft of government money, and 13 counts of aggravated identity theft, following a 10-day trial before Senior U.S. District Judge Robert B. Kugler.
According to documents filed in this case and the evidence at trial:
Stolen Identity Refund Fraud (SIRF) is a common type of fraud committed against the United States government that involves the use of stolen identities to commit tax refund fraud. SIRF schemes generally share a number of hallmarks. Perpetrators obtain personal identifying information, including Social Security numbers and dates of birth, from unwitting individuals, who often reside in the Commonwealth of Puerto Rico. They then complete Form 1040 tax returns using the fraudulently obtained information, and they falsify wages earned, taxes withheld, and other data, to always ensure that the fraudulent tax returns generate a refund. They direct the U.S. Treasury Department to mail refund checks to locations that the perpetrators control or can access. With the fraudulently obtained refund checks in hand, SIRF perpetrators generate cash proceeds by depositing the checks into bank accounts that they control or cashing the checks at check cashing businesses.
The investigation revealed that for the 2013 tax year more than 3,300 SIRF tax returns were filed using the names and Social Security numbers of residents of Puerto Rico and the refunds were directed to be mailed to a small section of Pennsauken, New Jersey. Of the 3,300 returns filed, several of the refund checks were issued and ultimately cashed at check cashing agencies in New Jersey, Philadelphia, and New York using fraudulent identifications, including fake New Jersey driver's licenses, fake Social Security cards, and fake Department of Homeland Security Permanent Resident Identification cards.
On March 28, 2018, a Camden grand jury returned an indictment against Henriquez and her conspirators, Alberto Sanchez, Jorge Gutierrez, and Roque Bisono. Henriquez, Sanchez, Gutierrez and Bisono, and their conspirators, obtained stolen identities of residents of Puerto Rico and used them to file fraudulent income tax returns seeking federal tax refunds to which they were not entitled. The conspirators recruited mail carriers from the U.S. Postal Service as part of the scheme to steal the tax refund checks from the mail. The mail carriers were paid for every U.S Treasury check that was stolen. Henriquez and her conspirators recruited and paid “check couriers” to cash the tax refund checks in a variety of ways, including at check cashing businesses in New Jersey, where Henriquez paid the tellers to also participate in the scheme. The check couriers presented fraudulent identifications at the check cashing businesses matching the names on the tax refund checks in order to cash the checks, which the tellers cashed because they were paid by Henriquez to do so. In total, the scheme caused $565,091 in losses to the U.S. Treasury.
Sanchez pleaded guilty on Aug. 28, 2019, to two counts of theft of government funds, two counts of aggravated identity theft, and one count of witness tampering and was sentenced by Judge Kugler on Dec. 13, 2019, to 45 months in prison. Gutierrez pleaded guilty on Oct. 27, 2021, to conspiracy to defraud the United States, and is scheduled to be sentenced on March 1, 2022. Bisono pleaded guilty to conspiracy to defraud the United States, theft of government funds, aggravated identity theft, and false statements on November 7, 2018, and sentencing is set for March 21, 2022. The sentencing of other conspirators remains pending.
The conspiracy to defraud the United States government count carries a maximum potential penalty of five years in prison. The counts of theft of government funds are punishable by a maximum potential penalty of 10 years in prison. The counts of aggravated identity theft are punishable by a statutory mandatory prison sentence of two years that must be served consecutively to any term of imprisonment imposed for the violation of any other count. All the counts are also punishable by a fine of up to $250,000, or twice the gain or loss caused by the offense, whichever is greatest. Henriquez’s sentencing is scheduled for April 12, 2022.
Acting U.S. Attorney Honig credited special agents of the IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark and Acting Special Agent in Charge Yury Kruty in Philadelphia; and special agents of the U.S. Postal Service Office of Inspector General, Northeast Area Field Office, under the direction of Special Agent in Charge Matthew Modafferi. She also thanked the U.S. Postal Inspection Service for its assistance with the investigation leading to today’s conviction.
The government is represented by Senior Trial Counsel Jason M. Richardson and Assistant U.S. Attorney Christina O. Hud of the Criminal Division.
Camden County Man Sentenced to 27 Months in Prison for Trafficking in Oxycodone PillsRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man was sentenced today to 27 months in prison for conspiring to distribute oxycodone pills in connection with his role in a drug trafficking ring, Acting U.S. Attorney Rachael A. Honig announced.
Anwar Abdulah, 33, of Pennsauken, previously pleaded guilty by videoconference before U.S. District Judge Renée Marie Bumb to an information charging him with conspiring to distribute and possess with intent to distribute oxycodone and distributing and possessing with intent to distribute quantities of oxycodone. Judge Bumb imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
Abdullah admitted that on multiple occasions from January 2020 to March 10, 2020, he obtained oxycodone from Erick Bell in and around Camden and resold that oxycodone. For example, Abdullah admitted that, on Feb. 21, 2020, he provided $1,440 to Bell so that Bell could purchase 120 15 mg oxycodone pills from another individual. Bell then provided Abdullah with the oxycodone pills that Bell bought using Abdullah’s money, and Abdullah resold the pills to others. Oxycodone is a Schedule II controlled substance, meaning that it has a high potential for abuse, a currently accepted medical use with severe restrictions, and abuse of the drug may lead to severe psychological or physical dependence.
In addition to the prison term, Judge Bumb sentenced Abdullah to three years of supervised release.
Bell previously pleaded guilty and is scheduled to be sentenced Feb. 4, 2022.
Acting U.S. Attorney Honig credited special agents of the FBI Philadelphia Division, South Jersey Resident Agency, under the direction of Special Agent in Charge Jacqueline Maguire; the U.S. Department of Health and Human Services-Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; the Camden County Sheriff's Office, under the direction of Sheriff Gilbert L. Wilson; the New Jersey Office of Homeland Security and Preparedness, under the direction of Acting Director Laurie R. Doran; the Camden County Police Department, under the direction of Chief Gabriel Rodriguez; and the U.S. Department of Agriculture-Office of Inspector General, under the direction of Special Agent in Charge Bethanne M. Dinkins, with the investigation leading to the charges. She also thanked the FBI Newark Division, New Jersey State Police, Camden County Prosecutor’s Office, and U.S. Drug Enforcement Administration for their assistance.
The government is represented by Assistant U.S. Attorney Sara F. Merin of the Newark Office.
Paterson Felon Sentenced to 57 Months in Prison for Trafficking and Unlawfully Possessing 16 FirearmsRead the Press Release
NEWARK, N.J. – A Paterson man with prior felony convictions was sentenced today to 57 months in prison for illegally transporting and selling 16 firearms for over $8,000 on four occasions beginning in July 2019, Acting U.S. Attorney Rachael A. Honig announced.
Floyd Henry, aka “HK,” 36, pleaded guilty by videoconference before U.S. District Judge Katharine S. Hayden to an information charging him with one count of illegally engaging in the business of dealing in firearms and four counts of possession of firearms and ammunition by a convicted felon.
According to documents filed in this case and statements made in court:
From July 15, 2019, through Sept. 25, 2019, Henry engaged in the business of dealing firearms, while not being a federally licensed importer, licensed manufacturer, or licensed dealer. On four occasions, in Passaic County, Henry sold or attempted to sell a total of 16 firearms, including two semi-automatic rifles, three revolvers, and 11 semi-automatic pistols, as well as over 100 rounds of ammunition, in exchange for over $8,000. Henry had purchased or obtained the firearms and ammunition in other states, transported them to New Jersey, and sold them to an individual in Passaic County.
In addition to the prison term, Judge Hayden sentenced Henry to three years of supervised release.
Acting U.S. Attorney Honig credited Special Agents of the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent in Charge Jeffrey L. Matthews in Newark; officers with the Passaic County Sherriff’s Office, under the direction of Sheriff Richard H. Berdnik; the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes; and the New Jersey State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to today’s arrest and charges.
The government is represented by Assistant U.S. Attorney Christopher D. Amore of the U.S. Attorney’s National Security Unit in Newark.
Middlesex Man Sentenced to 30 Months in Prison for Paycheck Protection Program Fraud Scheme and Obtaining Funds from Stolen and Altered U.S. Treasury CheckRead the Press Release
TRENTON, N.J. – A Middlesex County, New Jersey, man was sentenced today to 30 months in prison for fraudulently receiving Payment Protection Program (PPP) funds and depositing a stolen and altered U.S. Treasury check, Acting U.S. Attorney Rachael A. Honig announced today.
Bernard Lopez, 40, previously pleaded guilty by videoconference before U.S. District Judge Peter G. Sheridan to an information charging him with one count each of bank fraud and theft of government funds. Judge Sheridan imposed the sentence today by videoconference.
According to the documents filed in this case and statements made in court:
Lopez devised a scheme to commit bank fraud through which a stolen and altered U.S. Treasury check was deposited into a corporate bank account Lopez created in the name of Pezlo Management LLC. The check was altered to be made payable to Pezlo in the amount of $211,886 and was then deposited into Pezlo’s corporate bank account. Lopez later withdrew or transferred the stolen proceeds from Pezlo’s bank account before the bank could detect the fraud.
On June 24, 2020, Lopez caused to be submitted a fraudulent PPP loan application to a lender on behalf of Company-1, a purported business that Lopez controlled. The Small Business Administration oversees the PPP, which is designed to provide forgivable loans to small businesses affected by the coronavirus pandemic. Applicants for PPP loans apply directly to banks or financial institutions participating in the program; in those applications, applicants make affirmative certifications about their average monthly payroll expenses and number of employees. Applicants also certify their intent to spend PPP proceeds on permissible business expenses, such as payroll costs, rent, utilities, and interest on mortgages. PPP loans may be entirely forgiven if the recipient spends the loan proceeds on these permissible expenses within a designated period after receiving the proceeds.
Lopez’s PPP application falsely represented that Company-1 employed 25 employees, had a monthly payroll expense of approximately $192,000, and had mortgage/lease and utilities expenses. Company-1 did not, in fact, employ any employees, nor did it incur payroll or utility expenses. Based on Lopez’s misrepresentations, the lender approved Lopez’s PPP loan application and provided Lopez’s purported business with $481,502 in federal COVID-19 emergency relief funds meant for distressed small businesses. Lopez then converted a portion of the proceeds for his own use.
In addition to the prison term, Judge Sheridan sentenced Lopez to three years of supervised release and ordered restitution of $137,000 and forfeiture of $481,502.
Acting U.S. Attorney Honig credited special agents and task force officers of the U.S. Department of the Treasury-OIG, under the direction of Assistant Inspector General for Investigations Sally D. Luttrell, and special agents and task force officers of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark, with the investigation leading to today's sentencing. She also thanked special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark, and special agents of the Federal Deposit Insurance Corporation Office of Inspector General, under the direction of Special Agent in Charge Patricia Tarasca for assistance.
The government is represented by Assistant U.S. Attorney Perry Farhat of the Government Fraud Unit of the U.S. Attorney’s Office’s Criminal Division in Newark.
Justice Department Awards More Than $17.5 Million to Support Project Safe NeighborhoodsRead the Press Release
NEWARK, N.J. – The Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core. The Rosamons Gifford Charitable Corporation was awarded $331,859 to administer PSN grant funds in the District of New Jersey.
The Bureau of Justice Assistance (BJA), part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices.
“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” Deputy Attorney General Lisa O. Monaco said. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”
“Financial support like this from the Department of Justice fosters cooperation among federal, state and local law enforcement, as we work together to protect the people of New Jersey,” Acting U.S. Attorney Rachael A. Honig said. “These awards provide substantial resources to support important public safety initiatives.”
Grant funds will provide resources and training for law enforcement and prosecutors to combat violent crime and make their communities safer through a comprehensive approach to public safety that joins targeted enforcement with community engagement, prevention, research, and reentry efforts. With approval from BJA, the fiscal agent will begin the process of making subawards for PSN grant projects.
“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” Principal Deputy Assistant Attorney General Amy L. Solomon for OJP said. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”
In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.
For a list of all grantees, please visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FY21-Project-Safe-Neighborhoods-Awards.pdf
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Camden County Man Admits Possessing Child PornographyRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man with a prior child exploitation conviction admitted possessing child pornography, Acting U.S. Attorney Rachael A. Honig announced today.
James Tierney, 56, of Cherry Hill, New Jersey, pleaded guilty before U.S. Senior District Judge Robert B. Kugler in Camden federal court to one count of possession of child pornography.
According to documents filed in this case and statements made in court:
In August 2020, law enforcement agents executed a search warrant at Tierney’s residence after receiving information from the National Center for Missing and Exploited Children that an online cloud account accessed from Tierney’s residence had uploaded images of child sexual abuse. While executing the search warrant, agents recovered Tierney’s cell phone, which contained multiple videos and images of child sexual abuse. Tierney admitted to agents that he used the cell phone and cloud account for possessing images of child sexual abuse.
Tierney has a prior New Jersey state conviction for endangering the welfare of a child/distribution of child pornography. The count of possession of child pornography after a prior child exploitation conviction carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of 20 years in prison, and a maximum $250,000 fine. Sentencing is scheduled for April 12, 2022.
Acting U.S. Attorney Honig credited special agents of the Department of Homeland Security, Homeland Security Investigations, Cherry Hill Office, under the direction of Special Agent in Charge Jason J. Molina in Newark; the Camden County Prosecutor’s Office High Tech Crimes Unit, under the direction of Acting Prosecutor Grace C. MacAulay; and the New Jersey State Police, under the direction of Superintendent Patrick J. Callahan, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jeffrey B. Bender of the U.S. Attorney's Office Criminal Division in Camden.
Burlington County Man Sentenced to 42 Months in Prison for Role in $350,000 Fraud SchemeRead the Press Release
CAMDEN, N.J. – A Burlington County, New Jersey, man was sentenced today to 42 months in prison for stealing more than $350,000 from a special needs trust, Acting U.S. Attorney Rachael A. Honig announced.
Eugene Young, 70, of Mount Holly, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge Joseph H. Rodriguez to an information charging him with one count of wire fraud. Judge Rodriguez imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
A special needs trust was established to provide for the supplemental care, maintenance, support, and education of a disabled individual and, in December 2017, had more than $1 million in assets in two bank accounts. In December 2017, Young caused the trust’s trustee, a senior citizen, to execute a power of attorney appointing him as the trustee’s agent.
Young used the power of attorney to gain access to the trust’s bank accounts and, between December 2017 and June 2019, used a variety of means to divert funds from the trust. Young used a debit card associated with the bank accounts to make more than 650 purchases and approximately 200 ATM withdrawals. He also wrote checks from the accounts to himself, made other withdrawals from the accounts, and cashed portions of annuity checks that were the property of the trust. The funds were not used for the benefit of the trust’s beneficiary, as required by the terms of the trust, but rather for Young’s personal use. Young misappropriated more than $350,000 from the trust before his scheme was discovered.
In addition to the prison term, Judge Rodriguez sentenced Young to three years of supervised release and ordered to pay restitution of $359,560.
Acting U.S. Attorney Honig credited special agents of FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Special Agent in Charge Patrick J. Hegarty; and special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Daniel A. Friedman of the U.S. Attorney’s Office’s Criminal Division in Camden.
Burlington County Man Charged with Cell Phone SIM Swap SchemeRead the Press Release
NEWARK, N.J. – A Burlington County, New Jersey, man was arrested today for swapping cell phone customers’ Subscriber Identity Module (SIM) numbers into mobile devices controlled by an individual who was paying the defendant for the swaps, Acting U.S. Attorney Rachael A. Honig announced.
Jonathan Katz, 40, of Marlton, New Jersey, is charged by complaint with one count of gaining unauthorized access to a protected computer. He is scheduled to appear before U.S. Magistrate Judge Michael A. Hammer and was released on $100,000 unsecured bond.
According to documents filed in this case and statements made in court:
In May 2021, Katz, who was employed as a manager at a telecommunications store, used his managerial credentials to access several customer accounts and swapped the SIM numbers associated with the customers’ phone numbers into mobile devices controlled by another individual, enabling this other individual to control the customers’ phones and access the customers’ electronic accounts. This technique is often used to defeat accounts with two-factor authentication including but not limited to email, social media, and financial accounts.
In exchange for the swaps, Katz was paid in Bitcoin, which was traced back to Katz’s cryptocurrency account.
The charge of unauthorized access to a computer carries a statutory maximum of five years in prison and a fine of not more than $250,000 or twice the pecuniary gain to the defendant or twice the gross loss involved, whichever is greatest.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George Crouch Jr. in Newark, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Vera Varshavsky of the U.S. Attorney’s Cybercrimes Unit in Newark.
Bergen County Man Sentenced to 63 Months in Prison for Distributing and Conspiring to Distribute Crystal MethamphetamineRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man was sentenced today to 63 months in prison for distributing and conspiring to distribute 50 grams or more of actual methamphetamine, Acting U.S. Attorney Rachael A. Honig announced.
Henry Nieves, 45, of Rutherford, New Jersey, previously pleaded guilty before U.S. District Judge Katharine S. Hayden to an information charging him with one count of conspiracy to distribute and possess with the intent to distribute 50 grams or more of actual methamphetamine and one count of distributing and possessing with the intent to distribute 50 grams or more of methamphetamine. Judge Hayden imposed the sentence today by videoconference.
According to documents filed in these cases and statements made in court:
In September 2019, Nieves distributed and conspired with others to distribute and possess with intent to distribute crystal methamphetamine in New Jersey. In September 2019, law enforcement officers conducted a controlled purchase of methamphetamine from Nieves. Subsequent laboratory testing showed that the substance contained 55.9 grams of pure methamphetamine. This high purity indicates that Nieves distributed crystal methamphetamine, or “ice,” which is a particularly dangerous form of methamphetamine. In September 2019, law enforcement officers observed Nieves engage in other apparent narcotics transactions, and later seized additional amounts of methamphetamine from Nieves’ belongings, vehicle, and apartment. In all, law enforcement seized approximately 86 grams of methamphetamine from Nieves during the investigation.
In addition to the prison term, Judge Hayden sentenced Nieves to three years of supervised release.
Acting U.S. Attorney Honig credited special agents and task force officers of the U.S. Drug Enforcement Administration, New Jersey Division, under the direction of Special Agent in Charge Susan A. Gibson in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Mark Pesce of the U.S. Attorney’s Office’s OCDETF/Narcotics Unit in Newark.
Bergen County Company Admits Price Gouging KN95 Masks During COVID-19 PandemicRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, company today admitted its role in price gouging a chain of New Jersey grocery stores in connection with the sale of KN95 masks during the COVID-19 pandemic, Acting U.S. Attorney Rachael A. Honig announced.
TSC Agency LLC (TSC), a logistics and freight forwarding company based in Mahwah, New Jersey, pleaded guilty by videoconference before U.S. Magistrate Judge Jessica S. Allen to an information charging it with price gouging in violation of the Defense Production Act.
According to documents filed in this case and statements made in court:
In March 2020, TSC and two partners purchased 250,000 KN95 filtering facepiece respirators from a foreign manufacturer. TSC and one of those partners then sold 100,000 masks to a chain of New Jersey grocery stores at prices in excess of prevailing market prices. TSC sold the masks at a price of $5.25 per mask, which amounted to a markup of more than 400 percent from its acquisition cost. Prior to the spread of COVID-19, TSC had no history of selling personal protective equipment.
A violation of the Defense Production Act carries a maximum fine of $200,000, or twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss sustained by any victims of the offense, whichever is greatest. Sentencing for TSC Agency is scheduled for April 13, 2022.
Acting U.S. Attorney Honig credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Peter Fitzhugh in New York, with the investigation.
The government is represented by Assistant U.S. Attorney David V. Simunovich of the Government Fraud Unit in Newark and Nicholas P. Grippo, Chief of the Criminal Division in Newark.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit: https://www.justice.gov/coronavirus.
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 (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Repeat Offender Admits Possessing Child PornographyRead the Press Release
TRENTON, N.J. – An Ocean County, New Jersey, man today admitted possessing thousands of images and videos depicting child sexual abuse, Acting U.S. Attorney Rachael A. Honig announced.
Andrew Ramey, 34, of Brick, New Jersey, pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti 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:
From March 13, 2020, through June 8, 2020, Ramey downloaded and shared material containing images of child sexual abuse, via the BitTorrent Network, a publicly available online peer-to-peer (P2P) file-sharing network of linked computers. Users must download P2P software, which is widely available for free on the Internet. The software allows the user to place files into a designated “shared” folder on his or her hard drive, from which other BitTorrent users can then download those files directly to the “shared” folders of their own computers. Users can then search, select, and directly download, those files.
Law enforcement used investigative software to access the BitTorrent Network and downloaded video files containing images of child sexual abuse from a device or devices assigned to an IP address at Ramey’s residence. On Nov. 13, 2020, law enforcement searched Ramey’s residence and seized mobile phones belonging to Ramey. Analysis revealed the phones contained thousands of images and videos containing images of child sexual abuse, as well as BitTorrent software.
In a prior federal prosecution in 2018, Ramey was convicted of one count of possession of child pornography in the U.S. District Court for the District of New Jersey. For a repeat offender, the possession charge in the information carries a mandatory minimum penalty of 10 years in prison and a statutory maximum penalty of 20 years in prison, along with a fine of $250,000 or twice the gross pecuniary gain or loss, whichever is greater. Sentencing is scheduled for April 12, 2022.
Acting U.S. Attorney Honig credited special agents of the Department of Homeland Security, Homeland Security Investigations, Atlantic City, under the direction of Special Agent in Charge Jason J. Molina in Newark; detectives of the Ocean County Prosecutor’s Office, under the direction of Prosecutor Bradley D. Billhimer; the Brick Police Department, under the direction of Chief James Riccio; and the Mount Laurel Police Department, under the direction of Chief Stephen Riedener, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Alexander E. Ramey of the U.S. Attorney’s Office Criminal Division in Trenton.
Pathology Practice Agrees to Pay $2.4 Million to Resolve False Claims Act AllegationsRead the Press Release
NEWARK, N.J. – A New Jersey pathology practice will pay $2.4 million to resolve allegations that it violated the False Claims Act by making false representations in connection with submissions to the Centers for Medicare & Medicaid Services (CMS), Acting U.S. Attorney Rachael A. Honig announced today.
According to the government’s contentions in the settlement agreement:
Princeton Pathology Services P.A. (Princeton Pathology) submitted claims to Medicare under Current Procedural Terminology (CPT) code 85390-26 from Jan. 1, 2015, through Dec. 31, 2020. This CPT code requires written analysis by a pathologist, but Princeton Pathology submitted claims using this code without written substantiation in medical records. As a result, Princeton Pathology billed Medicare for analysis of tests that did not require analysis, causing Medicare to significantly overpay.
Contemporaneous with the civil settlement, Princeton Pathology also entered into a three-year Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), which requires, among other things, training, auditing, and monitoring designed to address the conduct at issue in the case as well as evolving compliance risks on an ongoing basis.
“Federal health care programs rely on practitioners to accurately bill for services they perform,” Acting U.S. Attorney Honig said. “The U.S. Attorney’s Office for the District of New Jersey will hold accountable physician practices that seek payment for unnecessary or unsubstantiated services.”
“Submitting claims for unsubstantiated services threatens the integrity of the Medicare program and will not be tolerated,” Scott J. Lampert, HHS-OIG Special Agent in Charge said. “We will continue to protect patients and taxpayers by holding accountable providers who endanger the integrity of federal health care programs and the beneficiaries they serve.”
The allegations arose from a lawsuit filed under the whistleblower provisions of the False Claims Act by Jayant Barai M.D. The False Claims Act permits private parties to sue for false claims on behalf of the United States and to share in any recovery. Dr. Barai will receive $456,000 from the federal share of the settlement.
The government’s pursuit of this lawsuit illustrates its efforts to combat healthcare fraud. One of the most powerful 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).
Acting U.S. Attorney Honig credited special agents of the HHS-OIG, under the direction of Special Agent in Charge Lampert; and 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, with the investigation leading to the settlement.
The government is represented by Assistant U.S. Attorney Daniel Meyler of the Health Care Fraud Unit in Newark.
The lawsuit is captioned United States ex rel. Barai v. Princeton Pathology Services, P.A., et al. (D.N.J.). The claims settled by this agreement are allegations only, and there has been no determination of liability.
New York Man Indicted in Credit Card ‘Bust Out’ Scheme to Defraud BanksRead the Press Release
NEWARK, N.J. – A New York man was indicted today by a federal grand jury in connection with a scheme to defraud banks by using stolen and altered identities to fraudulently obtain credit cards and then using those cards to make millions of dollars in charges that were never repaid, Acting U.S. Attorney Rachael A. Honig announced.
Mohammad Mushtaq, 56, of Valley Stream, New York, is charged with one count of conspiring to defraud financial institutions, five counts of bank fraud, one count of access device fraud, and one count of aggravated identity theft.
According to documents filed in this case and statements made in court:
Mushtaq and his conspirators engaged in a scheme to use stolen and altered identities to obtain credit cards from financial institutions and then use those credit cards to make purchases that they had no intention to repay, leaving the financial institutions to bear the losses.
Mushtaq and his conspirators used the personal identifying information of people, including dates of birth, drivers’ license numbers, and Social Security numbers, to create “synthetic identities,” sometimes by pairing the name and Social Security number of actual persons with a fictitious birthdate, and sometimes by pairing the person’s Social Security number with a fictitious name and birthdate. They often used the name and Social Security number of a minor and altered the birthdate to make the identity appear to be that of an adult. Mushtaq altered the personally identifying information of his own spouse and minor child in this fashion to create fraudulent identities that were then used in furtherance of the scheme.
Mushtaq and his conspirators used the stolen and synthetic identities to obtain lines of credit, primarily through opening credit card accounts at financial institutions (the “fraud cards”). The fraud cards were maintained in good standing with the financial institutions long enough to establish the creditworthiness of the stolen and synthetic identities. Mushtaq and his conspirators then “busted out” the fraud cards by making large purchases and never repaying the debts.
Mushtaq’s conspirator, Asif Ali, also established numerous purported companies that did little or no legitimate business (the “sham companies”). Mushtaq and Ali used these sham companies to make hundreds of thousands of dollars’ worth of charges to the fraud cards, which were then deposited in bank accounts opened in the sham companies’ names.
The charge of conspiring to defraud financial institutions and the bank fraud charges each carry a maximum penalty of 30 years in prison and a $1 million fine, or twice the gross gain or loss from the offense, whichever is greatest. The access device fraud charge carries a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense, whichever is greatest. The aggravated identity theft charge carries a mandatory penalty of two years in prison, which must be served consecutively to any other term of imprisonment imposed.
Asif Ali, Tassadiq Hussain, and Shahid Akhtar previously pleaded guilty in connection with their roles in this and related schemes. Ali is awaiting sentencing before U.S. District Judge Anne E. Thompson. Hussain and Akhtar were sentenced by Judge Thompson to 41 months and a sentence of time served, respectively.
Acting U.S. Attorney Honig credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Raimundo Marrero, with the investigation leading to today’s indictment.
The charges in the indictment are merely allegations, and the defendant is presumed to be innocent unless and until convicted.
The government is represented by Acting U.S. Attorney Rachael A. Honig.