FEDERAL DISTRICT ARCHIVE
Southern District of New York
Press releases recorded for this federal judicial district.
South Carolina Man Arrested for Hate-Based Threats to Kill News Reporter and Her FamilyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that AUSTIN SUMAN was arrested after he made a series of violent and hate-based threats to a news reporter, threatening to kill her and her family, as well as blow up her house. SUMAN was arrested in Myrtle Beach, South Carolina, this morning and will be brought to the Southern District of New York to be presented in White Plains federal court.
U.S. Attorney Damian Williams said: “The charges against the defendant demonstrate our resolve to work at lightning speed to neutralize threats against the press—which serves a vital role in our democracy. To any individual who dares to cross the line and make hate-based threats against members of our press: you will be found, and you will be held accountable for your actions.”
FBI Assistant Director in Charge James E. Dennehy said: “Austin Suman allegedly made numerous threats and ethnic slurs to a local news reporter to file a personal grievance against her for her previous reporting of his prior arrest. His alleged threats to inflict significant harm with firearms and explosives were delivered with intimidation and prejudice. Hiding behind a screen will not prevent the FBI’s pursuit of those who target others with hateful messages of violence and death.”
As alleged in the Complaint:[1]
On Friday, November 8, 2024, SUMAN sent messages over Facebook and email threatening a news reporter based in Orange County, New York. “You are a dumb spick, we [are] coming for you,” he said. “I will end you and your family.” “You better stay in [N]ew [Y]ork.” SUMAN also threatened to blow up the victim’s residence: “I can blow your house off [its] foundation tread lightly.” His threats appeared motivated by an article the reporter wrote several years ago, which related to SUMAN’s arrest for threatening a former roommate with a firearm, resulting in his guns being taken away. He added that all his guns were returned, stating “I have more guns than ever,” including “ful[ly] auto[matic]” weapons. SUMAN’s threats also appeared motivated by gender, race, ethnicity, and national origin. “[D]umb fuckin cunt . . . female journalist what a joke.” “[D]umb Mexican,” he said, while repeating ethnic slurs against people of Hispanic, Latin American, or Spanish descent. “We are going to deport your family all of them . . . [u]seless life. Dumb bitch. I would drag you by your legs naked with my horse.” “Guess what I have now? More [guns] than you or your family might know. Fucking spicks.”
* * *
SUMAN, 35, of Myrtle Beach, South Carolina, is charged with threatening interstate communications, which carries a maximum sentence of five years in prison; willfully making a threat involving explosives, which carries a maximum sentence of 10 years in prison; and interstate stalking, which carries a maximum sentence of five years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding work of the FBI and the Hudson Valley Safe Streets Task Force in swiftly investigating the threats charged in the Complaint. Mr. Williams also thanked the New York State Police, Horry County Police Department, and FBI Columbia Division.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorney Reyhan Watson is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Six Defendants Charged with Narcotics Conspiracy in PeekskillRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the arrest of six individuals charged with participating in a drug conspiracy that distributed large amounts of cocaine and fentanyl on the streets of Peekskill, New York. The defendants, JASON TINSLEY, a/k/a “Floss,” JEROME REED, a/k/a “Pops,” RAKIM MAYO, a/k/a “Bo,” THOMAS RYAN, GARY BURKETT, and MIESHA CATO, were arrested and arraigned on Tuesday before U.S. Magistrate Judge Andrew E. Krause. The case is assigned to U.S. District Judge Kenneth M. Karas.
U.S. Attorney Damian Williams said: “As alleged in the Indictment, the defendants participated in a conspiracy to flood the streets of Peekskill with cocaine, crack, and fentanyl. They allegedly operated throughout the City of Peekskill, on the street and in public housing complexes, disrupting people’s everyday lives and brazenly infesting the streets and residential buildings of Peekskill with dangerous drugs while they sought to get rich. Our investigation remains ongoing, and I thank our law enforcement partners and the career prosecutors of this Office who are working tirelessly to keep drug dealers and dangerous illegal drugs out of our communities.”
FBI Assistant Director in Charge James E. Dennehy said: “These six defendants allegedly organized a regional narcotics trade to supply significant amounts of highly addictive drugs, including cocaine and fentanyl, through various personal and intermediary transactions. The alleged conspiracy operated on the streets and within local residential complexes, putting the wellbeing and safety of residents at risk through the increased presence of illegal drugs. The FBI will continue to dismantle and terminate the flow of illegal drugs plaguing our communities.”
As alleged in the Indictment unsealed in White Plains federal court and statements made in court proceedings:
From roughly April 2024 until their arrests this week, the defendants participated in a conspiracy to supply and distribute large amounts of primarily cocaine, crack cocaine, and fentanyl in Peekskill, New York, along with methamphetamine and other narcotics. They operated out of multiple residential buildings, including Peekskill’s Bohlmann Towers and Dunbar Heights public housing complexes, actively selling drugs everyday themselves and through street sellers and couriers.
In addition to arresting the defendants on Tuesday, the FBI, City of Peekskill Police Department, the Westchester County Police Department, and other members of the FBI’s Westchester County Safe Streets Task Force and its partners also executed multiple search warrants in Peekskill, Brooklyn, and New Jersey. In these searches, members of law enforcement discovered multiple kilograms of methamphetamine and crack cocaine, PCP, multiple firearms and rounds of ammunition, and over $100,000 of cash and jewelry.
If you have any information about this case, please contact the FBI at 1-800-Call-FBI or tips.fbi.gov.
* * *
TINSLEY, 42, of Peekskill, New York; REED, 35, of Peekskill, New York; MAYO, 35, of Brooklyn, New York; RYAN, 43, of Brooklyn, New York; BURKETT, 62, of Peekskill, New York; and CATO, 37, of Peekskill, New York, are charged with narcotics conspiracy, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Williams praised the outstanding work of the FBI Westchester County Safe Streets Task Force, the City of Peekskill Police Department, the Westchester County Police Department, and the Drug Enforcement Administration. Mr. Williams also thanked the Yorktown Police Department, the New York City Police Department, and the New York State Police.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorney Justin L. Brooke is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Venezuelan National Sentenced for Sanctions Evasion SchemeRead the Press Release
George Semerene Quintero (Semerene), 61, of Venezuela, was sentenced today to 30 months in prison to be followed by three years of supervised release for conspiring to violate the International Emergency Economic Powers Act (IEEPA) and for his role in a scheme to evade U.S. sanctions imposed on Petróleos de Venezuela S.A. (PdVSA), a Venezuelan state-owned oil company.
“Today, the defendant George Semerene Quintero, is being held accountable for his role in a brazen scheme to illegally funnel American aircraft parts to service planes used by Maduro and his cronies,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department is committed to enforcing the sanctions imposed on the Maduro regime and will not tolerate those who violate the law and undermine our national security.”
“Semerene conspired to illegally procure critical parts from U.S. companies to supply the PdVSA aircraft fleet and tried to hide the transactions through third parties in other countries like Spain and Costa Rica,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod of the Commerce Department’s Bureau of Industry and Security (BIS). “Now, the only procurement he’ll be doing is at the prison commissary.”
“Today, George Semerene Quintero was held accountable in a U.S. court of law for conspiring to circumvent economic sanctions and export controls to aid Nicolás Maduro’s regime in Venezuela in obtaining critical aircraft parts from America,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “The prosecution of Semerene reflects our steadfast commitment to holding those who violate sanctions accountable and to vigorously enforcing export controls to protect our nation’s security. Together, with the Bureau of Industry and Security and our law enforcement partners, the U.S. Attorney’s Office will continue to ensure that the integrity and intent of U.S. sanctions are preserved.”
According to court documents, between January 2019 and December 2021, after learning of the sanctions imposed on PdVSA, Semerene and his co-conspirators devised a scheme to illegally procure aircraft parts, including bearings, rudder parts, joint slide flexes and actuators, from the United States to service PdVSA’s aircraft fleet in Venezuela, in violation of U.S. sanctions and export controls. Semerene, who was an employee in PdVSA’s procurement department, and his co-conspirators concealed from U.S. companies that the requested parts were destined for Venezuela and PdVSA by utilizing third parties in other countries, including a company in Costa Rica, Novax Group SA, and a company in Spain, Aerofalcon SL, to serve as the purported purchasers and end users for the aircraft parts. Semerene and his co-conspirators carried out this scheme by causing the third-party companies to (1) lie to U.S. parts suppliers; (2) make false declarations on customs forms and shipping documents; (3) fabricate supplier invoices; and (4) provide false end-user certificates. Semerene and his co-conspirators utilized freight forwarders and shipping companies located in the Southern District of Florida to move the parts.
The indictment charging Semerene and nine co-defendants, including three other individuals associated with PdVSA, was unsealed in April, following Semerene’s arrest upon his arrival in the United States. Semerene pleaded guilty on Aug. 20.
BIS investigated the case.
Assistant U.S. Attorney Jonathan Stratton for the Southern District of Florida (SDFL) and Trial Attorney Ahmed Almudallal of the National Security Division’s Counterintelligence and Export Control Section (CES) prosecuted the case. Assistant U.S. Attorney Maria Medetis, Chief of the National Security Section for SDFL and CES Deputy Chief Matthew McKenzie provided valuable assistance during the investigation.
U.S. Attorney Obtains Consent Decree Against Liberty Central School District for Violations of the Uniformed Services Employment and Reemployment Rights ActRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that the United States obtained a consent decree against LIBERTY CENTRAL SCHOOL DISTRICT (“LIBERTY”) in a lawsuit for violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) filed on behalf of teacher and U.S. Army National Guard member John Chewens. The consent decree enjoins LIBERTY from future violations of USERRA and requires it to pay Chewens $10,000 in damages, including the $5,992.04 in pay that Chewens did not receive because of LIBERTY’s violations.
U.S. Attorney Damian Williams said: “Our courageous soldiers, who often leave behind their families and loved ones to serve this country, should not return from their military deployments only to find that they have fallen behind in their civilian jobs. This Office is dedicated to ensuring that service members like Captain John Chewens receive all the protections that USERRA guarantees, and we will hold employers responsible when they refuse to honor those guarantees.”
As alleged in the Complaint filed in Manhattan federal court:
LIBERTY pays teachers according to a salary schedule by which a teacher’s base annual salary is determined by the teacher’s step. Teachers typically progress one step per school year, which results in an increase in the teacher’s compensation.
Chewens began teaching at LIBERTY in the 2016–17 school year, and he was paid at step 1. At the start of the 2017–18 year, he progressed to step 2. Subsequently, he was ordered to report for active duty starting in March 2018, in support of Operation Enduring Freedom. As a result of his deployment, he did not return to teaching until April 2019.
When Chewens returned to teaching, LIBERTY denied him the step increase that he would have otherwise received but for his absence during his deployment. As a result, his annual base salary for the 2018–19 school year and subsequent school years was less than it would have been but for his military service.
USERRA guarantees that service members whose employment is interrupted by more than 90 days of military service are, upon their return to the employer, paid at the same rate that they would have earned absent their military service.
The Consent Decree enjoins LIBERTY from violating any provisions of USERRA (including the provisions that prohibit retaliation); requires LIBERTY to compensate Chewens for lost wages and other damages; and requires LIBERTY to incorporate the following statement into its Board of Education policy and to communicate it to members of its executive and administrative staff:
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) prohibits employers from discriminating against military service members in employment and hiring. USERRA also guarantees that service members whose employment is interrupted by more than 90 days of military service are, upon their return to the employer, paid at the same rate that they would have earned absent their military service. Even if an employee would not otherwise be eligible to advance a step in the salary schedule because of an absence, the employee must receive a step increase if the employee’s absence is due to his or her military service.
* * *
This case is being handled by the Office’s Civil Rights Unit in the Civil Division. Assistant U.S. Attorney Mark Osmond is in charge of the case.
Rockland County Man Convicted at Trial of Hobbs Act Robbery and Firearms ChargeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced the conviction in White Plains federal court of THIERRY ANTOINE for robbing the residence of a marijuana dealer in Chestnut Ridge, New York, on December 16, 2019, and for using, carrying, or possessing a firearm in connection with that robbery. The jury convicted ANTOINE yesterday following a five-day trial before U.S. District Judge Nelson S. Román.
U.S. Attorney Damian Williams said: “A unanimous jury has found that Thierry Antoine engaged in a violent gunpoint robbery, which included the beating of an innocent victim. Thanks to the hard work of the career prosecutors of this Office and our law enforcement partners, Antoine is now held accountable for his conduct.”
As reflected in the Indictment, public filings, and the evidence presented at trial:
On or about December 16, 2019, ANTOINE and five others agreed to rob, and did rob, the residence of a known marijuana dealer in Chestnut Ridge, New York. Later that same day, ANTOINE and the others drove to the residence, bringing weapons including a mini-bat, a knife, and a firearm. Upon arrival at the residence, ANTOINE and the others encountered a young man who was at the residence to meet a friend. ANTOINE and the others beat the young man, including shoving the firearm in his mouth with such force that it broke one of his teeth, and tied him up as they broke into the residence and stole cash, marijuana, and high-end clothes and shoes.
* * *
ANTOINE, 34, of Spring Valley, New York, was convicted by a jury of one count of conspiracy to commit Hobbs Act robbery, which carries a maximum sentence of 20 years in prison; one count of Hobbs Act robbery, which carries a maximum sentence of 20 years in prison; and one count of use, carrying, and possession of a firearm, in furtherance of a crime of violence, which carries a minimum sentence of five years in prison to run consecutive to any other sentence imposed and a maximum sentence of life in prison.
The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge. ANTOINE is scheduled to be sentenced by Judge Román on April 4, 2025.
Mr. Williams praised the outstanding investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The prosecution of this case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Benjamin L. Levander, Margaret N. Vasu, and Margery B. Feinzig, with assistance from Paralegal Specialist Shannon Becker.
Manhattan Franciscan Friar Pleads Guilty to Fraud Related to Fake Medical Charity in Beirut, LebanonRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that PAWEL BIELECKI, a/k/a “Paul HRH Saxe-Coburg-Gotha,” a Manhattan-based Franciscan friar, pled guilty before U.S. District Judge Vincent Briccetti to one count of wire fraud for perpetrating a multi-year scheme to obtain donations for a fake medical charity in Beirut, Lebanon.
U.S. Attorney Damian Williams said: “This case serves as a stark reminder that fraudsters can exploit even the most noble causes for personal gain. Pawel Bielecki’s deceptive actions not only robbed individuals of their hard-earned money but also undermined the spirit of generosity that drives charitable giving. This Office is committed to holding accountable those who take advantage of well-meaning donors and will continue to work tirelessly to protect the integrity of charitable organizations in our communities.”
According to the allegations contained in the Information, plea agreement, and statements made in related court filings and proceedings:
BIELECKI is a friar in the Capuchin Order, a Catholic order of priests and brothers, who is based out of a friary in New York City. BIELECKI engaged in a fraudulent scheme related to fake medical clinics he claimed to operate in Lebanon. Through appearances and advertisements on radio programs and online podcasts, as well as various other media, including campaigns on various crowdfunding websites, BIELECKI fraudulently obtained more than $560,000 in donations from victims by claiming, among other misrepresentations, to run medical clinics in Beirut, Lebanon, when in fact BIELECKI was keeping victims’ donations for his personal use.
If you believe you are a victim of fraud perpetrated by BIELECKI, please contact Special Agent Sean Smyth, U.S. Attorney’s Office for the Southern District of New York, at (914) 993‑1900 or by following the instructions available at https://www.justice.gov/usao-sdny/report-crime.
* * *
BIELECKI, 48, of New York, New York, pled guilty to one count of wire fraud, which carries a maximum potential sentence of 20 years in prison.
The maximum potential sentence in this case is prescribed by Congress and provided here for informational purposes only, as the sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York and of the Internal Revenue Service – Criminal Division. Mr. Williams also thanked the New York Field Office of U.S. Customs and Border Protection for their assistance in the investigation.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Benjamin Levander and Ryan W. Allison are in charge of the prosecution.
Two Somali Pirates Sentenced to 30 Years Each in Prison for Armed Hostage Taking of American JournalistRead the Press Release
Abdi Yusef Hassan, 56, of Minneapolis, Minnesota, and Mohamed Tahlil Mohamed, 43, of Mogadishu, Somalia, were both sentenced to 30 years in prison for hostage taking, terrorism, and firearms offenses, in connection with the 977-day hostage taking of an American journalist in Somalia. A jury in the Eastern District of New York convicted Hassan and Mohamed of those offenses in February 2023 following a three-week trial.
According to the complaints, indictments, evidence at trial, and statements made in public court proceedings, in January 2012, Michael Scott Moore, an American freelance journalist, traveled to Somalia to research piracy and the Somali economy. On Jan. 21, 2012, Moore was driving in the vicinity of Galkayo, Somalia, when his vehicle was suddenly surrounded by a group of heavily armed men carrying assault rifles and rocket-propelled grenade launchers. The men pulled Moore from his vehicle, beat him with their weapons, and drove him away in another vehicle to a secluded area, where they held him with two Seychellois fishermen (Fisherman-1 and Fisherman-2). The fishermen had been abducted off the Somali coast in October 2011. Moore was held in various locations in the vicinity of Hobyo, Somalia, for approximately three months.
In April 2012, Moore and Fisherman-1 were transferred to a boat, F/V Naham III, which had previously been hijacked in March 2012. The pirates kept Moore and Fisherman-1 captive aboard the Naham III, along with 28 crew members of the ship. Moore learned from the crew members, who were from Vietnam, China, Philippines, and Taiwan, that the hostage takers murdered the captain of the ship when they captured the vessel and that his body was kept in the ship’s freezer. The hostage takers kept Moore on the Naham III until approximately August 2012, when they transferred him back to land. On one occasion, in approximately May 2012, Moore’s captors took him from the Naham III to the Somali bush, where they forced Moore to watch as they hung Fisherman-1 from a tree by his feet and beat Fisherman-1 with a cane. During the torture of Fisherman-1, the pirates who were present were armed with heavy weaponry, including machine guns and grenade launchers.
Moore remained a hostage for another two years. During this time, his captors shuttled him between safehouses, chained him at night to prevent his escape, surrounded him with armed guards, and repeatedly threatened him with bodily harm. Moore was also forced to make several proof-of-life videos requesting large ransom payments for his release. The kidnappers provided Moore with almost no information, and his access to the outside world was limited to a radio. In September 2014, following the payment of a ransom, Moore’s captors released him.
Hassan and Mohamed each played significant roles in Moore’s captivity. Hassan, a naturalized U.S. citizen, served as the Minister of the Interior (a role that made him responsible for police and security forces) in Galmudug province in Somalia, where Moore was held hostage. Hassan served as an overall leader of the pirates and headed their efforts to extort a massive ransom from Moore’s aging mother. Among other things, Hassan directed the production of proof-of-life videos with Moore, participated in negotiations for ransom payments, and used his own home as a base of operations for the pirates. Mohamed, a serving officer in the Somali army, was a supervisor of the pirates guarding Moore during the early stages of the hostage taking. After Moore had been moved several times, Mohamed continued to play an essential role in the hostage taking, relying on his military position, training, and experience to serve as the pirates’ head of security and armorer. As head of security, Mohamed was in charge of moving Moore from location to location around Somalia. Mohamed also leveraged his military background to provide and repair heavy machine guns, grenade launchers, and other weapons that the pirates used to ensure that Moore could not escape.
In addition to the prison term, Hassan and Mohamed were sentenced to one day of supervised release.
Assistant Attorney General Matthew G. Olsen, U.S. Attorney Damian Williams for the Southern District of New York, and Executive Assistant Director Robert Wells of the FBI National Security Branch announced the case.
The FBI Boston and Minneapolis Field Office investigated the case with assistance from Department of State Diplomatic Security Service.
Assistant U.S. Attorney Sam Adelsberg and Trial Attorney Josh Champagne of the National Security Division’s Counterterrorism Section prosecuted the case with assistance from the U.S. Attorney’s Office for the Eastern District of New York and the Department of Justice’s Office of International Affairs.
Two Somali Pirates Sentenced to 30 Years Each in Prison for Armed Hostage Taking of American JournalistRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that ABDI YUSUF HASSAN and MOHAMED TAHLIL MOHAMED were both sentenced to 30 years in prison for hostage taking, terrorism, and firearms offenses, in connection with the 977-day hostage taking of an American journalist in Somalia. A jury in the Eastern District of New York convicted HASSAN and MOHAMED of those offenses in February 2023 following a three-week trial. The sentences were imposed by U.S. District Judge Allyne R. Ross, who also presided over the trial.
U.S. Attorney Damian Williams said: “For nearly three years, Michael Scott Moore was held hostage in Somalia by pirates. He was beaten, chained to the floor, and threatened with assault rifles and machine guns. Hassan and Mohamed were key players in that hostage taking. Both abused their positions in Somalia’s government—Hassan, as a senior security official, and Mohamed as an army officer—by keeping a U.S. citizen captive to satisfy their own greed. Today’s sentences demonstrate our resolve to hold those who take Americans hostage accountable for their crimes.”
According to the Complaints, Indictments, evidence at trial, and statements made in public court proceedings:
In January 2012, Michael Scott Moore, an American freelance journalist, traveled to Somalia to research piracy and the Somali economy. On January 21, 2012, Moore was driving in the vicinity of Galkayo, Somalia, when his vehicle was suddenly surrounded by a group of heavily armed men carrying assault rifles and rocket-propelled grenade launchers. The men pulled Moore from his vehicle, beat him with their weapons, and drove him away in another vehicle to a secluded area, where they held him with two Seychellois fishermen (“Fisherman-1” and “Fisherman-2”). The fishermen had been abducted off the Somali coast in October 2011. Moore was held in various locations in the vicinity of Hobyo, Somalia, for approximately three months.
In April 2012, Moore and Fisherman-1 were transferred to a boat, F/V Naham III, which had previously been hijacked in March 2012. The pirates kept Moore and Fisherman-1 captive aboard the Naham III, along with 28 crew members of the ship. Moore learned from the crew members, who were from Vietnam, China, Philippines, and Taiwan, that the hostage takers murdered the captain of the ship when they captured the vessel and that his body was kept in the ship’s freezer. The hostage takers kept Moore on the Naham III until approximately August 2012, when they transferred him back to land. On one occasion, in approximately May 2012, Moore’s captors took him from the Naham III to the Somali bush, where they forced Moore to watch as they hung Fisherman-1 from a tree by his feet and beat Fisherman-1 with a cane. During the torture of Fisherman-1, the pirates who were present were armed with heavy weaponry, including machine guns and grenade launchers.
Moore remained a hostage for another two years. During this time, his captors shuttled him between safehouses, chained him at night to prevent his escape, surrounded him with armed guards, and repeatedly threatened him with bodily harm. Moore was also forced to make several proof-of-life videos requesting large ransom payments for his release. The kidnappers provided Moore with almost no information, and his access to the outside world was limited to a radio. In September 2014, following the payment of a ransom, Moore’s captors released him.
HASSAN and MOHAMED each played significant roles in Moore’s captivity. HASSAN, a naturalized U.S. citizen, served as the Minister of the Interior (a role that made him responsible for police and security forces) in Galmudug province in Somalia, where Moore was held hostage. HASSAN served as an overall leader of the pirates and headed their efforts to extort a massive ransom from Moore’s aging mother. Among other things, HASSAN directed the production of proof-of-life videos with Moore, participated in negotiations for ransom payments, and used his own home as a base of operations for the pirates. MOHAMED, a serving officer in the Somali army, was a supervisor of the pirates guarding Moore during the early stages of the hostage taking. After Moore had been moved several times, MOHAMED continued to play an essential role in the hostage taking, relying on his military position, training, and experience to serve as the pirates’ head of security and armorer. As head of security, MOHAMED was in charge of moving Moore from location to location around Somalia. MOHAMED also leveraged his military background to provide and repair heavy machine guns, grenade launchers, and other weapons that the pirates used to ensure that Moore could not escape.
* *. *
In addition to the prison term, HASSAN, 56, of Minneapolis, Minnesota, and MOHAMED, 43, of Mogadishu, Somalia, were sentenced to one day of supervised release.
Mr. Williams praised the outstanding efforts of the International Operations Division of the Federal Bureau of Investigation (“FBI”), the FBI’s International Violent Crimes Unit, the FBI Boston Field Office and its Portland Resident Agency, the FBI Minneapolis Field Office, the U.S. Department of State Diplomatic Security Service, the U.S. Attorney’s Office for the Eastern District of New York, the Department of Justice’s Office of International Affairs, and the Counterterrorism Section of the Department of Justice’s National Security Division for their assistance.
This prosecution is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorney Sam Adelsberg is in charge of the prosecution, with assistance from Trial Attorney Josh Champagne of the Counterterrorism Section.
Bronx Juvenile Detention Center Supervisor Pleads Guilty in Connection with Beating of 16-Year-Old Resident and False ReportRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today the guilty plea of DAQUAN SEYMOUR, a supervisor at the Horizon Juvenile Center (“Horizon”), a secure detention center for juveniles located in the Bronx, New York, in connection with his beating of a 16-year-old resident at Horizon (“Minor Victim-1”), and attempt to cover-up the beating, on April 25, 2022. SEYMOUR pled guilty to depriving Minor Victim-1 of his constitutional rights under color of law. As part of his guilty plea, SEYMOUR admitted that he prepared a false report following the assault of Minor Victim-1 on April 25, 2022, in which he omitted reference to the assault of Minor Victim-1. In addition, as part of his guilty plea, SEYMOUR also agreed not to dispute that he falsified another incident report in connection with an earlier attempted assault of a 17-year-old resident at Horizon (“Minor Victim-2”) on December 29, 2021. SEYMOUR was arrested on July 26, 2023, and pled guilty today before U.S. District Judge Edgardo Ramos.
U.S. Attorney Damian Williams said: “Daquan Seymour, a supervisor at a juvenile detention facility, abused his position of authority by assaulting a vulnerable sixteen-year-old boy who was detained pending trial. Seymour also lied on his reports about this and another assault on a minor in his care. Seymour’s pattern of violence toward youth and obstruction has now come to an end as he faces justice. This Office is committed to protecting the constitutional rights of all New Yorkers, including minors residing at youth detention facilities, and will ensure that those who abuse their power and harm vulnerable members of our society are held accountable.”
According to the allegations in the Indictment, Superseding Indictment, other public court documents, and statements made in court proceedings:
On or about April 25, 2022, SEYMOUR was employed as an Associate Youth Development Specialist at Horizon, which was operated by the New York City Administration for Children’s Services (“ACS”). Associate Youth Development Specialists at Horizon are responsible for, among other things, supervising other staff members and ensuring the safety of all juvenile residents.
At the time of the beating, Minor Victim-1 was a 16-year-old juvenile resident at Horizon, who was detained pending trial. Following a confrontation between several staff members and juvenile residents at Horizon, including Minor Victim-1, SEYMOUR, along with a fellow supervisor violently dragged Minor Victim-1 by his forearms across the floor of a residential hall and into a private room (the “Room”). Once inside the Room, SEYMOUR and the other supervisor beat Minor Victim-1, striking him repeatedly and forcefully as Minor Victim-1 lay on the floor. As a result of the beating, Minor Victim-1 suffered bodily injuries, including a deep laceration to his upper lip area, which required Minor Victim-1 to be transported to a nearby hospital for emergency medical care where he received nine stitches.
Following the beating of Minor Victim-1, SEYMOUR attempted to cover up his participation in the beating. In particular, SEYMOUR prepared an incident report that described the confrontation between Horizon residents and staff members that immediately preceded the assault but failed to disclose that he dragged or physically assaulted Minor Victim-1.
* * *
SEYMOUR, 34, of the Bronx, New York, pled guilty to one count of deprivation of rights under color of law, which carries a maximum sentence of 10 years in prison.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Williams praised the efforts of the Department of Investigation for their outstanding work on this matter. Mr. Williams also thanked the Special Agents of the U.S. Attorney’s Office for the Southern District of New York for their significant assistance.
The prosecution of this case is being handled by the Office’s Civil Rights Unit in the Criminal Division. Assistant U.S. Attorneys Jamie Bagliebter, Lisa Daniels, and Mitzi S. Steiner are in charge of the prosecution.
Telefónica Venezolana to Pay over $85M to Resolve Foreign Bribery InvestigationRead the Press Release
Telefónica Venezolana C.A. (Telefónica Venezolana), a Venezuela-based subsidiary of Telefónica S.A. (Telefónica), a publicly traded global telecommunications operator based in Spain, will pay over $85.2 million to resolve an investigation by the Justice Department into a scheme to bribe government officials in Venezuela to receive preferential access to U.S. dollars in a currency auction.
Telefónica Venezolana entered into a deferred prosecution agreement (DPA) in connection with a criminal information filed today in the Southern District of New York charging the company with conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA).
“Telefónica Venezolana bribed Venezuelan government officials to participate in a government auction through which it exchanged Venezuelan bolivars for U.S. dollars. The company concealed the illicit payments by purchasing equipment at inflated prices from two suppliers who paid the bribes on the company’s behalf,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Telefónica Venezolana chose to support a corrupt regime to circumvent the difficulties of conducting legal business in Venezuela. This resolution is yet another example of the Justice Department’s commitment to fight corruption and hold companies accountable for their criminal conduct.”
“Telefónica Venezolana, a subsidiary and agent of a U.S. issuer, agreed to line the pockets of corrupt Venezuelan officials to gain access to U.S. currency and maintain its position in the Venezuelan telecommunications market,” said U.S. Attorney Damian Williams for the Southern District of New York. “Intermediaries then funneled the bribe payments through U.S. correspondent bank accounts. This office will not tolerate the use and abuse of the U.S. financial system to enrich corrupt foreign officials and those who maintain their market position by appeasing them.”
“This case is an example of the IRS Criminal Investigation (IRS-CI)’s and our law enforcement partners’ relentless effort to fight corruption and protect United States interests,” said Executive Special Agent in Charge Kareem Carter of the IRS-CI Washington Field Office. “We are committed to pursuing investigations into corporate fraud in an effort to protect consumers from bearing the costs associated with criminal activity.”
“Telefónica Venezolana engaged in a complex and criminal financial fraud scheme, in which they bribed Venezuelan government officials to obtain access to U.S. dollars,” said Executive Associate Director Katrina W. Berger of Homeland Security Investigations (HSI). “Thanks to the cooperative efforts of HSI, IRS-CI, and the Justice Department, the perpetrators of this conspiracy will be forced to pay for their illicit actions. HSI will continue to collaborate with our law enforcement partners, at home and overseas, to investigate and bring to justice any corporations engaging in such financial crimes.”
According to court documents and admissions, in 2014, Telefónica Venezolana participated in a government-sponsored currency auction in Venezuela that allowed it to exchange its Venezuelan bolivars for U.S. dollars. To ensure its success in the auction, Telefónica Venezolana recruited two suppliers to make approximately $28.9 million in corrupt payments to an intermediary, knowing that some of those funds would be paid as a “commission” to Venezuelan government officials. To conceal the bribe payments, Telefónica Venezolana covered the cost of the bribes by purchasing equipment from the two suppliers at inflated prices. As a result of its corrupt payments, Telefónica Venezolana was permitted to exchange and subsequently received over $110 million through the currency auction, which it used to purchase equipment from the two suppliers it recruited to join the scheme. These funds represented over 65% of the funds that the Venezuelan government awarded in the 2014 currency auction.
As part of the DPA, Telefónica Venezolana and its corporate parent, Telefónica, have agreed, among other things, to continue cooperating with the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of New York in any ongoing or future criminal investigation arising during the term of the DPA. In addition, Telefónica Venezolana and Telefónica have agreed to enhance their compliance program where necessary and appropriate, and to report to the government regarding remediation and implementation of their enhanced compliance program.
The Justice Department reached this resolution with Telefónica Venezolana based on a number of factors, including, among others, the nature and seriousness of the offense. Telefónica Venezolana received credit for its cooperation with the department’s investigation, which included: (i) making regular factual presentations to the department based on the information learned in the course of Telefónica Venezolana’s internal investigation; (ii) voluntarily making employees based outside the United States available for interviews in the United States; (iii) producing a significant number of documents to the department, while navigating foreign data privacy and related laws; and (iv) collecting, analyzing, and organizing voluminous evidence and information for the department, accompanied by translations of documents. However, in the initial phases of the department’s investigation, Telefónica Venezolana failed to timely identify, collect, produce, and disclose certain records and important information, which affected investigative efforts by the department and reduced the impact of Telefónica Venezolana’s cooperation.
Telefónica Venezolana also engaged in timely remedial measures, including: (i) disciplining certain employees involved in the relevant misconduct or who were otherwise made aware of the misconduct, including terminating employees; (ii) strengthening its anti-corruption compliance program by building and empowering an independent compliance function, appointing a Chief Compliance Officer with direct access to the Audit Committee of the Board of Directors, and investing in additional compliance resources throughout its global operations; (iii) overhauling its review and approval process for transactions with non-standard pricing, including by ensuring that the compliance function reviews all such transactions globally; (iv) reviewing, enhancing, and testing its broader internal controls for pricing and other transactions with the assistance of a forensic accounting firm; (v) strengthening processes for vetting, engaging, and monitoring third parties, including implementing additional controls concerning payments to third parties through a proprietary software tool; and (vi) establishing risk assessment and audit processes to regularly review and update the compliance program and otherwise mitigate business risks.
In light of these considerations, as well as Telefónica Venezolana’s and Telefónica’s prior history, which includes a resolution involving a subsidiary of Telefónica, Telefónica Brasil S.A., in an action brought by the Securities and Exchange Commission in 2019 for alleged violations of the accounting provisions of the FCPA, the criminal penalty of $85,260,000 calculated under the U.S. Sentencing Guidelines reflects a 20% reduction off the fifth percentile above the low end of the otherwise applicable guidelines fine range.
IRS-CI and HSI are investigating the case as part of the IRS Global Illicit Financial Team in Washington, D.C.
Senior Litigation Counsel Nicola Mrazek and Trial Attorney Abdus Samad Pardesi of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Jilan Kamal for the Southern District of New York are prosecuting the case.
The Justice Department’s Office of International Affairs and authorities in Panama, Switzerland, and Luxembourg provided assistance in this matter.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting FCPA and Foreign Extortion Prevention Act matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
View the deferred prosecution agreement here.
View the information here.
Telefónica Venezolana to Pay over $85 Million to Resolve Foreign Bribery InvestigationRead the Press Release
Damian Williams, United States Attorney for the Southern District of New York; Nicole M. Argentieri, Principal Deputy Assistant Attorney General for the Criminal Division of the U.S. Department of Justice (“DOJ”); Kareem Carter, Executive Special Agent in Charge of the IRS-CI Washington Field Office; and, Derek W. Gordon, Special Agent in Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”) Washington, D.C., Field Office, announced today that TELEFÓNICA VENEZOLANA, C.A. (“TELEFÓNICA VENEZOLANA”), a Venezuela-based subsidiary of Telefónica, S.A. (“Telefónica”), a publicly traded global telecommunications operator based in Spain, will pay over $85.2 million to resolve an investigation by the DOJ into a scheme to bribe government officials in Venezuela to receive preferential access to U.S. dollars in a currency auction.
TELEFÓNICA VENEZOLANA entered into a deferred prosecution agreement (DPA) in connection with a criminal information filed today in the Southern District of New York charging the company with conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA).
U.S. Attorney Damian Williams said: “Telefónica Venezolana, a subsidiary and agent of a U.S. issuer, agreed to line the pockets of corrupt Venezuelan officials to gain access to U.S. currency and maintain its position in the Venezuelan telecommunications market. Intermediaries then funneled the bribe payments through U.S. correspondent bank accounts. This Office will not tolerate the use and abuse of the U.S. financial system to enrich corrupt foreign officials and those who maintain their market position by appeasing them.”
Principal Deputy Assistant Attorney General Nicole M. Argentieri said: “Telefónica Venezolana bribed Venezuelan government officials to participate in a government auction through which it exchanged Venezuelan bolivars for U.S. dollars. The company concealed the illicit payments by purchasing equipment at inflated prices from two suppliers who paid the bribes on the company’s behalf. Telefónica Venezolana chose to support a corrupt regime to circumvent the difficulties of conducting legal business in Venezuela. This resolution is yet another example of the Justice Department’s commitment to fight corruption and hold companies accountable for their criminal conduct.”
IRS-CI Executive Special Agent in Charge Kareem Carter said: “This case is an example of the IRS Criminal Investigation (CI)’s and our law enforcement partners’ relentless effort to fight corruption and protect United States interests. We are committed to pursuing investigations into corporate fraud in an effort to protect consumers from bearing the costs associated with criminal activity.”
HSI Executive Associate Director Katrina W. Berger said: "Telefónica Venezolana engaged in a complex and criminal financial fraud scheme, in which they bribed Venezuelan government officials to obtain access to U.S. dollars. Thanks to the cooperative efforts of HSI, IRS Criminal Investigations, and the Department of Justice, the perpetrators of this conspiracy will be forced to pay for their illicit actions. HSI will continue to collaborate with our law enforcement partners, at home and overseas, to investigate and bring to justice any corporations engaging in such financial crimes.”
According to court documents and admissions:
In 2014, TELEFÓNICA VENEZOLANA participated in a government-sponsored currency auction in Venezuela that allowed it to exchange its Venezuelan bolivars for U.S. dollars. To ensure its success in the auction, TELEFÓNICA VENEZOLANA recruited two suppliers to make approximately $28.9 million in corrupt payments to an intermediary, knowing that some of those funds would be paid as a “commission” to Venezuelan government officials. To conceal the bribe payments, TELEFÓNICA VENEZOLANA covered the cost of the bribes by purchasing equipment from the two suppliers at inflated prices. As a result of its corrupt payments, TELEFÓNICA VENEZOLANA was permitted to exchange and subsequently received over $110 million through the currency auction, which it used to purchase equipment from the two suppliers it recruited to join the scheme. These funds represented over 65% of the funds that the Venezuelan government awarded in the 2014 currency auction.
As part of the DPA, TELEFÓNICA VENEZOLANA and its corporate parent, Telefónica, have agreed, among other things, to continue cooperating with the DOJ Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Southern District of New York in any ongoing or future criminal investigation arising during the term of the DPA. In addition, TELEFÓNICA VENEZOLANA and Telefónica have also agreed to enhance their compliance program where necessary and appropriate, and to report to the government regarding remediation and implementation of their enhanced compliance program.
The Department reached this resolution with TELEFÓNICA VENEZOLANA based on a number of factors, including, among others, the nature and seriousness of the offense. TELEFÓNICA VENEZOLANA received credit for its cooperation with the Department’s investigation, which included: making regular factual presentations to the Department based on the information learned in the course of TELEFÓNICA VENEZOLANA’s internal investigation; voluntarily making employees based outside the U.S. available for interviews in the U.S.; producing a significant number of documents to the Department, while navigating foreign data privacy and related laws; and collecting, analyzing, and organizing voluminous evidence and information for the Department, accompanied by translations of documents.
However, in the initial phases of the Department’s investigation, TELEFÓNICA VENEZOLANA failed to timely identify, collect, produce, and disclose certain records and important information, which affected investigative efforts by the Department and reduced the impact of TELEFÓNICA VENEZOLANA’s cooperation.
TELEFÓNICA VENEZOLANA also engaged in timely remedial measures, including: disciplining certain employees involved in the relevant misconduct or that were otherwise made aware of the misconduct, including terminating employees; strengthening its anti-corruption compliance program by building and empowering an independent compliance function, appointing a Chief Compliance Officer with direct access to the Audit Committee of the Board of Directors, and investing in additional compliance resources throughout its global operations; overhauling its review and approval process for transactions with non-standard pricing, including by ensuring that the compliance function reviews all such transactions globally; reviewing, enhancing, and testing its broader internal controls for pricing and other transactions with the assistance of a forensic accounting firm; strengthening processes for vetting, engaging, and monitoring third parties, including implementing additional controls concerning payments to third parties through a proprietary software tool; and establishing risk assessment and audit processes to regularly review and update the compliance program and otherwise mitigate business risks.
In light of these considerations, as well as TELEFÓNICA VENEZOLANA and Telefónica’s prior history, which includes a resolution involving a subsidiary of Telefónica, Telefónica Brasil S.A., in an action brought by the Securities and Exchange Commission in 2019 for alleged violations of the accounting provisions of the FCPA, the criminal penalty calculated under the U.S. Sentencing Guidelines reflects a 20% reduction off the fifth percentile above the low end of the otherwise applicable guidelines fine range.
* * *
The IRS-CI and HSI are investigating the case as part of the IRS Global Illicit Financial Team in Washington, D.C.
The case is being prosecuted by Assistant U.S. Attorney Jilan J. Kamal of the Southern District of New York; Senior Litigation Counsel Nicola Mrazek and Trial Attorney Abdus Samad Pardesi of the Criminal Division’s Fraud Section.
The Justice Department’s Office of International Affairs and authorities in Panama, Switzerland, and Luxembourg provided assistance in this matter.
Justice Department Announces Murder-For-Hire and Related Charges Against IRGC Asset and Two Local OperativesRead the Press Release
Shakeri Was Tasked by Iranian Regime with Surveilling and Plotting to Assassinate President-Elect Donald J. Trump
Note: View the criminal complaint here.
Farhad Shakeri, 51, of Iran; Carlisle Rivera, also known as Pop, 49, of Brooklyn, New York; and Jonathon Loadholt, 36, of Staten Island, New York, were charged today in a criminal complaint in connection with their alleged involvement in a plot to murder a U.S. citizen of Iranian origin in New York. Rivera was arrested in Brooklyn, New York, and Loadholt was arrested in Staten Island, New York, yesterday. Shakeri remains at large and is believed to reside in Iran. Rivera and Loadholt made their initial appearance in the Southern District of New York yesterday and were ordered detained pending trial.
“There are few actors in the world that pose as grave a threat to the national security of the United States as does Iran,” said Attorney General Merrick B. Garland. “The Justice Department has charged an asset of the Iranian regime who was tasked by the regime to direct a network of criminal associates to further Iran’s assassination plots against its targets, including President-elect Donald Trump. We have also charged and arrested two individuals who we allege were recruited as part of that network to silence and kill, on U.S. soil, an American journalist who has been a prominent critic of the regime. We will not stand for the Iranian regime’s attempts to endanger the American people and America’s national security.”
“The charges announced today expose Iran's continued brazen attempts to target U.S. citizens, including President-elect Donald Trump, other government leaders and dissidents who criticize the regime in Tehran,” said FBI Director Christopher Wray. “The Islamic Revolutionary Guard Corps — a designated foreign terrorist organization — has been conspiring with criminals and hitmen to target and gun down Americans on U.S. soil and that simply won’t be tolerated. Thanks to the hard work of the FBI, their deadly schemes were disrupted. We're committed to using the full resources of the FBI to protect our citizens from Iran or any other adversary who targets Americans.”
“Actors directed by the Government of Iran continue to target our citizens, including President-elect Trump, on U.S. soil and abroad. This has to stop,” said U.S. Attorney Damian Williams for the Southern District of New York. “Today’s charges are another message to those who continue in their efforts – we will remain unrelenting in our pursuit of bad actors, no matter where they reside, and will stop at nothing to bring to justice those who harm our safety and security. I want to thank the career prosecutors of this office and our law enforcement partners for their ongoing work in this and related investigations. They are truly the best of the best and work tirelessly to keep our country safe.”
According to the complaint and other public statements and filings, the Government of the Islamic Republic of Iran (the Government of Iran) is actively targeting nationals of the United States and its allies living in countries around the world for attacks, including assault, kidnapping, and murder, both to repress and silence dissidents critical of the Iranian regime and to take vengeance for the January 2020 death of then-Commander of the Islamic Revolutionary Guard Corps (IRGC) Qods Force (IRGC-QF), Qasem Soleimani, who was killed by a U.S. drone strike in Baghdad. The IRGC is an Iranian military and counterintelligence agency under the authority of Iran’s Supreme Leader, comprised of components including an external operations force, the IRGC-QF, and has been designated as a foreign terrorist organization by the U.S. Secretary of State since April 15, 2019. The IRGC has publicly stated its desire to avenge the death of Soleimani, and, among its activities, the IRGC plots and conducts attack operations outside Iran targeting U.S. citizens residing in the United States and abroad.
Shakeri is an IRGC asset residing in Tehran, Iran. Shakeri immigrated to the United States as a child and was deported in or about 2008 after serving 14 years in prison for a robbery conviction. In recent months, Shakeri has used a network of criminal associates he met in prison in the United States to supply the IRGC with operatives to conduct surveillance and assassinations of IRGC targets. Two members of Shakeri’s network are his co-defendants, Loadholt and Rivera. At Shakeri’s instruction, Loadholt and Rivera have spent months surveilling a U.S. citizen of Iranian origin residing in the United States (Victim-1). Victim-1 is an outspoken critic of the Iranian regime and has been the target of multiple prior plots for kidnapping and/or murder directed by the Government of Iran. In exchange for Shakeri’s promise of $100,000, Rivera and Loadholt repeatedly sought to locate Victim-1 for murder.
During their efforts to locate and kill Victim-1, Shakeri, Loadholt, and Rivera shared messages about their progress and photographs relating to their scheme. For example, in or about February 2024, Rivera and Loadholt messaged about an incoming payment from Shakeri, and then traveled to Fairfield University, where Victim-1 was scheduled to appear, and took photographs on campus. In or about April, Shakeri sent Rivera a series of voice notes discussing their efforts to locate and kill Victim-1. In one voice note, Shakeri told Rivera that Victim-1 spent most of her time in particular locations of her home, and told Rivera that “you just gotta have patience … You gotta wait and have patience to catch her either going in the house or coming out, or following her out somewhere and taking care of it. Don’t think about going in. In is a suicide move.” On several occasions over the last several months, consistent with this instruction from Shakeri, Rivera and/or Loadholt have surveilled a location in Brooklyn that they had identified as associated with Victim-1.
In addition, according to statements made by Shakeri in recorded interviews with law enforcement agents, the IRGC has also tasked Shakeri with carrying out other assassinations against U.S. and Israeli citizens located in the United States. In particular, Shakeri has informed law enforcement that he was tasked on Oct. 7, 2024, with providing a plan to kill President-elect Donald J. Trump. During the interview, Shakeri claimed he did not intend to propose a plan to kill Trump within the timeframe set by the IRGC. He also stated he was tasked with surveilling two Jewish American citizens residing in New York City and offered $500,000 by an IRGC official for the murder of either victim. He was also tasked with targeting Israeli tourists in Sri Lanka.
Shakeri, Rivera, and Loadholt have all been charged with murder-for-hire, which carries a maximum penalty of 10 years in prison; conspiracy to commit murder-for-hire, which carries a maximum penalty of 10 years in prison; and money laundering conspiracy, which carries a maximum penalty of 20 years in prison.
Shakeri has also been charged with conspiring to provide material support to a foreign terrorist organization, which carries a maximum penalty of 20 years in prison; providing material support to a foreign terrorist organization, which carries a maximum penalty of 20 years in prison; and conspiracy to violate the International Emergency Economic Powers Act and sanctions against the Government of Iran, which carries a maximum penalty of 20 years in prison. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI New York Field Office is investigating the case. The U.S. Customs and Border Protection New York Field Office and Drug Enforcement Administration New York Division assisted in the investigation.
Assistant U.S. Attorneys Jacob H. Gutwillig and Michael Lockard and Special Assistant U.S. Attorney Julie Isaacson for the Southern District of New York, Trial Attorneys Dmitry Slavin of the National Security Division’s Counterterrorism Section, and Christopher Rigali and Leslie Esbrook of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
A complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Announces Murder-For-Hire and Related Charges Against IRGC Asset and Two Local OperativesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Merrick B. Garland, the Attorney General of the United States, Christopher A. Wray, the Director of the Federal Bureau of Investigation (“FBI”), James E. Dennehy, Assistant Director in Charge of the FBI New York Field Office, and David Sundberg, Assistant Director in Charge of the FBI Washington Field Office, announced today the filing of murder-for-hire and related charges against FARHAD SHAKERI, CARLISLE RIVERA, a/k/a “Pop,” and JONATHAN LOADHOLT in connection with their involvement in a plot to murder a U.S. citizen of Iranian origin in New York. RIVERA was arrested in Brooklyn, New York yesterday. SHAKERI remains at large and is believed to reside in Iran. RIVERA and LOADHOLT were presented before U.S. Magistrate Judge Jennifer Willis in the Southern District of New York yesterday and ordered detained pending trial.
U.S. Attorney Damian Williams said: “Actors directed by the Government of Iran continue to target our citizens, including President-elect Trump, on U.S. soil and abroad. This has to stop. Today’s charges are another message to those who continue in their efforts – we will remain unrelenting in our pursuit of bad actors, no matter where they reside, and will stop at nothing to bring to justice those who harm our safety and security. I want to thank the career prosecutors of this Office and our law enforcement partners for their ongoing work in this and related investigations. They are truly the best of the best and work tirelessly to keep our country safe.”
Attorney General Merrick B. Garland said: “There are few actors in the world that pose as grave a threat to the national security of the United States as does Iran. The Justice Department has charged an asset of the Iranian regime who was tasked by the regime to direct a network of criminal associates to further Iran’s assassination plots against its targets, including President-elect Donald J. Trump. We have also charged and arrested two individuals who we allege were recruited as part of that network to silence and kill, on U.S. soil, an American journalist who has been a prominent critic of the regime. We will not stand for the Iranian regime’s attempts to endanger the American people and America’s national security.”
FBI Director Christopher A. Wray said: “The charges announced today expose Iran’s continued brazen attempts to target U.S. citizens, including President-elect Donald J. Trump, other government leaders, and dissidents who criticize the regime in Tehran. The Islamic Revolutionary Guard Corps – a designated foreign terrorist organization – has been conspiring with criminals and hitmen to target and gun down Americans on U.S. soil and that simply won’t be tolerated. Thanks to the hard work of the FBI, their deadly schemes were disrupted. We’re committed to using the full resources of the FBI to protect our citizens from Iran or any other adversary who targets Americans.”
FBI Assistant Director in Charge James E. Dennehy said: “These individuals allegedly plotted to murder an American citizen – on our soil – at the direction of a foreign terrorist organization, the IRGC. This case is an example of yet another flagrant attempt by the Government of Iran, not merely to silence those who speak out against them, but to take the lives of American citizens exercising their constitutionally protected rights here in this country. As we remain unwavering in our mission to protect the American people, the FBI will continue to aggressively pursue justice against anyone attempting to use violence to violate our freedoms and way of life.”
FBI Assistant Director in Charge David Sundberg said: “The charges announced today further demonstrate the IRGC's continued campaign to silence and kill Americans who criticize the Iranian regime. Through collaboration with FBI New York's Joint Terrorism Task Force and federal prosecutors at the Justice Department and the U.S. Attorney’s Office, we have successfully disrupted the defendants’ alleged plots to fulfill Iran’s goals of permanently eliminating voices of opposition. We vow to continue to work with our partners to stop IRGC operatives and associates who seek to harm our citizens on our soil.”
According to the allegations contained in the Complaint charging the defendants and other public statements and filings:[1]
The Government of the Islamic Republic of Iran (the “Government of Iran”) is actively targeting nationals of the United States and its allies living in countries around the world for attacks, including assault, kidnapping, and murder, both to repress and silence dissidents critical of the Iranian regime and to take vengeance for the January 2020 death of then-Commander of the Islamic Revolutionary Guard Corps (“IRGC”) Qods Force (“IRGC-QF”), Qasem Soleimani, who was killed by a U.S. drone strike in Baghdad. The IRGC is an Iranian military and counterintelligence agency under the authority of Iran’s Supreme Leader, comprised of components including an external operations force, the IRGC-QF, and has been designated as a foreign terrorist organization by the U.S. Secretary of State since April 15, 2019. The IRGC has publicly stated its desire to avenge the death of Soleimani, and, among its activities, the IRGC plots and conducts attack operations outside Iran targeting U.S. citizens residing in the United States and abroad.
SHAKERI is an IRGC asset residing in Tehran, Iran. SHAKERI immigrated to the United States as a child and was deported in or about 2008 after serving 14 years in prison for a robbery conviction. In recent months, SHAKERI has used a network of criminal associates he met in prison in the United States to supply the IRGC with operatives to conduct surveillance and assassinations of IRGC targets. Two members of SHAKERI’s network are his co-defendants, LOADHOLT and RIVERA. At SHAKERI’s instruction, LOADHOLT and RIVERA have spent months surveilling a U.S. citizen of Iranian origin residing in the United States (“Victim-1”). Victim-1 is an outspoken critic of the Iranian regime and has been the target of multiple prior plots for kidnapping and/or murder directed by the Government of Iran. In exchange for SHAKERI’s promise of $100,000, RIVERA and LOADHOLT repeatedly sought to locate Victim-1 for murder.
During their efforts to locate and kill Victim-1, SHAKERI, LOADHOLT, and RIVERA shared messages about their progress and photographs relating to their scheme. For example, in or about February 2024, RIVERA and LOADHOLT messaged about an incoming payment from SHAKERI, and then traveled to Fairfield University, where Victim-1 was scheduled to appear, and took photographs on campus. In or about April 2024, SHAKERI sent RIVERA a series of voice notes discussing their efforts to locate and kill Victim-1. In one voice note, SHAKERI told RIVERA that Victim-1 spent most of her time in particular locations of her home, and told RIVERA that “you just gotta have patience . . . You gotta wait and have patience to catch her either going in the house or coming out, or following her out somewhere and taking care of it. Don’t think about going in. In is a suicide move.” On several occasions over the last several months, consistent with this instruction from SHAKERI, RIVERA and/or LOADHOLT have surveilled a location in Brooklyn that they had identified as associated with Victim-1.
In addition, according to statements made by Shakeri in recorded interviews with law enforcement agents, the IRGC has also tasked Shakeri with carrying out other assassinations against U.S. and Israeli citizens located in the United States. In particular, Shakeri has informed law enforcement that he was tasked on October 7, 2024, with providing a plan to kill President-elect Donald J. Trump. During the interview, Shakeri claimed he did not intend to propose a plan to kill Trump within the timeframe set by the IRGC. He also stated he was tasked with surveilling two Jewish American citizens residing in New York City and offered $500,000 by an IRGC official for the murder of either victim. He was also tasked with targeting Israeli tourists in Sri Lanka.
* * *
SHAKERI, 51, of Iran, RIVERA, 49, of Brooklyn, New York, and LOADHOLT, 36, of Staten Island, New York, have all been charged with murder-for-hire, which carries a maximum penalty of 10 years in prison; conspiracy to commit murder-for-hire, which carries a maximum penalty of 10 years in prison; and money laundering conspiracy, which carries a maximum penalty of 20 years in prison.
SHAKERI has also been charged with conspiring to provide material support to a foreign terrorist organization, which carries a maximum penalty of 20 years in prison; providing material support to a foreign terrorist organization, which carries a maximum penalty of 20 years in prison; and conspiracy to violate the International Emergency Economic Powers Act and sanctions against the Government of Iran, which carries a maximum penalty of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant would be imposed by a judge.
Mr. Williams praised the outstanding investigative work of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents and analysts from the FBI and detectives from the New York City Police Department, and the FBI Washington Field Office. Mr. Williams also thanked the Department of Justice’s National Security Division, U.S. Customs and Border Protection New York Field Office, the Drug Enforcement Administration New York Division, and the New York State Police.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Jacob Gutwillig and Michael Lockard, and Special Assistant U.S. Attorney Julie Isaacson are in charge of the prosecution, with assistance from National Security Division Trial Attorneys Dmitry Slavin of the Counterterrorism Section, and Christopher Rigali and Leslie Esbrook of the Counterintelligence and Export Control Section.
The charges in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Bronx Man Sentenced to Life in Prison for December 2021 MurderRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that RICARDO FERGUSON, a/k/a “Maybach,” was sentenced to life in prison by U.S. District Court Judge Richard M. Berman for the December 5, 2021 murder of Robert Brown, Sr., inside of Aqueduct Park in the Bronx. FERGUSON was convicted of murder, robbery, and drug charges following a six-day trial in June 2024. FERGUSON shot Brown in the head and attempted steal crack cocaine from Brown during a dispute over drugs.
U.S. Attorney Damian Williams said: “Ricardo Ferguson used violence and intimidation to maintain control over his drug operation. In furtherance of that drug operation, he executed Robert Brown in a public park, in broad daylight, in front of several witnesses. For this senseless act of violence, Ferguson will spend the rest of his life in prison. Today’s sentence fittingly underscores the craven nature of Ferguson’s actions. We will continue to aggressively pursue justice in cases involving such wanton acts of violence. I want to thank our law enforcement partners and the career prosecutors from this Office for their tireless efforts in pursuing justice in this case.”
According to the allegations in the Indictment and evidence at trial:
FERGUSON and others participated in a conspiracy to distribute crack cocaine in the vicinity of Aqueduct Park in the University Heights neighborhood of the Bronx. In the months leading up to the murder, FERGUSON and his co-conspirators threatened Robert Brown, Sr. because Brown had been selling bags containing larger quantities of crack cocaine than the other dealers in the park. On December 5, 2021, FERGUSON and a co-conspirator attacked and attempted to rob Brown in Aqueduct Park. During the attempted robbery, and physical attack, FERGUSON pulled out a gun and shot Brown in the head. Brown was 63 years old at the time of the murder.
* * *
In addition to the prison term, FERGUSON was sentenced to 120 months to run consecutive to the sentence of life in prison, and five years of supervised release.
Mr. Williams praised the outstanding investigative work of the New York City Police Department (“NYPD”), the Special Agents and NYPD Task Force Officers from the Special Investigations Division assigned to the Southern District of New York, and the New York/New Jersey High Intensity Drug Trafficking Area analysts.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Dominic Gentile, Jun Xiang, Mathew Andrews, and Peter Davis are in charge of the prosecution, with the assistance of Paralegal Specialist Ananya Sankar.
Owner and Senior Executive of New York Contracting Company Plead Guilty to Paying Kickbacks to Obtain Construction Contracts from A Fortune 500 CompanyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that TROY CARUSO, the owner and chief executive officer of a commercial construction and contracting company headquartered in New York, New York (the “Contracting Company”), and JOHN NOLAN, a senior executive at the Contracting Company, pled guilty Friday, November 1, 2024, to conspiring to commit honest services wire fraud in connection with their scheme to pay kickbacks to a senior project manager at a Fortune 500 real estate services firm in order to obtain contracting work. CARUSO and NOLAN pled guilty before U.S. District Judge Lewis J. Liman, who is scheduled to sentence CARUSO on February 12, 2025, and NOLAN on February 13, 2025.
U.S. Attorney Damian Williams said: “Corruption has no place in our business landscape. Troy Caruso and John Nolan sought to exploit the system for their own benefit, but today’s outcome shows that integrity will prevail. This Office is dedicated to ensuring that the integrity of our contracting processes is upheld, and we will relentlessly pursue those who engage in such dishonest schemes.”
According to the documents filed in this case, including the Indictment and the plea agreements of CARUSO and NOLAN, and statements made in Court:
From at least in or about February 2021, up to and including in or about September 2023, CARUSO and NOLAN agreed to pay, and did pay, kickbacks to an employee of a global and publicly traded commercial real estate services company (the “Real Estate Firm”) in exchange for assistance and preferential treatment so that the Contracting Company would be awarded projects managed by the Real Estate Firm (the “Kickback Scheme”).
In or about March 2021, CARUSO and NOLAN were introduced by an individual (“CC-1”) to a senior project manager at the Real Estate Firm (“CC-2”). CC-2 managed the process by which contracting companies bid for, and were awarded, contracts to work on construction projects for various of the Real Estate Firm’s clients. Beginning in or about March 2021, because of the Kickback Scheme, CC-2 took a series of actions CC-2 otherwise would not have taken to ensure that the Contracting Company was awarded a pre-construction contract and a construction contract relating to a certain project (“Project-1”), which was managed by the Real Estate Firm on behalf of its client, a health services business that provides hospital, medical, and other health services to patients. For example, CC-2 ensured that the Contracting Company was on the Real Estate Firm’s “bid list” so that it could submit bids relating to Project-1 that it otherwise could not have submitted. CC-2 also provided non-public information to CARUSO and NOLAN about the bidding process, and recommended the Contracting Company for both the pre-construction contract and the construction contract relating to Project-1. As a result of the Kickback Scheme and CC-2’s actions, the Contracting Company was awarded the pre-construction and construction contracts for Project-1, the latter of which was valued at approximately $3.55 million (to be paid to the Contracting Company).
In exchange for CC-2’s assistance and preferential treatment, CARUSO and NOLAN agreed to pay kickbacks to CC-2 in the amount of approximately one percent of the construction value of any project managed by the Real Estate Firm that resulted in a contract award to the Contracting Company. Accordingly, CARUSO and NOLAN agreed to pay CC-2 approximately $35,500 for Project-1, and ultimately paid CC-2 approximately $33,000 in kickbacks for CC-2’s assistance on Project-1. Most of these payments were made in cash at locations around New York City. CARUSO and NOLAN also paid CC-1 approximately $15,000 for CC-1’s assistance in the Kickback Scheme, which included connecting CC-2 with CARUSO and NOLAN.
CARUSO and NOLAN attempted to obtain additional contracts from the Real Estate Firm, with CC-2’s assistance as part of the Kickback Scheme. Between in or about 2022 and in or about 2023, in exchange for CARUSO and NOLAN’s promise of payment for any contract awarded to the Contracting Company, CC-2 provided CARUSO and NOLAN with assistance relating to two additional construction projects managed by the Real Estate Firm that did not result in contract awards to the Contracting Company.
* * *
CARUSO, 57, of Smithtown, New York, and Ludlow, Vermont, and NOLAN, 43, of Brooklyn, New York, each pled guilty to one count of honest services wire fraud conspiracy, which carries a maximum sentence of 20 years in prison.
The statutory maximum penalty is prescribed by Congress and is provided here for informational purposes only, as the defendants’ sentences will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the Special Agents and the Task Force Officers of the U.S. Attorney’s Office for the Southern District of New York. Mr. Williams also thanked the Federal Bureau of Investigation for their assistance in the investigation.
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorney Jane Kim is in charge of the prosecution.
Leader of International Stock Manipulation Ring Pleads GuiltyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that RONALD BAUER pled guilty to conspiring to commit securities fraud in connection with his role in a long-running “pump-and-dump” stock manipulation scheme. BAUER pled guilty before U.S. District Judge Paul A. Engelmayer and is scheduled to be sentenced on May 20, 2025.
U.S. Attorney Damian Williams said: “For years, Ronald Bauer orchestrated a sprawling ‘pump-and-dump’ scheme involving the shares of numerous U.S.-based issuers that preyed on ordinary, retail investors. While Bauer and his co-conspirators lived outside of the United States, they took advantage of the U.S. markets to perpetrate their fraud and reaped millions upon millions in profits at the expense of the victims. Today’s guilty plea should send a clear message that this Office is committed to holding market manipulators accountable no matter how hard they try to conceal their crimes.”
According to allegations in the Indictment, public filings, and statements made in court:
BAUER, a/k/a “Patek,” a citizen of Canada and the United Kingdom who resided in the United Kingdom, orchestrated numerous “pump-and-dump” schemes, controlling various aspects of the plans. The Securities and Exchange Commission (“SEC”) had previously filed securities fraud claims against BAUER in 2005 for engaging in an alleged market manipulation scheme that was alleged to have issued false and misleading press releases while secretly dumping tens of millions of shares into the inflated market that BAUER and his associates had created. In 2006, without admitting or denying the allegations, BAUER consented to the entry of a judgment against him providing for injunctive relief, barring BAUER from serving as an officer or director of a public company or participating in an offering of penny stock for a period of five years, and payment of disgorgement of $840,000.
As he admitted in connection with his guilty plea, BAUER and his co-conspirators participated in a conspiracy to commit securities fraud with respect to seven issuers: Cantabio Pharmaceuticals Inc. (CTBO) (previously Lion Consulting Group (LIOC)); Virtus Oil and Gas Corp. (VOIL) (previously Curry Gold Corp. (CURGD)); Steampunk Wizards (SPWZ) (previously Freedom Petroleum (FPET)); Black Stallion Oil and Gas Inc. (BLKG) (previously Secure IT Corp.); PetroTerra Corp. (previously Loran Connection Corp (LRNC)); Black River Petroleum (BRPC) (previously American Copper Corp. (AMCU)); and Cyberfort Software Inc. (CYBF) (previously Patriot Berry Farms (PBFI)) (collectively, the “Issuers”).
To perpetrate the “pump-and-dump” scheme, BAUER and his co-conspirators obtained ownership and control of all or the vast majority of the unrestricted (i.e., free trading) stock of the Issuers. BAUER and his co-conspirators sought to conceal their beneficial ownership of these controlling interests in the shares of the Issuers by causing their shares to be distributed to and divided amongst nominee entities that had been established by a Swiss corporation called Blacklight, S.A. These entities were nominally owned by unrelated third parties but were, in fact, controlled by BAUER or his co-conspirators. Thereafter, BAUER and his co-conspirators retained trading authority over the blocks of shares of the Issuers held by the Blacklight nominee entities and BAUER regularly provided trading instructions with respect to these shares to executives or employees at Blacklight. In addition, BAUER and his co-conspirators effectively controlled or otherwise maintained significant influence over the management of the Issuers during the “pump-and-dump” scheme.
At times, BAUER and his co-conspirators caused nominees to engage in “match trades”—i.e., place both buy and sell orders in the same stock on the same day—for no legitimate economic purpose. Furthermore, BAUER and his co-conspirators financed and coordinated promotional campaigns touting the Issuers to stoke trading interest in the Issuers’ stock, though without publicly disclosing their relationship to the promotional campaigns, their controlling interest, or their intent to sell a significant percentage of their holdings into the buying interest that they intended the promotional campaigns would generate. BAUER and his co-conspirators took steps to conceal the fact that the nominee entities they controlled were the true funding source for the promotional campaigns.
During or shortly after the promotional campaigns, BAUER and his co-conspirators caused the Blacklight nominee entities to engage in trading activity in the Issuers’ stock, including selling a large percentage of their holdings of the Issuers’ stock, then caused the Blacklight nominee entities they controlled to remit to them the proceeds of the stock sales.
* * *
BAUER, 49, of London, United Kingdom, pled guilty to one count of conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison. As part of his guilty plea, a money judgment in the amount of $4,377,228.74 was entered against BAUER.
The maximum potential sentence in this case is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding work of the Federal Bureau of Investigation. He further thanked the Justice Department’s Office of International Affairs of the Department’s Criminal Division, as well as authorities in the United Kingdom, in particular the Crown Prosecution Service’s National Extradition Unit. Finally, Mr. Williams also thanked the Securities and Exchange Commission, which separately initiated civil proceedings against BAUER.
The case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Jason Richman, Matthew R. Shahabian, Noah Solowiejczyk, and Vladislav Vainberg are in charge of the prosecution.
Cholo Abdi Abdullah Convicted for Conspiring to Commit 9/11-Style Attack at the Direction of Al ShabaabRead the Press Release
A jury returned a guilty verdict today against Cholo Abdi Abdullah, 34, on all six counts in the indictment, which included conspiring to provide, and providing, material support to a foreign terrorist organization; and conspiring to murder U.S. nationals, commit aircraft piracy, destroy aircraft, and commit transnational acts of terrorism. Abdullah is scheduled to be sentenced on March 10, 2025.
“The jury found that Cholo Abdi Abdullah, an operative of the terrorist organization al Shabaab, conspired to murder Americans in a terrorist attack reminiscent of the September 11 attack on our country,” said Attorney General Merrick B. Garland. “Today’s conviction ensures that Abdullah will spend decades in prison for his crimes. The Justice Department will never stop working to identify, investigate, and prosecute those who would use heinous acts of violence to harm the American people. It does not matter where terrorists hide, they will not evade the long arm of the law.”
“Today, the jury returned a unanimous verdict holding Cholo Abdi Abdullah responsible for trying to replicate one of history’s most heinous acts of terrorism,” said U.S. Attorney Damian Williams for the Southern District of New York. “Abdullah trained with al Shabaab for months in Somalia to become a deadly terrorist, and then spent months at flight school preparing to hijack a commercial aircraft to crash it into a building in the United States. Abdullah relentlessly pursued his goals and was on the cusp of getting a commercial pilot license while conducting extensive attack planning, such as how to breach an airplane cockpit door. I commend the tireless work of our federal law enforcement partners and the career national security prosecutors of this office. This effort has been carried forward by generations of agents and prosecutors who never relented in their effort to bring Abdullah to justice and keep this nation safe. Thanks to their work and today’s verdict, Abdullah will now serve a lengthy sentence in federal prison.”
According to the indictment and the evidence presented at trial, Abdullah was an operative for the foreign terrorist organization Harakat al-Shabaab al-Mijahideen, commonly known as “al Shabaab,” based in Somalia. After training with al Shabaab for months with AK-47 assault rifles and explosives at a series of safe houses in Somalia, Abdullah participated in a plot to hijack a commercial aircraft and crash it into a building in the U.S. He spent months at a flight school in the Philippines working toward a commercial pilot license, and researched how to obtain pilot jobs, targets such as the tallest buildings in a major American city, transit visas to the U.S., and how to open a cockpit door from the outside. Abdullah also sent encrypted messages reporting his progress to his al Shabaab handler, including his extensive research on post-September 11 hijackings.
Abdullah conspired to commit this attack on behalf Al Shabaab, which has sworn allegiance to al Qaeda and is responsible for numerous deadly terrorist attacks, including attacks that have claimed American lives. Starting in or about 2019, al Shabaab embarked on a string of terrorist attacks as part of an operation in response to the U.S.’s decision to move its embassy in Israel to Jerusalem, which the group has dubbed “Operation Jerusalem Will Never be Judaized.” In particular, these terrorist attacks perpetrated by al Shabaab included an attack on Jan. 15, 2019, at a hotel in Nairobi, Kenya, which resulted in the deaths of approximately 21 people, including a U.S. national and survivor of al Qaeda’s September 11 attack on the World Trade Center in New York; a Sept. 30, 2019, attack on a U.S. military facility in Somalia; and a Jan. 5, 2020, attack on another U.S. facility in Kenya, in which three Americans were killed.
Abdullah was convicted on six counts: conspiring to provide material support to a foreign terrorist organization, for which he faces a maximum penalty of 20 years in prison; providing material support to a foreign terrorist organization, for which he faces a maximum penalty of 20 years in prison; conspiring to murder U.S. nationals, for which he faces a maximum penalty of life in prison; conspiring to commit aircraft piracy, for which he faces a mandatory minimum penalty of 20 years in prison and a maximum penalty of life in prison; conspiring to destroy aircraft, for which he faces a maximum penalty of 20 years in prison; and conspiring to commit acts of terrorism transcending national boundaries, for which he faces a maximum penalty of life in prison.
The FBI New York Field Office’s Joint Terrorism Task Force investigated the case.
The Justice Department also thanks the FBI Legal Attaché Offices in Nairobi, Kenya, and Manila, Philippines; the FBI’s Hudson Valley Resident Agency; the Office of International Affairs of the Department of Justice’s Criminal Division; the U.S. Department of Defense; the Kenyan Directorate of Criminal Investigations, including the Anti-Terrorism Police Unit and the Joint Terrorism Task Force-Kenya; the Office of the Director of Public Prosecutions in Kenya; the Philippine National Police; the Philippine Department of Justice; the Joint Terrorism Financial Investigations Group-Philippines; and the Philippine Bureau of Immigration, for their assistance.
Assistant U.S. Attorneys Nicholas S. Bradley and Jonathan L. Bodansky for the Southern District of New York and Trial Attorney John Cella of the National Security Division's Counterterrorism Section are prosecuting the case.
Cholo Abdi Abdullah Convicted for Conspiring to Commit 9/11-Style Attack at the Direction of Al ShabaabRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that a jury returned a guilty verdict against CHOLO ABDI ABDULLAH on all six counts in the Indictment, which included conspiring to provide, and providing, material support to a foreign terrorist organization; and conspiring to murder U.S. nationals, commit aircraft piracy, destroy aircraft, and commit transnational acts of terrorism. ABDULLAH is scheduled to be sentenced on March 10, 2025.
U.S. Attorney Damian Williams said: “Today, the jury returned a unanimous verdict holding Cholo Abdi Abdullah responsible for trying to replicate one of history’s most heinous acts of terrorism. Abdullah trained with al Shabaab for months in Somalia to become a deadly terrorist, and then spent months at flight school preparing to hijack a commercial aircraft to crash it into a building in the United States. Abdullah relentlessly pursued his goals and was on the cusp of getting a commercial pilot license while conducting extensive attack planning, such as how to breach an airplane cockpit door. I commend the tireless work of our federal law enforcement partners and the career national security prosecutors of this Office. This effort has been carried forward by generations of agents and prosecutors who never relented in their effort to bring Abdullah to justice and keep this nation safe. Thanks to their work and today’s verdict, Abdullah will now serve a lengthy sentence in federal prison.”
As reflected in the Indictment and the evidence presented at trial:
ABDULLAH was an operative for the foreign terrorist organization Harakat al-Shabaab al-Mijahideen, commonly known as “al Shabaab,” based in Somalia. After training with al Shabaab for months with AK-47 assault rifles and explosives at a series of safe houses in Somalia, ABDULLAH participated in a plot to hijack a commercial aircraft and crash it into a building in the U.S. He spent months at a flight school in the Philippines working toward a commercial pilot license, and researched how to obtain pilot jobs, targets such as the tallest buildings in a major American city, transit visas to the U.S., and how to open a cockpit door from the outside. ABDULLAH also sent encrypted messages reporting his progress to his al Shabaab handler, including his extensive research on post-September 11th hijackings.
ABDULLAH conspired to commit this attack on behalf Al Shabaab, which has sworn allegiance to al Qaeda and is responsible for numerous deadly terrorist attacks, including attacks that have claimed American lives. Starting in or about 2019, al Shabaab embarked on a string of terrorist attacks as part of an operation in response to the U.S.’s decision to move its embassy in Israel to Jerusalem, which the group has dubbed “Operation Jerusalem Will Never be Judaized.” In particular, these terrorist attacks perpetrated by al Shabaab included an attack on January 15, 2019 at a hotel in Nairobi, Kenya, which resulted in the deaths of approximately 21 people, including a U.S. national and survivor of al Qaeda’s 9/11 attack on the World Trade Center in New York, New York; a September 30, 2019 attack on a U.S. military facility in Somalia; and a January 5, 2020, attack on another U.S. facility in Kenya, in which three Americans were killed.
* * *
ABDULLAH, 34, was convicted on six counts: conspiring to provide material support to a foreign terrorist organization, which carries a maximum term of 20 years in prison; providing material support to a foreign terrorist organization, which carries a maximum term of 20 years in prison; conspiring to murder U.S. nationals, which carries a maximum term of life in prison; conspiring to commit aircraft piracy, which carries a mandatory minimum of 20 years in prison and a maximum term of life in prison; conspiring to destroy aircraft, which carries a maximum term of 20 years in prison; and conspiring to commit acts of terrorism transcending national boundaries, which carries a maximum sentence of life in prison.
Mr. Williams praised the outstanding efforts of the Federal Bureau of Investigation’s (“FBI”) New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department (“NYPD”). Mr. Williams also thanked the FBI Legal Attaché Offices in Nairobi, Kenya, and Manila, Philippines; the FBI’s Hudson Valley Resident Agency; the New York State Police; the Counterterrorism Section of the Department of Justice’s National Security Division; the Office of International Affairs of the Department of Justice’s Criminal Division; the U.S. Department of Defense; the Kenyan Directorate of Criminal Investigations, including the Anti-Terrorism Police Unit and the Joint Terrorism Task Force-Kenya; the Office of the Director of Public Prosecutions in Kenya; the Philippine National Police; the Philippine Department of Justice; the Joint Terrorism Financial Investigations Group-Philippines; and the Philippine Bureau of Immigration, for their assistance.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Nicholas S. Bradley and Jonathan L. Bodansky are in charge of the prosecution, with assistance from paralegal specialist Sabrina Jim Munoz and trial attorney John Cella of the Counterterrorism Section of the National Security Division.
Statement of U.S. Attorney Damian Williams on the Guilty Plea of Fourth Defendant in Connection with Poisoning of Four Children at A Bronx DaycareRead the Press Release
“Grei Mendez has just admitted she conspired to maintain and distribute large quantities of dangerously toxic fentanyl in a Bronx Daycare center, a place where parents expected their children would be protected and safe. Mendez’s reprehensible conduct resulted in the needless and tragic death of a child, and the poisoning of three others. From the beginning, this case has shown the senseless collateral damage caused by the fentanyl epidemic, and should remind us all that the demand for illegal narcotics so often puts innocent bystanders at risk while drug traffickers ruthlessly pursue profits. This Office will continue to protect New Yorkers from the grave threat fentanyl presents.”
Own Every Dollar Gang Member Sentenced to 25 Years in Prison for 2022 MurderRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that MAYOVANEX RODRIGUEZ, a/k/a “Menorcito,” was sentenced today to 25 years in prison for his criminal activities as a member of the violent Own Every Dollar (“OED”) gang, including the 2022 murder of Anthony Savarese. RODRIGUEZ previously pled guilty to racketeering conspiracy, murder through use of a firearm, and narcotics conspiracy before U.S. District Judge J. Paul Oetken, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Mayovanex Rodriguez murdered Anthony Savarese in cold blood. Our office will not rest in seeking justice for victims of violent crime, and today’s sentence sends a message to members of the Own Every Dollar gang and other violent gangs in the city that no one is above the law.”
As alleged in the Indictment and statements made in public filings and public court proceedings:
RODRIGUEZ is a member of the violent OED gang, a subset of the Trinitarios gang based in and around the Washington Heights area of Manhattan. The indictments in this case charge 24 members and associates of OED with numerous violent crimes, including five murders and 15 attempted murders.
On February 7, 2022, shortly after midnight, RODRIGUEZ attempted to commit a gunpoint robbery of 41-year-old Anthony Savarese on Andrews Avenue between West 183rd Street and West Fordham Road in the Bronx. During the attempted robbery, RODRIGUEZ shot Savarese in the head from point-blank range, killing him.
10 other defendants have previously pled guilty in the case.
* * *
In addition to the prison term, RODRIGUEZ, 30, of the Bronx, New York, was sentenced to three years of supervised release.
Mr. Williams praised the outstanding work of the New York City Police Department and the Drug Enforcement Administration.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Sarah L. Kushner, Kevin Mead, Ashley C. Nicolas, and Alexandra Messiter are in charge of the prosecution.
New Jersey Man Charged for Multi-Year, Multi-Million Dollar FraudRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”); Thomas Fattorusso, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”); and Francis J. Russo, the Director of the New York Field Office of U.S. Customs and Border Protection (“CBP”), announced today the arrest of ARSEN LUSHER, who orchestrated a scheme to defraud more than 20 investors of more than $5 million between 2017 and 2021. LUSHER was arrested earlier today and will be presented this afternoon before U.S. Magistrate Judge Gary Stein.
U.S. Attorney Damian Williams said: “For years, the defendant allegedly solicited investors’ funds by representing that he had a hugely profitable trucking business. That wasn’t true, and the defendant instead allegedly used the funds to run a classic Ponzi scheme, enriching himself along the way. When luck ran out, the victims sustained millions of dollars in losses. Today’s arrest serves as a stark reminder that the illusion of success built on fraud and deceit will inevitably fail.”
FBI Assistant Director James E. Dennehy said: “For four years, Arsen Lusher allegedly defrauded numerous victims of more than $5 million by cycling their investments to conceal the business’s inability to produce its promised returns, and altered official tax documents to reflect inflated balances in furtherance of this ploy. The alleged empty assurances allowed the defendant to wrongfully haul in funding from investors and selfishly benefit from their losses. The FBI will continue to disrupt and hit the brakes on any investment scheme rooted in deceit.”
IRS-CI Special Agent in Charge Thomas Fattorusso said: “It’s alleged Lusher acted with impunity for years, deceiving over 20 investors out of more than five million dollars. He created a ‘get-rich-quick’ scheme, then sold his victims a dream of high-returns on their investment. Instead of a profit, investors were left with a loss of money and of trust. Today’s arrest ensures that Lusher can now be held accountable for his alleged fraud.”
CBP Director Francis J. Russo said: “U.S. Customs and Border Protection is proud to have played an important role in this investigation that resulted in the takedown of an elaborate conspiracy to defraud the United States. This case serves as a great example of how collaborative law enforcement efforts can dismantle nefarious enterprises that cause economic harm to their competitors.”
According to the allegations in the Complaint unsealed today in Manhattan federal court:[1]
Between 2017 and 2021, LUSHER engaged in a scheme to defraud more than 20 victims of more than $5 million. LUSHER and a small group of trusted lieutenants acting at LUSHER’s direction solicited investments from the victims, usually by representing that LUSHER had a profitable trucking business that enjoyed delivery and installation contracts with multiple large retailers. LUSHER and his lieutenants typically represented that the victims’ investments would fund the purchase of trucks, each truck costing around $45,000. Through written and signed investment agreements, LUSHER and his lieutenants normally guaranteed the victims that their investments would generate high rates of return over a fixed period—typically between 30 and 40 percent over one or two years. In that way, LUSHER succeeded in raising more than $40 million.
In fact, though, LUSHER did not have a large trucking business. Instead, LUSHER had a small trucking business that performed a small amount of work—less than $300,000—for just one large retailer. The amount that LUSHER earned from his legitimate trucking business could not have compensated the victims and produced the promised returns.
Indeed, LUSHER did not use the victims’ funds to purchase trucks or to grow his trucking business. Instead, for years, LUSHER engaged in a Ponzi scheme: LUSHER paid earlier victims with later victims’ funds. LUSHER also used the victims’ funds to enrich himself, such as by gambling or shopping for high-end goods. In that way, LUSHER was able to sustain his scheme for a number of years. But in early 2021, the scheme collapsed, leaving numerous victims with losses totaling more than $5 million.
LUSHER used fake documents to carry out his scheme. For example, in December 2020, LUSHER caused to be sent to a particular victim an apparent U.S. Income Tax Return for an S Corporation for one of the companies that LUSHER controlled and used to perpetrate his scheme. That alleged tax return was falsified: the accountant listed as having prepared the return did not, in fact, prepare it. And in February 2021, LUSHER altered account balances on an email sent by a bank employee to make it appear that LUSHER’s companies had healthy account balances when, in fact, they did not. Specifically, while the bank employee wrote that LUSHER’s companies had account balances of $8,767.26 and $320.76, LUSHER altered the bank employee’s email before forwarding it to state that his companies had account balances of $1,228,767.26 and $987,320.76 (italics and bold added). In other words, LUSHER altered the bank employee’s email such that the account balances for his companies were approximately 140 times and 3,078 times greater than they actually were. LUSHER then caused that falsified email to be sent to a particular victim.
If you believe you or your family has been a victim of LUSHER’s fraud, please contact XtremeHDtips@fbi.gov.
* * *
LUSHER, 49, of Millstone, New Jersey, is charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison, and one count of aggravated identity theft, which carries a mandatory consecutive sentence of two years in prison.
The statutory maximum penalties in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI, the IRS, the CBP, and the New York City Police Department.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Joseph H. Rosenberg is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth in this press release, constitute only allegations, and every fact described should be treated as an allegation.
United States Attorneys Available to Receive Election ComplaintsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Breon Peace, the United States Attorney for the Eastern District of New York, announced today that Assistant United States Attorneys (“AUSAs”) will lead the efforts of their Offices in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA David J. Kennedy has been appointed to serve as the District Election Officer (“DEO”) for the Southern District of New York, and AUSA Erik Paulsen has been appointed to serve as the DEO for the Eastern District of New York. In their capacity as DEOs, these AUSAs are responsible for overseeing the Districts’ handling of Election Day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington, D.C.
U.S. Attorney Damian Williams said: “Free, fair, and accessible elections are critical to democracy, and every voter in the Southern District of New York deserves to cast their vote with confidence in the integrity of our electoral process. It is the responsibility and privilege of this Office to work together with our law enforcement partners to ensure that New Yorkers are able to exercise their right to vote free of unlawful intimidation or hindrance. We encourage anyone who finds their civic voting protections subject to any attempted undue interference to please contact the numbers below.”
U.S. Attorney Breon Peace said: “A free election is the cornerstone of our democracy and every citizen in the Eastern District of New York must be able to vote and have their votes counted fairly and without interference, discrimination or threat of violence, Election officials and their staff also must be able to perform their duties without being subjected to unlawful threats of violence or intimidation. My Office will defend those rights with the full force of federal law.”
The Department of Justice plays an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
U.S. Attorneys Damian Williams and Breon Peace said: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSAs will be on duty in this District while the polls are open.”
In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 5, 2024, and to ensure that such complaints are directed to the appropriate authorities, the U.S. Attorneys said that their Offices will be available to receive complaints at the following numbers through Tuesday, November 5, 2024:
(646) 369-4739 (for Manhattan, Bronx, Dutchess, Orange, Putnam, Rockland, Sullivan, and Westchester counties) and (718) 254-6790 (for Brooklyn, Queens, Staten Island, Nassau, and Suffolk counties).
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/
In addition, the Federal Bureau of Investigation (“FBI”) will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at (212) 384-1000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/
In the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
The U.S. Attorneys also noted that the following additional telephone numbers are available on Election Day for citizens to call for routine inquiries, such as where to vote or how late the polls are open, or to register complaints that may concern violations of New York State election laws:
IN NEW YORK CITY
New York City Board of Elections
Main Office (866) 868-3692
TTY #: 212-487-5496
IN COUNTIES OUTSIDE NEW YORK CITY
County Boards of Elections
Dutchess (845) 486-2473
Nassau (516) 571-8683
Orange (845) 360-6500
Orange (Spanish language) (855) 331-2444
Putnam (845) 808-1300
Rockland (845) 638-5172
Suffolk (631) 852-4500
Sullivan (845) 807-0400
Westchester (914) 995-5700
U.S. Attorney Announces Murder-For-Hire Charges Against IRGC Brigadier General and Former Intelligence Officer and Members of an Iranian Intelligence NetworkRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Merrick B. Garland, the Attorney General of the United States; Matthew G. Olsen, the Assistant Attorney General for National Security; Christopher A. Wray, the Director of the Federal Bureau of Investigation (“FBI”); and James E. Dennehy, Assistant Director in Charge of the New York Field Office of the FBI, announced the unsealing of murder-for-hire, money-laundering, and sanctions charges against RUHOLLAH BAZGHANDI, a/k/a “Roohollah Azimi,” FNU LNU, a/k/a “Haj Taher,” (“HAJ TAHER”), HOSSEIN SEDIGHI, and SEYED MOHAMMAD FOROUZAN. The charges are contained in a Superseding Indictment unsealed today in Manhattan federal court. As detailed in the Superseding Indictment, BAZGHANDI, HAJ TAHER, SEDIGHI, and FOROUZAN contracted members of an Eastern European criminal organization, including RAFAT AMIROV, a/k/a “Farkhaddin Mirzoev,” a/k/a “Pᴎᴍ,” a/k/a “Rome,” POLAD OMAROV, a/k/a “Araz Aliyev,” a/k/a “Polad Qaqa,” a/k/a “Haci Qaqa,” and ZIALAT MAMEDOV, a/k/a “Ziko,” to murder a U.S. citizen of Iranian origin in New York City who has publicly opposed the Iranian Government and who has previously been the target of similar plots by the Iranian Government. AMIROV, OMAROV, and MAMEDOV previously were arrested on charges contained in underlying indictments. AMIROV and OMAROV are in custody in the U.S., pending trial; Mamedov was extradited from the Czech Republic to the Republic of Georgia (“Georgia”) to face charges there. BAZGHANDI, HAJ TAHER, SEDIGHI, and FOROUZAN, all of whom are based in Iran, remain at large. The case is pending before U.S. District Judge Colleen McMahon.
U.S. Attorney Damian Williams said: “As alleged, for years, the Government of Iran has attempted to assassinate, on U.S. soil, a U.S. citizen of Iranian origin who is a prominent critic of the Iranian regime. In January 2023, we unsealed charges alleging that members of an Eastern European crime group engaged in a plot to murder this victim. As we allege, that group was not acting alone. Today, we hold their Iranian masters to account, and allege that these Iran-based co-conspirators, including a Brigadier General in the Islamic Revolutionary Guard Corps, directed the murder plot. By charging these Iran-based defendants, we seek to strike another public blow at the heart of the Government of Iran’s efforts to execute the victim—as well as its lethal targeting, intimidation, and repression of other Iranian dissidents critical of the regime in the U.S. and abroad.”
Attorney General Merrick B. Garland said: “The Justice Department has now charged eight individuals, including an Iranian military official, for their efforts to silence and kill a U.S. citizen because of her criticism of the Iranian regime. We will not tolerate efforts by an authoritarian regime like Iran to undermine the fundamental rights guaranteed to every American. Three of the defendants charged in this horrific plot are now in U.S. custody, and we will never stop working to identify, find, and bring to justice all those who endanger the safety of the American people.”
Assistant Attorney General Matthew G. Olsen said: “Today’s indictment makes plain that the Iranian regime for years has been behind a violent campaign to stalk, intimidate, and arrange the killing of an American dissident on U.S. soil for bravely speaking up for the rights of the Iranian people. The Department is committed to exposing and holding accountable those in Tehran who believe they can hide their hand in carrying out such reprehensible activities.”
FBI Director Christopher A. Wray said: “Today’s indictment exposes the full extent of Iran’s plot to silence an American journalist for criticizing the Iranian regime. According to the charges, a brigadier general in the Islamic Revolutionary Guard Corps and a former Iranian intelligence officer, working with a network of conspirators, planned to kill a dissident living in New York City. The FBI’s investigation led to the disruption of this plot as one of the conspirators was allegedly on their way to murder the victim in New York. As these charges show, the FBI will work with our partners here and abroad to hold accountable those who target Americans.”
FBI Assistant Director in Charge James E. Dennehy said: “Today we charge four members of the Bazghandi Network – each connected to the Iranian government – as being responsible for hiring members of an Eastern European Organized Crime Group to murder an American citizen in New York City. This crime was intended to stop an American from exercising their Constitutionally protected right to free speech; to end their life for speaking out publicly against the Iranian regime and its human rights violations. The FBI will aggressively pursue, disrupt, and hold accountable any foreign government which attempts to murder our citizens on our soil.”
According to the allegations contained in the Superseding Indictment, other court filings, and statements made during court proceedings:[1]
BAZGHANDI, who resides in Iran, is an Islamic Revolutionary Guard Corps (“IRGC”) Brigadier General and has previously served as chief of an IRGC Intelligence Organization (“IRGC-IO”) counterintelligence office. In April 2023, the U.S. Secretary of State designated IRGC-IO as a Specially Designated Global Terrorist under Executive Order 14078, relating to hostage-taking and the wrongful detention of U.S. nationals abroad. On the same date, the U.S. Treasury Department sanctioned BAZGHANDI in connection with his involvement with the detention of foreign prisoners held in Iran. BAZGHANDI was designated by the Treasury Department a second time in June 2023, this time under Executive Order 13224, for his participation in IRGC-IO’s lethal targeting operations. HAJ TAHER, SEDIGHI, and FOROUZAN (collectively with BAZGHANDI, the “Bazghandi Network”), each of whom resides in Iran, also have connections to the Government of Iran.
The Bazghandi Network contracted AMIROV, OMAROV, MAMEDOV, and Khalid Mehdiyev to murder, on U.S. soil, a victim (the “Victim”) residing in New York City. The Victim is a journalist, author, and human rights activist who has publicized the Government of Iran’s human rights abuses and suppression of political expression, including in connection with continuing protests against the regime across Iran. As recently as 2020 and 2021, Iranian intelligence officials and assets plotted to kidnap the Victim from within the U.S. for rendition to Iran in an effort to silence the Victim’s criticism of the regime. That plot was disrupted and exposed by the FBI and led to the filing of federal kidnapping conspiracy and other charges in the Southern District of New York against several participants in the plot in U.S. v. Farahani, et al., 21 Cr. 430 (RA) (S.D.N.Y.).
Since at least July 2022, the Bazghandi Network tasked members of the Organization with assassinating the Victim. The Organization’s participation in the murder-for-hire plot was directed by AMIROV, who resided in Iran and who was tasked with targeting the Victim by individuals in Iran. On approximately July 13, 2022, AMIROV forwarded targeting information—which Amirov had received from individuals in Iran—about the Victim and the Victim’s residence to OMAROV. OMAROV, in turn, together with MAMEDOV, directed and collaborated with Mehdiyev, who was residing in Yonkers, New York, to carry out the plot against the Victim. Mehdiyev’s participation in the plot was disrupted when he was arrested near the Victim’s home on or about July 28, 2022, while in possession of the assault rifle, along with 66 rounds of ammunition, approximately $1,100 in cash, and a black ski mask.
In January 2023, AMIROV, OMAROV, and MAMEDOV were arrested overseas. On January 27, 2023, they were charged publicly for their roles in the plot to assassinate the Victim. Nevertheless, in the months that followed, members of the Bazghandi Network continued to target the Victim. For example, in or about March 2023, HAJ TAHER searched for information about the Victim’s family members and SEDIGHI saved an image of the Victim’s residence. As recently as on or about May 1, 2023, BAZGHANDI conducted an Internet search, in Farsi, for, “a person in the house of [the Victim] movie,” and, on the same date, watched a video with the title, “A video of the arrested gunman in front of [the Victim]’s home in New York received by [the Victim’s employer].”
* * *
BAZGHANDI, HAJ TAHER, SEDIGHI, and FOROUZAN, all of Iran, have been charged with murder-for-hire, which carries a maximum sentence of 10 years in prison (Count One); conspiracy to commit murder-for-hire, which carries a maximum sentence of 10 years in prison (Count Two); conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison (Count Three); and conspiring to violate the International Emergency Economic Powers Act and sanctions against the Government of Iran, which carries a maximum sentence of 20 years in prison (Count Six).
AMIROV, 45, of IRAN; OMAROV, 39, of the Czech Republic and Slovenia; Mamedov, 32, of Georgia; also have been charged in Counts One, Two, and Three, as well as with attempted murder in aid of racketeering, which carries a maximum sentence of 10 years in prison (Count Four); and possession and use of a firearm in connection with the attempted murder, which carries a maximum sentence of life imprisonment and a mandatory minimum sentence of 5 years in prison (Count Five).
The potential maximum sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by Judge McMahon.
Mr. Williams praised the outstanding investigative work of the FBI and its New York Field Office Counterintelligence-Cyber Division and the New York FBI Iran Threat Task Force. Mr. Williams also thanked the New York City Police Department (“NYPD”) and the NYPD Intelligence Bureau, as well as the Department of Justice’s National Security Division and the Department of Justice’s Office of International Affairs, for their assistance.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Michael D. Lockard, Jacob H. Gutwillig, and Matthew J.C. Hellman are in charge of the prosecution, with assistance from Trial Attorneys Christopher Rigali and Leslie Esbrook of the Counterintelligence and Export Control Section, and Dmitriy Slavin of the National Security Division’s Counterterrorism Section.
The charges in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the Superseding Indictment, and the description of the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Operator of Tow Truck and Auto Repair Company Charged with Racketeering Conspiracy and MurderRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of an Indictment charging CHRISTIAN LUGO, a/k/a “Coco,” with racketeering conspiracy, murder in aid of racketeering, conspiracy to commit murder in aid of racketeering, attempted murder and assault with a deadly weapon in aid of racketeering, and related firearms charges. These charges relate to LUGO’s leadership role in a racketeering conspiracy that used fraud and violent intimidation to run a tow truck and auto repair shop known as Certified Auto. On February 7, 2022, LUGO ordered a co-conspirator who worked for him at Certified Auto to shoot at members of a rival tow truck company, which resulted in the death of Gloria Ortiz. LUGO was arrested this morning and will be presented today in Manhattan federal court before U.S. Magistrate Judge Gary Stein. The case is assigned to U.S. District Judge Dale E. Ho.
U.S. Attorney Damian Williams said: “As alleged, Christian Lugo corrupted a tow truck and auto repair business in the Bronx and ran that enterprise by engaging in rampant fraud and serious acts of violence. Lugo’s alleged rivalry with other tow truck companies culminated in him allegedly ordering another member of his enterprise to shoot at rivals, which resulted in the murder of Gloria Ortiz. We hope that these charges bring some measure of comfort to Ms. Ortiz’s family and make clear that this Office and our law enforcement partners are dedicated to prosecuting those who allegedly commit senseless violence in the name of increasing their power in a criminal enterprise.”
FBI Assistant Director in Charge James E. Dennehy said: “Christian Lugo allegedly engaged in a racketeering conspiracy using violence as part of the operation of a Bronx-based tow truck and auto repair business. As alleged, his callous actions directly led to the 2022 murder of Gloria Ortiz as well as additional crimes and fraud. FBI New York will not sit idly by and allow violent crime – let alone murder – to be used as a means to operate a business.”
As alleged in the Indictment:[1]
LUGO, along with others, corrupted the operations and activities of Certified Auto, which was a company that provided towing and auto repair services to vehicles damaged in car accidents. LUGO and his co-conspirators used Certified Auto to commit wire, mail, and insurance fraud and to assert control over the towing and auto repair industry in their territory in the Bronx, New York, using violence and threats of violence.
On February 7, 2022, LUGO ordered a co-conspirator who worked for him at Certified Auto to shoot at members of a rival tow truck company, which the co-conspirator did. The resulting gunfire caused the death of Gloria Ortiz and non-fatal injuries to two other people outside of the Certified Auto shop.
* * *
LUGO, 37, of the Bronx, New York, is charged with racketeering conspiracy, which carries a maximum term of life in prison; murder in aid of racketeering, which carries a mandatory minimum term of life in prison or death; conspiracy to commit murder in aid of racketeering, which carries a maximum term of 10 years in prison; attempted murder and assault with a deadly weapon in aid of racketeering, which carries a maximum term of 20 years in prison; and two firearms offenses, each of which carries a mandatory minimum term of 10 years in prison, which must run consecutive to any other term of imprisonment.
The mandatory minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the work of Special Agents from the FBI New York Safe Streets Task Force and the New York City Police Department. Mr. Williams also thanked Bronx County District Attorney’s Office for their assistance in the investigation. He added that the investigation is ongoing.
This case is being handled by the Office’s Violent & Organized Crime Unit. Assistant U.S. Attorneys Michael Herman, Andrew Jones, and Ni Qian are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Justice Department Announces Murder-For-Hire Charges Against Islamic Revolutionary Guard Corps Brigadier General and Former Intelligence Officer and Members of an Iranian Intelligence NetworkRead the Press Release
Note: View the superseding indictment here.
The Justice Department announced today the unsealing of a superseding indictment containing murder-for-hire, money-laundering, and sanctions evasion charges against Ruhollah Bazghandi, also known as Roohollah Azimi; Fnu Lnu, also known as Haj Taher, Haj Taher; Hossein Sedighi; and Seyed Mohammad Forouzan, all of Iran.
“The Justice Department has now charged eight individuals, including an Iranian military official, for their efforts to silence and kill a U.S. citizen because of her criticism of the Iranian regime,” said Attorney General Merrick B. Garland. “We will not tolerate efforts by an authoritarian regime like Iran to undermine the fundamental rights guaranteed to every American. Three of the defendants charged in this horrific plot are now in U.S. custody, and we will never stop working to identify, find, and bring to justice all those who endanger the safety of the American people.”
“Today’s indictment exposes the full extent of Iran’s plot to silence an American journalist for criticizing the Iranian regime,” said FBI Director Christopher Wray. “According to the charges, a brigadier general in the Islamic Revolutionary Guard Corps and a former Iranian intelligence officer, working with a network of conspirators, planned to kill a dissident living in New York City. The FBI’s investigation led to the disruption of this plot as one of the conspirators was allegedly on their way to murder the victim in New York. As these charges show, the FBI will work with our partners here and abroad to hold accountable those who target Americans.”
“Today’s indictment makes plain that the Iranian regime for years has been behind a violent campaign to stalk, intimidate, and arrange the killing of an American dissident on U.S. soil for bravely speaking up for the rights of the Iranian people,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department is committed to exposing and holding accountable those in Tehran who believe they can hide their hand in carrying out such reprehensible activities.”
“As alleged, for years, the Government of Iran has attempted to assassinate, on U.S. soil, a U.S. citizen of Iranian origin who is a prominent critic of the Iranian regime,” said U.S. Attorney Damian Williams for the Southern District of New York. “In January 2023, we unsealed charges alleging that members of an Eastern European crime group engaged in a plot to murder this victim. As we allege, that group was not acting alone. Today, we hold their Iranian masters to account, and allege that these Iran-based co-conspirators, including a Brigadier General in the Islamic Revolutionary Guard Corps, directed the murder plot. By charging these Iran-based defendants, we seek to strike another public blow at the heart of the Government of Iran’s efforts to execute the victim — as well as its lethal targeting, intimidation, and repression of other Iranian dissidents critical of the regime in the U.S. and abroad.”
As detailed in the superseding indictment, Bazghandi, Haj Taher, Sedighi, and Forouzan contracted members of an Eastern European criminal organization, including Rafat Amirov, also known as Farkhaddin Mirzoev, Pᴎᴍ, and Rome; Polad Omarov, also known as Araz Aliyev, Polad Qaqa, and Haci Qaqa; and Zialat Mamedov, also known as Ziko, to murder a U.S. citizen of Iranian origin in New York City who has publicly opposed the Iranian government and who has previously been the target of similar plots by the Iranian government. Amirov, Omarov, and Mamedov previously were arrested on charges contained in underlying indictments. Amirov and Omarov are in custody in the United States, pending trial; Mamedov was extradited from the Czech Republic to the Republic of Georgia to face charges there. Bazghandi, Haj Taher, Sedighi, and Forouzan, all of whom are based in Iran, remain at large. The case is pending before U.S. District Judge Colleen McMahon for the Southern District of New York.
According to the allegations contained in the superseding indictment, other court filings, and statements made during court proceedings, Bazghandi, who resides in Iran, is an IRGC Brigadier General and has previously served as chief of an IRGC Intelligence Organization (IRGC-IO) counterintelligence office. In April 2023, the U.S. Secretary of State designated IRGC-IO as a Specially Designated Global Terrorist under Executive Order 14078, for hostage-taking and the wrongful detention of U.S. nationals abroad. On the same date, the Treasury Department sanctioned Bazghandi in connection with his involvement with the detention of foreign prisoners held in Iran. Bazghandi was designated by the Treasury Department a second time in June 2023, this time under Executive Order 13224, for his participation in IRGC-IO’s lethal targeting operations. Haj Taher, Sedighi, and Forouzan (collectively with Bazghandi, the Bazghandi Network), each of whom resides in Iran, also have connections to the Government of Iran.
The Bazghandi Network contracted Amirov, Omarov, Mamedov, and Khalid Mehdiyev to murder, on U.S. soil, a victim residing in New York City. The victim is a journalist, author, and human rights activist who has publicized the Government of Iran’s human rights abuses and suppression of political expression, including in connection with continuing protests against the regime across Iran. As recently as 2020 and 2021, Iranian intelligence officials and assets plotted to kidnap the victim from within the United States for rendition to Iran in an effort to silence the victim’s criticism of the regime. That plot was disrupted and exposed by the FBI and led to the filing of federal kidnapping conspiracy and other charges in the Southern District of New York against several participants in the plot in United States v. Farahani, et al.
Since at least July 2022, the Bazghandi Network tasked members of the organization with assassinating the victim. The organization’s participation in the murder-for-hire plot was directed by Amirov, who resided in Iran and who was tasked with targeting the victim by individuals in Iran. On approximately July 13, 2022, Amirov forwarded targeting information — which Amirov had received from individuals in Iran — about the victim and the victim’s residence to Omarov. Omarov, in turn, together with Mamedov, directed and collaborated with Mehdiyev, who was residing in Yonkers, New York, to carry out the plot against the victim. Mehdiyev’s participation in the plot was disrupted when he was arrested near the victim’s home on or about July 28, 2022, while in possession of the assault rifle, along with 66 rounds of ammunition, approximately $1,100 in cash, and a black ski mask.
In January 2023, Amirov, Omarov, and Mamedov were arrested overseas. On Jan. 27, 2023, they were charged publicly for their roles in the plot to assassinate the victim. Nevertheless, in the months that followed, members of the Bazghandi Network continued to target the victim. For example, in or about March 2023, Haj Taher searched for information about the victim’s family members and Sedighi saved an image of the victim’s residence. As recently as on or about May 1, 2023, Bazghandi conducted an internet search, in Farsi, for, “a person in the house of [the victim] movie,” and, on the same date, watched a video with the title, “A video of the arrested gunman in front of [the victim]’s home in New York received by [the victim’s employer].”
Bazghandi, Haj Taher, Sedighi, and Forouzan, have been charged with murder-for-hire, which carries a maximum penalty of 10 years in prison; conspiracy to commit murder-for-hire, which carries a maximum penalty of 10 years in prison; conspiracy to commit money laundering, which carries a maximum penalty of 20 years in prison; and conspiring to violate the International Emergency Economic Powers Act and sanctions against the Government of Iran, which carries a maximum penalty of 20 years in prison.
Amirov, Omarov, and Mamedov have also been charged with murder-for-hire, conspiracy to commit murder-for-hire, and conspiracy to commit money laundering. In addition, Amirov, Omarov, and Mamedov were charged with attempted murder in aid of racketeering, which carries a maximum penalty of 10 years in prison and possession and use of a firearm in connection with the attempted murder, which carries a maximum penalty of life in prison and a mandatory minimum penalty of five years in prison. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI investigated the case. The Justice Department’s Office of International Affairs assisted with the extradition of Mamedov.
Assistant U.S. Attorneys Michael D. Lockard, Jacob H. Gutwillig, and Matthew J.C. Hellman for the Southern District of New York, Trial Attorneys Christopher Rigali and Leslie Esbrook of the National Security Division’s Counterintelligence and Export Control Section, and Trial Attorney Dmitriy Slavin of the National Security Division’s Counterterrorism Section are prosecuting the case.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Florida Man Convicted of $77 Million Tender Offer FraudRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that JONATHAN MOYNAHAN LARMORE was convicted of tender offer fraud and securities fraud in connection with LARMORE’s announcement of a fake tender offer to manipulate the stock price of WeWork, Inc. (“WeWork”) and drive up the value of LARMORE’s stock options. The verdict followed a one-week trial before U.S. District Judge Paul A. Engelmayer, who will sentence LARMORE on March 4, 2025.
U.S. Attorney Damian Williams said: “Last November, Jonathan Moynahan Larmore orchestrated a scheme to trick the market and prey upon investors by artificially inflating the value of WeWork stock for his personal enrichment. Less than a year later, Larmore stands convicted by a jury of his peers. This case should be a reminder that we remain vigilant and ready to bring swift justice to those who undermine the integrity of our markets and defraud innocent investors.”
According to the evidence presented in court during the trial:
In or about the fall of 2023, LARMORE perpetrated a scheme to use a false and fraudulent tender offer to manipulate the stock price of WeWork, a co-working space company that was headquartered in New York, New York, and publicly traded on the New York Stock Exchange.
LARMORE executed his scheme in three steps. First, on or about October 6, 2023, LARMORE created Cole Capital Funds LLC (“Cole Capital”), a purported real estate investment firm that was, in fact, merely a sham company. Second, on or about November 1, 2023, and November 2, 2023, LARMORE spent more than $775,000 buying tens of thousands of cheap, short-dated, out-of-the-money WeWork call options (the vast majority of which were set to expire on November 3, 2023 at 4:00 p.m. EDT) and hundreds of thousands of shares of WeWork common stock — the latter primarily because two of LARMORE’s brokerage firms did not authorize him to trade options, but did authorize him to buy equities. In fact, LARMORE chartered a yacht and attempted to travel into international waters to make these trades, hoping to evade U.S. jurisdiction. Third, on or about November 3, 2023, LARMORE caused a press release to be published announcing that Cole Capital proposed to acquire 51% of all outstanding shares owned by minority shareholders of WeWork at a more-than-700% premium in an all-cash offer worth more than $77 million. At the time, WeWork was on the verge of bankruptcy. The press release itself contained a number of false and misleading claims about LARMORE and Cole Capital, and their ability to carry through with the purported tender offer.
In fact, neither LARMORE nor Cole Capital had the intent or ability to execute the announced tender offer. Instead, LARMORE intended for news of the tender offer to fraudulently inflate WeWork’s share price and, thereby, to increase the value of LARMORE’s newly acquired WeWork call options and shares.
On or about November 3, 2023, at approximately 5:12 p.m. EDT, the press release about Cole Capital’s purported tender offer was published. Within approximately one minute of publication, in after-hours trading, WeWork’s share price quickly increased more than 70% from $.85 to $1.45, and continued to rise until 5:31 p.m. EDT, when the stock reached its high of $2.14, which was a more-than-150% increase over the stock price prior to the publication of the press release.
The WeWork call options LARMORE purchased could have made LARMORE millions of dollars if the news of LARMORE’s fraudulent tender offer had caused WeWork’s share price to increase significantly prior to the expiration of LARMORE’s options. Unfortunately for LARMORE, he mistimed how long it would take to properly format his press release and have it published. As a result of these delays, LARMORE’s fraudulent press release was not published—and WeWork’s share price did not accordingly rise—until approximately 5:12 p.m. EDT on or about November 3, 2023, which was about an hour after the vast majority of LARMORE’s WeWork call options had expired worthless at 4:00 p.m. EDT that day.
On the following Monday, November 6, 2023, WeWork filed for Chapter 11 bankruptcy protection. On or about November 10, 2023, the small number of remaining WeWork options LARMORE had purchased expired out of the money and worthless.
* * *
LARMORE, 51, of Punta Gorda, Florida, was convicted of one count of tender offer fraud and one count of securities fraud, each of which carries a maximum sentence of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding work of the Federal Bureau of Investigations. Mr. Williams also thanked the U.S. Securities and Exchange Commission, which filed a civil action against LARMORE, for its assistance and cooperation in the investigation.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Adam S. Hobson, Sarah Mortazavi, and Justin V. Rodriguez are in charge of the prosecution, with the assistance of Paralegal Specialists Emily Cho and Jonathan Oshinsky.
New Rochelle Physician Pleads Guilty to Selling Thousands of Oxycodone Pills for CashRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Frank A. Tarentino III, the Special Agent in Charge of the New York Division of the Drug Enforcement Agency ("DEA"); and Naomi Gruchacz, the Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General (“HHS-OIG”), announced that MORDECHAI BAR pled guilty today to one count of illicitly distributing and dispensing oxycodone and other controlled substances. BAR pled guilty before U.S. District Judge Cathy Seibel, to whom his case is assigned.
U.S. Attorney Damian Williams said: “Dr. Mordechai Bar hid behind his medical license while he prescribed oxycodone without a legitimate medical need. Like any drug dealer, he pumped highly addictive substances into the streets for profit, with no regard for the impact on the community. Along with our law enforcement partners, we will continue to aggresively prosecute physicians who help fuel the opioid crisis.”
DEA Special Agent in Charge Frank A. Tarentino III said: “This guilty plea from Doctor Mordechai Bar is the result of the hard work of our DEA New York’s Westchester Office and our law enforcement partners in pursuing those individuals who put profit and greed over the health and safety of their patients. The DEA remains committed in pursuing those individuals who exacerbate the ongoing opioid crisis.”
HHS-OIG Special Agent in Charge Naomi Gruchacz said: “This physician accepts responsibility for illegally prescribing controlled substances, an action that is especially egregious given the ongoing opioid epidemic. HHS-OIG will continue to work with our law enforcement partners to ensure individuals involved in fraud schemes that exploit federal health care programs and threaten patient safety are held accountable.”
According to documents filed in this case including the Complaint, the Information, BAR’s plea agreement, and statements made in Court:
Between in or about January 2023 and in or about June 2024, BAR, a physician, repeatedly prescribed oxycodone without a legitimate medical purpose and outside of the usual course of professional practice. Oxycodone, a Schedule II narcotic, is a highly addictive opioid that is used to treat severe and chronic pain, as well as pain associated with certain forms of cancer and other terminal illnesses. Oxycodone prescriptions command high prices in the black market because of demand by drug abusers. BAR often prescribed oxycodone in combination with amphetamines and/or alprazolam, controlled substances that are themselves frequently abused and resold illicitly. BAR sold these prescriptions for cash, and he did so without performing physical examinations or medical tests on the patients in whose names the prescriptions were issued.
* * *
BAR, 71, of Larchmont, New York, pled guilty to one count of distributing oxycodone and other controlled substances, which carries a maximum sentence of 20 years in prison. The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing will be determined by a judge. BAR is scheduled to be sentenced by Judge Seibel on February 18, 2025.
Mr. Williams praised the outstanding efforts of the DEA New York’s Westchester Office, HHS-OIG, the FBI, IRS-CI, and the Organized Crime Drug Enforcement Task Force. Mr. Williams also thanked the New York State Department of Health Bureau of Narcotic Enforcement for their assistance in this case.
The case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Jorja N. Knauer, David A. Markewitz, and Kathryn Wheelock are in charge of the prosecution.
Bronx Attorney Sentenced to 10 Years in Prison for His Attempted Enticement of A MinorRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that TONG HYON SUH, a/k/a “Jason Suh,” was sentenced yesterday to 10 years in prison by U.S. District Judge Cathy Seibel for his attempted enticement of an individual he believed to be a 14-year-old. The sentencing followed SUH’s guilty plea on March 19, 2024.
U.S. Attorney Damian Williams said: “Tong Hyon Suh attempted to engage in predatory behavior with someone he believed to be a 14-year-old, showing a disturbing disregard for the safety and well-being of minors. This sentencing underscores our commitment to confronting threats to minors. We will not rest until those who seek to manipulate and endanger children face the consequences of their actions. Justice for the vulnerable is not just our duty; it is a promise we intend to keep.”
According to documents filed in this case and statements made in related court proceedings:
Beginning on April 24, 2022, a detective with the Greenwich Police Department (“Detective-1”), who was posing as a 14-year-old girl named “Megan,” communicated via the social platform, Kik, with SUH. During the communications, SUH identified himself as a 45-year-old Korean male living in New York City and indicated that he wanted to meet with “Megan” for the purpose of having sex. Detective-1 told SUH that she was a 14-year-old female from Connecticut.
During their communications, SUH told Detective-1, among other things, that he “find[s] the age gap hot tbh” and “tbh on the down low I want a young submissive slut.” He also told “Megan,” “I can destroy your pussy on the [weekend]” and asked “Megan” for some “slutty pics” that she could “delete after taking.” SUH identified himself as a a New York attorney with an office in the Bronx, New York, and said he had been a lawyer since he was 26 years old.
During their communications, SUH made a plan to meet with “Megan” to engage in sexual activity with her. He told “Megan” that he would take a train to Greenwich, Connecticut, use a ride service to pick “Megan” up at her house, and then they would travel together to a residence he would rent. SUH said that “as soon as the doors close you’re sucking my dick,” “I’m going to keep drilling that little pussy,” and “we’ll record our own little porno, it’ll be fun.” “Megan” gave SUH an address in Greenwich, Connecticut, and told him that she lived in an apartment located at that address. “Megan” requested that SUH bring condoms, lollipops, and marijuana.
On May 27, 2022, SUH traveled to Greenwich, Connecticut, via a northbound Metro North train. He went to the address provided by “Megan,” where he was arrested. SUH’s briefcase contained a laptop computer, a thumb drive, sneakers, matches, marijuana, toiletries, clothing, an unopened package of lollipops, and six condoms.
At the time of his arrest, “TONG-HYON SUH” was registered as an active attorney in New York with a business address in the Bronx.
* * *
In addition to the prison term, SUH, 47, of the Bronx, New York, was sentenced to 10 years of supervised release.
Mr. Williams praised the efforts of the Federal Bureau of Investigation Westchester Safe Streets Task Force and the Greenwich Police Department in connection with this investigation.
The prosecution is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Jennifer N. Ong and Marcia S. Cohen are in charge of the prosecution.
U.S. Attorney Announces Charges Against Indian Government Employee in Connection with Foiled Plot to Assassinate U.S. Citizen in New York CityRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Merrick B. Garland, the Attorney General of the United States, Anne Milgram, the Administrator of the Drug Enforcement Administration (“DEA”), Christopher A. Wray, the Director of the Federal Bureau of Investigation (“FBI”), Matthew G. Olsen, the Assistant Attorney General for National Security, and James E. Dennehy, the Assistant Director in Charge of the FBI’s New York Field Office, announced the filing of murder-for-hire and money laundering charges against Indian government employee VIKASH YADAV, a/k/a “Vikas,” a/k/a “Amanat,” in connection with his role in directing a foiled plot to assassinate a U.S. citizen in New York City. The charges are contained in a Second Superseding Indictment unsealed today in the U.S. District Court for the Southern District of New York. YADAV’s alleged co-conspirator, NIKHIL GUPTA, was previously charged and extradited to the United States on the charges contained in the First Superseding Indictment. YADAV is at large. The case is pending before U.S. District Judge Victor Marrero.
U.S. Attorney Damian Williams said: “Last year, this Office charged Nikhil Gupta for conspiring to assassinate a U.S. citizen of Indian origin on U.S. soil. But, as alleged, Gupta did not work alone. Today, we announce charges against an Indian government employee, Vikash Yadav, who orchestrated the plot from India and directed Gupta to hire a hitman to murder the victim. The right to exercise free speech is foundational to our democracy, and predicated on the notion that we can do so without fear of violence or reprisal, including from beyond our borders. Let this case be a warning to all those who would seek to harm and silence U.S. citizens: We will hold you accountable, no matter who and where you are.”
Attorney General Merrick B. Garland said: “The Justice Department will be relentless in holding accountable any person – regardless of their position or proximity to power – who seeks to harm and silence American citizens. As alleged, last year, we foiled an attempt by Vikash Yadav, an Indian government employee, and his co-conspirator, Nikhil Gupta, to assassinate an American citizen on U.S. soil. Today’s charges demonstrate that the Justice Department will not tolerate attempts to target and endanger Americans and to undermine the rights to which every U.S. citizen is entitled.”
Assistant Attorney General Matthew G. Olsen said: “Today’s charges are a grave example of the increase in lethal plotting and other forms of violent transnational repression targeting diaspora communities in the United States. To the governments around the world who may be considering such criminal activity and to the communities they would target, let there be no doubt that the Department of Justice is committed to disrupting and exposing these plots and to holding the wrongful actors accountable no matter who they are or where they reside.”
DEA Administrator Anne Milgram said: “DEA foiled this assassination attempt last year and has continued to trace this case back to an employee of the Indian government whom we charge was an orchestrator of this intricate murder-for-hire scheme. DEA did not relent, and today’s indictment names Vikash Yadav as that alleged mastermind. We charge that Yadav, an employee of the Indian government, used his position of authority and access to confidential information to direct the attempted assassination of an outspoken critic of the Indian government here on U.S. soil. This case was led by the DEA New York Division’s Drug Enforcement Task Force, which is comprised of DEA, the New York State Police, and the New York City Police Department, and is a true testament to the tenacity and determination of our team.”
FBI Director Christopher A. Wray said: “The defendant, an Indian government employee, allegedly conspired with a criminal associate and attempted to assassinate a U.S. citizen on American soil for exercising their First Amendment rights. The FBI will not tolerate acts of violence or other efforts to retaliate against those residing in the U.S. for exercising their constitutionally protected rights. We are committed to working with our partners to detect, disrupt, and hold accountable foreign nationals or others who seek to engage in such acts of transnational repression.”
FBI Assistant Director James E. Dennehy said: “As alleged in today’s indictment, Vikash Yadav, a senior field officer with the government of India’s Research and Analysis Wing, along with Nikhil Gupta, planned to murder a political activist and prominent critic of the Indian government who is an American citizen in New York City. The United States government was able to disrupt this abhorrent plot to silence an American before it could be carried out. Today’s charges make clear the FBI, in conjunction with our DEA and SDNY partners, will not tolerate a foreign government attempting to violate our laws and our sovereignty here in New York or anywhere.”
As alleged in the Second Superseding Indictment and other public court documents:[1]
Last year, YADAV, working together with others, including GUPTA, in India, and elsewhere, directed a plot to assassinate on U.S. soil an attorney and political activist who is a U.S. citizen of Indian origin residing in New York City (the “Victim”). The Victim is a vocal critic of the Indian government and leads a U.S.-based organization that advocates for the secession of Punjab, a state in northern India that is home to a large population of Sikhs, an ethnoreligious minority group in India. The Victim has publicly called for some or all of Punjab to secede from India and establish a Sikh sovereign state called Khalistan, and the Indian government has banned the Victim and his separatist organization from India.
During times relevant to the Second Superseding Indictment, YADAV was employed by the Government of India’s Cabinet Secretariat, which houses Indian’s foreign intelligence service, the Research and Analysis Wing. YADAV has described his position as a “Senior Field Officer” with responsibilities in “Security Management” and “Intelligence.” YADAV also has referenced previously serving in India’s Central Reserve Police Force and receiving “officer[] training” in “battle craft” and “weapons.” YADAV is a citizen and resident of India, and he directed the plot to assassinate the Victim from India.
In or about May 2023, YADAV recruited GUPTA to orchestrate the assassination of the Victim in the United States. GUPTA is an Indian national who resided in India and has described his involvement in international narcotics and weapons trafficking in his communications with YADAV and others. At YADAV’s direction, GUPTA contacted an individual whom GUPTA believed to be a criminal associate, but who was in fact a confidential source working with the DEA (the “CS”), for assistance in contracting a hitman to murder the Victim in New York City. The CS introduced GUPTA to a purported hitman, who was in fact a DEA undercover officer (the “UC”). YADAV subsequently agreed, in dealings brokered by GUPTA, to pay the UC $100,000 to murder the Victim. On or about June 9, 2023, YADAV and GUPTA arranged for an associate to deliver $15,000 in cash to the UC as an advance payment for the murder. YADAV’s associate then delivered the $15,000 to the UC in Manhattan.
In or about June 2023, in furtherance of the assassination plot, YADAV provided GUPTA with personal information about the Victim, including the Victim’s home address in New York City, phone numbers associated with the Victim, and details about the Victim’s day-to-day conduct, which GUPTA then passed to the UC. YADAV directed GUPTA to provide regular updates on the progress of the assassination plot, which GUPTA accomplished by forwarding to YADAV, among other things, surveillance photographs of the Victim. GUPTA directed the UC to carry out the murder as soon as possible, but GUPTA also specifically instructed the UC not to commit the murder around the time of the Indian Prime Minister’s official state visit to the United States, which was scheduled to begin on or about June 20, 2023.
On or about June 18, 2023, approximately two days before the Indian Prime Minister’s state visit to the United States, masked gunmen murdered Hardeep Singh Nijjar outside a Sikh temple in British Columbia, Canada. Nijjar was an associate of the Victim, and, like the Victim, was a leader of the Sikh separatist movement and an outspoken critic of the Indian government. On or about June 19, 2023, the day after the Nijjar murder, GUPTA told the UC that Nijjar “was also the target” and “we have so many targets.” GUPTA added that, in light of Nijjar’s murder, there was “now no need to wait” on killing the Victim. On or about June 20, 2023, YADAV sent GUPTA a news article about the Victim and messaged GUPTA, “[i]t’s [a] priority now.”
* * *
YADAV, 39, and GUPTA, 53, of India, have been charged with murder-for-hire, which carries a maximum sentence of 10 years in prison; conspiracy to commit murder-for-hire, which carries a maximum sentence of 10 years in prison; and conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the DEA’s New York Drug Enforcement Task Force and the Counterintelligence Division of the FBI’s New York Field Office. Mr. Williams also thanked the DEA’s Special Operations Division, the DEA’s Vienna Country Office, the FBI’s Prague Country Office, the Department of Justice’s National Security Division, the Department of Justice’s Office of International Affairs, and the Czech Republic’s National Drug Headquarters for their assistance. The DEA’s New York Drug Enforcement Task Force comprises agents and task force officers of the DEA, New York City Police Department, and the New York State Police.
This case is being handled by the Office’s National Security and International Narcotics Unit, Violent and Organized Crime Unit, and Narcotics Unit. Assistant U.S. Attorneys Camille L. Fletcher, Ashley C. Nicolas, and Alexander Li are in charge of the prosecution, with assistance from Trial Attorney Christopher Cook of the National Security Division’s Counterintelligence and Export Control Section and Trial Attorney A.J. Dixon of the National Security Division’s Counterterrorism Section.
The charges contained in the Second Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
yadav_superseding_indictment_s2_23_cr._289.pdf[1] As the introductory phrase signifies, the entirety of the text of the Second Superseding Indictment and the description of the Second Superseding Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Justice Department Announces Charges Against Indian Government Employee in Connection with Foiled Plot to Assassinate U.S. Citizen in New York CityRead the Press Release
Note: View the second unsealed superseding indictment here.
The Justice Department today announced the filing of murder-for-hire and money laundering charges against Indian government employee, Vikash Yadav, 39, also known as Vikas, and Amanat, in connection with his role in directing a foiled plot to assassinate a U.S. citizen in New York City. Yadav is charged in a second superseding indictment unsealed today in the U.S. District Court for the Southern District of New York. Yadav’s alleged co-conspirator, Nikhil Gupta, 53, was previously charged and extradited to the United States on the charges contained in the first superseding indictment. Yadav remains at large.
“The Justice Department will be relentless in holding accountable any person — regardless of their position or proximity to power — who seeks to harm and silence American citizens,” said Attorney General Merrick B. Garland. “As alleged, last year, we foiled an attempt by Vikash Yadav, an Indian government employee, and his co-conspirator, Nikhil Gupta, to assassinate an American citizen on U.S. soil. Today’s charges demonstrate that the Justice Department will not tolerate attempts to target and endanger Americans and to undermine the rights to which every U.S. citizen is entitled.”
“The defendant, an Indian government employee, allegedly conspired with a criminal associate and attempted to assassinate a U.S. citizen on American soil for exercising their First Amendment rights,” said FBI Director Christopher Wray. “The FBI will not tolerate acts of violence or other efforts to retaliate against those residing in the U.S. for exercising their constitutionally protected rights. We are committed to working with our partners to detect, disrupt, and hold accountable foreign nationals or others who seek to engage in such acts of transnational repression.”
“Today’s charges are a grave example of the increase in lethal plotting and other forms of violent transnational repression targeting diaspora communities in the United States,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “To the governments around the world who may be considering such criminal activity and to the communities they would target, let there be no doubt that the Department of Justice is committed to disrupting and exposing these plots and to holding the wrongful actors accountable no matter who they are or where they reside.”
“DEA foiled this assassination attempt last year and has continued to trace this case back to an employee of the Indian government whom we charge was an orchestrator of this intricate murder-for-hire scheme. DEA did not relent, and today’s indictment names Vikash Yadav as an alleged mastermind,” said Administrator Anne Milgram of the Drug Enforcement Administration (DEA). “We charge that Yadav, an employee of the Indian government, used his position of authority and access to confidential information to direct the attempted assassination of an outspoken critic of the Indian government here on U.S. soil. This case was led by the DEA New York Division’s Drug Enforcement Task Force, which is comprised of DEA, the New York State Police, and the New York City Police Department, and is a true testament to the tenacity and determination of our team.”
“Last year, this office charged Nikhil Gupta for conspiring to assassinate a U.S. citizen of Indian origin on U.S. soil,” said U.S. Attorney Damian Williams. “But, as alleged, Gupta did not work alone. Today, we announce charges against an Indian government employee, Vikash Yadav, who orchestrated the plot from India and directed Gupta to hire a hitman to murder the victim. The right to exercise free speech is foundational to our democracy, and predicated on the notion that we can do so without fear of violence or reprisal, including from beyond our borders. Let this case be a warning to all those who would seek to harm and silence U.S. citizens: we will hold you accountable, no matter who and where you are.”
As alleged in the second superseding indictment and other public court documents, in 2023, Yadav, working together with others, including Gupta, in India, and elsewhere, directed a plot to assassinate on U.S. soil an attorney and political activist who is a U.S. citizen of Indian origin residing in New York City (the victim). The victim is a vocal critic of the Indian government and leads a U.S.-based organization that advocates for the secession of Punjab, a state in northern India that is home to a large population of Sikhs, an ethnoreligious minority group in India. The victim has publicly called for some or all of Punjab to secede from India and establish a Sikh sovereign state called Khalistan, and the Indian government has banned the victim and his separatist organization from India.
During times relevant to the second superseding indictment, Yadav was employed by the Government of India’s Cabinet Secretariat, which houses Indian’s foreign intelligence service, the Research and Analysis Wing. Yadav has described his position as a “senior field officer” with responsibilities in “security management” and “intelligence.” Yadav also has referenced previously serving in India’s Central Reserve Police Force and receiving “officer[] training” in “battle craft” and “weapons.” Yadav is a citizen and resident of India, and he directed the plot to assassinate the Victim from India.
In or about May 2023, Yadav recruited Gupta to orchestrate the assassination of the victim in the United States. Gupta is an Indian national who resided in India and has described his involvement in international narcotics and weapons trafficking in his communications with Yadav and others. At Yadav’s direction, Gupta contacted an individual whom Gupta believed to be a criminal associate, but who was in fact a confidential source (the CS) working with the DEA, for assistance in contracting a hitman to murder the victim in New York City. The CS introduced Gupta to a purported hitman, who was in fact a DEA undercover officer (the UC). Yadav subsequently agreed, in dealings brokered by Gupta, to pay the UC $100,000 to murder the victim. On or about June 9, 2023, Yadav and Gupta arranged for an associate to deliver $15,000 in cash to the UC as an advance payment for the murder. Yadav’s associate then delivered the $15,000 to the UC in Manhattan.
In or about June 2023, in furtherance of the assassination plot, Yadav provided Gupta with personal information about the victim, including the victim’s home address in New York City, phone numbers associated with the victim, and details about the victim’s day-to-day conduct, which Gupta then passed to the UC. Yadav directed Gupta to provide regular updates on the progress of the assassination plot, which Gupta accomplished by forwarding to Yadav, among other things, surveillance photographs of the victim. Gupta directed the UC to carry out the murder as soon as possible, but Gupta also specifically instructed the UC not to commit the murder around the time of the Indian Prime Minister’s official state visit to the United States, which was scheduled to begin on or about June 20, 2023.
On or about June 18, 2023, approximately two days before the Indian Prime Minister’s state visit to the United States, masked gunmen murdered Hardeep Singh Nijjar outside a Sikh temple in British Columbia, Canada. Nijjar was an associate of the victim, and, like the victim, was a leader of the Sikh separatist movement and an outspoken critic of the Indian government. On or about June 19, 2023, the day after the Nijjar murder, Gupta told the UC that Nijjar “was also the target” and “we have so many targets.” Gupta added that, in light of Nijjar’s murder, there was “now no need to wait” on killing the Victim. On or about June 20, 2023, Yadav sent Gupta a news article about the victim and messaged Gupta, “[i]t’s [a] priority now.”
Yadav and Gupta of India have been charged with murder-for-hire, which carries a maximum penalty of 10 years in prison; conspiracy to commit murder-for-hire, which carries a maximum penalty of 10 years in prison; and conspiracy to commit money laundering, which carries a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The DEA New York Division and the FBI New York Field Office’s Counterintelligence Division are investigating the case, with valuable assistance provided by the DEA Special Operations Division, DEA Vienna Country Office, FBI Prague Country Office, Justice Department’s Office of International Affairs, and Czech Republic’s National Drug Headquarters.
Assistant U.S. Attorneys Camille L. Fletcher, Ashley C. Nicolas, and Alexander Li for the Southern District of New York are prosecuting the case with assistance from Trial Attorney Christopher Cook of the National Security Division’s Counterintelligence and Export Control Section and Trial Attorney A.J. Dixon of the National Security Division’s Counterterrorism Section.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Four Defendants Charged in Multi-Million Dollar No-Fault Insurance Fraud Scheme and Money Laundering ConspiracyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today the unsealing of an Indictment charging KENAN TARIVERDI, NAZIM TARIVERDI, DILSHOD ISLAMOV, and ALVARO GEOVANNI QUIJADA LEMUS. The Indictment charges KENAN TARIVERDI, NAZIM TARIVERDI, and DILSHOD ISLAMOV with operating an extensive no-fault insurance fraud that submitted more than $11 million in fraudulent claims for psychological testing and services—and for laundering the proceeds of that fraud through a network of illicit check cashers, including ALVARO GEOVANNI QUIJADA LEMUS. The defendants were arrested this morning and were presented today before U.S. Magistrate Judge Sarah L. Cave in Manhattan Federal Court.
U.S. Attorney Damian Williams said: “No fault insurance fraud schemes raise costs for everyone and exploit a system designed to make healthcare more accessible. As alleged in the indictment, Kenan Tariverdi, Nazim Tariverdi, and Dilshod Islamov orchestrated a deceitful, complex scheme to cheat insurance providers out of millions of dollars. These defendants then allegedly worked with a network of money launderers, including Alvaro Geovanni Quijada Lemus, to profit from their crime. I commend the FBI and our dedicated team of prosecutors for their outstanding work in dismantling this massive fraud operation.”
According to allegations in the Indictment unsealed today in Manhattan Court[1]:
KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV devised a fraudulent scheme to take advantage of New York’s no fault insurance law, which enables the driver and passengers of a vehicle registered and insured in New York State to obtain benefits of up to $50,000 per person for injuries suffered in a car accident, regardless of fault. Under New York State law, medical corporations are unable to bill insurance companies for no-fault benefits if the medical facilities are controlled by non-physicians. KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV defrauded insurance carriers by submitting insurance claims from medical corporations that were nominally owned by licensed medical professionals but were in fact owned and controlled by KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV, who were not licensed medical practitioners. If insurance companies had known that the nominee medical corporations were actually owned and controlled by KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV, the insurance companies would have denied payment for claims submitted by the nominee medical corporations.
KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV also carried out their fraudulent scheme by conspiring to bill insurances companies in the names of psychologists, medical professionals, and medical corporations under their nominal control for services that the psychologists and medical professionals did not actually perform. When preparing these fraudulent bills, the conspiracy operated by KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV frequently used the license information and signatures of psychologists and medical professionals on fraudulent billing records submitted to insurance companies.
Additionally, KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV conspired to bill insurance companies for expensive procedures, including psychological testing and treatment, regardless of medical necessity. These unnecessary medical procedures were carried out pursuant to billing protocols that the defendants and their coconspirators designed and implemented at various clinics in and around New York City to maximize the dollar amounts on insurance claims, rather than to provide necessary medical and psychological treatment.
As a result of their fraudulent scheme, KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV caused insurance providers to be billed over approximately $10 million in fraudulent claims for psychological testing and services.
KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV also carried out a scheme to launder the proceeds of their conspiracy. Their money laundering scheme operated by taking control over various bank accounts that received payments derived from the fraudulent claims that the conspiracy operated by KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV submitted to insurance companies. Such bank accounts were nominally held by psychologists or medical professionals, but KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV gained control over them through various means, including by directing the psychologists and medical professionals to sign stacks of blank checks drawn on their accounts. KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV then used those checks to transfer funds into a network of shell companies that were controlled by the money laundering conspiracy.
KENAN TARIVERDI, NAZIM TARIVERDI, and ISLAMOV used a network of money launderers to cash checks from their shell companies. ALVARO GEOVANNI QUIJADA-LEMUS was one unlicensed check casher who, in exchange for a fee, provided cash in exchange for checks the shell companies. QUIJADA-LEMUS, in turn, sold approximately 50 checks from the shell companies for approximately $200,000 to an individual cooperating with law enforcement.
* * *
KENAN TARIVERDI, 55, of Staten Island, New York; NAZIM TARIVERDI, 32, of Staten Island, New York; and DILSHOD ISLAMOV, 43, of Brooklyn, New York are each charged with one count of conspiracy to commit healthcare fraud, which carries a maximum sentence of 20 years in prison, one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison, one count of aggravated identity theft, which carries a mandatory two-year consecutive sentence, and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison. ALVARO GEOVANNI QUIJADA-LEMUS, 38, of Holmdel, New Jersey, is charged with one count of conspiracy to commit money laundering, which carried a maximum sentence of 20 years in prison one count of money laundering, which carries a maximum sentence of 20 years in prison, and one count of operation of an unlicensed money transmitting business, which carries a maximum of five years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by a judge.
Mr. Williams praised the outstanding work of the Federal Bureau of Investigation.
The case is being handled by the Office’s Illicit Finance and Money Laundering Unit. Assistant U.S. Attorneys Cecilia Vogel, Christopher Brumwell, and Vladislav Vainberg are in charge of the prosecution.
islamov_et_al_indictment.pdf[1] As the introductory phrase signifies, the entirety of the texts of the Indictments and the descriptions of the Indictments set forth herein constitute only allegations and every fact described should be treated as an allegation.
Former NYCHA Superintendent Convicted of Bribery and Extortion OffensesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that Joy Harris, a former New York City Housing Authority (“NYCHA”) superintendent, was convicted of bribery and extortion under color of official right for soliciting and accepting tens of thousands of dollars from contractors in exchange for awarding those contractors no-bid contracts at NYCHA developments. The verdict followed a one-week trial before U.S. District Judge Lewis A. Kaplan, who will sentence HARRIS on February 26, 2025.
U.S. Attorney Damian Williams said: “Corruption is an insidious crime—difficult to detect, corrosive in its effect on government agencies, and damaging to public trust in government institutions. Joy Harris’s years-long abuse of her position to demand tens of thousands of dollars in bribes betrayed her duty to NYCHA residents, the City of New York, and taxpayers. The jury’s unanimous verdict sends a clear message that those who use their public offices for personal gain will be held accountable.”
According to the evidence presented in court during the trial:
NYCHA is the largest public housing authority in the country, providing housing to New Yorkers across the City and receiving over $1.5 billion in federal funding from the U.S. Department of Housing and Urban Development (“HUD”) every year. When repairs or construction work at NYCHA housing require the use of outside contractors, services must typically be purchased via a bidding process. However, when the value of a contract was under a certain threshold, designated staff at NYCHA developments, including assistant superintendent and superintendents, could hire a contractor of their choosing without soliciting multiple bids.
HARRIS, an assistant superintendent and superintendent at four different NYCHA developments in Manhattan between 2015 and 2021, demanded and accepted cash in exchange for NYCHA contracts. She required contractors to pay bribes up front in order to be awarded the contracts or required bribe payments after the contractor finished the work and needed a NYCHA employee to sign off on the completed job so that the contractor could be paid by NYCHA. HARRIS typically demanded 10% of the contract value—between $500 and $1,000, depending on the size of the contract. In total, HARRIS demanded and accepted tens of thousands of dollars in bribes in exchange for awarding contracts worth hundreds of thousands of dollars.
* * *
HARRIS, 49, of Bushkill, Pennsylvania, was convicted of one count of federal program bribery, which carries a maximum term of 10 years in prison, and one count of extortion under color of official right, which carries a maximum term of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the New York City Department of Investigation, U.S. Department of Homeland Security – Homeland Security Investigations (“HSI”), the HUD Office of Inspector General, and the U.S. Department of Labor – Office of Inspector General, which work together collaboratively as part of the HSI Document and Benefit Fraud Task Force, as well as the special agents and task force officers of the U.S. Attorney’s Office for the Southern District of New York.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (“OCDETF”) operation. OCDETF identifies, disrupts, and dismantles criminal organizations using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Of the 70 current and former NYCHA employees charged with bribery and extortion offenses in February 2024, 55 of the defendants have now pled guilty or been convicted at trial. The charges against the remaining defendants are pending.
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Jerry J. Fang, Meredith Foster, Sheb Swett, Jacob R. Fiddelman, and Catherine Ghosh are in charge of the prosecution, with the assistance of Paralegal Specialists Jayda Foote and Nandita Vasantha.
Federal Inmate at MDC Brooklyn Charged with Orchestrating Murder-For-Hire Using A Contraband CellphoneRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; and Patrick J. Freaney, Special Agent in Charge of the New York Field Office of the United States Secret Service (“USSS”), announced the unsealing of a Superseding Indictment charging DAJAHN MCBEAN, a/k/a “Jeezy Mula,” a/k/a “Freeze,” KARL SMITH, a/k/a “Pacavell,” and CHELSEY HARRIS, a/k/a “Ms. Chinn” with murder‑for‑hire conspiracy resulting in personal injury and death, stalking resulting in life threatening bodily injury and death, and conspiracy to destroy records. These charges relate to MCBEAN, SMITH, and HARRIS’s roles in attempting to murder an individual in December 2023, which resulted in the shooting death of Clarisa Burgos on December 26, 2023. MCBEAN is already serving a federal sentence for directing a separate gang-related shooting in January 2017 and will be presented today in Manhattan federal court before U.S. Magistrate Judge Sarah L. Cave. SMITH and HARRIS were arrested previously and are detained pending trial. The case is assigned to U.S. District Judge Analisa Torres.
U.S. Attorney Damian Williams said: “As alleged, Dajahn McBean and his co-conspirators planned and carried out an elaborate plot to murder another individual by causing others to shoot at the target several times in New York City. During one of those shootings, an innocent bystander, Clarisa Burgos, was killed. McBean allegedly directed this murder plot using a contraband cellphone from within a federal jail while waiting to be sentenced for a separate gang related shooting. Thanks to the hard work of the prosecutors in this Office and our law enforcement partners, McBean and his co-conspirators will be held to account for this crime. These charges make clear that this Office and our law enforcement partners are dedicated to prosecuting those who commit violence on our streets and any federal inmate who causes such violence.”
U.S.S.S. Special Agent in Charge Patrick J. Freaney said: "The abiding intent to cause death, as alleged in this murder-for-hire case, is truly shocking. The relentless investigation that followed evinces the Secret Service’s unwavering commitment to take the worst among us off the streets. I want to thank the NYPD Financial Crimes Task Force for their incredible partnership and devotion to this critical work."
As alleged in public court filings, statements at public court proceedings, and the Superseding Indictment:[1]
In December 2023, MCBEAN was detained at Metropolitan Detention Center in Brooklyn, New York (“MDC Brooklyn”) awaiting sentencing for directing a separate gang-related shooting in January 2017. While in federal custody, MCBEAN feuded over social media with another gang member (“Victim-1”). MCBEAN then used a contraband cellphone from inside MDC Brooklyn to conspire with SMITH and HARRIS, who were at liberty in the community, to lure Victim-1 to various nightclubs in New York City where MCBEAN had arranged for gunmen to kill Victim-1. MCBEAN paid SMITH and HARRIS through intermediaries for their roles in this conspiracy.
The plot to kill Victim-1 resulted in two shootings. First, on December 24, 2023, MCBEAN and his co‑conspirators lured Victim-1 to a nightclub (“Club-1”) in Queens, New York. Outside Club-1, gunmen shot and struck Victim-1’s car multiple times but missed Victim-1. Second, on December 26, 2023, MCBEAN and his co-conspirators tried again to kill Victim-1, this time luring him to a different nightclub (“Club-2”) in Queens. At MCBEAN’s direction from within MDC Brooklyn, gunmen again fired on Victim‑1’s car when it was parked outside Club-2. The bullets struck Victim-1 multiple times, but Victim-1 survived. The bullets also struck and killed Victim‑1’s girlfriend, Clarisa Burgos, who was seated in Victim-1’s car. Clarisa Burgos was twenty-eight years old.
* * *
MCBEAN, 29, of Queens, New York, SMITH, 26, of Queens, New York, and HARRIS, 23, of the Bronx, New York, are charged with one count of murder-for-hire conspiracy resulting in personal injury and death, which carries a mandatory minimum term of life in prison or death; stalking resulting in life threatening bodily injury and death, which carries a maximum term of life in prison; and conspiracy to destroy records, which carries a maximum term of five years in prison.
The mandatory minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendant will be determined by a judge.
Mr. Williams praised the work of the USSS Financial Crimes Task Force and the New York City Police Department. Mr. Williams also thanked the Special Agents from Homeland Security Investigations’ El Dorado Task Force for their assistance in the investigation. He added that the investigation is ongoing.
This case is being handled by the Office’s Violent & Organized Crime Unit. Assistant U.S. Attorneys Ryan W. Allison, Andrew K. Chan, and Jared D. Hoffman are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
u.s._v._dajahn_mcbean_et_al_s2_indictment_24_cr._541.pdf[1] As the introductory phase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Art Advisor Lisa Schiff Pleads Guilty to Defrauding ClientsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that LISA SCHIFF, a Manhattan-based art advisor focused on contemporary art, pled guilty before United States District Judge J. Paul Oetken to one count of wire fraud for perpetrating a multi-year scheme in which she defrauded the clients of her art advisory business of approximately $6.5 million in connection with the purchase and sale of approximately 55 artworks. SCHIFF will be sentenced by Judge Oetken on January 17, 2025, at 10:30 a.m.
U.S. Attorney Damian Williams said: “For years, Lisa Schiff breached the trust of her art advisory clients by lying to them and diverting millions of dollars her clients had entrusted to her. Instead of using client funds as promised, Schiff used the stolen money to fund a lavish lifestyle. Today’s guilty plea serves as a reminder that the Southern District of New York will vigorously investigate and prosecute those who engage in fraud wherever we may find them, including the art market.”
Assistant Director in Charge James E. Dennehy said: “Lisa Schiff attempted to paint a picture of a successful fine art advisory business, when in reality—as she admitted today—it was actually a multimillion-dollar fraudulent scheme. After half a decade of deceit, Ms. Schiff will now be held accountable for her lies and duplicitous actions. FBI New York will continue to ensure that individuals attempting to defraud their clients are brought to justice.”
According to the Information, plea agreement, and statements made in court:
From 2018 through May 2023, SCHIFF engaged in a scheme to defraud clients of her art advisory business, Schiff Fine Art (“SFA”) by diverting her clients’ funds—profits from the sale of her clients’ artworks or payments they made to purchase artwork—to pay her own personal and business expenses. SCHIFF advised clients regarding the purchase and sale of artworks and bought and sold artworks on behalf of clients in exchange for a commission. In her role as an art advisor, SCHIFF acted as an intermediary between art galleries and auction houses, and her clients, who were art collectors. Typically, when SCHIFF’s clients bought or sold artworks, payments were routed through SCHIFF’s business, SFA. In addition, when SCHIFF sold artworks on behalf of a client, she often had custody or control of the artworks to coordinate the sale. At times, SCHIFF, through SFA, also sold artwork on consignment on behalf of artists and other galleries.
Starting in about 2018, SCHIFF began defrauding her clients in two ways: (1) not remitting payments to her clients when she sold their artwork while not disclosing to her clients that their artworks had, in fact, been sold; and (2) not purchasing artworks on behalf of clients despite representing to her clients that she would purchase certain artworks on their behalf using their funds. Instead of using client funds as promised, SCHIFF diverted her clients’ money to pay her business and personal expenses. SCHIFF lied to her clients and galleries in furtherance of her fraud scheme. For example, when defrauding clients in connection with selling their artwork, SCHIFF at times lied to clients, claiming she had not sold the artwork, or the buyer was delayed in making the payment and SCHIFF still had custody of the artwork when, in fact, SCHIFF had sold the artwork, received payment from the buyer, and delivered the artwork to the buyer. When defrauding clients in connection with purchasing artwork on their behalf, SCHIFF lied to galleries from which she was supposed to purchase artwork on behalf clients, blaming delays in payment on clients when, in fact, clients had already paid SCHIFF for the purchase of the artwork but she had diverted the funds for her own use. Over several years, SCHIFF defrauded at least twelve clients, one artist, the estate of another artist, and one gallery, collectively, of at least approximately $6.5 million. During her fraud, SCHIFF lived lavishly and incurred substantial debts, which she paid in part using her victims’ diverted funds.
In about May 2023, SCHIFF could no longer conceal her scheme due to mounting debts. SCHIFF confessed to several clients that she had stolen their money.
* * *
SCHIFF, 54, a Manhattan resident, pled guilty to one count of wire fraud, which carries a maximum prison term of 20 years. Under the terms of her plea agreement, SCHIFF agreed to forfeit approximately $6.4 million.
The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding work of the Federal Bureau of Investigation’s Art Crime Team and the FBI/New York Police Department's Joint Major Theft Task Force.
This case is being handled by the Office’s Illicit Finance and Money Laundering Unit. Assistant United States Attorneys Jennifer Ong and Cecilia Vogel are in charge of the prosecution.
Senior Promoter in Cryptocurrency Ponzi Scheme Sentenced to 240 Months in PrisonRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that on October 15, 2024, JUAN TACURI, a senior promoter in the cryptocurrency Ponzi scheme known as Forcount (and later known as Weltsys) was sentenced to the statutory maximum of 240 months in prison by United States District Judge Analisa Torres. The Forcount scheme spanned the globe, ensnared thousands of victim-investors (“Victims”), and in the United States principally targeted Spanish-speaking populations. TACURI was one of the scheme’s most successful promoters and reaped millions of dollars from his participation in the fraud, which he spent on Florida real estate and luxury goods, among other things. Over 20 Victims appeared before the Court to give victim impact statements.
U.S. Attorney Damian Williams said: “Juan Tacuri may have claimed to be involved in cutting- edge cryptocurrency investing, but, in reality, he was running one of the oldest tricks in the book: a Ponzi scheme. Tacuri was one of the most prolific promoters of the Forcount Ponzi scheme, taking in millions of dollars from working class victims. Instead of using victims’ funds as promised, he instead spent it on himself. Today’s sentence should serve as a stark reminder that, in the long run, fraud does not pay.”
According to the Indictment, public filings, and statements made in court:
Forcount was a purported cryptocurrency mining and trading company that promised to earn its victim-investors (“Victims”) profits in exchange for their purchase of purported cryptocurrency-related investment products. The founders and promoters of the scheme, such as TACURI, falsely promised their Victims, among other things, that profits from the company’s cryptocurrency trading and mining would result in guaranteed daily returns on Victims’ investments and the doubling of those investments within six months. In reality, Forcount was not engaging in cryptocurrency trading or mining, and the founder and promoters of the scheme were using Victim funds to pay other Victims, to further promote the schemes, and to enrich themselves.
TACURI traveled throughout the United States where he and others hosted lavish expos and small community presentations aimed at luring Victims to invest in the schemes, including in the Southern District of New York. During larger-scale events, TACURI would present Forcount’s investment products and compensation plan, encourage Victims to invest as a means of achieving financial freedom, and boast about the amount of money he was earning, including by wearing designer clothing to such events. The atmosphere of these events was festive and designed to generate excitement about the schemes.
Victims invested in the Forcount scheme by purchasing investment products from promoters, such as TACURI, using cash, checks, wire transfers, and actual cryptocurrency. Following a Victim’s investment, they would be provided with access to an online portal where they could monitor their purported returns. While Victims saw “profits” accumulate on the scheme’s online portal, most Victims were unable to withdraw any of these so-called profits and ultimately lost their entire investments. By contrast, Forcount’s promoters, like TACURI, siphoned off, in some cases, hundreds of thousands of dollars in Victim funds, which they withdrew as cash, spent on promotional expenses for the schemes, and used for personal expenditures such as luxury goods and real estate.
At least as early as in or about April 2018, Victims who attempted to withdraw money from their online portal accounts had difficulty doing so and, when they complained to promoters, such as TACURI, they were met with excuses, delays, and hidden fees, if they were able to make any withdrawals at all. Despite these complaints, Forcount’s promoters, including TACURI, continued to promote the fraudulent scheme and accept Victims’ investments. As complaints mounted Forcount began offering proprietary crypto-tokens for sale as a means of injecting liquidity into the scheme. TACURI claimed that these tokens, known as “Mindexcoin,” would eventually be worth a significant amount of money when they were accepted by companies for payment for goods and services. This was false. In reality, they were essentially worthless and resulted in further financial loss to Victims. By in or about 2021, the scheme had stopped making payments to Victims and their chief promoters, including TACURI, stopped promoting the schemes, and, in some instances, stopped responding to Victims’ complaints altogether.
* * *
In addition to the prison term, TACURI, 46, of Greenacres, Florida, was sentenced to one year of supervised release and ordered to forfeit $3,610,718.67 and all right and title to a home in Florida that he purchased in part with Forcount Victim funds. TACURI was also ordered to pay at least $3,610,718.67 in restitution.
Mr. Williams praised the outstanding investigative work of Homeland Security Investigations. Mr. Williams also thanked the New York City Police Department, the New York City Sheriff’s Office, the Bureau of Insurance Fraud, Property, and Casualty in the Division of Investigative and Forensic Services of the Florida Department of Financial Services, and the Florida Office of Financial Regulation for their assistance. Mr. Williams also thanked the Securities and Exchange Commission and the Brazilian Federal Police for their assistance.
The case is being handled by the Office’s Illicit Finance and Money Laundering Unit. Assistant U.S. Attorneys Benjamin A. Gianforti and Michael D. Maimin are in charge of the prosecution.
If you believe that you have been victimized by the Forcount/Weltsys Ponzi scheme, please send an email to USANYS-ForcountVicti@usa.doj.gov.
Husband of Daycare Operator Sentenced to 45 Years in Prison in Connection with Fentanyl Poisoning of Four Children at A Bronx DaycareRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that FELIX HERRERA GARCIA was sentenced to 45 years in prison for trafficking fentanyl out of a daycare in the Bronx, which resulted in the death of one child and the poisoning of three others. Herrera Garcia pled guilty on June 10, 2024, before United States District Judge Jed S. Rakoff, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Felix Herrera Garcia operated a deadly fentanyl trafficking enterprise out of a Bronx daycare, recklessly putting babies at risk of fentanyl exposure. Tragically, on September 15, 2023, one child was killed and four others were poisoned at the daycare by the defendant’s deadly drugs. This case demonstrates the deadly reach and scope of the fentanyl epidemic, and the profound damage it inflicts on American lives, including the lives of the most vulnerable among us. This Office and our law enforcement partners will work tirelessly to ensure that anyone who harms or risks the lives of children in connection with their deadly narcotics activities will be brought to justice.”
According to the Complaint, the Indictment, and other documents in the public record:
From at least in or about October 2022 through September 2023, HERRERA GARCIA and others conspired to distribute narcotics out of Divino Niño Daycare (the “Daycare”) in the Bronx. There, HERRERA GARCIA and his co-conspirators maintained more than eleven kilograms of fentanyl and heroin in secret compartments, or traps, located underneath the floor tiles in the playroom of the Daycare, where the children played, ate, and slept on a daily basis.
As a consequence of the drug conspiracy perpetrated by HERRERA GARCIA and his co-conspirators, on or about September 15, 2023, four children at the Daycare, all of whom were under three years of age, experienced the effects of poisoning from exposure to fentanyl. Three of the children were hospitalized. The fourth child, 22-month-old boy, died.
* * *
In addition to the prison term, HERRERA GARCIA, 35, of the Bronx, New York, was sentenced to 5 years of supervised release.
Mr. Williams praised the outstanding investigative work of the Drug Enforcement Administration (“DEA”), the New York City Police Department (“NYPD”), the Southern District of New York Digital Forensic Unit, the Complex Analytical and Social Media Enhancement Team at the New York/New Jersey High Intensity Drug Trafficking Area, the Organized Crime Drug Enforcement Task Force (“OCDETF”) New York Strike Force, and the United States Marshals Service (“USMS”). Mr. Williams also thanks the NY/NJ Regional Fugitive Task Force of the USMS, the USMS Office of International Operations, the USMS for the Southern District of New York, the USMS for the Southern District of Texas, the USMS for the Southern District of California, the USMS Mexico Field Office, the USMS Investigative Operations Division, the DEA New York Strike Force, the DEA Regional Office in Allentown, Pennsylvania, the DEA Regional Office in McAllen, Texas, the DEA Regional Office in Mexico City, Mexico, the DEA Regional Office in Hermosillo, Mexico, the DEA Regional Office in Monterrey, Mexico, the DEA Special Operations Division, the NYPD 52nd Precinct’s Detective Squad, the NYPD Bronx Homicide Squad, the NYPD Laboratory, the Office of International Affairs of the Justice Department’s Criminal Division, the U.S. Attorney’s Office for the Southern District of Texas, the U.S. Attorney’s Office for the Southern District of California, U.S. Customs and Border Protection, and Mexican Federal and State authorities.
The OCDETF New York Strike Force provides for the establishment of permanent, multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The specific mission of the New York Strike Force is to target, disrupt, and dismantle drug trafficking and money laundering organizations, reduce the illegal drug supply in the United States, and bring criminals to justice.
This case is being prosecuted by the Office’s Narcotics Unit. Assistant U.S. Attorneys Brandon C. Thompson, Maggie Lynaugh, and Justin Rodriguez, as well as Special Assistant U.S. Attorney Karl P. Miller of the Office of the Bronx County District Attorney’s Homicide Bureau, are in charge of the prosecution.
New Jersey Man Pleads Guilty to Causing the Death of A Seven-Year-Old Boy and A 48-Year-Old Woman in Hudson River Boat CapsizingRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that RICHARD CRUZ pled guilty to misconduct and neglect of a ship officer resulting in death, in connection with the deaths of a seven-year-old boy and a 48-year-old woman after the motor vessel Stimulus Money capsized in the Hudson River in July 2022. CRUZ pled guilty before United States District Judge Katherine Polk Failla, who will sentence CRUZ on January 25, 2025, at 3:30 p.m.
U.S. Attorney Damian Williams said: “Richard Cruz admitted today that his misconduct and negligent actions caused the tragic deaths of a young boy and a woman when Cruz’s vessel capsized in the Hudson River. This prosecution should send a message to all captains and operators of commercial vessels that there will be consequences when they fail to follow the federal regulations and safety protocols that exist to keep passengers safe.”
According to the allegations contained in the Complaint, Information, and statements made in court:
On or about July 12, 2022, at approximately 2:40 p.m., the motor vessel Stimulus Money capsized in the Hudson River resulting in the death of two passengers — a seven-year-old boy (“Victim-1”) and a 48-year-old woman (“Victim-2”). At the time of the capsizing, RICHARD CRUZ was the owner and captain of the vessel. CRUZ had purchased the vessel approximately three months before the capsizing. CRUZ conducted boat “tours” for paying customers onboard the vessel on multiple occasions in the months leading up to the capsizing, despite not having the required United States Coast Guard (“USCG”) credentials and certifications to do so.
CRUZ’s negligent actions and omissions caused the capsizing and the deaths of Victim-1 and Victim-2. At the time of the capsizing, among other things: (i) CRUZ operated Stimulus Money with 13 people on board, exceeding the vessel’s maximum allowable capacity; (ii) CRUZ operated Stimulus Money at a high rate of speed even though an advisory had been issued to alert small watercraft of hazardous conditions, including high winds and heavy seas; (iii) CRUZ had not obtained a required USCG certification to operate the vessel with paying customers on board; and (iv) CRUZ operated Stimulus Money without a valid USCG Certificate of Inspection, which is required for a vessel to operate with paying customers on board.
All 13 people on board Stimulus Money were thrown overboard when it capsized in the Hudson River. Shortly after the capsizing, boats from the New York City Police Department’s (“NYPD”) Harbor Unit and the New York City Fire Department’s (“FDNY”) Dive Rescue Team, and ferries operating nearby, arrived at the scene of the capsizing to render emergency assistance. All but two passengers were recovered conscious and in varying medical conditions. They were subsequently transferred to hospitals in Manhattan and survived the capsizing. Approximately 25 minutes after the capsizing, members of the FDNY Dive Rescue Team recovered Victim-1 and Victim-2 from the Hudson River. They were trapped underneath the capsized vessel and found unconscious. Emergency medical personnel subsequently pronounced Victim-1 and Victim-2 deceased. The cause of death was drowning.
* * *
Please report any illegal passenger charters to the USCG at https://www.p3tips.com/878.
CRUZ, 32, of Elizabeth, New Jersey, pled guilty to one count of misconduct and neglect of a ship officer resulting in death, which carries a maximum sentence of 10 years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the USCG Investigative Service and the Special Agents and NYPD Detectives assigned to the U.S. Attorney’s Office for the Southern District of New York.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Jeffrey W. Coyle is in charge of the prosecution.
U.S. Army Soldier Sentenced to 14 Years in Prison for Attempting to Assist ISIS to Conduct Deadly Ambush on U.S. TroopsRead the Press Release
Cole Bridges, also known as Cole Gonzales, 24, of Stow, Ohio, was sentenced to 168 months in prison followed by 10 years of supervised release for attempting to provide material support to a designated foreign terrorist organization and attempting to murder U.S. military service members, based on his efforts to assist the Islamic State of Iraq and al-Sham (ISIS) to attack and kill U.S. soldiers in the Middle East.
Bridges pleaded guilty to terrorism charges on June 14, 2023. According to court documents, Bridges joined the U.S. Army in approximately September 2019 and was assigned as a cavalry scout in the Third Infantry Division based in Fort Stewart, Georgia. Before he joined the Army, beginning in at least 2019, Bridges began researching and consuming online propaganda promoting jihadists and their violent ideology, and began to express his support for ISIS and jihad on social media. In or about October 2020, approximately one year after joining the Army, Bridges began communicating with an FBI online covert employee (the OCE), who was posing as an ISIS supporter in contact with ISIS fighters in the Middle East. During these communications, Bridges expressed his frustration with the U.S. military and his desire to aid ISIS. Bridges then provided training and guidance to purported ISIS fighters who were planning attacks, including advice about potential targets in New York City. Bridges also provided the OCE with portions of a U.S. Army training manual and guidance about military combat tactics, with the understanding that the materials would be used by ISIS in future attack planning.
In or about December 2020, Bridges began to supply the OCE with instructions for the purported ISIS fighters on how to attack U.S. forces in the Middle East. Among other things, Bridges diagrammed specific military maneuvers intended to help ISIS fighters maximize the lethality of future attacks on U.S. troops. Bridges also provided advice about the best way to fortify an ISIS encampment to ambush U.S. Special Forces, including by wiring certain buildings with explosives to kill the U.S. troops. Then, in January 2021, Bridges provided the OCE with a video of himself in his U.S. Army body armor standing in front of a flag often used by ISIS fighters and making a gesture symbolic of support for ISIS. Approximately one week later, Bridges sent a second video in which Bridges, using a voice manipulator, narrated a propaganda speech in support of the anticipated ambush by ISIS on U.S. troops.
The FBI's New York Joint Terrorism Task Force investigated the case, with valuable assistance provided by the FBI field offices in Washington, Atlanta, and Cleveland; U.S. Army Counterintelligence, the U.S. Attorney’s Office for the Southern District of Georgia, Air Force Office of Special Investigations, U.S. Army Criminal Investigation Command, and U.S. Army Third Infantry Division.
Assistant U.S. Attorneys Sam Adelsberg and Matthew Hellman for the Southern District of New York prosecuted the case, with assistance from Trial Attorney Michael Dittoe of the National Security Division’s Counterterrorism Section.
U.S. Army Soldier Sentenced to 14 Years in Prison for Attempting to Assist ISIS to Conduct Deadly Ambush on U.S. TroopsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that COLE BRIDGES, a/k/a “Cole Gonzales,” was sentenced to 14 years in prison for attempting to provide material support to a designated foreign terrorist organization, and attempting to murder U.S. military service members, based on his efforts to assist the Islamic State of Iraq and al-Sham (“ISIS”) to attack and kill U.S. soldiers in the Middle East. BRIDGES pled guilty on June 14, 2023, before U.S. District Judge Lewis J. Liman, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Cole Bridges used his U.S. Army training to pursue a horrifying goal: the brutal murder of his fellow service members in a carefully plotted ambush. Bridges sought to attack the very soldiers he was entrusted to protect and, making this abhorrent conduct even more troubling, was eager to help people he believed were members of a deadly foreign terrorist organization plan this attack. This is a betrayal of the worst order. Today’s sentence makes clear that that this Office—along with our partners in law enforcement and the U.S. military—will work tirelessly to bring to justice those who, like Bridges, seek to harm members of our Armed Forces.”
According to the Complaint, the Indictment, and other documents in the public record, as well as statements made in public court proceedings:
BRIDGES joined the U.S. Army in approximately September 2019, and was assigned as a cavalry scout in the Third Infantry Division based in Fort Stewart, Georgia. Before he joined the Army, beginning in at least 2019, BRIDGES began researching and consuming online propaganda promoting jihadists and their violent ideology, and began to express his support for ISIS and jihad on social media. In or about October 2020, approximately one year after joining the Army, BRIDGES began communicating with a Federal Bureau of Investigation (“FBI”) online covert employee (the “OCE”), who was posing as an ISIS supporter in contact with ISIS fighters in the Middle East. During these communications, BRIDGES expressed his frustration with the U.S. military and his desire to aid ISIS. BRIDGES then provided training and guidance to purported ISIS fighters who were planning attacks, including advice about potential targets in New York City. BRIDGES also provided the OCE with portions of a U.S. Army training manual and guidance about military combat tactics, with the understanding that the materials would be used by ISIS in future attack planning.
In or about December 2020, BRIDGES began to supply the OCE with instructions for the purported ISIS fighters on how to attack U.S. forces in the Middle East. Among other things, BRIDGES diagrammed specific military maneuvers intended to help ISIS fighters maximize the lethality of future attacks on U.S. troops. BRIDGES also provided advice about the best way to fortify an ISIS encampment to ambush U.S. Special Forces, including by wiring certain buildings with explosives to kill the U.S. troops. Then, in January 2021, BRIDGES provided the OCE with a video of himself in his U.S. Army body armor standing in front of a flag often used by ISIS fighters and making a gesture symbolic of support for ISIS. Approximately one week later, BRIDGES sent a second video in which BRIDGES, using a voice manipulator, narrated a propaganda speech in support of the anticipated ambush by ISIS on U.S. troops.
* * *
In addition to the prison term, BRIDGES, 24, of Stow, Ohio, was sentenced to 10 years of supervised release.
Mr. Williams praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department, and over 50 other federal, state, and local agencies. Mr. Williams also thanked U.S. Army Counterintelligence, the FBI Washington Field Office, the FBI Atlanta Field Office and its Savannah Resident Agency, the FBI Cleveland Field Office, the FBI’s Counterterrorism Division, the U.S. Attorney’s Office for the Southern District of Georgia, the Air Force Office of Special Investigations, U.S. Army Criminal Investigation Command, the U.S. Army Third Infantry Division, and the Counterterrorism Section of the Department of Justice’s National Security Division for their assistance.
This prosecution is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Sam Adelsberg and Matthew Hellman are in charge of the prosecution, with assistance from Trial Attorney Michael Dittoe of the Counterterrorism Section.
Controller of Family-Owned Businesses Pleads Guilty to Embezzling $3.4 MillionRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that JOHN HICKEY, the former controller and Director of Quality Assurance for a family-owned business in Armonk, New York, pled guilty to one count of wire fraud in connection with his embezzlement of more than $3.4 million from the business.
U.S. Attorney Damian Williams said: “John Hickey embezzled over $3.4 million from a family-owned business, exploiting his position of trust for personal gain. Today’s guilty plea holds Hickey accountable for his illegal conduct and demonstrates our unwavering commitment to pursuing justice for victims of fraud.”
According to the allegations contained in the Information:[1]
HICKEY was a member of the family that owned the group of victim corporations and held minority ownership interest in some of the corporations. The victim corporations manufactured flame retardant fabrics. HICKEY began to work at the victim corporations while he was in college and became the Director of Quality Assurance in or about 2012. HICKEY also served as the controller of some of the victim corporations.
From February 2018 to November 2023, HICKEY embezzled $3,461,292.69 from the victim corporations. He created false invoices that appeared to be from entities with which the vctim corporations did business. He then forged signatures that supposedly approved payment of those invoices and caused the victims' accounting system to print checks payable to him in the amount of the invoices. Once a check was printed, HICKEY changed the payee on the check to match the name on the corresponding false invoice. He used a rubber signature stamp to sign the checks. HICKEY used the proceeds of the above scheme to gamble on sporting events, to attend concerts and sporting events, to improve and repair his home and to go on vacations.
* * *
HICKEY, 34, of Feasterville-Trevose, PA, pleaded guilty to one count of wire fraud, which carries a maximum sentence of twenty years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as the sentence will be determined by the court.
Mr. Williams praised the outstanding investigative work of the Special Agents of the United States Attorney's Office for the Southern District of New York.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorney James McMahon is in charge of the prosecution.
[1]As the introductory phrase signifies, the entirety of the text of the Information, and the description of the Information set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Bronx Man Convicted of Robberies and Firearms OffenseRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced the conviction in Manhattan federal court of JAMES KELLY for robbing two delis in the Bronx, New York, on October 10, 2021 and January 15, 2023, and brandishing a firearm in connection with the 2023 robbery. The jury convicted KELLY today following a four-day trial before U.S. District Judge Gregory H. Woods.
U.S. Attorney Damian Williams said: “James Kelly used a firearm to intimidate and threaten the lives of working New Yorkers, all to steal money from their delis. Today, a unanimous jury of his peers held Kelly accountable for his crimes. We thank our law enforcement partners for their relentless pursuit of justice for the victims and the public."
According to the allegations in the Indictment and the evidence presented during trial and court proceedings:
On October 10, 2021, KELLY entered a deli in the Bronx with his hands in his pocket, purporting to have a gun. He got close to a deli employee working alone in the store, threatened to shoot him, and demanded cash and marijuana. After the deli employee gave KELLY cash, KELLY ordered the deli employee to get down on the ground and said that if the employee moved, he would “shoot the shit” out of the employee. Fifteen months later, on January 15, 2023, KELLY robbed another deli in the Bronx, pointed a gun at two deli employees, again demanded cash and threatened to shoot them, and again ordered them to get on the ground.
* * *
KELLY, 32, of the Bronx, New York, was convicted of two counts of Hobbs Act robbery, each of which carries a maximum sentence of 20 years in prison; and one count of the use, carrying, and possession of a firearm, which was brandished, which carries a mandatory minimum sentence of seven years in prison and a maximum sentence of life in prison.
The statutory minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge. KELLY is scheduled to be sentenced by Judge Woods on January 14, 2025.
Mr. Williams praised the outstanding investigative work of the New York City Police Department’s Bronx Violent Crimes Squad and the investigators of the Office.
This case is being supervised by the Office’s General Crimes Unit. Assistant U.S. Attorneys Connie L. Dang, Adam Z. Margulies, Georgia V. Kostopoulos, Katherine Cheng, and David R. Felton are in charge of the prosecution, with the assistance of Paralegal Specialist Olivia Sebade.
Two Russian Nationals Charged for Their Participation in an Illicit Procurement Network That Exported to Russia Sensitive U.S.-Sourced Microelectronics with Military Applications in Violation of U.S. Export ControlsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Jonathan Carson, the Special Agent in Charge of the Office of Export Enforcement of the New York Field Office of the Bureau of Industry and Security of the U.S. Department of Commerce, announced today that ZHANNA SOLDATENKOVA and RUSLAN ALMETOV, both Russian nationals, were indicted along with ARTHUR PETROV, a dual Russian and German national, for export control violations, smuggling, wire fraud, and money laundering in connection with their alleged participation in a scheme to procure U.S.-sourced microelectronics subject to U.S. export controls on behalf of a Russia-based supplier of critical electronics components for manufacturers supplying weaponry and other equipment to the Russian military. PETROV, previously charged in a criminal Complaint, was arrested on August 26, 2023, in the Republic of Cyprus at the request of the U.S. and was extradited from the Republic of Cyprus earlier this year. He arrived in the Southern District of New York on August 8, 2024, and was ordered detained. SOLDATENKOVA and ALMETOV are at large. The case is assigned to U.S. District Judge Alvin K. Hellerstein.
The indictment can be read here.
U.S. Attorney Damian Williams said: “Zhanna Soldatenkova and Ruslan Almetov are now charged, alongside previously charged Arthur Petrov, for conspiring to smuggle microelectronics with military applications from U.S. distributors to a Russian company that supplies manufacturers for the Russian military. This Office is committed to exposing the full breadth of such illicit procurement networks and protecting our national security.”
Assistant Director in Charge James E. Dennehy said: “Zhanna Soldatenkova and Ruslan Almetova, along with Arthur Petrov, allegedly conspired to evade export laws as members of an illegal international procurement network to help aid the Russian defense industry. As alleged, by deliberately concealing the true nature of their business, they not only violated the law but ultimately put the national security of our country at risk. The FBI, in concert with our partners, is determined to protect the United States and will hold accountable anyone attempting to harm our nation.”
Special Agent in Charge Jonathan Carson said: “As this action demonstrates, we will work with our domestic and international law enforcement partners to charge alleged violators wherever they may be worldwide. Illegal global procurement networks that prop up the Russian war machine will not be tolerated. That’s why we and our law enforcement partners are working nonstop to ensure that those operating such networks face American justice.”
According to the allegations contained in the Indictment returned in Manhattan federal court:[1]
PETROV is a dual Russian-German national who previously resided in Russia and Cyprus and worked for LLC Electrocom VPK (“Electrocom”), a Russia-based supplier of critical electronics components for manufacturers supplying weaponry and other equipment to the Russian military. SOLDATENKOVA is a Russian national who has resided in Russia and worked for Electrocom. ALMETOV is also a Russian national who has resided in Russia and was the co-founder and served as General Director of Electrocom.
PETROV, SOLDATENKOVA, and ALMETOV operated an illicit procurement network in Russia and elsewhere overseas. More specifically, they fraudulently procured from U.S. distributors large quantities of microelectronics subject to U.S. export controls on behalf of Electrocom. To carry out the scheme, PETROV, SOLDATENKOVA, and ALMETOV used shell companies and other deceptive means to conceal that the electronics components were destined for Russia. The technology that the defendants procured in contravention of export controls had significant military applications and included various types of electronics components of the sort that have been recovered in Russian military hardware on the battlefield in Ukraine, such as Russian guided missiles, drones, and electronic warfare and communications devices.
To perpetrate the scheme, PETROV first acquired the controlled microelectronics from U.S.-based electronics exporters using a Cyprus-based shell company, Astrafteros Technokosmos LTD (“Astrafteros”), which he operated. PETROV procured these sensitive electronics components by falsely representing to the U.S. exporters that Astrafteros was purchasing the items for fire security systems, among other commercial uses, and that the ultimate end-users and destinations of the electronics are companies in Cyprus or other third countries — when in fact the components were destined for Electrocom in Russia, which supplies manufacturers for the Russian military. The microelectronics that PETROV procured as part of the conspiracy included, among other things, microcontrollers and integrated circuits on the Commerce Control List maintained by the Commerce Department and which could not lawfully be exported or reexported to Russia without a license from the Commerce Department. Invoices provided to PETROV by the U.S. distributors expressly noted that these microcontrollers and integrated circuits were subject to U.S. export controls.
To evade these controls, PETROV, SOLDATENKOVA, and ALMETOV worked together to transship the controlled items procured by PETROV using pass-through entities operated by SOLDATENKOVA and ALMETOV in third countries. SOLDATENKOVA and ALMETOV then caused the items to be shipped, sometimes through yet another country, to the ultimate destination: Electrocom in Saint Petersburg, Russia. At all times, PETROV, SOLDATENKOVA, and ALMETOV concealed from the U.S. distributors that they were procuring the controlled electronics components on behalf of Electrocom and that the items were destined for Russia. During the course of the conspiracy, PETROV, SOLDATENKOVA, and ALMETOV procured from U.S. distributors and shipped to Russia more than $225,000 worth of controlled electronics components with military applications.
* * *
A table containing the charges and maximum penalties for PETROV, 35, of Russia and Cyprus, SOLDATENKOVA, 36, of Russia, and ALMETOV, 43, of Russia, is set forth below. The maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Charge
Defendants
Maximum Penalties
Count One: Conspiracy to defraud the United States (18 U.S.C. § 371)PETROV, SOLDATENKOVA, and ALMETOV5 years’ imprisonmentCount Two: Conspiracy to violate the Export Control Reform Act (“ECRA”) (50 U.S.C. §§ 4819(a)(1), 4819(a)(2)(A)-G), and 4819(b); 15 C.F.R. §§ 736.2(b)(1), 746.8(a)(1), and 764.2)PETROV, SOLDATENKOVA, and ALMETOV20 years’ imprisonmentCount Three: Violation of ECRA (50 U.S.C. §§ 4819(a)(1), 4819(a)(2)(A)-G), and 4819(b); 15 C.F.R. §§ 736.2(b)(1), 746.8(a)(1), and 764.2)PETROV and SOLDATENKOVA20 years’ imprisonmentCount Four: Violation of ECRA (50 U.S.C. §§ 4819(a)(1), 4819(a)(2)(A)-G), and 4819(b); 15 C.F.R. §§ 736.2(b)(1), 746.8(a)(1), and 764.2)PETROV and SOLDATENKOVA20 years’ imprisonmentCount Five: Violation of ECRA (50 U.S.C. §§ 4819(a)(1), 4819(a)(2)(A)-G), and 4819(b); 15 C.F.R. §§ 736.2(b)(1), 746.8(a)(1), and 764.2)PETROV, SOLDATENKOVA, and ALMETOV20 years’ imprisonmentCount Six: Conspiracy to smuggle goods from the United States (18 U.S.C. § 371)PETROV, SOLDATENKOVA, and ALMETOV5 years’ imprisonmentCount Seven: Smuggling goods from the United States (18 U.S.C. §§ 554(a) and 2)PETROV and SOLDATENKOVA10 years’ imprisonmentCount Eight: Smuggling goods from the United States (18 U.S.C. §§ 554(a) and 2)PETROV and SOLDATENKOVA10 years’ imprisonmentCount Nine: Smuggling goods from the United States (18 U.S.C. §§ 554(a) and 2)PETROV, SOLDATENKOVA, and ALMETOV10 years’ imprisonmentCount Ten: Conspiracy to commit wire fraud (18 U.S.C. § 1349)PETROV, SOLDATENKOVA, and ALMETOV20 years’ imprisonmentCount Eleven: Conspiracy to commit money laundering (18 U.S.C. §§ 1956(h), 1956(f))PETROV, SOLDATENKOVA, and ALMETOV20 years’ imprisonmentMr. Williams praised the outstanding investigative work of the FBI and its New York Field Office, Counterintelligence Division and the New York Field Office of the Bureau of Industry and Security of the Department of Commerce. Mr. Williams also thanked the FBI’s Legal Attaché offices in Poland, Germany, and Athens, Greece; the Department of Justice’s National Security Division, Counterintelligence and Export Control Section; the Department of Justice’s Office of International Affairs; the Republic of Cyprus Ministry of Justice and Public Order; and the Law Office of the Republic for their assistance. The Republic of Cyprus National Police also provided critical assistance in effecting the defendant’s arrest and detention at the request of the U.S.
This prosecution is coordinated through the Justice Department’s Task Force KleptoCapture and the Justice and Commerce Departments’ Disruptive Technology Strike Force. Task Force KleptoCapture is an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export restrictions, and economic countermeasures that the U.S. has imposed, along with its allies and partners, in response to Russia’s unprovoked military invasion of Ukraine. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorney Kevin Sullivan is in charge of the prosecution, with assistance from Trial Attorney Maria Fedor of the Counterintelligence and Export Control Section.
The charges in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Former New York City Hall Official Charged with Witness Tampering and Destruction of EvidenceRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Jocelyn E. Strauber, the Commissioner of the New York City Department of Investigation (“DOI”), announced today the unsealing of a Complaint charging former New York City Hall official MOHAMED BAHI with witness tampering and destruction of evidence in connection with a federal investigation of unlawful contributions to a particular 2021 mayoral campaign. BAHI was arrested today and will be presented before United States Magistrate Judge Robert W. Lehrburger in Manhattan federal court.
A link to the complaint is here.
U.S. Attorney Damian Williams said: “As alleged, Mohamed Bahi obstructed a federal criminal investigation by instructing witnesses to lie and then destroying evidence. The charges unsealed today should leave no doubt about the seriousness of any effort to interfere with a federal investigation, particularly when undertaken by a government employee. Our commitment to uncovering the truth and following the facts wherever they may lead is unwavering.”
FBI Assistant Director James E. Dennehy said: “Mohamed Bahi, a former senior New York City Hall official, allegedly interfered with an active investigation by ordering third parties to lie to federal agents and deleting potentially incriminating correspondence from his personal electronic devices. These alleged actions were a deceitful attempt to conceal unlawful activity and create unnecessary obstacles for those working to uncover the truth. The FBI will continue to apprehend all individuals, regardless of their position, for obstruction of federal investigations.”
DOI Commissioner Jocelyn E. Strauber said: “As charged, this former City Hall official advised witnesses to lie and destroyed evidence in connection with the investigation of straw contributions to the 2021 Mayoral campaign. These are serious offenses, and DOI thanks our partners in the U.S. Attorney’s Office for the Southern District of New York and the FBI for their commitment to maintaining integrity in investigations.”
As alleged in the Complaint unsealed today:[1]
From approximately 2022 through October 2024, BAHI has worked in the New York City mayoral administration of a certain public official (“Official-1”). Specifically, BAHI served as a Senior Liaison in the Community Affairs Unit of that mayoral administration.
In or about December 2020, BAHI was involved in organizing a fundraiser for Official-1’s campaign to be New York City Mayor in connection with an election to be held in 2021 (the “2021 Official-1 Campaign”). The fundraiser was held at the Brooklyn offices of a construction company (the “Construction Company”). At this event, which was attended by BAHI and Official-1, among others, four employees of the Construction Company (the “Donors”) made contributions in their own names to the 2021 Official-1 Campaign, but those contributions were in fact funded by the Construction Company’s chief executive officer (the “Businessman”). Such contributions—that is, contributions made in the name of one donor but in fact funded by a different person—are commonly referred to as straw contributions. The knowing solicitation and acceptance of straw contributions can violate federal law when, for example, a political campaign makes false statements about straw contributions to a public entity to fraudulently obtain public matching funds based on the contributions, or when the straw contributions are used to smuggle foreign money into a campaign.
Since in or about 2021, the FBI and DOI have been investigating, among other things, the receipt of straw contributions by the 2021 Official-1 Campaign (the “Federal Investigation”). In or about 2024, BAHI took steps to obstruct the Federal Investigation by tampering with multiple witnesses and destroying evidence. In particular:
- On or about June 13, 2024, in connection with the Federal Investigation, FBI agents executed a court-authorized search warrant at the Businessman’s home, and also served the Businessman and the Donors with grand jury subpoenas. After being notified by the Businessman that the FBI had executed a search warrant at the Businessman’s home that morning, BAHI met privately with the Businessman. BAHI told the Businessman that he had just spoken with Official-1and advised the Businessman to lie to federal investigators. BAHI then met with the Businessman and the Donors and instructed them to lie to the FBI.
- On or about June 14, 2024, after having met with Official-1, BAHI told the Businessman that Official-1 believed that the Businessman would not cooperate with law enforcement.
- On or about July 24, 2024, in connection with the Federal Investigation, FBI agents executed a court-authorized search warrant at BAHI’s home and seized BAHI’s cellphone. In an effort to obstruct the Federal Investigation, upon the FBI’s arrival at BAHI’s home, he deleted from his cellphone the encrypted messaging application Signal, which BAHI had previously used to communicate with Official‑1.
If you believe you have information related to bribery, fraud, or any other illegal conduct by BAHI or any other New York City employees, please contact DOI at tipline@doi.nyc.gov or (212) 825-2828. If you were involved in such conduct, please consider self-disclosing through the SDNY Whistleblower Pilot Program at USANYS.WBP@usdoj.gov.
* * *
BAHI, 40, of Staten Island, New York, is charged with one count of witness tampering and one count of destruction of records, each of which punishable by up to 20 years’ in prison.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding work of the FBI and DOI.
The prosecution of this case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Hagan Scotten, Celia V. Cohen, Andrew Rohrbach, and Derek Wikstrom are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the Complaint and the descriptions of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Former High-Ranking FDNY Official Pleads Guilty to Bribery ConspiracyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that BRIAN CORDASCO pled guilty today to conspiring to solicit and receive bribes in his role as a Chief of the New York City Fire Department (“FDNY”) Bureau of Fire Prevention (“BFP”). CORDASCO pled guilty before United States District Judge Lewis J. Liman, and will be sentenced by Judge Liman on February 19, 2025 at 10:30 am.
U.S. Attorney Damian Williams said: “Brian Cordasco abused the public’s trust repeatedly by selling access to the Bureau of Fire Prevention’s services in a pay-to-play bribery scheme. Today’s guilty plea should send a message that SDNY is committed to holding our public officials accountable when they resort to corruption.”
According to the Indictment, plea agreement, and statements made in court:
From 2021 to 2023, CORDASCO repeatedly abused his position as a Chief of the BFP by participating in a scheme to solicit and receive $190,000 in total bribe payments from a former FDNY firefighter named Henry Santiago, Jr. In exchange for those bribe payments, CORDASCO used his authority within the BFP to improperly “expedite” BFP inspections and plan reviews for Santiago’s customers. CORDASCO personally profited $57,000 as part of this scheme. To carry out this conspiracy, CORDASCO lied to his BFP subordinates to justify otherwise improper expediting requests. CORDASCO also lied to law enforcement when interviewed about his involvement in the scheme.
* * *
If you believe you have information related to bribery, fraud, or any other illegal conduct by FDNY or BFP employees, please contact squad6complaint@doi.nyc.gov or (212) 825-2402. If you were involved in such conduct, please consider self-disclosing through the SDNY Whistleblower Pilot Program at USANYS.WBP@usdoj.gov.
CORDASCO, 49, of Staten Island, New York, pled guilty to one count of conspiracy to solicit and receive a bribe, which carries a maximum sentence of 5 years in prison. Under the terms of his plea agreement, CORDASCO agreed to forfeit $57,000.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding work of the Federal Bureau of Investigation and the New York City Department of Investigation.
The prosecution of this case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Jessica Greenwood, Matthew King, and Daniel H. Wolf are in charge of the prosecution.
U.S. Attorney Announces Voluntary Forfeiture and Pending Repatriation of 16th Century Hebrew Religious TextRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that, on October 4, 2024, U.S. District Judge Analisa Torres confirmed the voluntary forfeiture to the United States of the Chamisa Humshe Torrah (Five Books of Moses), Venice, Giovanni di Gara, 1588, and Haftarot, 1589, Miniature, 162+60 Leaves (the “Di Gara Text”). The United States anticipates repatriating the Di Gara Text to the Jewish Theological Seminary of the University of Jewish Studies in Budapest, Hungary (the “Budapest Rabbinical Seminary”), in the coming weeks.
U.S. Attorney Damian Williams said: “With this forfeiture, a small, but meaningful, piece of the history of the Jewish faith will be returned to its rightful owner, the Budapest Rabbinical Seminary. The Di Gara Text went missing for nearly 80 years after it was looted from the Budapest Rabbinical Seminary during the city’s occupation by Nazi forces in 1944. We may never know how it ended up in the Southern District of New York, but it is now returning home. My Office retains its firm commitment to protecting priceless cultural property and, where it has been illegally taken, returning it to its rightful peoples.”
According to the stipulated facts in the voluntary forfeiture order, statements made in court filings, and relevant online publications:
Giovanni di Gara was a Venetian printer of Hebrew books in the 16th century. The Di Gara text is comprised of two works from the Jewish faith: (1) the Chamisa Humshe Torrah (Five Books of Moses), or the Jewish Torrah in book form, and (2) the Haftarot, a series of selections from the Hebrew Bible. An image of the leatherbound Di Gara text is included below.
Lelio Della Torre was an Italian Jewish scholar and rabbi who lived from approximately 1805 to 1871. At some point during his life, the Di Gara Text came into Della Torre’s personal collection (the “Della Torre Collection” or the “Collection”). Works in the Della Torre Collection were stamped to indicate that they belonged to the Collection, as set forth below.
In or about 1877, after Della Torre’s death, the Collection was sold to the Budapest Rabbinical Seminary. The Collection catalogue, which was published in or about 1872, is in the custody of the Budapest Rabbinical Seminary. The Di Gara Text is listed in the catalogue of the Della Torre Collection as “(Homasc) Pentateuc. sine accentis et punctis vocal., Venetiis, 5348, vol. 1, in-3.” The Jewish year 5348 equates to 1588 and the place of publication (Venetiis) is the Latin translation of Venice, Italy.
In 1944, in the midst of World War II and the Jewish Holocaust, Nazi forces invaded Budapest and seized and occupied the Budapest Rabbinical Seminary, looting its holdings. The Di Gara Text is believed to have disappeared during this period. At no point did the Budapest Rabbinical Seminary deaccession—that is, formally remove from its collection—the Di Gara Text.
In March 2023, Hungarian officials notified the Department of Homeland Security that a volume that appeared to be the Di Gara Text was for sale for $19,000 on www.abebooks.com. AbeBooks is an online marketplace used by independent vendors to sell, among other things, rare books. The vendor (“Vendor-1”), who was based in Manhattan, specialized in selling Judaica in various languages. The description of the volume on Vendor-1’s AbeBooks page was consistent with the description of the Di Gara Text in the catalogue of the Della Torre Collection. Furthermore, an image of a stamp in the volume was consistent with the stamp used by Della Torre, as set forth below.
In late March 2023, Special Agents with Homeland Security Investigations (“HSI”) met with Vendor-1 in Manhattan. Vendor-1 admitted that he possessed the Di Gara Text, having acquired it during the 1980s without knowledge of its provenance, and stated that he was willing to give the book to HSI if served with valid legal process. In early April 2023, Special Agents with HSI served Vendor-1 with a seizure warrant issued by United States Magistrate Judge Barbara Moses and took custody of the Di Gara Text. On October 4, 2024, Judge Torres issued an order confirming Vendor-1’s voluntary forfeiture of the Di Gara Text.
* * *
Mr. Williams praised the outstanding investigative work of Special Agents from HSI’s Cultural Property, Art, and Antiquities Squad. Mr. Williams also thanked the Hungarian Inspectorate of Cultural Goods for notifying the Government of the Di Gara Text’s presence in the Southern District of New York and providing helpful information to effectuate its seizure and forfeiture. Finally, Mr. Williams thanked Vendor-1 for his cooperation in this matter.
This case is being handled by the Office’s Illicit Finance and Money Laundering Unit. Assistant U.S. Attorney Benjamin A. Gianforti is in charge of this matter.
24-312 ###
Atlanta Businessman Convicted of Defrauding Former NBA Players Dwight Howard and Chandler ParsonsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today the conviction of CALVIN DARDEN, JR. for his role in defrauding former National Basketball Association (“NBA”) players Dwight Howard and Chandler Parsons out of $8 million. The defendant was found guilty following an 11-day jury trial before U.S. District Judge Vernon S. Broderick.
U.S. Attorney Damian Williams said: “Calvin Darden, Jr. exploited the trust of former NBA players Dwight Howard and Chandler Parsons, using elaborate lies and deception to line his own pockets with millions. This conviction serves as a stark reminder that financial deceit will not be tolerated. This Office remains committed to pursuing those who exploit others, and we will work tirelessly to ensure that justice is served.”
According to court documents and evidence presented at trial:
In the fraud against Howard, DARDEN, JR. deceived Howard into sending him $7 million, purportedly for the purpose of buying the Atlanta Dream (the “Dream”), a team in the Women’s National Basketball Association. DARDEN, JR. worked with Charles Briscoe, Howard’s agent, to perpetrate the fraud. DARDEN, JR. sent a “Vision Plan” to Howard about the purported purchase of the Dream. The Vision Plan falsely claimed that a number of celebrities and companies—including Tyler Perry, Issa Rae, Naomi Osaka, Aflac, and Starbucks—had agreed to be advisors to the Dream or to sponsor the Dream after Howard purchased it. In truth and in fact, those individuals and companies had never agreed to be advisors or corporate sponsors to the Dream and many had never even heard of DARDEN, JR. or the plan to purchase the Dream.
DARDEN, JR.’s father (“Relative-1”) is a prominent businessman. DARDEN, JR. repeatedly impersonated Relative-1 in an attempt to add credibility to his fraud scheme.
DARDEN, JR. directed Howard to send the $7 million to a shell company he controlled, in order to effectuate the purported purchase of the Dream. DARDEN, JR. then laundered the money through a number of different bank accounts he controlled. DARDEN, JR. did not spend any money on the purchase of the Dream. Instead, he spent the money on a $3.7 million mansion, a Rolls-Royce, a Lamborghini, a Porsche, Basquiat paintings, and other luxury goods for himself.
Howard learned that he did not in fact own the Dream only when ESPN reported that the Dream had in fact been sold to someone else.
In the fraud against Parsons, DARDEN, JR. deceived Parsons into sending him $1 million, purportedly for the purpose of loaning the money to James Wiseman, a prospect in the 2020 NBA draft. DARDEN, JR. and Briscoe falsely claimed to know Wiseman, and forged a document stating that Wiseman had agreed that Briscoe would be his agent in order to convince Parsons to send the money. In truth and in fact, DARDEN, JR. and Briscoe did not know Wiseman and did not send any of the money to Wiseman. Instead, DARDEN, JR. spent his cut of the fraud proceeds on watches, a Mercedes, and other personal expenses.
DARDEN, JR. was previously convicted of fraud in New York state in 2005. He was also convicted of fraud in the Southern District of New York in 2015. In the 2015 case, DARDEN, JR. committed frauds involving a purported purchase of Maxim magazine and a purported NBA exhibition game in Taiwan. In that prior fraud, DARDEN, JR. also impersonated Relative-1 in an attempt to add credibility to his fraud scheme.
* * *
DARDEN, JR., 50, of Atlanta, Georgia, was convicted of one count of conspiracy to commit wire fraud and bank fraud, which carries a maximum sentence of 30 years; one count of wire fraud, which carries a maximum sentence of 20 years; one count of bank fraud, which carries a maximum sentence of 30 years; one count of conspiracy to commit money laundering which carries a maximum sentence of 20 years; and one count of money laundering, which carries a maximum sentence of 20 years.
The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as the sentencing of the defendants will be determined by the judge. DARDEN, JR. is scheduled to be sentenced by Judge Broderick on January 27, 2024, at 11:00 a.m.
Mr. Williams praised the outstanding work of the FBI.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Kevin Mead, Brandon C. Thompson, and William C. Kinder are in charge of the prosecution.
Leader of Yoga to the People Pleads Guilty to Tax EvasionRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that GREGORY GUMUCIO pled guilty today to a conspiracy to commit tax evasion from 2012 through 2020. GUMUCIO was the longtime leader of a prominent nationwide yoga business, Yoga to the People (“YTTP”), from which he received more than $3.5 million in income between 2012 and 2020, yet he did not file individual (or business) tax returns or pay any income taxes for at least eight consecutive years. GUMUCIO pled guilty before U.S. District Judge John P. Cronan, to whom his case is assigned.
U.S. Attorney Damian Williams said: “Greg Gumucio built a thriving yoga business yet chose to evade his tax obligations for nearly a decade. This Office is committed to holding individuals accountable who fail to pay their fair share.”
According to the allegations contained in the Superseding Information, court filings, and statements made during court proceedings:
In or around 2006, GUMUCIO founded YTTP in New York, New York. YTTP was originally donation-based: YTTP requested, but did not require, payment from its yoga students. YTTP started with one yoga studio on the Lower East Side of Manhattan, and it became extremely popular. Over the ensuing years, YTTP opened at least approximately 20 yoga studios or affiliated entities throughout New York City and in various other places, including California, Colorado, Arizona, Florida, and Washington State. YTTP also had a teacher training program, which earned substantial income from aspiring yoga teachers. YTTP operated from at least approximately 2006 until 2020. From 2010 to 2020, YTTP and its affiliates generated gross receipts of more than $20 million. Despite those substantial revenues, YTTP never filed a corporate tax return with the Internal Revenue Service (“IRS”).
GUMUCIO was YTTP’s founder, principal owner, and functional chief executive officer, as he directed and made decisions for the YTTP enterprise. From approximately 2012 through 2020, GUMUCIO received more than $3.5 million in income and owed taxes to the IRS exceeding $1 million, but never filed a personal tax return with the IRS or paid any income taxes. During the charged period, GUMUCIO repeatedly represented his annual income to be six figures to third parties not associated with the Government (e.g., a bank, a car financing company, and a real estate entity). In one such instance, GUMUCIO submitted a fabricated tax return to a third party, which a co-defendant prepared for GUMUCIO at GUMUCIO’s request. During the charged period, GUMUCIO enjoyed an extravagant lifestyle, which included frequent foreign travel; expensive hotels, meals, and clothing; NFL season tickets; and country club payments.
GUMUCIO and his co-conspirators used various methods to evade taxes, including, among others:
- Accepting yoga students’ payments in cash (e.g., which was collected in tissue boxes) and paying yoga teachers in cash and “off the books”;
- Generally forbidding YTTP teachers from counting incoming cash that yoga students paid and requiring yoga studio managers to transport cash proceeds to GUMUCIO’s apartment on St. Marks Place in Manhattan, where those proceeds were “stacked” and counted during so-called “stacking parties”;
- Failing to maintain a corporate headquarters or keep corporate books and records;
- Using nominees to disguise GUMUCIO and his co-conspirators’ connection to various entities which, in fact, were part of the YTTP enterprise and from which GUMUCIO and his co-conspirators received income;
- Using YTTP business accounts to pay GUMUCIO’s (and his co-conspirators’) personal expenses; and
- Maximizing unreported income, as GUMUCIO manipulated subordinates into providing free labor (e.g., teaching unpaid classes, stacking cash, cleaning yoga studios, depositing cash into bank accounts, etc.).
* * *
GUMUCIO, 63, of Colorado, pled guilty to one count of conspiracy to defraud the IRS, which carries a maximum penalty of five years in prison. Under the terms of his plea agreement, GUMUCIO has agreed to pay restitution to the IRS of at least $2,560,300.93.
The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as GUMUCIO’s sentence will be determined by the judge.
GUMUCIO’s two co-defendants, Michael Anderson and Haven Soliman, are currently scheduled to proceed to trial on January 13, 2025, before Judge Cronan.
Mr. Williams praised the outstanding efforts of the IRS Criminal Investigation’s New York and Dallas Field Offices; the U.S. Department of Labor, Office of Inspector General’s New York Regional Office; and Special Agents of the U.S. Attorney’s Office for the Southern District of New York.
This matter is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Michael D. Neff and Rushmi Bhaskaran are in charge of the prosecution.
Founder of Cryptocurrency Ponzi Scheme IcomTech Sentenced to 121 Months in PrisonRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that on October 4, 2024, U.S. District Judge Jennifer L. Rochon imposed a sentence of 121 months in prison on DAVID CARMONA, the founder of the cryptocurrency Ponzi scheme IcomTech.
U.S. Attorney Damian Williams said: “David Carmona masterminded the IcomTech cryptocurrency Ponzi scheme, which preyed upon working-class people by promising them complete financial freedom in exchange for parting with their hard-earned money. Carmona claimed that his victims’ money would be invested in cryptocurrency trading and mining, and that profits from those activities would result in victims doubling their money within six months. In reality, IcomTech was doing no such thing. It was all a lie. And when the scheme came crashing down, Carmona’s victims were left with nothing. Carmona’s days of scamming honest people are at an end, and he now faces substantial time in prison.”
According to the allegations in the Indictment, public court filings, and statements made in public court proceedings:
CARMONA started IcomTech in approximately 2018 with other co-conspirators. IcomTech was a purported cryptocurrency mining and trading company that promised to earn its victim-investors (“Victims”) profits in exchange for their purchase of purported cryptocurrency-related investment products. CARMONA and the other promoters of IcomTech falsely promised their respective Victims, among other things, that profits from the companies’ cryptocurrency trading and mining would result in guaranteed daily returns on Victims’ investments and doubling their money within six months. In reality, IcomTech did not engage in cryptocurrency trading or mining for its Investors, and CARMONA and Icomtech’s other promoters used Victim funds to pay other Victims, to further promote the schemes, and to enrich themselves.
Icomtech promoters, including CARMONA, traveled throughout the United States and internationally where they hosted lavish expos and small community presentations aimed at luring Victims to invest in the schemes, including in the Southern District of New York. During larger-scale events, IcomTech promoters presented on purported investment products and the compensation plan, encouraged Victims to invest as a means of achieving financial freedom, and boasted about the amount of money they were earning. IcomTech promoters often showed up at larger-scale events in expensive cars and wearing luxury clothing as a way of exhibiting their purportedly legitimate success from IcomTech. The atmosphere of these events was festive and designed to generate excitement about the schemes.
Victims invested in IcomTech by purchasing investment products from promoters using cash, checks, wire transfers, and actual cryptocurrency. Following a Victim’s investment, a Victim would be provided with access to an online portal where the Victim could monitor the purported returns. While Victims saw “profits” accumulate on IcomTech’s legitimate-looking online portal, most Victims were unable to withdraw any of these so-called profits and ultimately lost their entire investments. By contrast, IcomTech’s promoters, including CARMONA, siphoned off, in some cases, hundreds of thousands of dollars in Victim funds, which they withdrew as cash, spent on IcomTech promotional expenses, and used for personal expenditures such as luxury goods and real estate.
At least as early as August 2018, Victims who attempted to withdraw money from their online portal accounts had difficulty doing so, and when they complained to promoters, they were met with excuses, delays, and hidden fees, if they were able to make any withdrawals at all. Despite these complaints, IcomTech promoters, including CARMONA, continued to promote IcomTech and accept Victims’ investments. As complaints mounted, IcomTech began offering a proprietary crypto-token for sale as a means of injecting liquidity into IcomTech. Promoters of the schemes claimed that these tokens, known as “Icoms,” would eventually be worth a significant amount of money when they were accepted by companies for payment for goods and services. This was false. In reality, “Icoms” were essentially worthless and resulted in further financial loss to Victims. By in or about the end of 2019, IcomTech stopped making payments to Victims and IcomTech collapsed.
* * *
In addition to the prison term, CARMONA, 41, of Queens, New York, was sentenced to 3 years of supervised release.
Mr. Williams praised the outstanding investigative work of Special Agents from Homeland Security Investigations’ El Dorado Task Force. Mr. Williams also thanked the Securities and Exchange Commission and the Commodity Futures Trading Commission for their assistance.
This case is being handled by the Office’s Illicit Finance and Money Laundering Unit. Assistant U.S. Attorneys Benjamin A. Gianforti, Michael D. Maimin, T. Josiah Pertz, and Cecilia Vogel are in charge of the prosecution.
U.S. Attorney Announces Criminal Charges in Multi-Year Fraud Scheme in the Market for Carbon CreditsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of charges against KENNETH NEWCOMBE and TRIDIP GOSWAMI in connection with a scheme to commit fraud in the carbon markets, which resulted in their company, CQC Impact Investors LLC (“CQC”), fraudulently obtaining carbon credits worth tens of millions of dollars and fraudulently securing an investment of over $100 million.
Also announced today was the decision not to bring criminal charges against CQC, despite the alleged conduct of NEWCOMBE and GOSWAMI, in light of CQC’s voluntary and timely self-disclosure of misconduct, full and proactive cooperation, timely and appropriate remediation, and agreement to cancel or void certain VCUs.
Also unsealed today is the guilty plea of Jason Steele in connection with his participation in the conduct. Steele pled guilty pursuant to an Information before U.S. District Judge Margaret M. Garnett. Steele is cooperating with the Government.
U.S. Attorney Damian Williams said: “As alleged, Kenneth Newcombe and Tridip Goswami, among others, engaged in a multi-year scheme to fraudulently obtain carbon credits by using manipulated and misleading data. They then sold those credits to unsuspecting buyers in the multi-billion-dollar global market for carbon credits. The alleged actions of the defendants and their co-conspirators risked undermining the integrity of that market, which is an important part of the fight against climate change. Protecting the sanctity and integrity of the financial markets continues to be a cornerstone initiative for this Office, and we will continue to be vigilant in rooting out fraud in the market for carbon credits.”
According to the allegations contained in the Indictment:
The market for carbon credits emerged from an effort to reduce greenhouse gas emissions. While most carbon credits are created through, and trade in compliance markets, there is also a voluntary carbon market. Voluntary markets revolve around companies and entities that voluntarily set goals to reduce or offset their carbon emissions, often to align with goals from employees or shareholders. In voluntary markets, the credits are issued by non-governmental organizations, using standards for measuring emission reductions that they develop based on input from market participants, rather than on mandates from governments. The non-governmental organizations issue voluntary carbon credits to project developers that run projects that reduce emissions or remove greenhouse gases from the atmosphere.
CQC was a for-profit company that ran projects to generate carbon credits—including a type of credit known as a voluntary carbon unit (“VCU”)—by reducing emissions of greenhouse gases. CQC profited by selling VCUs it obtained, often to companies seeking to offset the impact of greenhouse gases they emit in the course of operating their businesses.
One type of project that CQC ran to obtain VCUs involved installing cookstoves in rural Africa and Southeast Asia, among other places (collectively, the “Cookstove Projects”). The cookstoves, if installed and used properly, were more efficient than the preexisting cooking methods many people in those regions used. To obtain VCUs from its Cookstove Projects, CQC collected data through surveys about, among other things, how much fuel people saved by using CQC’s cookstoves, as opposed to the preexisting cooking methods, and the number of CQC’s stoves that were installed and operational. That data went into a formula that an issuer of VCUs (“Issuer-1”) used to calculate the emission reductions CQC had achieved and to determine how many VCUs to issue to CQC.
From at least in or about 2021, through 2023, NEWCOMBE, the CEO of CQC, and GOSWAMI, the Head of CQC’s Carbon & Sustainability Accounting Team (“CSAT”), along with others at CQC, including Jason Steele, the company’s Chief Operating Officer, submitted false and misleading data to Issuer-1, tricking Issuer-1 into giving CQC VCUs for emission reductions that, according to Issuer-1’s methodology for calculating such reductions, had not in fact been achieved.
Members of the conspiracy manipulated data to make it appear as if certain of the Cookstove Projects were far more successful in reducing carbon emissions than was actually the case. For example, in or about August 2021, CQC received survey data for two projects in Malawi and two in Zambia. GOSWAMI reported to NEWCOMBE and Steele that the survey data reflected emission reductions that were only approximately half of what CQC had anticipated. NEWCOMBE responded by writing that “[t]his is a disaster for us.” NEWCOMBE, GOSWAMI, and Steele exchanged emails about possible solutions, and GOSWAMI ultimately informed them that the “[o]nly option left” was “to ‘revise’ the survey results.” Ultimately, NEWCOMBE, GOSWAMI, and Steele agreed to manipulate the survey data for the Malawi and Zambia projects and enlist a person from outside CQC to fill out fraudulent survey forms to reflect the manipulated numbers. CQC sent the manipulated survey data to Issuer-1 when claiming VCUs for the Malawi and Zambia Projects.
NEWCOMBE, GOSWAMI, and Steele also fraudulently obtained VCUs from Issuer-1 by providing false and misleading information about the number of operational stoves in CQC’s projects. Issuer-1’s methodology for calculating emission reductions was designed to ensure that project developers, such as CQC, would receive VCUs only for stoves that were operational and in use.
Beginning in or around 2020, NEWCOMBE set a new direction for CQC and decided to rapidly and aggressively increase the size of CQC’s Cookstove Projects. CQC’s rapid growth caused significant problems for the quality of its Cookstove Projects. To meet the targets set by NEWCOMBE, CQC had to rely on partners that did poor work installing stoves; installed stoves in locations that were outside of a project’s scope (e.g., installing stoves in a suburban area, instead of a rural area, because it was easier to meet targets in more populated areas); and sometime claimed to install stoves that they never installed. These logistical issues posed a meaningful problem for the number of VCUs that the company’s projects might generate—if stoves were not installed properly, or at all, it was likely that surveys would show low levels of stoves in operation, which could reduce the number of stoves for which CQC could claim VCUs.
Rather than writing off and not claiming credits for stoves that were missing, broken, or not installed in correct locations, NEWCOMBE, GOSWAMI, and Steele conspired to conceal from Issuer-1 the true extent of problems with CQC’s Cookstove Projects. One way in which the members of the conspiracy concealed these issues and manipulated survey data about the number of stoves in use was by instituting a practice of having CQC employees rebuild or fix stoves in samples that were missing or broken, then reporting those stoves as operational.
Through this fraud scheme, CQC received millions more VCUs than it otherwise would have, which were worth tens of millions of dollars at then-prevailing prices for VCUs. CQC sold VCUs it had fraudulently obtained to unsuspecting purchasers, who thought they were purchasing VCUs that reflected emission reductions calculated in accordance with Issuer-1’s methodology.
Relying on data about those fraudulently obtained VCUs, NEWCOMBE and others at CQC also deceived an investor (“Investor-1”) into agreeing to invest up to $250 million in CQC. The agreement included Investor-1 purchasing some of NEWCOMBE’s shares in CQC for more than $16 million.
* * *
NEWCOMBE, 77, of Santa Barbara, California, and GOSWAMI, who resides in India, are charged with wire fraud conspiracy, which carries a maximum sentence of 20 years in prison; wire fraud, which carries a maximum sentence of 20 years in prison; commodities fraud conspiracy, which carries a maximum sentence of five years in prison; and commodities fraud, which carries a maximum sentence of 10 years in prison. NEWCOMBE is also charged with securities fraud conspiracy, which carries a maximum sentence of five years in prison, and securities fraud, which carries a maximum sentence of 20 years in prison.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Steele, 47, of Arlington, Virginia, pled guilty earlier today to a three-count Information, which charged him with wire fraud conspiracy, commodities fraud conspiracy, and securities fraud conspiracy for his participation in the fraud scheme. A sentencing date has not yet been scheduled.
The Office of the United States Attorney for the Southern District of New York has declined prosecution of CQC in connection with the scheme to fraudulently inflate the number of VCUs issued to CQC projects. This decision reflects a careful weighing of factors set forth in the United States Attorneys’ Offices Voluntary Self-Disclosure Policy, https://www.justice.gov/usao-sdny/press-release/file/1569411/dl, and the Principles of Federal Prosecution of Business Organizations, Justice Manual (“J.M.”) § 9-28.300. Those factors include, among others: the voluntary and timely self-disclosure of the misconduct by CQC—specifically, CQC truthfully and completely disclosed all criminal conduct in which officers, employees, and agents of CQC had been engaged promptly after becoming aware of it, which misconduct had not previously been made public and was not already known to the Office or to any component of the Department of Justice; CQC’s full and proactive cooperation in this matter (including its provision of all known relevant facts about the misconduct and information about all of the individuals involved in the misconduct) and agreement to continue to cooperate with the Office’s ongoing investigation and any prosecution that might result in the future from the investigation; CQC’s timely and appropriate remediation, including terminating employees involved in the misconduct and instituting appropriate compliance measures to deter and detect similar misconduct in the future; and CQC’s agreement to cancel or void a number of VCUs equal to the number of VCUs that CQC improperly obtained through the fraudulent scheme.
Mr. Williams praised the outstanding work of the FBI. Mr. Williams further thanked the Commodity Futures Trading Commission and the Securities and Exchange Commission, each of which today filed parallel civil actions.
The case is being prosecuted by the Office’s Securities and Commodities Fraud Task Force and Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Thomas Burnett, Nicholas W. Chiuchiolo, and Kevin Mead are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
A link to the declination letter is here.
Martin Handler Sentenced to 58 Months for Fraud on Federal Head Start Program and Tax EvasionRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that MARTIN HANDLER was sentenced today to 58 months in prison for defrauding the federal Head Start program, misappropriating over $1 million from his federally-funded childcare company, and tax evasion. HANDLER pled guilty before U.S. District Judge Jennifer H. Rearden on March 15, 2024. Judge Rearden imposed today’s sentence.
U.S. Attorney Damian Williams said: “Martin Handler and his co-conspirators defrauded a vital federal childcare program that aims to serve one of society’s most vulnerable populations. By secretly exploiting a non-profit entity for his own financial gain, Handler exploited the system and undermined the public’s trust in the Head Start program. My Office is committed to pursuing justice against those who place greed above their responsibility to be stewards of federal funds, and I commend our law enforcement partners and the dedicated team of career prosecutors for their outstanding work.”
According to the Indictment, public court filings, and statements made in court proceedings:
Handler participated in two related schemes involving the federal Head Start program and a third scheme to commit tax evasion.
First, between 2017 and August 2021, Handler secretly “owned” and exercised control over a non-profit entity, Project Social Care Head Start Inc. (“PSCHS”), that until recently operated in the New York City area. The U.S. Department of Health and Human Services (“HHS”), which administers the Head Start program, annually granted to PSCHS millions of dollars that were to be used exclusively on the Head Start program and from which earning a profit is prohibited by law. Through this control over PSCHS, Handler conspired to submit multiple fictitious documents to HHS that fraudulently asserted PSCHS had an independent board and had in place controls to guard against fraud, waste, and abuse. In truth, PSCHS had neither an independent board nor sufficient controls in place, and Handler used his control over PSCHS to impermissibly direct PSCHS’s Head Start funding to his own for-profit companies through rampant undisclosed self-dealing. Indeed, through Handler’s “ownership,” he was able to secretly “sell” control over the proceeds of PSCHS’s federal funding streams for $4.7 million to a co-conspirator.
Second, between April 2019 and January 2023, as majority owner of New York City Early Learning Co. (“NYCELC”), a for-profit entity that also received Head Start grants, Handler misapplied and misappropriated NYCELC’s corporate treasury funds to, among other things, repay personal loans and finance the leasing of luxury vehicles for the benefit of two members of NYCELC’s statutorily-required Head Start board. Under the Head Start Act, members of that board owed a fiduciary duty to the Head Start program and were prohibited from having a financial conflict of interest with NYCELC. Handler corrupted NYCLEC’s Head Start program through his actions.
Third, in 2021 and 2022, Handler falsely reported to the Internal Revenue Service (“IRS”) $2,000,000 in charitable contributions, thereby evading taxes of at least $740,000 for tax year 2021.
* * *
In addition to today’s prison sentence, HANDLER, 50, of Brooklyn, New York, was sentenced to three years of supervised release, ordered to pay a fine of $200,000, to forfeit $1,156,068.10, and to pay restitution of $1,156,068.10 to HHS, and to pay restitution of $740,000 to the IRS.
Mr. Williams praised the outstanding work of the Federal Bureau of Investigation, IRS-Criminal Investigation, and HHS, Office of the Inspector General. Mr. Williams also thanked U.S. Department of Agriculture, Office of the Inspector General, and the New York City Department of Investigation for their assistance with this investigation.
The prosecution of this case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Daniel H. Wolf, Catherine Ghosh, Jacob R. Fiddelman, and Stephanie Simon are in charge of the prosecution, with the assistance of Paralegal Specialist Jayda Foote.