Southern District of New York

Preet Bharara, the United States Attorney for the Southern District of New York, Catherine Leahy Scott, New York State Inspector General, and Brian M. Hickey, the Special Agent-in-Charge of the Northeast Regional Office of the U.S. Department of Education Office of Inspector General (“ED-OIG”), announced today that MACHLI JOSEPH was arrested this morning and charged in Manhattan federal court with embezzling more than half a million dollars in funds intended for Baruch College for the rental of their athletic facilities.  JOSEPH was arrested by ED-OIG agents in New Jersey.  He will be presented before Magistrate Judge Gabriel Gorenstein in Manhattan this afternoon.

Manhattan U.S. Attorney Preet Bharara said: “Machli Joseph, Baruch College’s former basketball coach, allegedly drew up his own game plan for fraud, stealing more than half a million dollars meant for the college that he instead spent on himself. Embezzling money from a public college is no game, and for allegedly taking criminal advantage of his control over Baruch’s basketball courts, Joseph will now face federal charges in a court of law.  We thank the New York State Inspector General and Department of Education Office of Inspector General for their excellent investigative work in this case.”

New York State Inspector General Catherine Leahy Scott said: “This once-trusted college athletic official allegedly abused his position and the facilities he was entrusted with to steal more than a half million dollars in public funds to use for his own personal benefit. These crimes, as alleged, were clearly symptoms of the problematic policies and oversight throughout CUNY facilities that I am currently investigating as a separate matter. I truly believe critical criminal cases like this one today come together only through effective law enforcement partnerships, and I thank U.S. Attorney Bharara and Agent-in-Charge Hickey and their offices for their work on this case.”

ED-OIG Special Agent-in-Charge Brian M. Hickey said: “Today’s action alleges that Mr. Joseph knowingly abused his position of trust to steal funds from the very ones he promised to serve – Baruch College students. That is unacceptable. As the law enforcement arm of the U.S. Department of Education, we will continue to aggressively pursue those who misappropriate education funds for their own purposes. America’s students and taxpayers deserve nothing less.”

According to the allegations in the Complaint filed yesterday in Manhattan federal court[1]:                       

MACHLI JOSEPH served as an athletic department official at Baruch College between 2002 and 2016.  He served as Baruch’s women’s basketball head coach between 2004 and 2014, its men’s basketball coach in 2002, as assistant athletic director from 2003 to 2011 and as associate athletic director from 2011 until August 2016.  At times when the Baruch College gym was not being used by the school’s athletic teams, it could be rented out to outside parties.  In his administrative capacity, JOSEPH had sole control over those gym rentals and their scheduling.

On numerous occasions between 2010 and 2016, JOSEPH rented the gym to outside parties, ostensibly on behalf of Baruch College.  In instructing the renting parties on how to provide payment, however, JOSEPH directed that payment be made to entities that were not, in fact, connected to Baruch College.  Instead, they were entities with bank accounts over which JOSEPH had personal control, some of which merely sounded like Baruch-affiliated entities.  On several occasions, JOSEPH simply directed that payment be made directly to himself or individual associates of his.  Many of these funds were ultimately spent on personal expenses and items for JOSEPH and his family, including renovations to his home in New Jersey.  All told, and as alleged in the Complaint, the scheme improperly diverted approximately $600,000 of payments intended for Baruch College.

 *                *                *

JOSEPH, 42, of Elizabeth, New Jersey, has been charged with one count of embezzlement and misapplication concerning a program receiving federal funds.  The charge carries a maximum term 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 the judge.

Mr. Bharara praised the investigative work of ED-OIG and the New York State Inspector General’s Office, and noted that the investigation is continuing.  

This case is being handled by the Office’s Public Corruption Unit.  Assistant United States Attorneys Martin S. Bell and Catherine E. Geddes are in charge of the prosecution.

The charges contained in the Complaint 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 Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, and Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), announced the arrest of ALFRED PABON, an Emergency Medical Technician with the Fire Department of the City of New York, stemming from his possession and receipt, as well as distribution of child pornography. PABON was arrested today and presented in Manhattan federal court before U.S. Magistrate Judge Gabriel W. Gorenstein.

U.S. Attorney Preet Bharara said: “As alleged, Alfred Pabon frequented online chat groups for the explicit purpose of finding children and child pornography. In one his chats, Pabon allegedly expressed interest in taking a trip to Mexico in search of ‘something teenish.’ Thanks to the work of Homeland Security Investigations, Pabon’s alleged predatory search for children and child pornography has been brought to an end.”

HSI Special Agent-in-Charge Angel Melendez said: “Using online chat groups to post photos and videos of children being sexually exploited is a sickening crime made even more disturbing when it is committed by an individual who holds the public's trust as a member of the FDNY. Every day HSI agents stationed around the country, use innovative techniques to search the internet and chat rooms to bring these pedophiles to justice and keep our children safe.”

According to the Complaint filed today in Manhattan federal court[1]:

From in or about November 2015, up to and including at least in or about January 2017, ALFRED PABON, an Emergency Medical Technician for the Fire Department of the City of New York, posted images and videos containing child pornography in chat groups of an online messaging application. The chat groups were used almost exclusively to trade child pornography, discuss child pornography, and/or discuss engaging in sexual activity with minors. In or about December 2015, PABON exchanged private messages through the online messaging application with an undercover HSI Special Agent (“UC-1”). Through these exchanges, PABON, using a particular account username (the “Pabon Account”) indicated to UC-1 that he was interested in a trip to Mexico and was looking for “something teenish.” PABON posted an image of two girls, who appear to be prepubescent minors, posing nude on a bed as an example of the type of girls in whom he was interested. In August 2016, a second undercover HSI Special Agent (“UC-2”) observed additional postings by PABON in another online chat room, at least one of which appeared to include an image of child pornography. UC-2 later used a link that PABON had posted to download approximately 33 videos, most of which contained child pornography.

PABON was arrested at his residence in the Bronx, New York. On the morning of his arrest, he admitted to law enforcement that he was the user of the Pabon Account and had used that account to copy and forward images and videos containing child pornography as recently as within the last month.

* * *

ALFRED PABON, 49, of the Bronx, New York, is charged with one count of distribution and receipt of child pornography, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison, and one count of possession of child pornography, 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 defendant will be determined by the judge.

Any individuals who believe they have information concerning ALFRED PABON that may be relevant to the investigation should contact HSI at its toll-free hotline: 1-866-DHS-2ICE; TTY for hearing impaired: (802) 872-6196. This hotline is staffed around-the-clock by investigators.

Mr. Bharara praised the efforts of HSI in this investigation. He added that the investigation is continuing.

The prosecution is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Lara Pomerantz is in charge of the prosecution.

The allegations 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.

Preet Bharara, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of an indictment charging GEORGE DOUMANIS, EMANUEL PANTELAKIS, a/k/a “Manny,” and DANNY PRATTE with orchestrating a scheme to defraud investors of at least approximately $5 million.

DOUMANIS and PANTELAKIS will be presented and arraigned later today before United States Magistrate Judge Gabriel W. Gorenstein.  PRATTE is expected to surrender today to the FBI in Denver, Colorado.  United States District Judge Andrew L. Carter Jr. will hold an initial conference in the case on March 6, 2017, at 1:00 pm.

Manhattan U.S. Attorney Preet Bharara said:  “As alleged, George Doumanis, Emanuel Pantelakis, and Danny Pratte deceived investors with a fraudulent plan to invest in fuel cell technology.  In reality, all they were allegedly fueling was their own greed-inspired scheme to bilk investors and use the money to pay credit card bills, for a Mercedes Benz, and a horse trainer.  Doumanis and Pantelakis allegedly committed their fraud scheme after being banned for life from the securities industry by the SEC and FINRA.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “Doumanis, Pantelakis, and Pratte are charged with defrauding Terminus investors by selling them shares of a product that was, essentially, nonexistent.  They allegedly did so while intentionally misrepresenting to investors the rate of commission individuals acting as broker-dealers would receive for Terminus stock sold.  In the end, as alleged, nearly three quarters of the money obtained by investors was swindled for the collective benefit of those involved.  Despite the fact that Doumanis and Pantelakis had been disciplined in the past for their role in other fraudulent securities-related activities, they allegedly participated in this scheme undeterred.  Investors deserve to be told the truth, plain and simple, and we’re committed to uncovering it.” 

According to the Indictment unsealed today in Manhattan federal court:[1]

In September 2003, DOUMANIS was convicted in the United States District Court for the Southern District of Florida of conspiring to commit securities fraud, wire fraud, and mail fraud.  In addition, in or about June 2005, as a result of an action brought by the United States Securities and Exchange Commission (“SEC”), DOUMANIS was permanently barred from, among other things, participating in any offering of any penny stock and from any association with any securities broker or dealer.

In March 2008, PANTELAKIS was permanently barred by the Financial Industry Regulatory Authority (“FINRA”), a self-regulatory body for the securities industry, from association with any FINRA member in any capacity, following allegations that he “fraudulently misrepresented and omitted material facts to public customers in connection with the sale of securities.”

From at least in or about February 2008 through at least in or about 2014, DOUMANIS, PANTELAKIS, and PRATTE engaged in a fraudulent scheme to defraud investors by inducing them to purchase shares of Terminus Energy, Inc. (“Terminus”), through false and misleading representations and then misappropriating the victims’ funds for their own purposes.  PRATTE was the Chief Executive Officer of Terminus, a company that was purportedly working to develop a “fuel cell,” a type of alternative energy source.  As set forth in more detail below, contrary to representations made to potential investors, Terminus never had a working fuel cell prototype, was never close to manufacturing a commercially viable fuel cell, and never sold any fuel cells. 

Between 2008 and 2011, Terminus entered into a number of contractual agreements with third parties, the stated purpose of which was to develop a fuel cell.  In each and every case, however, Terminus made only one or two payments on these contracts before ceasing payments.  As a result, the third parties ceased work pursuant to the contracts and terminated the agreements.

Notwithstanding the utter lack of progress and the cancellation of Terminus’s contractual relationships, DOUMANIS, PANTELAKIS, and PRATTE drafted and caused Terminus to distribute false and misleading press releases, private placement memorandums, business plans, and other documents that touted the existence of a fuel cell, the existence of Terminus’s contractual relationships, and the use of investor proceeds to make payments on the contracts. 

In addition, DOUMANIS, PANTELAKIS, and PRATTE drafted and distributed private placement memorandums that falsely stated that registered broker-dealers would be paid no more than a 10 percent sales commission plus three percent unaccountable expenses for all Terminus shares sold through their efforts.  In truth, unregistered salespeople sold Terminus shares in return for undisclosed commissions far in excess of 13 percent.

Rather than use investor funds as promised, DOUMANIS, PANTELAKIS, and PRATTE misappropriated the money for their own purposes.   Of the more than approximately $5 million raised from investors: (a) PRATTE received at least $990,000; DOUMANIS, certain entities affiliated with DOUMANIS, and certain of his family members received at least $570,000, a portion of which was utilized for items such as making payments to various credit cards and payments toward DOUMANIS’s residential mortgage; (c) PANTELAKIS and certain of his family members received at least $420,000, a portion of which was utilized to make payments to various credit cards and for his wife’s Mercedes-Benz; (d) one unregistered salesperson (the “Salesperson”) received payments of at least $540,000, an entity associated with the Salesperson received at least $100,000, and a horse trainer working for the Salesperson received at least $132,000; and (e) other unregistered brokers selling Terminus shares collectively received payments of at least $1,019,624.  Thus, in total more than 70% of the investor funds obtained by Terminus were misappropriated by DOUMANIS, PANTELAKIS, and PRATTE, the defendants, or used to pay commissions to unregistered salespeople.

*                *                *

DOUMANIS, 58, of Rocky Point, New York, was arrested today in Suffolk County.  PANTELAKIS, 42, of Flushing, New York, was arrested today in Queens.  PRATTE, 62, of Columbia, Missouri, is expected to turn himself in to the FBI in Denver, Colorado, today.  Each of the defendants are charged with one count of conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison; and one count of securities fraud, one count of conspiracy to commit mail and wire fraud, and one count of wire fraud, each of which carries a maximum sentence of 20 years.  The charges also carry a maximum fine of $5 million, or twice the gross gain or loss from the offense. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the judge.

Mr. Bharara praised the investigative work of the FBI, and thanked the SEC, which has filed civil charges in a separate action. 

The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force.  The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud.  Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations.  Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants.  For more information on the task force, please visit www.StopFraud.gov.                    

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Rebecca G. Mermelstein and Christine I. Magdo are in charge of the prosecution.

The allegations contained 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 below constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that KELVIN ACOSTA was sentenced to 300 months in prison and supervised release for 10 years for producing child pornography. ACOSTA pled guilty on September 26, 2016, before U.S. District Judge Paul A. Crotty, who also imposed today’s sentence. In imposing sentence, the Court characterized the defendant’s misconduct as the “most deplorable, depraved act that I can imagine.”

U.S. Attorney Preet Bharara stated: “For years, Kelvin Acosta preyed on our community’s youth by tricking them into supplying personal information, using that information to hack their email accounts, and then extorting them into producing child pornography for him. Today, he has been sentenced to federal prison for his predatory criminal behavior.”

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

From at least December 2013 through November 2015, KELVIN ACOSTA engaged in a pattern of “sextortion” by hacking into email accounts belonging to teenage girls and extorting them into producing child pornography for him. ACOSTA did so by messaging the girls on Facebook and tricking them into revealing personal information, which he exploited to hack their email accounts. ACOSTA then told his minor victims that he had hacked their email accounts and found compromising material (sex videos and/or nude photographs), which he threatened to send their family, friends, and schools – unless they created child pornography for him via video chat and/or paid him money.

On March 29, 2016, ACOSTA was arrested in the Bronx. On that day, ACOSTA admitted that, for years, he had hacked and extorted girls and women, aged 13 to 25; he had exploited about 40 to 50 accounts of minors that had nude photographs or sex videos, which he viewed; he had about 10 to 20 minors produce child pornography for him; and he had extorted at least three victims – including at least one minor – into bringing him money.

* * *

ACOSTA, 27, of the Bronx, New York, pled guilty on September 26, 2016, to one count of sexual exploitation of a child, in violation of Title 18, United States Code, Sections 2251(a), (e), and 2.

Mr. Bharara praised the investigative work of the Federal Bureau of Investigation and the New York City Police Department, and thanked the Brooklyn District Attorney’s Office for its valuable cooperation in this matter.

This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Michael D. Neff is in charge of the prosecution.

17-050                                                                                                                                                                                                                   

Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced today the filing of an Indictment charging CHRISTOPHER LONDONIO and TERRANCE CALDWELL with offenses related to their alleged role in the November 15, 2013, murder of Michael Meldish, as well as their participation in a long-running racketeering conspiracy composed of leaders, members, and associates of La Cosa Nostra, also known as the “Mafia.” LONDONIO and CALDWELL are charged with racketeering conspiracy, conspiracy to commit murder, murder, and firearms offenses. CALDWELL is also charged with assault and attempted murder in aid of racketeering, in connection with his alleged role in the shooting of a Bonanno Family member on May 29, 2013.

CALDWELL was presented last Friday, February 10, 2017, before the Honorable Lisa Margaret Smith at the United States Courthouse in White Plains, New York. LONDONIO was already in custody on state charges and will be transferred to federal custody and is expected to be presented in White Plains federal court today. The case is assigned to United States District Judge Nelson S. Román.

An initial pre-trial conference is scheduled for February 15 at 1:45 p.m. before Judge Román.

Manhattan U.S. Attorney Preet Bharara said: “The mob continues to kill and maim in the name of La Cosa Nostra, and as alleged, Christopher Londonio and Terrance Caldwell did just that. In a misguided show of allegiance to this violent way of life, Londonio and Caldwell allegedly murdered Michael Meldish and attempted to kill a Bonanno Family soldier. We thank the FBI, the NYPD, and the Bronx County District Attorney’s Office for their dedication that led to the federal racketeering charges announced today.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “Hollywood and popular fiction almost romanticize the mob, so much so the general public may not know it exists in real life anymore. However, the crimes members are accused of taking part in are violent and all too real for their victims. The men charged in this case allegedly committed murder, robbery, dealing illegal drugs and extortion to only name a few. The FBI Organized Crime Task Force investigates these families and their string of criminal behavior each day, proving the mob is still a legitimate threat to the community.”

NYPD Commissioner James P. O’Neill said: “This is further proof that the mob’s rackets, schemes, and violence are persistent. As alleged, the defendants engaged in ruthless violence, including the murder of Michael Meldish in the Bronx and the attempted murder of a Bonanno solider in Manhattan both in 2013. Our thanks to the thorough work of NYPD detectives, FBI agents, and prosecutors in the Southern District that led to today’s indictment.”

According to the allegations in the Indictment, which was filed in White Plains federal court on February 8, 2017[1]:

La Cosa Nostra is composed of leaders, members, and associates who work together and coordinate to engage in a multitude of criminal activities. La Cosa Nostra operates through entities known as “Families.” In the New York City area, those families include the Genovese, Gambino, Luchese, Bonanno, Colombo, and Decavalcante Families. Each Family operates through groups of individuals known as “crews” and “regimes.” Each “crew” has as its leader a person known as a “Caporegime,” “Capo,” “Captain,” or “Skipper,” who is responsible for supervising the criminal activities of his crew and providing “Soldiers” and associates with support and protection. In return, the Capo typically receives a share of the illegal earnings of each of his crew’s Soldiers and associates, which is sometimes referred to as Atribute.@

Each crew consists of “made” members, sometimes known as “Soldiers,” “wiseguys,” “friends of ours,” and “good fellows.” Soldiers are aided in their criminal endeavors by other trusted individuals, known as “associates,” who sometimes are referred to as “connected” or identified as “with” a Soldier or other member of the Family. Associates participate in the various activities of the crew and its members. In order for an associate to become a made member of the Family, the associate must first be of Italian descent and typically needs to demonstrate the ability to generate income for the Family and/or the willingness to commit acts of violence.

From in or about 2011 up to and including in or about 2017, LONDONIO and CALDWELL, along with other members and associates of La Cosa Nostra, committed a wide range of crimes, including murder, attempted murder, assault, robbery, extortion, gambling, and narcotics trafficking. In particular, and as charged in the Indictment, on May 29, 2013, CALDWELL attempted to murder a Bonanno Soldier in the vicinity of First Avenue and 111th Street, in Manhattan. Separately, and as also charged in the Indictment, on November 15, 2013, LONDONIO and CALDWELL together murdered Michael Meldish in the vicinity of Baisley Avenue and Ellsworth Avenue in the Bronx.

* * *

CHRISTOPHER LONDONIO, 43, of Hartsdale, New York, and TERRANCE CALDWELL, 58, of Manhattan, New York, are each charged with conspiracy to commit racketeering, in violation of Title 18, United States Code, Section 1962(d), conspiracy to commit murder in aid of racketeering, in violation of Title 18, United States Code, Section 1959(a)(5); murder in aid of racketeering, in violation of Title 18, United States Code, Sections 1959(a)(1) and 2; possessing a firearm in furtherance of a crime of violence resulting in death, in violation of Title 18, United States Code, Section 924(j); and possessing a firearm in furtherance of a crime of violence on dates other than November 15, 2013, in violation of Title 18, United States Code, Section 924(c). CALDWELL is also charged with assault and attempted murder in aid of racketeering, in violation of Title 18, United States Code, Sections 1959(a)(3), 1959(a)(5), and 2. A chart showing the charges and maximum penalties for each count of the Indictment is below. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.

Mr. Bharara praised the outstanding investigative work of the FBI’s Organized Crime Task Force, which comprises agents and detectives of the FBI, NYPD, Homeland Security Investigations, and the Waterfront Commission of New York Harbor. He also thanked the Bronx County District Attorney’s Office. He added that the investigation is continuing.

Assistant U.S. Attorneys Jennifer E. Burns, Scott Hartman, and Hagan Scotten are in charge of the prosecution. The case is being handled by the Office’s Violent and Organized Crime Unit and White Plains Division.

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

United States v. Christopher Londonio and Terrance Caldwell, 17 Cr. 89

COUNT

CHARGE

DEFENDANTS

MAXIMUM PENALTIES

1

Conspiracy to commit racketeering

CHRISTOPHER LONDONIO and TERRANCE CALDWELL

Life in prison

2

Conspiracy to murder in aid of racketeering

CHRISTOPHER LONDONIO and TERRANCE CALDWELL

10 years in prison

3

Murder in aid of racketeering

CHRISTOPHER LONDONIO and TERRANCE CALDWELL

Mandatory life in prison or the death penalty

4

Assault and attempted murder in aid of racketeering

TERRANCE CALDWELL

20 years in prison

5

Carrying and using a firearm during and in relation to, and possessing a firearm in furtherance of, a crime of violence, resulting in the death of another

CHRISTOPHER LONDONIO and TERRANCE CALDWELL

Life in prison or the death penalty

Mandatory minimum 5 years in prison consecutive to any other sentence

6

Carrying and using a firearm, which was discharged, during and in relation to a crime of violence

CHRISTOPHER LONDONIO and TERRANCE CALDWELL

Mandatory minimum 10 years in prison consecutive to any other sentence

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that CARL IMMICH, formerly the property manager of Harriet Tubman Terrace Apartments, a Section 8 Housing Complex in Poughkeepsie, New York, was sentenced to 18 months in prison.  United States District Judge Cathy Seibel imposed today’s sentence.

Manhattan U.S. Attorney Preet Bharara stated:  “Repeatedly and routinely, Carl Immich stole public money meant to subsidize housing for indigent tenants, and used it to dine out, travel, renovate his house, and play golf.  For his brazen fraud, Immich was sentenced today to time in federal prison.”

According to the allegations contained in the Complaint, the Indictment, and statements made during court proceedings in the case:

Tubman Terrace is a large, low-income apartment complex in Poughkeepsie, New York.  The rental payments for nearly all of the apartments are subsidized by the U.S. Department of Housing and Urban Development (“HUD”) pursuant to Section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f.  From in or about June 2010 through in or about November 2014, HUD provided approximately $150,000 to $160,000 each month to Tubman Terrace. 

From in or about 2009, Tubman Terrace was managed by a management company, of which IMMICH is the principal and sole owner.  In that capacity, IMMICH served as the management agent and property manager of Tubman Terrace since in or about 2009.

From at least in or about December 2010 until at least in or about March 2015, IMMICH fraudulently obtained at least approximately $150,000 of HUD funds from the operating account of Tubman Terrace, which were paid to him or used for personal expenditures.  IMMICH did so through as least three different schemes: (1) he used credit cards intended for Tubman Terrace business expenses for personal expenses, which were then paid through Tubman Terrace’s operating bank account; (2) he obtained check payments from the Tubman Terrace operating bank account to cover other personal expenses; and (3) he obtained payroll checks for himself and his daughter reflecting no work or other entitlement by them to such salary. 

*                *                *

IMMICH, 54, of Rhinebeck, New York, pled guilty to theft concerning a program receiving government funds, and theft of government property.  In addition to the prison sentence, IMMICH was also sentenced to three years of supervised release and ordered to pay $150,001 in restitution. 

Mr. Bharara praised the outstanding investigative work of the HUD Office of Inspector General.

This case is being handled by the Office’s White Plains Division.  Assistant United States Attorneys Lauren Schorr and Benjamin Allee are in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent-in-Charge of the New York Field Office of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a complaint charging VICTOR PETERSON, 54, with selling fentanyl-laced heroin that resulted in the death of a 39-year-old Upper West Side man.

The complaint alleges that, on or about October 20, 2016, PETERSON distributed heroin laced with fentanyl that resulted in the death of Kevin Coombs, age 39, of Manhattan. The complaint also alleges that PETERSON sold heroin and crack cocaine to undercover NYPD officers on other occasions. PETERSON was arrested this morning and will be presented today before United States Magistrate Judge James L. Cott. PETERSON faces a mandatory minimum term of 20 years in prison.

Manhattan U.S. Attorney Preet Bharara said: “The opioid abuse epidemic has claimed far too many lives, and 39-year-old Kevin Coombs was one such life cut short. As alleged, Victor Peterson sold the fentanyl-laced heroin that tragically killed Kevin Coombs. Thanks to the outstanding partnership with the DEA and the NYPD, we continue to combat the deadly opioid crisis one alleged drug dealer at a time.”

DEA Special Agent-in-Charge James J. Hunt said: “Last year the CDC announced that there were over 52,000 fatal drug overdoses in the US; here in NYC, three people died everyday as a result of a drug overdose. DEA is focusing our enforcement efforts on major heroin and fentanyl distribution organizations, in addition to investigating and arresting the street dealers who sell the fatal dose that takes the life of another.”

Commissioner James P. O’Neill said: “The defendant in this case is facing the possibility of life in prison for allegedly selling fentanyl-laced heroin to a 39-year-old man who died of an overdose. Law enforcement is committed to investigating overdoses like this to hold those who sell these deadly opioids criminally responsible. I want to thank the NYPD detectives, DEA agents, and US Attorney Preet Bharara for their work that led to today’s arrest.”

According to the allegations in the Complaint[1] filed in federal court:

Kevin Coombs was found unresponsive by NYPD officers and paramedics on the afternoon of October 21, 2016. Coombs was transported to the hospital, but later died from an overdose of heroin and fentanyl. Prior to Coombs’s death, Coombs composed, but did not send, a text message to PETERSON in which Coombs stated, “Man that shit is so good. I literally just finished the last o[n]e.”

An NYPD undercover officer subsequently contacted PETERSON by cellphone and arranged to purchase narcotics. PETERSON sold the undercover officer crack cocaine on three occasions and heroin on one occasion in December 2016 and January 2017.

* * *

PETERSON, 54, of New York, New York, has been charged with one count of narcotics distribution resulting in the death of another, which carries a maximum sentence of life in prison, and a mandatory minimum sentence of 20 years in prison. PETERSON has also been charged with four counts of narcotics distribution, 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 any sentence for the defendant will be determined by the judge.

Mr. Bharara praised the outstanding work of the NYPD and DEA’s Tactical Diversion Squad for their investigative efforts and ongoing support and assistance with the case. The Drug Enforcement Administration's Tactical Diversion Squad (Group TDS-NY) comprises agents and officers from the U.S. Drug Enforcement Administration (DEA), the New York City Police Department, the New York State Police, and NYC Health and Hospitals Office of the Inspector General.

The prosecution of this case is being overseen by the Office’s Narcotics Unit. Assistant U.S. Attorney Andrew Thomas is in charge of the case.

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 descriptions of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that ROOSEVELT WILLIAMS, a/k/a “Mumsie,” 59, was sentenced to a term of 12 years in prison, and forfeiture of over $100,000 in drug proceeds and property, for his extensive heroin dealing in and around Poughkeepsie, New York. As set forth in WILLIAMS’s plea agreement, and the materials submitted in connection with sentencing, the distribution of that heroin resulted in both fatal and non-fatal overdoses. He was sentenced today in White Plains federal court by U.S. District Court Judge Nelson S. Román. On November 10, 2016, Tony Reynolds, 58, was sentenced, also by Judge Román to a term of 13 years in prison, and to forfeit $5,000 in drug proceeds, for his role in distributing heroin with WILLIAMS.

U.S. Attorney Preet Bharara stated: “Roosevelt Williams sold what became notorious in and around Poughkeepsie as a highly potent brand of heroin. And even as overdoses from Williams’s heroin grew, he continued to sell. For his cold-hearted drug dealing that contributed to the devastation of heroin abuse in our communities, the Court has handed down a stiff sentence of 12 years in prison. We hope this prosecution gives some measure of closure and comfort for the victims’ families, and we thank the Drug Enforcement Administration and our many local law enforcement partners for their extraordinary efforts on this case.”

According to the Complaints and Information filed in White Plains federal court, as well as statements made in connection with the plea and sentencing proceedings:

Over the course of several months, WILLIAMS and Reynolds conspired to sell significant quantities of a highly potent brand of heroin, dubbed “Empire” by a stamp on each bag sold, which had a devastating impact on users in and around Poughkeepsie, New York. The Empire brand became notorious among heroin users in the area as being particularly strong and posing a high risk of overdose. Even as this reputation and the number of overdoses grew, the defendants continued to sell significant quantities of Empire heroin virtually every day.

From at least in or about November 2015 through December 2015, law enforcement engaged in controlled purchases of Empire heroin on five occasions. Each of these sales was made by either WILLIAMS or Reynolds. Law enforcement recovered over $100,00 in cash and two firearms from WILLIAMS’s residence.

* * *

Mr. Bharara praised the outstanding investigative work of the DEA and the Dutchess County Drug Task Force.

These cases are being handled by the Office’s White Plains Division. Assistant United States Attorneys Jennifer Burns, Maurene Comey, and Douglas Zolkind are in charge of the prosecutions.

Preet Bharara, United States Attorney for the Southern District of New York, announced today that DAVID POLOS, formerly an Assistant Special Agent-in-Charge with the Drug Enforcement Administration (“DEA”), was sentenced to one year of probation, 250 hours of community service, and $5,300 in financial penalties for conspiracy and making false statements to the government regarding his and a DEA colleague’s employment at an adult entertainment establishment. POLOS, who was convicted at trial along with co-conspirator and former DEA colleague Glen Glover on June 9, 2016, was sentenced today by U.S. District Judge Paul G. Gardephe. In sentencing POLOS, Judge Gardephe said that POLOS’s behavior was “truly shocking” for a law enforcement official who held “a great deal of responsibility.”

Manhattan U.S. Attorney Bharara said: “David Polos, a former supervisory DEA agent, was sentenced today for lying on his national security forms. Even more so than others, federal agents, sworn to enforce the law, must first obey it themselves. Polos violated his oath and broke the law. He now stands a convicted felon.”

According to the evidence established at trial:

POLOS, who supervised the Organized Crime and Drug Enforcement Strike Force as an Assistant Special Agent-in-Charge, and Glover lied about his employment at, and ownership interests in, an adult entertainment establishment (the “Club”) in Northern New Jersey in connection with a background check that was specifically designed to determine their suitability as employees of a federal law enforcement agency with access to classified information. POLOS also failed to disclose, in response to a question about his relationships with foreign nationals, his intimate relationship with a Brazilian national who danced at the Club. The national security forms POLOS and Glover submitted in connection with the background check required disclosure of outside employment in part due to concerns attendant to certain types of employment, including proximity to crime and persons involved in crime and the risk of employee blackmail.

Glover and POLOS submitted national security forms in August and September 2011, respectively, that stated, among other things, that they did not have employment other than their DEA jobs within the previous seven years, and that POLOS had not had any close, continuing contact with foreign nationals during that same period of time. In fact, Glover was the part owner of, and POLOS had a convertible ownership interest in, the Club. POLOS had, at the time he submitted his form, begun an intimate relationship with a foreign national from Brazil who worked as a dancer at the Club. POLOS and Glover had been warned by others, including Club employees, that at times drug use, drug sales, and illicit sexual activity appeared to be taking place at and outside the Club, which also operated as an all-cash business and did not pay required taxes during its first year in operation.

POLOS and Glover both worked regular managerial shifts at the Club in the months prior to and following their submission of the national security forms. They also hired, fired, and paid bartenders, dancers, and bouncers; supervised the Club’s renovation, advertised the Club in local periodicals; manned a back office available only to employees; remotely monitored video camera feed from the Club when not present; and generally tended to various Club-related matters. POLOS and Glover at times attended to Club matters during DEA work hours.

Had POLOS and Glover truthfully disclosed their employment at the Club, their ownership and involvement in the affairs of the Club would have been investigated as part of their background checks, and the security clearances that they were required to maintain as federal law enforcement employees likely would have been denied.

* * *

POLOS, 51, of West Nyack, New York, and Glover, 45, of Lyndhurst, New Jersey, were convicted of one count of conspiracy to make false statements, and were each convicted of one count of making false statements, in connection with their work at the Club. POLOS was convicted of an additional count of false statements in connection with his failure to disclose his relationship with a foreign national. Glover is due to be sentenced on February 10, 2017.

Mr. Bharara praised the investigative work of the Federal Bureau of Investigation and the Department of Justice Office of the Inspector General. He also thanked the Internal Revenue Service-Criminal Investigation Division for its assistance.

This case is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Martin S. Bell, Andrew D. Goldstein, and Paul M. Monteleoni are in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and James J. Hunt, the Special Agent-in-Charge of the New York Field Office of the U.S. Drug Enforcement Administration (“DEA”), announced the unsealing of an Indictment charging 14 defendants with participation in narcotics and firearms offenses in the Bronx and Yonkers. The Indictment also charges four of these defendants with participating in robberies of commercial establishments in the Bronx and Manhattan, and three of these defendants for participating in firearms trafficking.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, the defendants arrested today plagued the Bronx and Yonkers with drug dealing, guns, and commercial robberies. Thanks to the outstanding and cooperative efforts of the ATF, NYPD, and DEA, the defendants’ rash of alleged crimes has been brought to an end.”

NYPD Commissioner James P. O’Neill said: “The 14 defendants in this case face drug and gun charges after a multi-year investigation into the heroin, crack cocaine and marijuana trade in the Bronx and Yonkers. Four of the defendants are charged in connection with armed robberies in the Bronx and Manhattan and three are accused of firearms trafficking. Our neighborhoods are safer with these people – and the drugs and guns – off of our streets. I want to thank the US Attorney for the Southern District, Preet Bharara, Ashan Benedict, Special Agent-in-Charge of the New York Field Office of the ATF, James Hunt, Special Agent-in-Charge of the New York Field Office of the DEA, and the members of the NYPD for their contributions to this investigation.”

ATF SAC Ashan M. Benedict said: “Today’s indictment demonstrates the dangerous intersection between firearms trafficking, narcotics trafficking, the illicit possession and use of firearms, and violent crime. These defendants allegedly engaged in an alphabet soup of criminal activity, spreading poison, fear, and violence in their wake. Thanks to the outstanding work of the Special Agents, Detectives, and prosecutors involved in this investigation, they will now face well-deserved justice for their alleged actions. I would like to extend my gratitude to the members of ATF, DEA, NYPD, and the U.S. Attorney’s Office for their hard work and collaboration in putting a stop to these individuals.”

DEA SAC James J. Hunt said: “As alleged, a violent drug crew has been taken off the streets today. For years, they allegedly acted like outlaws; selling drugs, brandishing guns and robbing businesses like they were in a time warped Wild West movie. But reality hit them today when they were arrested and brought to court.”

The Indictment[1] charges 10 defendants with participating in a narcotics conspiracy based in the vicinity of Decatur Avenue and East 194th and 195th Streets in the Bronx, New York. Specifically, the following defendants – RENE RUIZ, a/k/a “Lil’ Rene,” a/k/a “Nae Nae,” WILFREDO GONZALEZ, a/k/a “Alfredo Gonzalez,” a/k/a “Freddy,” DOMINGO RAMOS, a/k/a “Mingo,” JASON POLANCO, a/k/a “Jin,” AMAR AHMED, a/k/a “Omar,” a/k/a “O,” ZAIE ESCRIBANO, a/k/a “Zaieto,” a/k/a “Z,” JAIME GONZALEZ, a/k/a “Jimbo,” JORDAN MCDONALD, a/k/a “Umi,” EDWARD NELSON, a/k/a “Boo,” a/k/a “Bugatti,” and CHRISTOPHER CORREA, a/k/a “Chris” – are charged with conspiring to distribute, and to possess with intent to distribute, heroin, crack cocaine, and marijuana from about 2011 up to about early 2017. Eight of these defendants are also charged with using, carrying, and possessing firearms during the narcotics conspiracy.

The Indictment also charges seven defendants with participating in a narcotics conspiracy that operated in the Bronx and in Yonkers. Specifically, the following defendants – DOMINGO RAMOS, a/k/a “Mingo,” CARLOS OSORIO-PEREZ, a/k/a “C,” DENNIS POMALES, a/k/a “D,” JORDAN MCDONALD, a/k/a “Umi,” CHRISTOPHER CORREA, a/k/a “Chris,” MARK FERNANDEZ, a/k/a “Mark,” and WILLIAM RUSSELL, a/k/a “Billy” – are charged with conspiring to distribute, and to possess with the intent to distribute, heroin, cocaine, and crack cocaine from about 2011 up to about early 2017. Four of these defendants are also charged with using, carrying, and possessing firearms during the narcotics conspiracy.

The Indictment also charges four defendants – JASON POLANCO, a/k/a “Jin,” WILFREDO GONZALEZ, a/k/a “Alfredo Gonzalez,” a/k/a “Freddy,” AMAR AHMED, a/k/a “Omar,” a/k/a “O,” and ZAIE ESCRIBANO, a/k/a “Zaieto,” a/k/a “Z” – with conspiring to rob the proceeds of commercial establishments in the Bronx and Manhattan, from about 2014 up to about January 1, 2015. Three of these defendants are also charged with committing the robbery of a pizzeria in the vicinity of Jerome Avenue and East 179th Street in the Bronx, on or about October 31, 2014. All four defendants are also charged with committing the robbery of a gas station in the vicinity of Pelham Parkway South and Boston Road in the Bronx, on or about November 24, 2014. In addition, all four defendants are charged with the use, carrying, and possession of firearms during and in relation to the robbery conspiracy and the November 2014 gas station robbery, during which a firearm was brandished and discharged.

Finally, the Indictment charges three defendants – WILFREDO GONZALEZ, a/k/a “Alfredo Gonzalez,” a/k/a “Freddy,” AMAR AHMED, a/k/a “Omar,” a/k/a “O,” and ZAIE ESCRIBANO, a/k/a “Zaieto,” a/k/a “Z” – with the unlawful trafficking of firearms from in or about 2014 through in or about 2015.

* * *

Of the 14 defendants named in the Indictment, six were taken into custody in a sweep jointly conducted by the NYPD, ATF, and DEA, beginning last night in the Bronx and Yonkers (RAMOS, AHMED, OSORIO-PEREZ, POMALES, CORREA, and FERNANDEZ). The defendants who were taken into custody will be presented and arraigned in Manhattan federal court this afternoon before Magistrate Judge James L. Cott. Five defendants are presently detained in either state or federal custody on unrelated charges, and are being brought into federal custody on writs (RUIZ, POLANCO, ESCRIBANO, JAIME GONZALEZ, and MCDONALD). Three defendants remain at large (WILFREDO GONZALEZ, NELSON, and RUSSELL). The case is assigned to U.S. District Judge Laura Taylor Swain.

Mr. Bharara thanked the Westchester County Police Department and the Putnam County Sheriff’s Office for their assistance in the investigation.

The prosecution is being handled by the Office’s Violent and Organized Crime Unit and its White Plains Division. Assistant U.S. Attorneys Justina L. Geraci, Jordan L. Estes, Christopher J. Clore, and Amanda L. Houle 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.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that EDUARD ZAVALUNOV, a manager of two health care clinics in Queens, New York, pled guilty today before U.S. District Judge Ronnie Abrams to conspiracy to commit wire fraud, mail fraud, and health care fraud, for his role in a massive health care fraud scheme through which three medical clinics in Brooklyn and Queens submitted over $70 million in fraudulent claims to Medicaid and Medicare. 

Manhattan U.S. Attorney Preet Bharara said:  “Eduard Zavalunov has admitted to his role in this $70 million health care fraud  conspiracy.  Zavalunov and his conspirators recruited people from soup kitchens and welfare offices and arranged for them to get medically unnecessary procedures, all so that they could falsely bill Medicaid, Medicare and private insurers.”

According to the Superseding Indictment to which ZAVALUNOV pled guilty, and other publicly filed information in this case:

The Heath Care Fraud Scheme

From 2005 to November 2014, ZAVALUNOV, Victor Lipkin, Vadim Zubkov, Nokoloz Chochiev, Anatoliy Fatkhov, Mariana Swaffar, Jacqueline Pinez, Jonathan Oliver, Jason Brissett, Gilbert Trotman, and Giorgi Buleishvili engaged in a scheme to operate three medical clinics in Brooklyn and Queens, through which they recruited financially disadvantaged and homeless people insured by Medicare and/or Medicaid (the “Phony Patients”) to undergo unnecessary medical tests, typically performed by unlicensed personnel, at the clinics in exchange for cash, and then billed the insurers for administering those unnecessary tests.  Beginning in or about 2005, Lipkin and Zubkov recruited and paid a particular licensed physician (the “Doctor”) to act as the nominal owner and/or physician under whose name three purported medical clinics would bill Medicare, Medicaid, and private insurance providers (the “Insurance Providers”) for unnecessary services and tests – including sleep tests and stress tests – performed at the clinics. The clinics were located on Avenue V in Brooklyn, New York, and on Hillside Avenue and Elmhurst Avenue, respectively, in Queens, New York.  Lipkin and Zubkov were, in fact, the beneficial owners of the clinics, but they concealed their ownership through the Doctor’s nominal affiliation with the clinics, and by laundering the proceeds of the clinics’ operation through shell companies that they owned and controlled.  ZAVALUNOV, Lipkin, Zubkov, and Buleishvili operated and controlled the clinics, and ran the clinics’ day-to-day operations, despite the fact that they were not licensed physicians, as required by New York law.

At the direction of ZAVALUNOV, Lipkin, Zubkov, Buleishvili, and other members of the scheme, including Oliver, Brissett, and Trotman (the “Runners”), as well as Chochiev, recruited financially disadvantaged individuals with Medicaid and/or Medicare insurance to act as Phony Patients and undergo unnecessary medical tests at the clinics in exchange for cash payments.  The Runners often recruited such individuals from soup kitchens and local welfare offices, and coached them on what to say on various medical forms in order to make it falsely appear that the medical tests to which the defendants intended to subject them were medically necessary.  In furtherance of the scheme, Chochiev also made threats of physical violence to individuals who Chochiev believed owed money to the scheme members. 

Also in furtherance of the scheme, before the medically unnecessary tests were performed on the Phony Patients, Swaffar and Pinez obtained the Phony Patients’ Medicaid and/or Medicare insurance information, and then contacted the Insurance Providers to confirm that the Insurance Providers would reimburse for the tests.  Swaffar and Pinez engaged in such conduct knowing that the Phony Patients were being recruited and paid by the Runners to undergo the tests.  Once they determined that a particular Phony Patient’s insurance would pay out claims made by the clinic for the planned medical tests, Swaffar and Pinez notified the Runners that the individuals were eligible and could be brought to the clinic to undergo such tests.

After the Phony Patients had been recruited, confirmed to be Medicare and/or Medicaid eligible, and transported to one of the clinics by the Runners or Chochiev, in many instances certain individuals who were not physicians administered a host of unnecessary medical tests to them.  In particular, for example, Fatakhov administered unnecessary medical tests, including stress tests, to the Phony Patients of the Elmhurst Avenue Clinic.  Fatakhov administered these tests outside the presence and supervision of the Doctor or other licensed physician, despite knowing that the presence or supervision of a licensed physician was required.  After the unnecessary medical tests were administered, the Phony Patients were paid cash kickbacks.  The defendants, through the clinics, then submitted fraudulent claims to Medicaid and Medicare seeking reimbursement for the unnecessary medical tests.  In total, in the course of the scheme, the defendants fraudulently billed over $70 million to Medicaid and Medicare, for which they received over $25 million in reimbursements. 

*          *          *

ZAVALUNOV, 36, pled guilty to one count of conspiracy to commit wire fraud, mail fraud, and health care fraud.

Victor Lipkin, 52, pled guilty on August 3, 2016, to one count of conspiracy to commit wire fraud, mail fraud, and health care fraud.

Vadim Zubkov, 49, pled guilty on January 13, 2017, to one count of conspiracy to commit wire fraud, mail fraud, and health care fraud.

Nikoloz Chochiev, 42, pled guilty on August 11, 2016, to one count of conspiracy to commit wire fraud, mail fraud, and health care fraud.

Anatoliy Fatakhov, 60, pled guilty on July 28, 2016, to one count of conspiracy to commit wire fraud, mail fraud, and health care fraud.

Mariana Swaffar, 52, pled guilty on August 15, 2016, to one count of conspiracy to commit wire fraud, mail fraud, and health care fraud.

Jacqueline Pinez, 33, pled guilty on July 11, 2016, to one count of conspiracy to commit wire fraud, mail fraud, and health care fraud.

Jonathan Oliver, 54, pled guilty on September 6, 2016, to one count of conspiracy to commit wire fraud, mail fraud, and health care fraud.

Giorgi Buleishvili, 42, pled guilty on January 31, 2017, to one count of conspiracy to commit wire fraud, mail fraud, and health care fraud.

Conspiracy to commit wire fraud, mail fraud, and health care fraud carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.  

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentences for the defendants will be determined by the judge.

Mr. Bharara praised the outstanding investigative work of the Federal Bureau of Investigation and the Department of Health and Human Services. 

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorneys Daniel Tehrani, Patrick Egan, and Timothy T. Howard are in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a complaint charging FABRICE DIAZ, 24, with narcotics dealing that resulted in the overdose death of a 25-year-old man.

The complaint alleges that DIAZ participated in a conspiracy to distribute heroin, and that heroin distributed by DIAZ resulted in the death of Robert Vivolo, age 25, of the Bronx, New York, on October 21, 2016. DIAZ was arrested this morning and will be presented later today in Manhattan federal court before United States Magistrate Judge Katharine H. Parker. DIAZ faces a mandatory minimum term of 20 years in prison.

U.S. Attorney Preet Bharara stated: “Once again, we are confronted with the lethal effects of the opioid abuse epidemic. As alleged, Fabrice Diaz sold the heroin that sadly killed Robert Vivolo. Thanks to the outstanding partnership with the New York City Police Department, we seek to combat the deadly opioid crisis one alleged drug dealer at a time.”

According to the Complaint[1]:

From at least in or about October 2016 up to January 2017, in the Southern District of New York and elsewhere, FABRICE DIAZ and others conspired to sell heroin. As part of that conspiracy, on or about October 21, 2016, DIAZ exchanged text messages with Robert Vivolo, a 25-year-old heroin addict who lived on City Island, in the Bronx, New York. In those messages, DIAZ arranged to sell heroin to Vivolo, and DIAZ delivered heroin to Vivolo’s home. A short time later, Vivolo overdosed on that heroin and died.

After Vivolo’s death, DIAZ was arrested on separate charges in New Rochelle, New York, on or about January 11, 2017, in possession of 17 envelopes of heroin.

* * *

DIAZ faces a maximum sentence of life in prison, and a mandatory minimum sentence of 20 years in prison.

The statutory maximum sentence is prescribed by Congress and is provided here for information purposes only, as any sentencing of the defendant would be determined by a judge.

Mr. Bharara praised the investigative work of the NYPD. Mr. Bharara also thanked the Westchester County District Attorney’s Office and the New Rochelle Police Department for their assistance in the investigation. Mr. Bharara noted that the investigation remains ongoing.

This matter is being handled by the Office’s Narcotics Unit. Assistant United States Attorney David W. Denton Jr. 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.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that PAAL KLYKKEN, 35, was sentenced to 78 months in prison and supervised release for seven years for distributing and receiving child pornography. KLYKKEN pled guilty on September 1, 2016, before U.S. District Judge Valerie E. Caproni, who also imposed today’s sentence.

U.S. Attorney Preet Bharara stated: “Paal Klykken admitted to serially taking advantage of and victimizing his minor neighbor. Today, he has been sentenced to prison for his predatory criminal behavior.”

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

From at least early 2015 up to and including January 2016, KLYKKEN communicated by email and a social messaging app with a minor girl (the “Minor Victim”) who lived in a neighboring apartment. Because of the relative positions of their respective apartments, KLYKKEN was able to view inside the Minor Victim’s bedroom from his own apartment window while they communicated. The communications were often sexual, and KLYKKEN repeatedly enticed the Minor Victim to pose in sexual positions and engage in sexually explicit conduct while KLYKKEN watched from his home, often with the aid of a camera.

On March 18, 2016, KLYKKEN was arrested in Manhattan. After his arrest, KLYKKEN admitted, among other things, that, in addition to the conduct with the Minor Victim, for approximately 18 years, he had live-streamed and downloaded child pornography.

* * *

Mr. Bharara praised the efforts of the Federal Bureau of Investigation and expressed deep appreciation for the contribution of the New York City Police Department Vice Major Case Squad to this investigation.

The prosecution is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Jonathan Rebold is in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that ALBERT MELIN, the former treasurer of the volunteer Patterson Fire Department (“PFD"), was sentenced today by U.S. District Judge Nelson S. Roman to 33 months in prison for fraud and tax charges arising out of his embezzlement of more than $1.1 million from the PFD.

According to documents filed in court, MELIN, a chiropractor, was elected treasurer of the PFD in 2013. From in or about December 2013 to in or about October 2015, MELIN embezzled PFD funds under his control by writing checks to the two businesses he owned, 211 Medical, P.C. (“211 Medical”), and N.A.S. Management Co., Inc. (“N.A.S.”). MELIN then deposited the checks to bank accounts held by 211 Medical or N.A.S. MELIN also charged expenses of 211 Medical and N.A.S. to the PFD’s debit card.

MELIN embezzled more than $1.1 million by writing more than 130 fraudulent checks. He used the money to support 211 Medical and N.A.S., to make payments on his home mortgage loan and to pay personal expenses, including the costs of family vacations. MELIN failed to report this income on his personal return for 2014 and falsely reported some of the embezzled funds as revenue on the corporate return for 211 Medical in an effort to disguise their source.

On November 2, 2016, MELIN pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison, and one count of subscribing to false tax returns, which carries a maximum sentence of three years in prison.

* * *

In addition to the prison sentence, MELIN, 46, of Cary, North Carolina, was sentenced to three years of supervised release. Judge Roman also ordered MELIN to forfeit $1,151,665.76 in ill-gotten gains and to pay $1,349,318.76 in restitution.

Mr. Bharara praised the outstanding investigative work of the IRS, FBI, New York State Comptroller, and New York State Police. He thanked the Putnam County District Attorney’s Office for its assistance in the investigation.

This case is being handled by the Office’s White Plains Division. Assistant United States Attorney James McMahon is in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that BARRY CONNELL was charged with wire fraud and aggravated identity theft for allegedly using his position as a financial adviser at a global financial institution based in New York City (the “Bank”) to defraud multiple Bank clients out of at least $5 million over a one-year period. CONNELL was arrested this morning in Henderson, Nevada, and will be presented later today in federal court in Las Vegas, Nevada.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, Barry Connell used his clients’ bank accounts as his own, siphoning off millions of dollars to pay for his extravagant lifestyle, including a country club membership and private jet expenses.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “The reliability of our banking system is paramount to the success of our economy and ability of our markets to flourish. But when that confidence deteriorates because people allegedly breach the expectation of trust, we all suffer. There’s no excuse for this type of alleged crime, especially when a client’s hard-earned money is involved.”

According to the allegations in the Complaint unsealed today in Manhattan federal court:[1]

From December 2015 to November 2016, CONNELL, a former financial adviser at the Bank, effected numerous unauthorized transactions from five accounts belonging to a single family of Bank clients, and as a result defrauded the clients of at least approximately $5 million.

In some instances, CONNELL effected the fraudulent transactions by submitting Bank forms falsely stating that he had received client instructions authorizing wire transfers to third parties for the client’s benefit, when in fact he had not received client authorization and the wire transfers were for CONNELL’s own benefit. In other instances, CONNELL effected the fraudulent transactions by using one client’s checks, which had been intended only to pay the client’s bills, to instead pay for CONNELL’s own expenses.

CONNELL used the client funds to pay for numerous exorbitant personal expenses, including a year’s rent for a house near Las Vegas, country club membership fees, and private jet expenses. CONNELL also paid bills for a credit card account in his spouse’s name, and made payments for his own benefit to automobile dealerships, an entertainment company, and a yacht company.

* * *

CONNELL, 50, of Chester, New Jersey, is charged with one count of wire fraud affecting a financial institution, which carries a maximum sentence of 30 years in prison and a maximum fine of $1 million or twice the gross gain or loss from the offense, and one count of aggravated identity theft, which carries a mandatory consecutive sentence of two years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. 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. Bharara praised the work of the FBI and thanked the U.S. Securities and Exchange Commission for its assistance. Mr. Bharara also thanked the Chester Township, New Jersey, Police Department and the Henderson, Nevada, Police Department for their assistance. He added that the investigation is continuing.

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Won S. Shin 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.

Preet Bharara, the United States Attorney for the Southern District of New York, and Raymond Donovan, the Special Agent in Charge of the Special Operations Division of the U.S. Drug Enforcement Administration (“DEA”), today announced that four individuals charged with participating in a narcotics importation conspiracy arrived in New York from Kenya.

BAKTASH AKASHA ABDALLA, a/k/a “Baktash Akasha,” IBRAHIM AKASHA ABDALLA, a/k/a “Ibrahim Akasha,” GULAM HUSSEIN, a/k/a “Hussein Shabakhash,” a/k/a “Hadji Hussein,” a/k/a “Old Man,” and VIJAYGIRI ANANDGIRI GOSWAMI, a/k/a “Vijay Goswami,” a/k/a “Vicky Goswami,” were arrested in Mombasa, Kenya, on November 9, 2014, pursuant to a United States request, based on charges filed in the Southern District of New York arising out of their participation in a conspiracy to import kilogram quantities of heroin and methamphetamine into the United States. On November 10, 2014, a superseding Indictment was returned also charging the defendants with narcotics importation offenses based on their delivery of 99 kilograms of heroin and two kilograms of methamphetamine in Kenya, which they intended would be imported into the United States. The four defendants will be presented and arraigned in Magistrate Court later today.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, the four defendants who arrived yesterday in New York ran a Kenyan drug trafficking organization with global ambitions. For their alleged distribution of literally tons of narcotics – heroin and methamphetamine – around the globe, including to America, they will now face justice in a New York federal court.”

DEA Special Operations Division Special Agent in Charge Raymond Donovan said: “DEA pursues the most dangerous global drug traffickers who pose a direct threat to safety and stability around the world. We are relentlessly pursuing these criminal groups and their facilitators at every level with our law enforcement partners and we value and appreciate the work of our Kenyan counterparts. It is critical that we attack these dangerous networks before they can do even more damage worldwide and threaten innocent lives.”

According to the allegations in the superseding Indictment[1]:

From in or about March 2014 through the date of their arrests, BAKTASH AKASHA, IBRAHIM AKASHA, HUSSEIN, and GOSWAMI conspired to import kilogram-quantities of heroin into the United States. During the same period, BAKTASH AKASHA, IBRAHIM AKASHA, and GOSWAMI conspired to import kilogram quantities of methamphetamine into the United States.

BAKTASH AKASHA is the leader of an organized crime family in Kenya (the “Akasha Organization”) responsible for the production and distribution of ton quantities of narcotics within Kenya and throughout Africa. Moreover, the Akasha Organization’s distribution network extends beyond the African continent to include the distribution of narcotics for importation into the United States. IBRAHIM AKASHA is the brother and deputy of BAKTASH AKASHA. GOSWAMI manages the Akasha Organization’s drug business, including the production and distribution of methamphetamine and the procurement and distribution of heroin. HUSSEIN – a resident of Pakistan and a long-time associate of GOSWAMI – heads a transportation network that distributes massive quantities of narcotics throughout the Middle East and Africa, and has acknowledged responsibility for transporting tons of kilograms of heroin by sea.

Over the course of several months, during telephone calls and meetings in Nairobi and Mombasa, Kenya, the defendants agreed to supply, and in fact did supply, multi-kilogram quantities of heroin and methamphetamine to individuals they believed to be representatives of a South American drug-trafficking organization, but who were in fact confidential sources (the “CSes”) working at the direction and under the supervision of the DEA. BAKTASH AKASHA, IBRAHIM AKASHA, and GOSWAMI negotiated on behalf of the Akasha Organization to procure and distribute hundreds of kilograms of heroin from suppliers in the Afghanistan/Pakistan region and to produce and distribute hundreds of kilograms of methamphetamine, which they understood would ultimately be imported into the United States. At the same time, HUSSEIN agreed to transport heroin from the Akasha Organization’s supplier in the Afghanistan/Pakistan region to East Africa, so that it could be delivered to the CSes.

During a meeting in Mombasa, Kenya, in April 2014, BAKTASH AKASHA introduced a CS via Skype to one of his heroin suppliers in Pakistan, who said he could provide 420 kilograms of 100 percent pure heroin – which he called “diamond” quality – for distribution in the United States. Thereafter, in June 2014, GOSWAMI began discussing with the CSes his ability to procure methamphetamine precursor chemicals and to establish labs to produce methamphetamine for importation to the United States. In a meeting in Mombasa in September 2014, BAKTASH AKASHA introduced HUSSEIN as a narcotics transporter from Afghanistan who moves ton quantities of narcotics using ships. BAKTASH AKASHA and GOSWAMI described the supplier of heroin for their deal with the CSes, to whom they referred as “the Sultan,” as the top supplier of white heroin in the world.

In September and October 2014, IBRAHIM AKASHA personally delivered one-kilogram samples of methamphetamine and heroin to the CSes in Nairobi on behalf of the Akasha Organization. Thereafter, during a telephone call in October 2014 between BAKTASH AKASHA, GOSWAMI, and one of the CSes, GOSWAMI reported that 98 “chickens” had arrived, referring to 98 kilograms of heroin. GOSWAMI said that the South American drug organization would only need to pay for half of the 98 kilograms of heroin because the Akasha Organization would cover the cost of remaining kilograms. Then, in early November, IBRAHIM AKASHA personally delivered 98 kilograms of heroin to the CSes in Nairobi on behalf of the Akasha Organization. A few days later, IBRAHIM AKASHA also delivered another kilogram of methamphetamine.

In the course these negotiations, the Akasha Organization provided a total of 99 kilograms of heroin and two kilograms of methamphetamine to the confidential sources, and agreed to provide hundreds of kilograms more of each. The defendants were arrested on November 9, 2014, in Mombasa, Kenya, prior to another planned meeting with the CSes.

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BAKTASH AKASHA, 40, is a Kenyan national and a resident of Kenya. IBRAHIM AKASHA, 28, is also a Kenyan national and a resident of Kenya. HUSSEIN, 61, is a Pakistani national and a resident of Pakistan. GOSWAMI, 55, is an Indian national and a resident of Kenya. The defendants are charged with conspiring to import heroin into the United States (Count One), conspiring to import methamphetamine into the United States (Count Two), distributing heroin for unlawful importation into the United States (Count Three), and distributing methamphetamine for unlawful importation in the United States (Count Four). Each count carries a mandatory minimum sentence of 10 years in prison 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.

Mr. Bharara praised the outstanding efforts of the DEA’s Special Operations Division’s Bilateral Investigations Unit. The Department of Justice’s Office of International Affairs also provided assistance in bringing the defendants to the United States to face charges. Mr. Bharara also thanked the DEA’s Nairobi Country Office, the Government of the Republic of Kenya, the Kenyan National Police Services Anti-Narcotics Unit, and members of the Kenyan DEA Formal Vetted Unit.

This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Michael D. Lockard and Emil J. Bove III 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.

[1] As the introductory phrase signifies, the entirety of the text of 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.

Preet Bharara, the United States Attorney for the Southern District of New York, Bethanne M. Dinkins, Special Agent-in-Charge of the U.S. Department of Agriculture, Office of Inspector General (“USDA-OIG”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced that HECTOR M. CRUZ was arrested today for possessing, selling, and transporting roosters for purposes of participation in animal fights around the United States. The defendant is expected to be presented today in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, Hector Cruz ran a cruel and illegal business of raising and selling roosters for the purpose of vicious cockfights where knives and other sharp instruments are attached to the fighting roosters’ legs. Thanks to the work of the U.S. Department of Agriculture, Office of the Inspector General and the NYPD, Cruz’s days of allegedly profiting from this inhumane business are over.”

Special Agent-in-Charge Dinkins said: “The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity involving drugs, firearms and gambling. Together with the Department of Justice, animal fighting is an investigative priority for USDA-OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”

NYPD Commissioner James P. O’Neill stated: “Cockfighting often leads to the cruel killing of roosters. Hector Cruz’s arrest will stop the breeding and training of roosters for cockfighting at his facility in the Bronx.”

According to the allegations in the Complaint unsealed today in Manhattan federal court[1]:

Cockfighting is an activity in which knives, gaffs, or other sharp instruments are attached to the legs of roosters for the purpose of fighting each other. The fights between roosters end when one rooster is dead or refuses to continue to fight. If not killed during the fight, the losing rooster is typically killed afterwards. Roosters involved in cockfighting will often be mutilated in preparation for fights, typically by cutting off the rooster’s comb and wattle and shaping the rooster’s spur. Individuals who breed roosters for cockfights often cross-breed particular types of roosters in order to produce hybrid breeds that will excel as fighters.

From December 2012 up to January 2017, HECTOR M. CRUZ, a New York City public school teacher, maintained a rooster farm at a location in the Bronx, where he bred, raised, and trained roosters for cockfighting. CRUZ sold and shipped his roosters to individuals across the country, knowing that the birds were intended for cockfights. CRUZ communicated with customers through social media and received payments of as much as $600 for fighting birds.

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CRUZ, 59, of the Bronx, New York, is charged with selling, possessing, and transporting animals for purposes of participation in an animal fight, which carries a maximum penalty of five 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 defendant will be determined by the judge.

Mr. Bharara praised the outstanding investigative work of the USDA-OIG and the NYPD Animal Cruelty Investigation Squad and thanked them for their ongoing support and assistance with the case.

The prosecution of this case is being overseen by the Office’s General Crimes Unit. Assistant U.S. Attorneys Michael C. McGinnis and Alison G. Moe are in charge of the case.

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.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that LAQUAN PARRISH, a/k/a “MadDog,” a/k/a “Quanzaa,” pled guilty today to racketeering and firearms charges in connection with his leadership of the “2Fly YGz” (“2Fly”) gang, a violent street gang that operated in and around the Eastchester Gardens public housing development (“ECG”) in the Bronx. As part of his guilty plea, PARRISH admitted his involvement in a shootout with rival gang members on August 7, 2012, during which three victims – including a 14-year-old girl caught in the crossfire – were shot in a Bronx park. PARRISH faces a maximum term of life in prison, and will be sentenced before United States District Judge Lewis A. Kaplan on May 10, 2017, at 3:00 p.m.

U.S. Attorney Preet Bharara said: “For far too long, Laquan Parrish and his cohorts with the 2Fly street gang terrorized the Bronx with violence, robberies, and drug dealing. Today’s guilty plea by one of 2Fly’s leaders, Laquan Parrish, to federal firearms and racketeering charges, including an admission to a shootout in which a 14-year old girl and two others were shot in a Bronx park, makes the community around Eastchester Gardens safer. That is why we bring these cases – to make our neighborhoods free from gang violence and drugs – and that is what today’s plea helped achieve.”

According to the Indictment and other documents filed in the case, as well as statements made during the plea proceedings:

PARRISH was a leader of 2Fly, a subset of the “Young Gunnaz,” or “YGz” street gang, which operates throughout New York City. 2Fly is based in the Bronx, within and around ECG and in an area called the “Valley” or the “V,” which is in the vicinity of Gun Hill Road. ECG is a rectangular complex of residential buildings bordered by Burke, Adee, Yates, and Bouck Avenues, in the middle of which is a playground. The gang war between 2Fly and rival street gangs has led to an enormous amount of fatal and non-fatal violence between 2007 and 2016 in the Northern Bronx, including shootings, stabbings, slashings, beatings, and robberies. Members and associates of 2Fly controlled the narcotics trade at ECG, which took place in the open air at the playground and in apartments at ECG. 2Fly primarily sold marijuana and crack cocaine, but also sold powder cocaine and prescription pills, such as oxycodone. 2Fly members and associates stored guns at the playground or in nearby apartments or cars in order to protect the narcotics business and for protection against rival gangs.

As part of his involvement in 2Fly, PARRISH participated with other 2Fly members in a shootout with rival gang members on August 7, 2012, in a public park in the Bronx. Three victims were shot, including a 14-year-old girl caught in the crossfire.

PARRISH was arrested in this case as a result of a multi-year investigation by the New York City Police Department’s Bronx Gang Squad (the “Bronx Gang Squad”), U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Violent Gang Unit (“HSI”), the New York Field Division of the Drug Enforcement Administration (“DEA”), and the Joint Firearms Task Force of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) into gang violence in the Northern Bronx. On April 27, 2016, the Indictment was unsealed, charging 57 members and associates of 2Fly with racketeering conspiracy, narcotics conspiracy, narcotics distribution, and/or firearms charges. To date, 42 of these defendants have pled guilty.

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PARRISH, 27, of the Bronx, New York, was brought from state custody into federal custody on April 27, 2016. PARRISH pled guilty today to one count of racketeering conspiracy, which carries a maximum sentence of life in prison, and one count of firearms possession, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of life 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 defendant’s sentence will be determined by the judge.

Mr. Bharara praised the outstanding work of the NYPD’s Bronx Gang Squad, HSI, DEA, and ATF.

This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Rachel Maimin, Micah W.J. Smith, Hagan Scotten, Jessica Feinstein, and Drew Johnson-Skinner are in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that JOHN AFRIYIE, a former analyst at the Manhattan-based private investment fund (the “Fund”) was found guilty this afternoon in Manhattan federal court of securities fraud and wire fraud for committing insider trading. AFRIYIE made approximately $1.5 million in profits in connection with stock options he purchased based on material nonpublic information he misappropriated from the Fund about an impending acquisition of ADT Corporation (“ADT”).

Manhattan U.S. Attorney Preet Bharara said: “As a unanimous jury found today, John Afriyie, an investment fund analyst, made $1.5 million in illegal profits by trading in ADT stock, using inside information about ADT that he had obtained from the fund’s servers. To cover up his insider trading scheme, Afriyie destroyed incriminating emails and even claimed his own voice on a recorded call to his broker was actually his mother’s. The jury saw through Afriyie’s deception, and he now stands convicted of federal crimes.”

According to the Indictment other filings in Manhattan federal court and the evidence presented at trial:

In January 2016, Apollo Investment Management LLC (“Apollo”) contacted the Fund to discuss whether the Fund would provide debt financing for Apollo’s potential acquisition of ADT. The Fund entered into a non-disclosure agreement with Apollo and was granted access to confidential documents related to the ADT transaction. As an investment analyst at the Fund, AFRIYIE had access to the Fund’s network server, which maintained, among other things, electronic shared directory file folders containing material nonpublic information, including information about Apollo’s acquisition of ADT.

In violation of the Fund’s policies and in breach of his duties to the Fund, AFRIYIE repeatedly accessed material nonpublic information about Apollo’s pending acquisition of ADT in an electronic shared drive folder on the Fund’s network server. In approximately 28 separate transactions between January 28, 2016, and February 12, 2016, AFRIYIE purchased approximately 2,279 ADT call options for a total of $24,254.02 before the public announcement of that transaction. AFRIYIE purchased the ADT call options through a brokerage account in the name of AFRIYIE’s mother, which AFRIYIE controlled. AFRIYIE did not reveal his trades or the existence of the brokerage account to the Fund. As cover for his criminal scheme, AFRIYIE repeatedly pretended to be his mother in recorded telephone calls with his broker.

The public announcement of Apollo’s acquisition of ADT in February 2016 caused ADT shares to increase in value from $29.20 per share on the day AFRIYIE began purchasing ADT options to $39.64 per share, resulting in a corresponding increase in the value of the call options AFRIYIE had purchased. Upon subsequently selling the ADT options, AFRIYIE generated over $1.5 million in illicit profits.

In connection with his arrest, AFRIYIE lied to agents of the Federal Bureau of Investigation (“FBI”) about his ADT options trades and falsely claimed that his own voice on a recorded call with his broker was really his mother’s voice. Following his arrest, AFRIYIE also attempted to delete the contents of an email account that he had used to communicate with his broker.

While the guilt phase of the trial has concluded, AFRIYIE has requested a jury determination as to whether certain assets are subject to forfeiture as proceeds of the offenses for which he was found guilty. That forfeiture proceeding remains ongoing and will resume tomorrow.

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AFRIYIE, 29, of Freehold, New Jersey, was convicted of one count of securities fraud and one count of wire fraud, each of which carries a statutory maximum sentence of 20 years in prison. AFRIYIE was remanded on January 23, 2016, after he refused to appear in court for trial, and he remains in custody. The statutory maximum sentences 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. Bharara praised the investigative work of the FBI and the Office’s Criminal Investigators. He also thanked the Securities and Exchange Commission for its assistance.

The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Edward A. Imperatore and Christine I. Magdo are in charge of the prosecution. Assistant U.S. Attorney Jennifer L. Gachiri is handling the forfeiture aspects of this prosecution.

“Once again, we have shown that terrorists and terrorist enablers can be brought to justice fairly, openly, and swiftly in the crown jewel of our justice system -- civilian courts. Today, a jury in federal court in Manhattan convicted Ahmed Mohammed El Gammal of material support of terrorism. To grow their brand of hate-filled violence and radicalization, terrorist organizations like ISIS need facilitators and promoters around the world. And the jury found today that Ahmed Mohammed El Gammal was one such terrorist facilitator. An Ambassador for ISIS right here in America, El Gammal actively touted and glamorized ISIS online, ultimately recruiting and helping a New York college student travel to an ISIS camp in Syria for military training. That New Yorker died waging jihad, and for El Gammal’s active role in sending him down that trail to terror, he now stands convicted of federal terrorism crimes.”

Preet Bharara, the United States Attorney for the Southern District of New York, announced that STEVEN WILLIAMS was found guilty Friday of conspiring to distribute kilogram quantities of heroin and cocaine. WILLIAMS was convicted after a one-week jury trial before U.S. District Judge Lorna G. Schofield.

Manhattan U.S. Attorney Preet Bharara said: “As the jury swiftly found, Steven Williams used his music business as a front to traffic in massive quantities of cocaine and heroin. For pumping 100 kilograms of cocaine and more than 40 kilograms of heroin into New York City streets, Williams now stands convicted of federal narcotics conspiracy.”

According to the evidence introduced at trial, other proceedings in this case, and documents previously filed in Manhattan federal court:

Between 2009 and August 2015, WILLIAMS conspired with others to traffic in excess of 100 kilograms of cocaine and 40 kilograms of heroin from California to New York. WILLIAMS held himself out to be in the music business, and used his music business as a front to ship multi-kilogram quantities of heroin and cocaine across the country via industrial freight shipping companies, with heroin and cocaine hidden in speakers, amplifiers, and copy machines.

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WILLIAMS, 46, of New York, faces a mandatory minimum sentence of 10 years in prison, and a maximum sentence of life in prison. The maximum potential 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. A sentencing date has not yet been scheduled before Judge Schofield.

Mr. Bharara praised the outstanding investigative work of the DEA’s New York Organized Crime Drug Enforcement Strike Force, which comprises agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement – Homeland Security Investigations (HSI), the New York State Police, the U. S. Internal Revenue Service, Criminal Investigation Division, the Federal Bureau of Investigation, U.S. Secret Service, the U.S. Marshal Service, New York National Guard, the New York Department of Taxation and Finance, the Rockland County Sheriff’s Office, the Clarkstown Police Department, the Port Washington Police Department, and the New York State Department of Corrections and Community Supervision. The Strike Force is partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA), which is a federally funded crime fighting initiative.

This case is being prosecuted by the Office’s Narcotics Unit. Assistant United States Attorneys Rebekah Donaleski and Lara Pomerantz are in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that AHMED MOHAMMED EL GAMMAL, a resident of Arizona, was convicted today of multiple terrorism offenses in connection with his efforts to help Samy El-Goarany join and train with the Islamic State of Iraq and the Levant, a/k/a the Islamic State of Iraq and al-Sham, a/k/a the Islamic State of Iraq and Syria (“ISIS”), a designated foreign terrorist organization. EL GAMMAL was convicted of providing and conspiring to provide material support to ISIS, aiding and abetting the receipt of military-type training from ISIS, and conspiring to receive such training. EL GAMMAL was convicted following a three-week jury trial presided over by U.S. District Judge Edgardo Ramos.

U.S. Attorney Preet Bharara said: “Once again, we have shown that terrorists and terrorist enablers can be brought to justice fairly, openly, and swiftly in the crown jewel of our justice system – civilian courts. Today, a jury in federal court in Manhattan convicted Ahmed Mohammed El Gammal of material support of terrorism. To grow their brand of hate-filled violence and radicalization, terrorist organizations like ISIS need facilitators and promoters around the world. And the jury found today that Ahmed Mohammed El Gammal was one such terrorist facilitator. An Ambassador for ISIS right here in America, El Gammal actively touted and glamorized ISIS online, ultimately recruiting and helping a New York college student travel to an ISIS camp in Syria for military training. That New Yorker died waging jihad, and for El Gammal’s active role in sending him down that trail to terror, he now stands convicted of federal terrorism crimes.”

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

Beginning in at least April 2014, EL GAMMAL was an outspoken supporter on social media of ISIS and ISIS’s Caliphate, or Islamic government, in Syria. Among other things, EL GAMMAL announced that he was with “[t]he State of Iraq and the Levant,” referring to ISIS; celebrated ISIS’s achievements in battle and announcement of the establishment of a Caliphate; proclaimed that he “support[s] jihad everywhere”; and declared that “[b]eheadings have a magical effect.” EL GAMMAL additionally announced that “[i]f Daesh [i.e., ISIS] gets to Egypt, I will go join them, so I can torture the Egyptians, and whip them.”

As of at least August 2014, a 24-year-old New York City resident named Samy El-Goarany began to express his support for ISIS on social media as well. On August 14, 2014, El-Goarany heard that EL GAMMAL had made comments supportive of ISIS. Minutes later, El-Goarany contacted EL GAMMAL and they communicated via an encrypted communications platform. Less than an hour after this online conversation, EL GAMMAL sent El-Goarany a documentary on life in the Islamic State that outlined the type of training ISIS provides. Over the next several months, EL GAMMAL and El-Goarany continued corresponding over the Internet, although EL GAMMAL and El-Goarany deleted almost all of these exchanges.

In the midst of these communications, in October 2014, EL GAMMAL traveled to New York City, where El-Goarany was enrolled in college, and met with El-Goarany. During this October 2014 trip, EL GAMMAL provided El-Goarany with the phone number for EL GAMMAL’s contact in Turkey, Ateia Aboualala, who would be responsible for helping El-Goarany travel from Turkey across the border to ISIS in Syria. While in New York City, EL GAMMAL also contacted Aboualala in Turkey regarding El-Goarany’s plans to travel. EL GAMMAL later provided El-Goarany with social media contact information for Aboualala. Thereafter, in a coded conversation, EL GAMMAL assured Aboualala that he had vetted El-Goarany and El-Goarany could be trusted.

In late January 2015, El-Goarany left New York City for Istanbul, Turkey. Upon arriving in Turkey, El-Goarany immediately reached out to Aboualala. While El-Goarany was in Turkey, EL GAMMAL continued to communicate with El-Goarany over the Internet, providing advice on traveling toward Syria and on meeting with Aboualala. After arriving in Syria, El-Goarany received religious training and advanced military-type training from ISIS throughout 2015. On May 7, 2015, in the midst of his training with ISIS, El-Goarany reported to EL GAMMAL that “everything [was] going according to plan.” A few months later, on July 16, 2015, El-Goarany wrote to EL GAMMAL: “Life has changed a lot for me at this new job but I love it and I don’t regret taking up the offer,” and “May God reward you with goodness,” to which EL GAMMAL responded, “Great.”

In May 2015, El-Goarany’s father traveled to Turkey and met with Aboualala, in an attempt to locate his son. Upon learning of this, EL GAMMAL instructed Aboualala, “Don’t ever ever mention me. Not even my name[,]” and urged Aboualala not to meet with El-Goarany’s father. On May 5, 2015, Aboualala reported back to EL GAMMAL, assuring EL GAMMAL that, when Aboualala met up with El-Goarany’s father, “I covered up for you.”

In coded messages in mid-2015, EL GAMMAL reached out to El-Goarany to inquire about the possibility of his (EL GAMMAL’s) traveling to ISIS in Syria. On July 13, 2015, El-Goarany, again in a coded message, responded that he needed to ask his “supervisors at work first,” but commented that “it’s risky because the parking lot these days is going under a lot of renovation, especially in the north side,” alluding to military operations occurring in northern Syria at the time.

On November 23, 2015, El-Goarany’s brother received a message from a member of ISIS with an attached letter from El-Goarany. The letter read: “if you’re reading this then know that I’ve been killed in battle and am now with our Lord, inshaAllah. Remember what I told you . . . we will win this war one day, this war between Iman (Belief) and Kufr (Disbelief) between Good and Evil. . . .”

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EL GAMMAL, 44, of Avondale, Arizona, was convicted of one count of providing material support to a designated foreign terrorist organization and one count of conspiring to provide material support to a designated foreign terrorist organization, each of which carries a maximum sentence of 20 years in prison; one count of receiving military-type training from a designated foreign terrorist organization, which carries a mandatory sentence of 10 years in prison or a fine; and one count of conspiring to receive military-type training from a designated foreign terrorist organization, 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 Judge Ramos. A sentencing date has not yet been set.

Mr. Bharara praised the outstanding investigative work 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. Mr. Bharara also thanked the Counterterrorism Section of the Department of Justice’s National Security Division, the U.S. Attorney’s Office for the District of Arizona, and the Phoenix Field Office of the FBI for their assistance.

The prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Negar Tekeei, Brendan F. Quigley, and Andrew J. DeFilippis are in charge of the prosecution, with assistance from Trial Attorney Ranganath Manthripragada of the Counterterrorism Section.

Preet Bharara, the United States Attorney for the Southern District of New York, and David E. Beach, Special Agent in Charge of the U.S. Secret Service New York Field Office (“USSS”), announced today that SANDRA ZONGO, a/k/a “Sandra Nelson,” a/k/a “Akiwa Gizzel,” was convicted today by a jury of impersonating an officer or employee of the United States, passing fictitious government obligations, wire fraud, and attempting to commit wire fraud in seeking benefits from the Human Resources Administration. ZONGO was convicted following a nine-day trial in Manhattan before U.S. District Judge Kimba M. Wood.

U.S. Attorney Preet Bharara said: “Today, a unanimous jury convicted Sandro Zongo of posing as a federal government employee and using fake documents to steal hundreds of thousands of dollars in goods and services from her victims. Claiming she was a Commissioner for a made-up organization with ties to the United Nations, Zongo defrauded hotels, restaurants and other vendors with fake invoices and went as far as defraud a charity for military veterans.”

Special Agent in Charge David Beach said: “The Secret Service places a priority on investigating criminals, who prey on the residents of this city and their businesses through deceit and false solicitations for real charities. Working with our partners with the NYPD to arrest these criminals and deter others from committing similar schemes, the Secret Service pursues complex crimes with significant community impact.”

According to the allegations in the Indictment, other documents publicly filed in Manhattan federal court, and the evidence introduced at trial:

In October 2014, the United States Secret Service began investigating ZONGO, who had been holding herself out as the “Deputy Commissioner” of the “Office of the Commissioner.” The “Office of the Commissioner” purported to be an “Intergovernmental Organization” and claimed to be funded by the federal government in doing work with the United Nations. In fact, the organization was not federally funded and had no affiliation with the United Nations. While purporting to be a “Deputy Commissioner,” ZONGO obtained hundreds of thousands of dollars in goods and services from hotels, restaurants, and other Manhattan vendors using fake government purchase orders, certificates of indebtedness, and other fraudulent documents. Among other things, ZONGO defrauded a charity holding an event designed to benefit injured veterans of $150,000.

While ZONGO was claiming to be the “Deputy Commissioner of Foreign Affairs,” she also submitted fraudulent documents to the Human Resources Administration in her application for housing benefits, including letters in which she claimed to be an “intern.”

* * *

ZONGO, 47, of New York, New York, was convicted of one count of passing fictitious obligations, which carries a maximum sentence of 25 years in prison; one count of impersonating an official or employee of the United States government, which carries a maximum sentence of three years in prison; one count of wire fraud, which carries a maximum sentence of 20 years in prison; and one count of attempted wire fraud, 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 defendant will be determined by the judge.

Mr. Bharara praised the work of the United States Secret Service, and thanked the Criminal Investigators of the Southern District New York, the New York City Police Department, the Human Resources Administration, the United States Postal Service–Office of Inspector General, as well as the United States Postal Inspection Service.

The case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Jessica Fender, Kiersten Fletcher, Janis Echenberg, and Christopher DiMase are in charge of the prosecution; paralegal specialist Jenny Satinover provided additional support.

Joon H. Kim, the Deputy United States Attorney for the Southern District of New York, and William F. Sweeney, Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that STEVEN SIMMONS and JOSEPH MELI were arrested this morning on conspiracy, securities fraud, and wire fraud charges stemming from their participation in a scheme to defraud investors and provide those fraud proceeds to earlier investors in a hedge fund (the “Hedge Fund”). MELI is also charged with wire fraud in connection with a related fraudulent scheme in which MELI solicited investments through false representations that MELI had entered into an agreement to purchase tickets to a particular Broadway show (the “Show”), which MELI could then resell for a profit.

SIMMONS and MELI are expected to be presented today in Magistrate Court before the Honorable James C. Francis IV.

Deputy U.S. Attorney Joon H. Kim said: “As alleged, while soliciting funds from investors for legitimate-sounding investments, Steven Simmons and Joseph Meli were in fact running Ponzi schemes. Meli allegedly made up out of whole cloth purported deals to buy Broadway tickets that he could later sell at a profit. But as alleged, Meli was just robbing Peter to pay Paul. Thanks to the work of the FBI, the curtain has fallen on Simmons and Meli's alleged fraud scheme.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “When fraudsters think they’re going to get away with scheming investors out of money, they tend to forget that at some point the money will run out. It’s the way a Ponzi scheme ends. At some point, the original investors will want to see returns on their investments, and they’re going to demand an explanation as to why there isn’t any money. The men arrested in this case even allegedly joked about the scheme, calling it a ‘shell game.’ This should serve as a warning to others playing the same games, at some point, the FBI and our law enforcement partners will discover the fraud and will make sure the criminals behind it are held accountable.”

According to the Complaint unsealed today in Manhattan federal court[1]:

Beginning in at least November 2015 through in or about January 2017, SIMMONS and MELI solicited investments by falsely representing to the investors that their funds would be used for legitimate, specified, investment purposes. SIMMONS represented that investor funds would be invested in securities by the Hedge Fund and MELI represented that investor funds would be used to purchase a large number of tickets for the Show which would then be resold by MELI for a profit. In fact, SIMMONS and MELI failed to invest the investor monies as promised, but rather used the money, in a Ponzi-like fashion, to fund the repayment of earlier investors in the Hedge Fund whose redemption requests could not be forestalled, and diverted investor monies to their own use.

Among other false and misleading statements, SIMMONS told one investor (“Victim Entity-1”) that its funds would be placed by the Hedge Fund with a highly successful group of portfolio managers, and provided performance information for these portfolio managers. In truth and in fact, SIMMONS solicited those investment funds from Victim Entity-1 for the purpose of repaying an earlier investor in the Hedge Fund that had demanded the return of its investment. Most of Victim Entity-1’s funds were, within minutes of their receipt by the Hedge Fund, wired to the earlier investor. The following day, $50,000 was wired by the Hedge Fund to an account controlled by SIMMONS. In a later consensually recorded conversation with a cooperating witness (the “CW”), SIMMONS expressed concern that Victim Entity-1 would contact the portfolio managers with whom it believed its funds were invested and learn that “there’s no . . . money.”

MELI also solicited at least three investors in a separate business run by MELI by falsely representing that he had entered into an agreement with the producer of the Show under which MELI would purchase a large number of tickets to the Show and then resell those tickets at a profit. MELI promised these investors a share in these profits. In truth and in fact, MELI had not entered into an agreement to purchase tickets to the Show but rather diverted investor money to his own personal use, including spending more than $200,000 at a luxury car dealership, and used investor monies to repay earlier investors in both his own Ponzi-like ticket resale scheme and the Hedge Fund. In later consensually recorded conversations with the CW, MELI discussed his “fraudulent ticket deal” and described playing a “shell game” with investor monies.

* * *

SIMMONS, 48, of Wilton, Connecticut, and MELI, 42, of Manhattan, were arrested this morning. SIMMONS is charged with one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, and one count of wire fraud. MELI is charged with one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, and two counts of wire fraud. The conspiracy count carries a maximum sentence of five years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense. The securities fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $5 million, or twice the gross gain or loss from the offense. The wire fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.

Mr. Kim praised the work of the FBI and thanked the Securities and Exchange Commission for its assistance. He added that the investigation is continuing.

The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Elisha J. Kobre is in charge of the prosecution.

The allegations 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.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that JOSE LUIS GRACESQUI was sentenced today to life in prison after having been convicted at trial of conspiracy to commit murder-for-hire, murder-for-hire, and murder in connection with a narcotics conspiracy for his role in the murder of a 28-year-old Manhattan man in 1999. U.S. District Judge P. Kevin Castel, who presided over the three-week jury trial, imposed today’s sentence.

Manhattan U.S. Attorney Preet Bharara said: “Thanks to the efforts of the dedicated agents, detectives, and prosecutors who never gave up, this cold-case murder of an innocent 28-year-old man has been solved and the perpetrator brought to justice. The person responsible for that murder has been sentenced to life in prison, bringing to a close this tragic and senseless crime. We hope this brings some measure of peace to Richard Diaz’s family.”

According to the evidence introduced at trial, other proceedings in this case, and documents previously filed in Manhattan federal court:

JOSE LUIS GRACESQUI, a/k/a “Luis Perez,” a/k/a “Ramon Ortiz,” a/k/a “Onel Colon,” a/k/a “Muffler,” was a member of a crew that committed violent robberies, kidnappings, and beatings of drug dealers. In the summer of 1999, GRACESQUI was hired by a major drug dealer in Upper Manhattan to kill one of the drug dealer’s customers (“Intended Victim-1”) after Intended Victim-1 and a number of his associates stole heroin from the drug dealer.

On the night of July 19, 1999, GRACESQUI and a member of his crew saw Intended Victim-1 in a car with another person and began following Intended Victim-1 through Manhattan. When the car with Intended Vicitm-1 stopped at a red light, GRACESQUI got out of the car that he had been in, approached the car with Intended Victim-1, and began shooting. The shots hit both Intended Victim-1 and the driver of the car, Richard Diaz. Richard Diaz was able to drive a short distance to the Henry Hudson Parkway, until Diaz lost consciousness and died. Intended Victim-1 sustained injuries but did not die.

* * *

GRACESQUI, 46, is from Queens, New York. Mr. Bharara praised the investigative work of the DEA and the NYPD.

This case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Laurie A. Korenbaum, Brendan F. Quigley, and Rebekah Donaleski are in charge of the prosecution.

Former Rockland BOCES Official Pleads Guilty to Fraud, Theft, Bribery,

and Obstruction of Justice

Preet Bharara, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Thomas Zugibe, the Rockland County District Attorney, today announced the unsealing of an Indictment charging RICHARD BREGA with conspiracy, fraud, theft, bribery, and obstruction of justice. The charges arise from an alleged scheme to defraud the Rockland Board of Cooperative Educational Services (“BOCES”) by billing it for bus maintenance that was not performed. Bharara also today announced the guilty plea of WILLIAM POPKAVE, a former official with Rockland BOCES, to conspiracy, fraud, theft, bribery, and obstruction of justice, charged in a five-count Information unsealed today.

Manhattan U.S. Attorney Preet Bharara stated: “Richard Brega and William Popkave allegedly engaged in a corrupt scheme to charge Rockland County school districts for school bus repairs and maintenance that were never actually performed, then tried to cover their tracks through fake invoices and deceptive money transactions. The defendants’ alleged fraud and corruption not only betrayed the public trust, but risked making school buses, including some used for disabled children, less safe. Thanks to the work of the FBI and the Rockland County District Attorney’s Office, this allegedly callous scheme has been exposed.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. stated: “Brega’s company was responsible for servicing a fleet of Rockland BOCES buses, some of which were used for physically disabled students. Checks were supposed to include repairs, preventative maintenance, and inspection. As alleged, Brega billed for services that were never completed. In fact, many of the buses hadn’t even been brought to the repair shop where the work would have been performed. As charged, with the help of Popkave, one of their own officials, Rockland BOCES was taken for a ride—even if their buses were not.”

Rockland County District Attorney Thomas Zugibe stated: “As alleged in the federal Indictment, Richard Brega, Jr., the Rockland BOCES vendor, submitted false invoices for school bus maintenance that was never provided. William Popkave would knowingly approve these invoices for payment, notwithstanding the fact that these services were never provided. Rockland BOCES administrators were unaware of the wrongdoing of its former employee. The allegations in this case highlights the essence of greed and extremely poor judgment by a former employee and the operator of Rockland County's largest provider of public transportation. With these charges, the Joint Public Corruption Task Force continues its mission to root out fraud and abuse at all levels. We are proud to be a part of it.”

As alleged in the Indictment and Information unsealed today in White Plains federal court[1]:

BREGA owned and controlled vehicle repair and transportation companies in Rockland County. Brega D.O.T. Maintenance Corp. (“Brega DOT”) was a fleet maintenance repair shop owned and controlled by BREGA.

Rockland BOCES serves eight school districts in Rockland County. Among the services that Rockland BOCES offers to its students is transportation, for which it has a fleet of buses and other vehicles (hereinafter collectively referred to as “Rockland BOCES’ buses” and “bus fleet”), some of which are specially equipped for students with physical disabilities. Rockland BOCES receives federal funding each year, significantly in excess of $10,000, including more than $1 million some years.

From in or about 2008 or 2009, through in or about 2015, Brega DOT provided vehicle repair service and maintenance for Rockland BOCES’ bus fleet. The service of Rockland BOCES’ buses by Brega DOT included regular preventive maintenance (“Preventive Maintenance”). To perform Preventive Maintenance on a Rockland BOCES bus, Brega DOT was supposed to, among other things, receive the bus at Brega DOT’s facility, inspect the bus, and, ordinarily, drive the bus. To obtain payment for Preventive Maintenance, Brega DOT created invoices documenting the work done, provided the invoices to Rockland BOCES, and, once CC-1 approved the bill, received payment from Rockland BOCES.

From in or about 2012 through in or about 2014, BREGA conspired to and did steal money from Rockland BOCES by, among other things, billing Rockland BOCES for vehicle repair services that, as BREGA well knew, were never performed. To do so, BREGA had fraudulent invoices made, to give the false appearance that his company had performed regular Preventive Maintenance on certain buses, when in fact those buses were not even brought to Brega DOT.

To create the fraudulent invoices, and to obtain payment from Rockland BOCES for work that was never performed, BREGA bribed WILLIAM POPKAVE – the employee of Rockland BOCES at the time who oversaw upkeep and maintenance of its buses – with tens of thousands of dollars’ worth of free personal vehicle repairs. POPKAVE emailed BREGA lists of buses and their mileages for purposes of creating fraudulent invoices, and thereafter approved payment of the fraudulent invoices at Rockland BOCES.

In addition, during the investigation of the criminal conspiracy, BREGA obstructed justice by attempting to cover up his bribery of POPKAVE with a series of financial transactions designed to conceal BREGA’s provision of free personal vehicle services to POPKAVE.

The conspiracy was accomplished through, among other things, the following means and methods:

From in or about 2009 through in or about 2014, BREGA provided POPKAVE with free vehicle repairs for POPKAVE’s personal vehicles and those of his friends and family. At one point, the value of the free vehicle services that Brega DOT provided to POPKAVE totaled approximately $47,000.

From in or about 2012 through in or about 2014, BREGA caused Brega DOT to bill Rockland BOCES for Preventive Maintenance that, as BREGA well knew, Brega DOT never performed. Brega DOT, in fact, billed Rockland BOCES for more than $86,000 for claimed instances of Preventive Maintenance when, in those instances, the bus at issue was never even brought to Brega DOT.

In addition, BREGA caused Brega DOT to automatically and routinely overcharge Rockland BOCES for labor and parts.

To bill Rockland BOCES for work that was not done, on buses that were not brought to Brega DOT, BREGA, POPKAVE and another co-conspirator (“CC-2”), along with others acting on their behalf, created fraudulent invoices. POPKAVE emailed BREGA lists of buses and their respective mileages. BREGA then caused CC-2 and others to create invoices, listing the mileages provided by POPKAVE, falsely documenting that the bus had undergone Preventive Maintenance at Brega DOT, when in fact, as BREGA well knew, it had not.

Once the fraudulent bills were sent from Brega DOT to Rockland BOCES, POPKAVE authorized payment. Payments were mailed from Rockland BOCES. POPKAVE did so because, among other things, Brega DOT was servicing POPKAVE’s vehicles and those of his family and friends for free.

* * *

BREGA was arrested this morning and will be arraigned today on the charges in the Indictment before United States Magistrate Judge Judith C. McCarthy in the White Plains federal courthouse.

BREGA, 49, of Rockland County, is charged with five counts: (1) conspiracy to commit mail fraud; (2) mail fraud; (3) bribery concerning a program receiving federal funds; (4) theft concerning a program receiving Federal funds; and (5) obstruction of justice. The offenses carry a combined maximum penalty of eighty years in prison and a $250,000 fine.

POPKAVE, 61, of Rockland County, New York, pled guilty to five counts: (1) conspiracy to commit mail fraud; (2) mail fraud; (3) theft concerning a program receiving Federal funds; (4) bribery concerning a program receiving federal funds; and (5) obstruction of justice. The offenses carry a combined maximum penalty of eighty years in prison and a $250,000 fine.

The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the judge. POPKAVE will be sentenced at a future date. The case is assigned to U.S. District Judge Vincent Briccetti.

Mr. Bharara praised the outstanding investigative work of the FBI, the Rockland County District Attorney’s Office, and the United States Department of Transportation Office of Inspector General.

This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Michael Maimin and Benjamin Allee 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 phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, and Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced today the filing of a criminal complaint charging ROBERT GUZMAN with mail fraud in connection with a fraudulent apartment rental scheme that claimed more than 2,000 victims. As alleged, GUZMAN posted apartments supposedly available for rent in New York City on websites he operated, amazingapartmentrentals.com and www.equityproject.net (the “Websites”), that charged a fee to view the apartments on the Website. Between 2013 and 2016, victims paid GUZMAN (who has no real estate licenses) more than $100,000, but were never able to view the apartments purportedly available for rent on the Websites, some of which were not, in fact, in New York City, and others of which were not, in fact, available for rent. GUZMAN was arrested this morning and will be presented before the Honorable James C. Francis IV later today.

Manhattan U.S. Attorney Preet Bharara said: “Robert Guzman allegedly defrauded more than 2,000 victims who were searching for a place to live in New York City. He allegedly created websites that took advantage of these victims’ desire to find affordable housing in New York city, taking fees from victims to view apartments, when in fact some of the apartments were not even in New York or available for rent. Thanks to the work of the U.S. Postal Inspection Service, Guzman’s alleged scam has been put to an end.”

USPIS Inspector-in-Charge Philip R. Bartlett said: “Mr. Guzman took advantage of the need for affordable housing by allegedly devising a scheme to defraud those who could least afford to lose their hard-earned funds to a scam. Today’s arrest by Postal Inspectors, exemplifies our Agency’s commitment to bring individuals to justice whose greed overshadows honesty and decency.”

According to the Complaint[1]:

From 2013 through the present, GUZMAN would post on the Websites apartments supposedly available for rent in New York City, and would charge a fee to view the apartments (the “Application Fee”). The Website included listings for apartments that were not, in fact, in New York City, as well as some that were, in fact, listed for sale, not for rent, by actual real estate companies. After the victims mailed the Application Fee to a P.O. box GUZMAN provided on the Website, the victims would never be able to view the apartments purportedly available for rent. Between 2013 and 2016, GUZMAN defrauded more than 2,000 victims of over $100,000.

* * *

GUZMAN, 42, of the Bronx, New York, was arrested this morning in the Bronx. GUZMAN was charged with mail fraud, which carries a maximum sentence of 20 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 defendant will be determined by the judge.

Mr. Bharara praised the efforts of the USPIS in this investigation.

This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Jacob Warren is in charge of the prosecution.

The charge contained in the Complaint is merely an accusation, 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 forth herein constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today charges against three individuals, SEAN PETER, a/k/a “Huggie,” JASON CAMPBELL, a/k/a “Holiday,” a/k/a “Fish,” and STEVEN SYDER, a/k/a “Esteban,” in connection with the drug-related murder of 19-year-old Brian Gray in the Bronx on October 2, 2012. PETER, CAMPBELL, and SYDER were arrested today and will be presented before Magistrate Judge James C. Francis IV. The case has been assigned to United States District Judge Naomi Reice Buchwald.

Manhattan U.S. Attorney Preet Bharara stated: “The defendants are charged with shooting and killing a young man on the streets of the Bronx to further their alleged narcotics business. Drug-related violence threatens the safety and security of all New Yorkers, and we will continue to make our streets and neighborhoods safe. We commend our partners at the FBI and NYPD for the exemplary work that led to the charges brought today.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. stated: “Drug dealers use violence and intimidation to assert their dominance over others they see as potential rivals in their territory. That violence often results in someone being shot and killed, and the community more fearful that the violence won’t stop. The FBI/NYPD Violent Crimes Task Force works day after day to prevent these criminals from returning to the streets, and to stop the cycle of crime.”

NYPD Commissioner James P. O’Neill stated: “I commend the efforts of the detectives and prosecutors whose hard work resulted in the arrest of three defendants, charged in this homicide. The NYPD will continue to target those who mar our communities with drugs and violence, ensuring that those responsible are brought to justice.”

As alleged in the Indictment unsealed today in Manhattan federal court[1]:

In 2012, PETER, CAMPBELL, and SYDER conspired to distribute and possess with intent to distribute marijuana. On October 2, 2012, PETER, CAMPBELL, and SYDER participated in the killing of Brian Gray by shooting him in furtherance of that marijuana distribution conspiracy. The murder took place in the vicinity of 3309 Barker Avenue in the Bronx, New York.

Count One charges PETER, CAMPBELL, and SYDER with conspiring to distribute and possess with intent to distribute marijuana, which carries a maximum sentence of five years in prison.

Count Two charges PETER, CAMPBELL, and SYDER with using a firearm to murder Gray in connection with the marijuana distribution conspiracy, which carries a maximum sentence of death, or life in prison.

Count Three charges PETER, CAMPBELL, and SYDER with brandishing and discharging a firearm in connection with the marijuana distribution conspiracy, which carries a maximum sentence of life in prison.

The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the Court.

* * *

PETER, 33, CAMPBELL, 30, and SYDER, 33, are all of the Bronx, New York.

Mr. Bharara praised the outstanding investigative work of the FBI-NYPD Joint Bank Robbery/Violent Crimes Task Force. He also thanked the Teaneck, New Jersey, Police Department for all of their assistance and support in the ongoing investigation.

The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Sagar K. Ravi, Michael Gerber, and Hadassa Waxman 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.

[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.

Preet Bharara, the United States Attorney for the Southern District of New York, and Patricia Tarasca, the Special Agent-in-Charge of the New York Region for the Federal Deposit Insurance Corporation Office of Inspector General (“FDIC-OIG”), announced the unsealing today of an indictment charging ISSAK ALMALEH, a/k/a “Issak Izrael,” and ANTOANETA IOTOVA with conspiracy to commit bank fraud, bank fraud, wire fraud, and making false statements to the FDIC, in connection with a wide-ranging scheme to falsely claim ownership of more than $17 million worth of property in New York and Florida. As alleged, ALMALEH and IOTOVA used forged documents to claim ownership of real estate in New York and Florida, and then used those real estate documents to victimize individuals and tenants. ALMALEH and IOTOVA were arrested today in Hollywood, Florida, and will be presented later today in federal court in Fort Lauderdale, Florida. The case is assigned to Chief U.S. District Judge Colleen McMahon.

Manhattan U.S. Attorney Preet Bharara said: “Issak Almaleh and Antoaneta Iotova allegedly forged documents to falsely claim ownership over $17 million of property in New York and Florida. As alleged, the defendants’ brazen scheme led to at least one victim being wrongfully evicted from the victim’s own home and others signing leases and paying deposits to the defendants for homes the defendants did not actually own. Thanks to the work of the FDIC Office of Inspector General, the defendants’ alleged frauds have now been foreclosed.”

FDIC Special Agent-in-Charge Patricia Tarasca said: “The FDIC Office of Inspector General is committed to investigating allegations of fraudulent activity that threatens to harm FDIC-insured financial institutions. Our office worked vigorously to uncover the details of this alleged real estate foreclosure scam to ensure integrity in the banking industry and hold guilty parties accountable.”

According to the allegations contained in the Indictment unsealed today in Manhattan federal court[1]:

The Scheme to Defraud Banks

From at least 2012, ALMALEH and IOTOVA have filed fraudulent and forged property deeds purporting to transfer ownership of more than 40 real properties located in New York City and the greater Miami, Florida, area, with a combined estimated market value in excess of $17 million, to entities controlled by ALMALEH and IOTOVA, specifically, New York Sport Foundation, New York Mortgage Corporation, and Women in International Relations, Inc.

ALMALEH and IOTOVA identified properties that had been subject to foreclosure, and were owned by financial institutions insured by the FDIC. ALMALEH and IOTOVA then filed fraudulent and forged warranty deeds that supposedly reflected the transfer of these properties from the financial institutions to entities controlled by ALMALEH and IOTOVA for a nominal sum. ALMALEH, who was a commissioned notary, would notarize the documents as genuinely signed by representatives of the financial institutions. IOTOVA would sign the documents on behalf of the entities controlled by the defendants.

In furtherance of their scheme, in 2015, ALMALEH and IOTOVA also submitted a false application for FDIC insurance and certification, seeking to have the FDIC certification of an FDIC-insured bank (“Bank-1”) transferred to their control.

The Scheme to Defraud Individuals

After ALMALEH and IOTOVA filed deeds purporting to transfer ownership of the properties, ALMALEH and IOTOVA used the deeds to victimize other individuals. On at least one occasion, in 2015, ALMALEH and IOTOVA evicted a bona fide purchaser (“Victim-1”) from a property in Hollywood, Florida (“Property-1”), that had been falsely claimed by ALMALEH and IOTOVA. Using a fraudulent deed indicating that Victim-1’s property belonged to New York Mortgage Corporation, ALMALEH, using the name “Issak Izrael,” and IOTOVA obtained the assistance of the local police in temporarily evicting Victim-1 from Victim-1’s residence. ALMALEH and IOTOVA proceeded to change the locks to the doors on Property-1, until an emergency court hearing permitted Victim-1 to remain in residence at Property-1.

On another occasion, in 2016, ALMALEH and IOTOVA used documents falsely claiming ownership of a property in Hallandale Beach, Florida (“Property-2”), in order to defraud consumers into falsely entering into lease agreements for Property-2. Two victims (“Victim-2” and “Victim-3”) separately responded to an online advertisement indicating that the units in Property-2 were available for rent. Victim-2 and Victim-3 met with IOTOVA and entered into lease agreements for the units in Property-2. The lease agreements were signed by ALMALEH. In addition to signing a lease agreement, Victim-2 provided IOTOVA with $2,000 in cash, and Victim-3 provided IOTOVA with $900 in cash. A few days later, however, the locks on the doors at Property-2 were changed, and Victim-2 and Victim-3 were notified by the financial institution that was the true owner of Property-2 (“Bank-2”) that their lease agreements were invalid and that they would have to vacate Property-2.

* * *

ALMALEH, 63, and IOTOVA, 51, of Hollywood, Florida, are each charged with one count of conspiracy to commit bank fraud, one count of bank fraud, and one count of making false statements to the FDIC, each of which carries a maximum sentence of 30 years in prison; and one count of wire 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 the judge.

Mr. Bharara praised the investigative work of the FDIC Office of Inspector General. Mr. Bharara also thanked the New York City Sheriff’s Office, the Hollywood, Florida, Police Department, the Broward County Sheriff’s Department, and the Broward County Property Appraiser’s Office for their assistance in the investigation. Mr. Bharara noted that the investigation remains ongoing.

If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact the Victim/Witness Unit at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900. For additional information, go to http://www.usdoj.gov/usao/nys/victimwitness.html.

The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys David W. Denton Jr. and Robert Sobelman 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.

[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.

Preet Bharara, the United States Attorney for the Southern District of New York; William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”); James R. Farrell, the Sullivan County District Attorney; George Beach, the Superintendent of the New York State Police (“NYSP”); Michael A. Schiff, the Sullivan County Sheriff; Scott Kinne, the Chief of the Village of Liberty Police; and Robert Mir, the Chief of the Village of Monticello Police Department, today announced the unsealing of three Indictments charging 11 members of three separate drug trafficking organizations based in Sullivan County, New York, with conspiracy to distribute heroin and crack cocaine. In a coordinated operation earlier today, federal, state, and local law enforcement officers arrested seven defendants in Sullivan County. One of the charged defendants had already been arrested. Three defendants remain at large. Most of the defendants are expected to be presented in White Plains federal court today before U.S. Magistrate Judge Judith C. McCarthy.

Manhattan U.S. Attorney Preet Bharara stated: “Every day, in communities around the country, we witness the devastating effects of the heroin trade. With today’s charges, made possible by the work of the FBI and our local law enforcement partners, we seek to help stem the flow of heroin and crack cocaine in Sullivan County.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. stated: “This case is part of our continuing effort in the Hudson Valley area to eradicate the tragic loss of life that is so closely associated with those involved in the drug trade. Heroin is killing more people in this country than ever before, and the FBI Hudson Valley Safe Streets Task Force is doing everything we can to stop these dealers from using this potentially lethal drug so they can make money.”

Sullivan County District Attorney James R. Farrell stated: “Today’s arrests mark our sustained and continued joint law enforcement effort - federal, state and local - to disrupt, dismantle, and destroy heroin trafficking organizations in Sullivan County. Our joint commitment, with our federal law enforcement partners, will continue apace so that those who engage in this deadly trade are held accountable and responsible in a court of law. I want to thank U.S. Attorney Preet Bharara for his continued support of these efforts in Sullivan County, and all of the local police agencies in Sullivan County that have multiplied our impact in disrupting heroin trafficking by successfully partnering with the FBI Safe Streets Task Force.”

NYSP Superintendent George P. Beach II said: “Thanks to the hard work and partnership of law enforcement at the state, federal, and local level, we have arrested and charged these 11 individuals, who are allegedly responsible for trafficking heroin and cocaine throughout Sullivan County. These narcotics are dangerous for users, and threaten the safety and security of our neighborhoods. We will continue to work with our partners to aggressively pursue the criminals who profit at the expense of our communities.”

Sullivan County Sheriff Michael A. Schiff stated: “This is another significant step forward in our initiative to curtail gangs and drug sales in Sullivan County. I would like to thank all of the agencies involved in these arrests. We are much more effective working together than separately.”

Village of Liberty Police Chief Scott Kinne stated: “Heroin is poisoning our communities and our citizens, especially our youth. Targeting and arresting the dealers who choose to distribute heroin and cocaine into our communities will make our communities a safer place to work and raise our children.”

Village of Monticello Police Chief Robert Mir stated: “The Monticello Police Department, the United States Attorney for the Southern District of New York, the FBI, the Sullivan County District Attorney and our other partners in law enforcement have been investigating these drug organizations for a long time and today’s arrests were a culmination of that investigation. These arrests stem from a series of ongoing joint investigations that have been progressing for years. The unsealing of three federal indictments, and arrests, underscore our commitment to combat the ongoing drug trade in our community, which has so severely affected the youth of Sullivan County. We hope that these arrests will go a long way toward curbing the opiate epidemic in Sullivan County and thereby improving the quality of life. At the conclusion of our past operations, we warned drug dealers. Today we issue another warning: We have other ongoing investigations, we know who you are, where to find you and we will get you. We will not stop.”

As alleged in the Indictments unsealed today in White Plains federal court[1]:

ROSHEEN HILLIARD, a/k/a “Nyce,” a/k/a “Ghost,” a/k/a “Cutt,” a/k/a “Daddy,” 37, JERMAINE DRAYTON, a/k/a “Jerm,” 40, JESENIA FIELDS, 29, and LEON FOUNTAIN, a/k/a “Tiger,” 35, are charged in an indictment with conspiring to distribute and possess with intent to distribute one kilogram or more of heroin from at least 2013 through December 2016. This drug trafficking organization was led by HILLIARD and primarily operated in and around Sullivan County, New York.

AVERY AUBAIN, a/k/a “Dog,” 23, KATRINA BRIDGES, a/k/a “Trina,” 36, PAUL HERSHEWSKY, a/k/a “Hersh,” 38, TYRELL IVORY, a/k/a “Rell,” 23, JESSE KREBS, 27, and WILLIAM SOMERS, a/k/a “Billy,” 43, are charged in an indictment with conspiring to distribute and possess with intent to distribute one kilogram or more of heroin from at least 2013 through May 2016. AUBAIN and his alleged coconspirators distributed heroin in and around the Village of Liberty, New York, and other locations in Sullivan County, New York.

TERRY COVINGTON, 37, is charged in an indictment with conspiracy to distribute and possess with intent to distribute 28 grams or more of crack cocaine in and around Sullivan County, New York.

* * *

Charts containing the names of the defendants who were charged today, and the charges and maximum penalties they face, are attached. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the respective judges.

Mr. Bharara praised the outstanding investigative work of the FBI, the New York State Police, the Sullivan County Sheriff’s Department, the Village of Monticello Police Department, and the Village of Liberty Police Department. Mr. Bharara also thanked the Sullivan County District Attorney’s Office for its ongoing assistance in the case.

These cases are being handled by the Office’s White Plains Division. Assistant United States Attorneys Maurene Comey and Gillian Grossman are in charge of the prosecutions.

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

CHARGE(S)

DEFENDANT(S)

MAXIMUM PENALTIES

Narcotics conspiracy

(Conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin.)

ROSHEEN HILLIARD,

a/k/a “Nyce,”

a/k/a “Ghost,”

a/k/a “Cutt,”

a/k/a “Daddy,”

JERMAINE DRAYTON,

a/k/a “Jerm,”

JESENIA FIELDS, and

LEON FOUNTAIN,

a/k/a “Tiger”

Life in prison

Mandatory minimum: 10 years in prison

Narcotics conspiracy

(Conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin.)

AVERY AUBAIN,

a/k/a “Dog,”

KATRINA BRIDGES,

a/k/a “Trina,”

PAUL HERSHEWSKY,

a/k/a “Hersh,”

TYRELL IVORY,

a/k/a “Rell,”

JESSE KREBS, and

WILLIAM SOMERS,

a/k/a “Billy”

Life in prison

Mandatory minimum: 10 years in prison

Narcotics conspiracy

(Conspiracy to distribute and possess with intent to distribute 28 grams or more of crack cocaine.)

TERRY COVINGTON

40 years in prison

Mandatory minimum:

five years in prison

[1] As the introductory phrase signifies, the entirety of the text of the Indictments and the descriptions of the Indictments set forth below constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has filed and settled a federal civil rights lawsuit against JPMORGAN CHASE BANK, N.A. (“CHASE”) alleging discrimination on the basis of race and national origin in the conduct of its wholesale lending business, in violation of the Fair Housing Act (“FHA”) and the Equal Credit Opportunity Act (“ECOA”). The Consent Order between the parties was approved today by the Honorable Alison J. Nathan.

Manhattan U.S. Attorney Preet Bharara said: “Today’s settlement will compensate thousands of African-American and Hispanic borrowers who paid higher rates and fees on Chase mortgages than similarly situated white borrowers. In the settlement announced today, Chase admits the Government found that the bank’s wholesale lending brokers charged minority borrowers more than white borrowers in the same position. Such unequal treatment is not only unfair, but a violation of the Fair Housing Act.”

According to the stipulation of fact agreed to by the parties in the Consent Order, filed in federal court in Manhattan:

• Prior to January 2006 and continuing until early 2009, Chase originated and funded residential mortgage loans through a wholesale channel. Applications for these loans were brought to Chase by thousands of independent mortgage brokers throughout the United States who had entered into contracts with Chase for the purpose of bringing mortgage loan applications to it for origination and funding.

• From 2006 to 2009, approximately 360,000 wholesale mortgage loans were sourced by these independent brokers and brought to Chase. Of these, Chase reported that approximately 40,000 wholesale loans were made to African-American borrowers and that approximately 66,000 wholesale loans were made to Hispanic borrowers. Chase closed its wholesale channel in 2009.

• The government’s data model projects that, from at least 2006 through late 2009, certain of the approximately 106,000 African-American and Hispanic borrowers who obtained loans through independent mortgage brokers participating in Chase’s wholesale channel paid higher rates and fees on “wholesale” home mortgage loans compared to the rates and fees paid by similarly situated white borrowers who obtained loans through independent mortgage brokers participating in Chase’s wholesale channel. It projects that in thousands of instances, an African-American borrower entering into the same type of Chase wholesale mortgage as a white borrower paid higher loan rates and larger fees than such white borrower. Similarly, it projects that in thousands of instances, a Hispanic borrower entering into the same type of Chase wholesale mortgage as a white borrower paid higher loan rates and larger fees than such white borrower.

To compensate the estimated 50,000 African-American and Hispanic borrowers who paid higher rates and fees than similarly situated white borrowers, CHASE has agreed to create a settlement fund in the amount of approximately $53 million. CHASE has further agreed to retain an administrator to manage the settlement fund and to locate borrowers who may qualify for compensation. Borrowers who are African American and/or Hispanic and who obtained a mortgage through CHASE’s wholesale channel from 2006 through 2009 should be contacted by the administrator in the next several months, or can contact the United States Attorney’s Office directly, by contacting the Civil Rights Complaint Line at (212) 637-0840, using the Civil Rights Complaint Form available on the United States Attorney’s Office’s website http://www.justice.gov/usao/nys/civilrights.html, or by sending a written claim to:

U.S. Attorney’s Office, Southern District of New York

86 Chambers Street, 3rd Floor

New York, New York 10007

Attention: Chief, Civil Rights Unit

The case is being handled by the Office’s Civil Rights Unit. Assistant U.S. Attorneys Jean-David Barnea and David J. Kennedy are in charge of the case.

Preet Bharara, the United States Attorney for the Southern District of New York, Mary B. McCord, Acting Assistant Attorney General for National Security, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that Kun Shan Chun, a/k/a “Joey Chun,” was sentenced to serve 24 months in prison and pay a $10,000 fine based on his conviction for acting in the United States as an agent of the People’s Republic of China (“China”), without providing prior notice to the Attorney General. CHUN pled guilty on August 1, 2016. U.S. District Judge Victor Marrero imposed today’s sentence.

Manhattan U.S. Attorney Preet Bharara said: “Kun Shan Chun, an FBI employee, was supposed to work to protect and serve the American people. But instead, he acted as a secret agent of China. For that betrayal, Chun has now been sentenced to federal prison.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “The FBI continues to be vigilant in an effort to warn American industries, businesses and institutions of the dangers posed by the insider threat. This investigation validates that we at the FBI are not immune to the threat of an insider. The FBI will continue to diligently protect its equities, and those of both our U.S. intelligence community partners and those in the private sector, from insiders looking to steal our information and use it against us.”

According to the Information filed against CHUN, other documents publicly filed in this case, and statements made during court proceedings, including today’s sentencing:

CHUN, a native of China and a naturalized citizen of the United States, began working at the FBI’s New York Field Office in approximately 1997 as an electronics technician assigned to the Computerized Central Monitoring Facility of the FBI’s Technical Branch. In approximately 1998, and in connection with his employment, the FBI granted CHUN a Top Secret security clearance, and his duties included accessing sensitive and, in some instances, classified information. As discussed in more detail below, in connection with a progressive recruitment process, CHUN received and responded to requests from Chinese nationals and at least one Chinese government official (“Chinese Official-1”), at least some of whom were aware that CHUN worked at the FBI.

On multiple occasions prior to his arrest in March 2016, while engaging in a prolonged and concerted effort to conceal from the FBI his illicit relationships with these individuals, CHUN disclosed to Chinese Official-1 – at minimum – information regarding the FBI’s personnel, structure, technological capabilities, general information regarding the FBI’s surveillance strategies, and certain categories of surveillance targets.

CHUN’s Purported Consulting for Zhuhai Kolion Technology Company Ltd.

Beginning in at least 2005, CHUN and certain of his relatives maintained relationships with Chinese nationals purporting to be affiliated with a company in China named Zhuhai Kolion Technology Company Ltd. (“Kolion”). CHUN maintained an indirect financial interest in Kolion, including through a previous investment by one of his relatives. In connection with these relationships, Chinese nationals asked CHUN to perform research and consulting tasks in the United States, purportedly for the benefit of Kolion, in exchange for financial benefits, including partial compensation for international trips as well as cash payments made to CHUN’s relative.

Between 2006 and 2010, CHUN’s communications and other evidence reflect inquiries to CHUN from purported employees of Kolion while CHUN was in the United States, as well as efforts by CHUN to collect, among other things, information regarding solid-state hard drives and printer cartridges.

CHUN’s Relationship with Chinese Official-1

CHUN was introduced to Chinese Official-1 in approximately 2007 and subsequently provided Chinese Official-1 with sensitive information from the FBI. During a trip to Italy and France in 2011, CHUN met with Chinese Official-1. Chinese Official-1 indicated that he worked for the Chinese government, and that he knew CHUN worked for the FBI. During subsequent private meetings conducted abroad between CHUN and Chinese Official-1, Chinese Official-1 asked questions about sensitive, nonpublic FBI information. During those meetings, CHUN disclosed, among other things, the identity and potential travel patterns of an FBI Special Agent.

In approximately 2012, the FBI conducted a routine investigation relating to CHUN’s Top Secret security clearance. In an effort to conceal his relationships with Chinese Official-1 and the other Chinese nationals purporting to be affiliated with Kolion, CHUN repeatedly lied on a standardized form related to the security clearance investigation. During the period between 2000 and CHUN’s termination, CHUN also reported to the FBI that he had traveled to the areas of Hong Kong and China approximately nine times, as well as additional trips to Canada, Thailand, Europe, Australia, and New Zealand. CHUN was required by FBI policy to disclose anticipated and actual contact with foreign nationals during his international travel, but he lied on numerous pre- and post-trip FBI debriefing forms by omitting his contacts with Chinese Official-1, other Chinese nationals, and Kolion.

Examples of CHUN’s Actions in the United States in Response to Requests from Chinese Official-1

Chinese Official-1 asked CHUN on multiple occasions for information regarding the internal structure of the FBI. In response to those requests, in approximately March 2013, CHUN downloaded an FBI organizational chart from his FBI computer in Manhattan. CHUN later admitted to the FBI that, after editing the chart to remove the names of FBI personnel, he saved the document on a piece of digital media and caused it to be transported to Chinese Official-1 in China.

Chinese Official-1 also asked CHUN for information regarding technology used by the FBI. In approximately January 2015, CHUN took photographs of documents displayed in a restricted area of the FBI’s New York Field Office, which summarized sensitive details regarding multiple surveillance technologies used by the FBI. CHUN sent the photographs to his personal cell phone, and later admitted to the FBI that he caused the photographs to be transported to Chinese Official-1 in China.

CHUN’s Admissions to an FBI Undercover Employee

In about February 2015, the FBI caused an undercover employee (the “UCE”) to be introduced to CHUN. The UCE purported to be employed by an independent contractor.

During a March 2015 recorded meeting, CHUN told the UCE about his relationship with Kolion and Chinese nationals. In a subsequent recorded meeting in March 2015, CHUN explained to the UCE that Kolion had “government backing,” and that approximately five years earlier a relative met a “section chief” who CHUN believed was associated with the Chinese government.

In June 2015, during a recorded meeting, CHUN told the UCE that he had informed his Chinese associates that the UCE may be in a position to assist them. CHUN said that he wished to act as a “sub-consultant” to the UCE and wanted the UCE to “pay” him “a little bit.” In July 2015, after coordinating travel in an effort to introduce the UCE to CHUN’s Chinese associates, CHUN met with the UCE twice. During one of the meetings, CHUN stated that he knew “firsthand” that the Chinese government was actively recruiting individuals who could provide assistance, and that the Chinese government was willing to provide immigration benefits and other compensation in exchange for such assistance. The UCE told CHUN that he had access to sensitive information from the United States government. CHUN responded that his Chinese associates would be interested in that type of information, but that CHUN expected a “cut” of any payment that the UCE received for providing information to the Chinese government.

CHUN’s Arrest by the FBI and Confession

CHUN was arrested by the FBI on March 16, 2016. He subsequently confessed to most of the foregoing activities, including having taken steps to collect sensitive FBI information in the United States in response to taskings from Chinese Official-1. CHUN explained that he was motivated in part by the financial benefits that he and others derived from these relationships, but also admitted that he understood that he had provided assistance to the Chinese government.

The Seizure of Additional Sensitive FBI Information from CHUN’s Residence

The FBI searched CHUN’s residence pursuant to a search warrant around the time of his arrest. Agents found a .40 caliber handgun and an AR-15 rifle in CHUN’s basement, neither of which was registered in New York. The FBI also seized from CHUN’s residence a thumb drive that contained three files with sensitive FBI information dating back to approximately 2006 and 2007. CHUN’s job at the FBI did not require him to work from home, and there is no legitimate reason for him to have possessed these files at his residence. One file – which had a “date modified” of January 19, 2007 – was marked with a security header that read “FBI sensitive information for official use only.” The document described technical details of FBI surveillance infrastructure, including specific information about networks used to store highly sensitive, classified data. The second file contained information relating to ways in which FBI employees could access raw intelligence information, and it included network details and unique usernames for ten FBI employees. The third file – which had a “date modified” of July 20, 2007 – contained a spreadsheet dated June 2, 2006, that included names and telephone numbers of FBI personnel with jobs similar to CHUN’s position, as well as telephone numbers for lines that Electronics Technicians such as CHUN would have used to configure or troubleshoot network issues with the FBI’s New York Office.

* * *

In addition to the prison sentence and fine, Judge Marrero also sentenced CHUN, 47, to one year of supervised release and to pay a $100 special assessment.

Mr. Bharara praised the outstanding investigative work of the FBI’s Counterintelligence Division. Mr. Bharara also thanked the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division.

The prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Emil J. Bove III and Andrea L. Surratt are in charge of the prosecution, with assistance from Trial Attorneys Thea D. R. Kendler and David C. Recker of the Counterintelligence and Export Control Section.

Preet Bharara, the United States Attorney for the Southern District of New York, Scott J. Lampert, Special Agent in Charge of the New York Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), and Craig Rupert, Special Agent in Charge of the Northeast Field Office of the Defense Criminal Investigative Service, Department of Defense, Office of Inspector General (“DoD-OIG”), announced today a $50 million settlement in a civil fraud lawsuit against WALGREEN CO. (“WALGREENS”), a nationwide retail pharmacy chain that owns and operates thousands of retail pharmacies throughout the United States. The settlement resolves claims that WALGREENS violated the federal Anti-Kickback Statute (“AKS”) and False Claims Act (“FCA”) by enrolling hundreds of thousands of beneficiaries of government healthcare programs (“government beneficiaries”) in its Prescription Savings Club program (“PSC program”). Specifically, the Government’s Complaint alleges that Walgreens violated the AKS and FCA by providing government beneficiaries with discounts and other monetary incentives under the PSC program, in order to induce them to patronize WALGREENS’ pharmacies for all of their prescription drug needs. The Complaint further alleges that WALGREENS understood that allowing government beneficiaries to participate in the PSC program was a violation of the AKS, but that it nevertheless marketed the program to government beneficiaries and paid its employees bonuses for each customer they enrolled in the program, without verifying whether the customers were government beneficiaries. The settlement will also resolve numerous state law civil fraud claims.

U.S. District Court Judge J. Paul Oetken has approved a settlement agreement to resolve the Government’s claims against WALGREENS. Under the settlement, WALGREENS is required to pay approximately $46.21 million to the United States and has admitted and accepted responsibility for conduct alleged in the Government’s Complaint. Further, as part of the settlement, WALGREENS will pay approximately $3.79 million to resolve the state law civil fraud claims.

Manhattan U.S. Attorney Preet Bharara said: “Recognizing that it was a violation of the Anti-Kickback Statute to enroll government beneficiaries in its discount program, Walgreens nonetheless marketed the program to government beneficiaries and incentivized its employees to enroll customers in the program, regardless of whether they were government beneficiaries. As a result, Walgreens ended up unlawfully enrolling hundreds of thousands of government beneficiaries. With today’s settlement, Walgreens is being made to pay $50 million and has admitted to its conduct.”

HHS-OIG Special Agent in Charge Scott J. Lampert said: “The sheer scope of this nationwide kickback scheme is shocking. Walgreens admits to having paid bonuses to employees for enrolling customers in its prescriptions savings program without verifying whether the customers were Medicare or Medicaid beneficiaries, despite stated company policy against enrolling such beneficiaries based on federal statutes. Today’s settlement is a message to other retailers that there will be consequences for such conduct.”

DoD-OIG Special Agent in Charge Craig Rupert said: “This settlement is evidence of the continuing efforts of the Defense Criminal Investigative Service and our law enforcement partners to identify, investigate, and prosecute significant threats to the DoD health care system. DCIS will continue to aggressively investigate allegations of fraud and abuse harmful to U.S. taxpayers and the Department of Defense.”

As alleged in the Complaint and set forth in the parties’ Settlement Agreement, both of which have been filed in Manhattan federal court:

WALGREENS launched the PSC program in 2007. Throughout the period January 2007 through December 2010, the PSC program provided members with discounts on thousands of brand-name and generic drugs, as well as a 10 percent rebate on all WALGREENS’ branded products, including household products, baby-care products, most grocery items, and non-prescription medications. WALGREENS intended these lower drug prices and other monetary benefits to be an inducement to its existing and potential customers to cause them to patronize WALGREENS for all of their pharmacy needs. WALGREENS hoped that by offering these significant benefits to its customers, it would prevent them from taking their pharmacy business to WALGREENS’ competitors.

WALGREENS recognized that allowing government beneficiaries to participate in the PSC program would violate the AKS. Specifically, WALGREENS recognized that the features of the PSC program that made it attractive to its customers generally would constitute an illegal kickback when provided to government beneficiaries, as such features would induce government beneficiaries to patronize WALGREENS for all of their prescription medication needs, including those paid for in whole or in part by government healthcare programs. Accordingly, WALGREENS consistently maintained in its published materials regarding the PSC program that government beneficiaries were ineligible to participate in the program.

Notwithstanding WALGREENS’ understanding that allowing government beneficiaries to participate in the PSC program would violate the AKS, WALGREENS consistently marketed the PSC program to government beneficiaries. WALGREENS also incentivized its employees to enroll customers in the PSC program, regardless of whether they were government beneficiaries. For example, from May 2008 through August 2010, WALGREENS paid its employees from $1 to $5 for each customer they enrolled in the PSC program. In making these incentive payments, WALGREENS did not check whether the customers who had been enrolled were government beneficiaries.

Consequently, during the period January 2007 through December 2010, WALGREENS enrolled hundreds of thousands of government beneficiaries in the PSC program. These government beneficiaries included beneficiaries of the Medicare, Medicaid and TRICARE programs. Thereafter, from January 2011 through December 2015, while WALGREENS’ internal company policy continued to preclude the enrollment of government beneficiaries in the PSC program, WALGREENS continued to enroll such beneficiaries in the program.

As part of the settlement, WALGREENS admitted, acknowledged, and accepted responsibility for the following conduct:

• During the period January 1, 2007 through December 31, 2010, WALGREENS’ published materials regarding the PSC program stated that persons receiving benefits from the Medicare and Medicaid programs were not eligible to participate in the PSC program.

   

• In October 2007, WALGREENS identified approximately 13,000 PSC program members who it had determined were beneficiaries of the Medicare and Medicaid programs, and it removed those individuals from the PSC program. In an internal news release informing its employees of this removal, WALGREENS stated that “any customer who ha[d] any type of 3rd party coverage with a Medicare or Medicaid plan was removed from the [Prescription] Savings Club database,” and that “th[is] removal was necessary to comply with State/Federal regulations.”

   

• Subsequent to October 2007 and continuing through December 31, 2010, internal WALGREENS documents reflect that its stated policy to exclude Medicare and Medicaid beneficiaries from the PSC program was based on, among other things, the prohibition on offering inducements to beneficiaries of government healthcare programs reflected in the federal AKS and corresponding state anti-kickback laws.

   

• Notwithstanding its stated policy to exclude Medicare and Medicaid beneficiaries from the PSC program, subsequent to October 2007 and continuing through December 31, 2010, WALGREENS enrolled hundreds of thousands of Medicare and Medicaid beneficiaries in the PSC program.

   

• Between November 2007 and December 31, 2010, WALGREENS also enrolled more than 10,000 TRICARE beneficiaries in the PSC program.

   

• Prior to December 31, 2010, pharmacists at WALGREENS’ stores nationwide made tens of thousands of notations in WALGREENS’ internal customer database reflecting that specific Medicare, Medicaid, and TRICARE beneficiaries had been enrolled in the PSC program and were using the PSC program to purchase some of their prescription drugs.

   

• At various times between November 2007 and December 31, 2010, WALGREENS paid its employees a bonus of between $1 and $5 for each customer they enrolled in the PSC program. When paying these bonuses, WALGREENS did not verify that the customers its employees had enrolled in the PSC program were not government beneficiaries.

   

• Prior to December 31, 2010, WALGREENS did not have effective mechanisms in place to block government beneficiaries from enrolling in the PSC program or to monitor adequately whether government beneficiaries had been allowed to enroll in the PSC program, to ensure compliance with its stated policy to exclude such beneficiaries from the PSC program. As a result, hundreds of thousands of government beneficiaries were enrolled in the PSC program.

   

• Subsequent to December 31, 2010, and continuing through December 31, 2015, WALGREENS’ internal company policy continued to preclude the enrollment of government beneficiaries in the PSC program, and WALGREENS continued to enroll such beneficiaries in the program.

   

In connection with the filing of the lawsuit and settlement, the Government joined a private whistleblower lawsuit that had previously been filed under seal pursuant to the False Claims Act.

* * *

Mr. Bharara thanked HHS’s Office of the Inspector General, DOD’s Office of the Inspector General, and the Medicaid Fraud Control Units for Illinois and New York for their investigative efforts and assistance with the case.

The case is being handled by the Office’s Civil Frauds Unit. Assistant U.S. Attorney Christopher B. Harwood is in charge of the case.

Preet Bharara, the United States Attorney for the Southern District of New York, and Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced today the filing of a criminal complaint charging ENRICO RUBANO, a/k/a “Rick Rubano,” and SHIVANAND MAHARAJ with two counts of conspiracy to commit wire fraud in connection with a false invoicing scheme that defrauded health and retirement funds (the “Funds”) of millions of dollars. As alleged, over a period of six years, RUBANO, MAHARAJ, and their co-conspirators generated hundreds of invoices for work they had not performed, which RUBANO, in his role as co-head of information technology for the Funds, approved for payment. RUBANO and MAHARAJ were arrested this morning, and will be presented before U.S. Magistrate Judge Andrew J. Peck.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, Enrico Rubano used his position as the co-head of IT for a health and retirement benefit fund to perpetrate a scheme to falsely invoice millions of dollars from the fund for consulting work never actually performed. Rubano allegedly had the fund make payments based on hundreds of fake invoices to Shivanand Maharaj’s company, not for IT work actually done by that company, but really in exchange for alleged kickback payments to Rubano. Money that should have gone to help pay retirement and health care benefits were instead allegedly diverted to Rubano and Maharaj.”

USPIS Inspector-in-Charge Philip R. Bartlett said: “These defendants devised a scheme to falsely bill their client for work that was never performed by allegedly using an ‘inside’ employee to approve bogus invoices. They went one step too far when they decided to use the US Mail to facilitate their criminal misdeeds. Postal Inspectors will resolutely pursue fraudsters who use the U.S. mail to facilitate fraud schemes.”

According to the Complaint[1]:

From 2008 through October 2015, RUBANO was the co-head of information technology for the Funds and had the authority to approve the payment of invoices from third-party vendors. Beginning in 2009, and continuing through 2015, RUBANO, MAHARAJ, and others devised a scheme in which companies they owned or controlled submitted to the Funds invoices for millions of dollars in information technology services that were never performed or that had, in fact, been performed by employees of the Funds or other vendors. RUBANO, in his position as co-head of information technology, approved these fraudulent invoices, and received kickbacks from MAHARAJ and other co-conspirators. Between 2009 and 2015, RUBANO, MAHARAJ, and their co-conspirators falsely billed and fraudulently received from the Funds at least approximately $3.4 million.

* * *

RUBANO, 48, of Tappan, New York, and MAHARAJ, 36, of Cresskill, New Jersey, were arrested this morning in Tappan, New York, and Cresskill, New Jersey, respectively. RUBANO and MAHARAJ are each charged with two counts of conspiracy to commit wire 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 any sentencing of the defendants will be determined by the judge.

Mr. Bharara praised the efforts of the USPIS in this investigation. He added that the investigation is continuing.

This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Matthew Podolsky and Jacob Warren are in charge of the prosecution.

The charges contained in the Complaint 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 Complaint and the description of the Complaint forth herein constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that STEFAN LUMIERE, a former portfolio manager at Visium Asset Management, was convicted of conspiracy to commit securities and wire fraud, securities fraud, and wire fraud in connection with a scheme to mismark securities held in a particular fund from 2011 to 2013 in order to overstate the net asset value (“NAV”) of the fund that was reported to investors on a monthly basis. LUMIERE was convicted following a six-day jury trial presided over by U.S. District Judge Jed S. Rakoff.

U.S. Attorney Preet Bharara said: “In a swift verdict, a federal jury convicted Stefan Lumiere, a former portfolio manager at Visium, of securities and wire fraud. For years, Lumiere mismarked securities in his portfolio, using sham broker quotes and fake purchase prices to vastly overstate the value of his fund. The securities Lumiere traded may have been complex, but his criminal scheme was simple: lie and make up numbers to make more money. As the verdict reflects, the jury quickly saw Lumiere’s conduct for what it was, criminal fraud.”

According to the allegations in the charging documents and statements made in court proceedings:

Visium Asset Management

At all relevant times, Visium Asset Management (“Visium”) managed hedge funds specializing in healthcare-related investments. Visium managed a credit fund (the “Credit Fund”), which operated from in or about 2009 until in or about September 2013, and invested primarily in debt instruments issued by healthcare companies.

The Scheme to Mismark Securities

From June 2011 through September 2013, LUMIERE and others participated in a scheme to defraud the Credit Fund’s investors and potential investors by deceptively mismarking each month the value of certain securities held by the Credit Fund. The objective of the scheme was two-fold: (1) to inflate the Credit Fund’s NAV; and (2) to mislead investors about the liquidity of the Credit Fund’s holdings. Visium assessed performance fees to be paid by investors each year based on the Credit Fund’s profits and losses. LUMIERE’s mismarking was in violation of Visium’s internal valuation procedures and contrary to Visium’s representations to investors. The effect of the scheme was to overstate the Credit Fund’s NAV, often by tens of millions of dollars as calculated at the end of each month to investors.

In order to carry out the scheme, LUMIERE and others solicited, obtained, and relied on false and fraudulent price quotes from employees of broker-dealers in order to improperly override prices calculated by the Credit Fund’s administrator and artificially inflate the Credit Fund’s NAV each month. For each month-end valuation, LUMIERE and others would begin by reviewing an inventory of the Credit Fund’s investments and proposed valuations for each prepared by the Credit Fund’s administrator and Visium’s back office. LUMIERE and others would then identify those relatively illiquid securities as to which they disagreed with or disliked the proposed price, and create a list reflecting the prices at which they wanted each security to be marked for month-end valuation purposes. That price was often significantly higher or lower than the price available from public price data. LUMIERE and others would then contact one or two “friendly” brokers and dictate to the friendly brokers the price quotes that they needed. The brokers would then parrot back the price quotes from their Bloomberg email account, giving the price quotes the appearance that they had come from an independent broker, and thus were in compliance with the Credit Fund’s pricing methodology. The friendly brokers’ sham quotes were then submitted to Visium’s accounting department as purportedly independent bases for that security’s valuation, for the eventual submission to the Credit Fund’s administrator.

By obtaining these sham quotes, LUMIERE and others caused a number of the Credit Fund’s securities to be misclassified in order to mislead investors about the liquidity of the securities (i.e., how actively traded the securities were). Specifically, for a number of illiquid bonds, LUMIERE and others fraudulently caused Visium to assign a classification that led investors to believe that the bonds were relatively liquid, when in fact they were entirely illiquid. This was done contrary to disclosures to investors about the Credit Fund’s percentage of illiquid investments, in order to induce investors to invest in or keep their money in the Credit Fund.

As another method to carry out the scheme, LUMIERE purchased additional quantities of certain securities – in which the Credit Fund had an established position – at a deceptively inflated price, markedly higher than the prevailing market was offering that security, in a practice known as “painting the tape.” The inflated price was then reported to Visium’s accounting department for NAV purposes. In both cases – the sham broker quotes and the inflated purchase prices – it was LUMIERE’s intent to increase the price of certain securities in order to inflate the Credit Fund’s month-end valuation.

* * *

LUMIERE, 46, of New York, New York, was convicted of one count of conspiracy to commit securities fraud and wire fraud, which carries a maximum sentence of five years in prison; one count of securities fraud, which carries a maximum sentence of 20 years in prison; and one count of wire fraud, which also carries a maximum sentence of 20 years in prison. The charges also carry a maximum fine of $5 million, or twice the gross gain or loss from the offense.

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. Bharara praised the work of the FBI, and thanked the SEC for its assistance.

This case was brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.

The case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Ian McGinley, Damian Williams, and Joshua A. Naftalis are in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that JASON GALANIS pled guilty today to defrauding a Native American tribal entity and the investing public of tens of millions of dollars in connection with the issuance of bonds by the tribal entity. GALANIS pled guilty to conspiracy to commit securities fraud, securities fraud, and conspiracy to commit investment adviser fraud before U.S. District Judge Ronnie Abrams.

U.S. Attorney Preet Bharara said: “As Jason Galanis admitted today in his guilty plea, he and his co-conspirators cheated their tribal clients by urging them to issue bonds, and then siphoning off the proceeds for their own personal use. The defendants then sold these bonds to unwitting investors, resulting in tens of millions of dollars in losses.”

According to the allegations contained in the Indictment filed against JASON GALANIS and his co-conspirators and statements made in related court filings and proceedings[1]:

From March 2014 through April 2016, JASON GALANIS, along with his co-conspirators Gary Hirst, John Galanis, a/k/a “Yanni,” Hugh Dunkerley, Michelle Morton, Devon Archer, and Bevan Cooney, engaged in a fraudulent scheme to misappropriate the proceeds of bonds issued by the Wakpamni Lake Community Corporation (“WLCC”), a Native American tribal entity (the “Tribal Bonds”), and to use funds in the accounts of clients of asset management firms controlled by JASON GALANIS and his co-defendants to purchase the Tribal Bonds, which the clients were then unable to redeem or sell because the bonds were illiquid and lacked a ready secondary market.

Documents governing the Tribal Bonds specified that an investment manager would invest the proceeds of the Tribal Bonds in investments that would generate annuity payments sufficient to pay interest on the Tribal Bonds and provide funds to the WLCC to be used for tribal economic development purposes. In fact, none of the proceeds of the Tribal Bonds were turned over to the investment manager specified in the closing documents. Instead, significant portions of the proceeds were misappropriated by JASON GALANIS and his co-defendants for their own personal use.

Specifically, the proceeds of the Tribal Bonds were deposited into a bank account in the name of Wealth Assurance Private Client Corporation (“WAPCC”), an entity controlled by Dunkerley and Hirst. Dunkerley transferred more than $38 million from the WAPCC account to an account controlled by JASON GALANIS, who then misappropriated more than $8.5 million of the proceeds for his personal use, including for expenses associated with his home, jewelry and clothing purchases, travel and entertainment, and restaurant meals.

There was no ready secondary market for the Tribal Bonds. Nonetheless, without prior notice to their clients, Morton and Hirst, acting at the direction of JASON GALANIS, used funds belonging to clients of two related investment advisers, Hughes Capital Management, Inc. (“Hughes”) and Atlantic Asset Management, LLC (“Atlantic”) to purchase the Tribal Bonds, even though JASON GALANIS, Hirst, and Morton were well aware that material facts about the Tribal Bonds had been withheld from clients in whose accounts they were placed, including the fact that the Tribal Bond purchases fell outside the investment parameters set forth in the investment advisory contracts of certain Hughes clients and of the Atlantic pooled investment vehicle in which the Tribal Bonds were purchased. When Hughes and Atlantic clients learned about the purchase of the Tribal Bonds in their accounts, several of them demanded that the Tribal Bonds be sold. However, because there was no ready secondary market for the Tribal Bonds, no Tribal Bonds have been sold from any Hughes or Atlantic client accounts. In addition, JASON GALANIS and his co-defendants failed to apprise clients of Hughes and Atlantic regarding substantial conflicts of interest with respect to the issuance and placement of the Tribal Bonds before the Tribal Bonds were purchased on these clients’ behalf.

In addition, a portion of the misappropriated proceeds was recycled and provided by JASON GALANIS to entities affiliated with Archer and Cooney in order to enable Archer and Cooney to purchase subsequent Tribal Bonds issued by the WLCC. As a result of the use of recycled proceeds to purchase additional issuances of Tribal Bonds, the face amount of Tribal Bonds outstanding increased and the amount of interest payable by the WLCC increased, but the actual bond proceeds available for investment on behalf of the WLCC did not increase.

* * *

JASON GALANIS, 46, of Los Angeles, California, pled guilty to one count of conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense; one count of securities fraud, which carries a maximum sentence of 20 years in prison and a maximum fine of $5,000,000 or twice the gross gain or loss from the offense; and one count of conspiracy to commit investment advisor fraud, which carries a maximum sentence of five years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. Sentencing before Judge Abrams has been scheduled for May 5, 2017.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentence for the defendant will be determined by the judge.

The guilty pleas in this matter represent JASON GALANIS’s second conviction in this District in the past year. On July 21, 2016, JASON GALANIS pled guilty before the Honorable P. Kevin Castel to manipulating the market for Gerova Financial Group, Ltd. (“Gerova”), a publicly traded company listed on the New York Stock Exchange, and to defrauding the shareholders of that company. JASON GALANIS is scheduled to be sentenced on February 15, 2017, in connection with his guilty plea in the Gerova matter.

Mr. Bharara praised the work of the U.S. Postal Inspection Service and the Federal Bureau of Investigation, and thanked the SEC.

The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Brian Blais, Aimee Hector, and Rebecca Mermelstein are in charge of the prosecution.

[1] As for the defendants who have not pled guilty (Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, and Bevan Cooney) the description of the charges set forth herein constitute only allegations.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has filed a federal civil rights lawsuit against EQUITY RESIDENTIAL and its affiliate ERP OPERATING L.P. (together, “EQUITY RESIDENTIAL”) to require them to remedy conditions at 170 Amsterdam Avenue, a large rental complex in Manhattan that was completed in 2015, to make the building accessible to people with disabilities and to ensure that EQUITY RESIDENTIAL will take steps to make accessible the multiple rental complexes that it is currently developing.

Manhattan U.S. Attorney Preet Bharara said: “With today’s lawsuit, we seek to ensure that a national developer, Equity Residential, not only will fix the inaccessible conditions at 170 Amsterdam Avenue, but also do what is necessary to ensure accessibility at its ongoing construction projects. This is one of more than a dozen suits this Office has brought in recent years to fulfill the Fair Housing Act’s promise of accessibility for people with disabilities.”

The Fair Housing Act’s (“FHA”) accessible design and construction provisions require multifamily housing complexes constructed after January 1991 to have basic features accessible to persons with disabilities. According to the allegations in the Complaint, EQUITY RESIDENTIAL has engaged in a pattern and practice of FHA violations by designing and constructing numerous rental buildings that contain inaccessible conditions, including 170 Amsterdam Avenue as well as earlier constructions like the 1210 Mass Apartments in Washington, D.C., and The Veridian in Silver Spring, Maryland.

According to the Complaint filed today in Manhattan, in 2015, EQUITY RESIDENTIAL designed and constructed 170 Amsterdam Avenue, a 236-unit rental complex on the upper west side of Manhattan, with inaccessible conditions similar to those present at the 1210 Mass Apartments and The Veridian. As alleged, the inaccessible conditions at 170 Amsterdam Avenue include excessively high thresholds from individual apartments to private gardens, insufficiently wide doorways within individual apartments, and insufficient clear width at the entrance to the on-site fitness center. The Complaint also alleges that EQUITY RESIDENTIAL currently is actively involved in designing and constructing several other rental buildings, including in San Francisco, Washington, D.C., and Seattle.

In the Complaint, the United States seeks a court order requiring EQUITY RESIDENTIAL to make appropriate retrofits at 170 Amsterdam Avenue and to take steps necessary to ensure that the rental buildings EQUITY RESIDENTIAL is currently developing will be designed and constructed in compliance with the FHA’s accessibility requirements.

EQUITY RESIDENTIAL was previously sued in 2006, in Maryland, for not complying with the FHA in constructing rental buildings like the 1210 Mass Apartments and The Veridian. In March 2016, the court presiding over the Maryland lawsuit issued a decision finding that EQUITY RESIDENTIAL had violated the FHA’s accessibility requirements in constructing seven rental buildings, including the 1210 Mass Apartments and The Veridian. In December 2016, EQUITY RESIDENTIAL settled the Maryland lawsuit and agreed to remedy inaccessible conditions at the 1210 Mass Apartments and The Veridian and the other five rental buildings. However, the settlement of the Maryland lawsuit did not address the lack of accessible features at 170 Amsterdam Avenue, which was designed and constructed even while the Maryland suit was pending.

The case is being handled by the Office’s Civil Rights Unit. Assistant U.S. Attorneys Li Yu, Jacob Lillywhite, Jessica Jean Hu, and Natasha Teleanu are in charge of the case.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that HAENA PARK pled guilty in Manhattan federal court today to commodities fraud. The charge relates to PARK’s scheme to defraud more than 40 individual investors out of more than $23 million. PARK solicited investments for the purpose of trading in a variety of securities and commodities, including off-exchange foreign currency contracts, through the use of false and misleading statements about, among other things, her historical trading performance. PARK was arrested on June 2, 2016, in Manhattan, New York, and pled guilty today before United States District Judge Ronnie Abrams.

U.S. Attorney Preet Bharara said: “Through her guilty plea today, Haena Park has admitted to commodities fraud, lying about her rates of return and trading expertise to lure prospective investors to her fund and then losing almost all of the $23 million she raised through her lies. To keep her fraud scheme alive, Park sent fake account statements to her investors and used new investor money to pay back old ones.”

According to the Indictment and statements made at today’s plea hearing:

From September 2009 through June 2016, PARK raised more than $23 million from more than 40 individual investors, purportedly for the purpose of trading in a variety of securities and commodities, including equities, futures, and off-exchange foreign currency (“forex”) transactions, through the use of her firms, Phaetra Capital Management LP and Argenta Group, LLC. In connection with the scheme, PARK made a series of false and misleading representations to investors, including that PARK was an accomplished forex trading adviser earning annualized returns as high as 48.9 percent for her investors. In truth and in fact, PARK was not an accomplished forex trader, her trading was consistently unsuccessful, and the trading results emailed to investors by PARK were false and did not reflect the trading losses actually incurred by PARK. Rather, from September 2009 through June 2016, PARK lost approximately $19.5 million of the $20 million that she traded, including in commissions and fees, principally in highly leveraged futures and forex transactions.

To prevent or forestall redemptions by investors, and to continue to raise money from investors to fund her scheme, PARK generated fictitious account statements, which she sent to investors on a monthly basis. Instead of accurately reporting the trading losses PARK was suffering, the account statements indicated that the investors were making money nearly every month. To hide her trading losses, PARK used new investor funds to pay back other investors in a Ponzi-like fashion. In total, PARK distributed approximately $3 million back to investors from funds deposited by new investors.

* * *

PARK, 41, of Manhattan, New York, faces a maximum sentence of 10 years in prison and a maximum fine of $1 million, or twice the gross gain or loss from the offense. 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. PARK is scheduled to be sentenced by Judge Abrams on April 28, 2017, at 2:30 p.m.

Mr. Bharara praised the work of the Department of Homeland Security, Homeland Security Investigations and the El Dorado Task Force. He also thanked the Commodity Futures Trading Commission and the Securities and Exchange Commission for their assistance.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Christine I. Magdo is in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has settled a federal civil rights lawsuit against SILVERSTEIN PROPERTIES, INC. (“SILVERSTEIN PROPERTIES”) and two of its affiliates, River Place I, LLC and River Place II Holding, LLC, by consent decree. Under the settlement, SILVERSTEIN PROPERTIES has agreed to make retrofits at two large rental complexes in Manhattan – One River Place and Silver Towers – to make them more accessible to individuals with disabilities. SILVERSTEIN PROPERTIES also has agreed to inspect a third rental complex in Manhattan, One Freedom Place, and, where necessary, make retrofits at that building as well. Additionally, SILVERSTEIN PROPERTIES must establish procedures to ensure that its ongoing and future development projects will comply with the accessibility requirements of the federal Fair Housing Act (“FHA”). Finally, SILVERSTEIN PROPERTIES has agreed to provide up to $960,000 to compensate aggrieved persons and pay a civil penalty of $50,000. The consent decree was approved yesterday by U.S. District Judge Vernon Broderick.

Manhattan U.S. Attorney Preet Bharara said: “This lawsuit demonstrates our commitment to fulfilling for all New Yorkers the promise of the Fair Housing Act — that people with disabilities have the same access to housing as everyone else. Today’s settlement requires Silverstein Properties to adopt procedures to ensure accessibility at its current and future development projects, making retrofits at buildings that it has already developed, and compensating aggrieved parties.”

The FHA’s accessible design and construction provisions require new multifamily housing complexes constructed after January 1993 to have basic features accessible to persons with disabilities. According to the allegations in the Complaint, One River Place and Silver Towers, two rental complexes located in Manhattan that together contain more than 2,200 rental units, were designed and constructed with numerous inaccessible features, including excessively high thresholds interfering with accessible routes in the public and common areas as well as into and within individual units, insufficient spaces in bathrooms and kitchens for people in wheelchairs, and bathroom configurations preventing installation of grab bars. The inaccessible conditions at One River Place were first brought to the attention of the United States Attorney’s Office by testing performed by the Fair Housing Justice Center.

Under the settlement, SILVERSTEIN PROPERTIES agrees to make extensive retrofits at One River Place and Silver Towers to make them accessible. SILVERSTEIN PROPERTIES also agrees to arrange for inspection of a third rental complex in Manhattan, One Freedom Place, and, where necessary, to make retrofits at that property as well. Together, the three properties contain more than 2,400 rental apartments.

The settlement also requires SILVERSTEIN PROPERTIES to establish procedures to ensure FHA compliance at its ongoing and future development projects. These include retaining an FHA compliance consultant to ensure that each residential building developed by SILVERSTEIN PROPERTIES will, as constructed, comply with the FHA’s accessibility requirements. The FHA consultant also will conduct a site visit to identify non-compliant conditions and recommend appropriate solutions prior to the completion of construction. In addition, SILVERSTEIN PROPERTIES agrees to institute policies and training to ensure that its employees and agents will comply with the FHA’s accessibility requirements.

Finally, the settlement requires SILVERSTEIN PROPERTIES to provide up to $960,000 to compensate aggrieved persons. SILVERSTEIN PROPERTIES also agrees to pay a civil penalty of $50,000.

The government’s lawsuit also asserts claims against the architect of One River Place and Silver Towers, COSTAS KONDYLIS & PARTNERS, LLP. Those claims remain pending.

Aggrieved individuals may be entitled to monetary compensation from the fund created through today’s settlement. Aggrieved individuals may include those who were:

• Injured by a lack of accessible features at One River Place, Silver Towers, or One Freedom Place;

• Discouraged from living at One River Place, Silver Towers, or One Freedom Place because of the lack of accessible features;

• Required to pay to have an apartment at One River Place, Silver Towers, or One Freedom Place made accessible;

• Prevented from having visitors because of a lack of accessible features at One River Place, Silver Towers, or One Freedom Place; or

• Otherwise injured or discriminated against on the basis of disability due to the design or construction of One River Place, Silver Towers, or One Freedom Place.

People who may be entitled to compensation should file a claim by contacting the Civil Rights Complaint Line at (212) 637-0840, using the Civil Rights Complaint Form available on the United States Attorney’s Office’s website http://www.justice.gov/usao/nys/civilrights.html, or by sending a written claim to:

U.S. Attorney’s Office, Southern District of New York

86 Chambers Street, 3rd Floor

New York, New York 10007

Attention: Chief, Civil Rights Unit

The case is being handled by the Office’s Civil Rights Unit. Assistant U.S. Attorneys Li Yu, Jacob Lillywhite, Jessica Jean Hu, and Natasha W. Teleanu are in charge of the case.

Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Dennis Rosen, Inspector General of the New York State Office of the Medicaid Inspector General (“OMIG”), announced the unsealing today of a superseding indictment charging physicians MUSTAK Y. VAID, PAUL J. MATHIEU, and EWALD J. ANTOINE, as well as health-care executives MARINA BURMAN, ASHER OLEG KATAEV, a/k/a “Oleg Kataev,” and ALLA TSIRLIN with operating a $33 million health care fraud scheme through the operation of eight fraudulent medical clinics in Brooklyn, as well as the operation of related suppliers of medical equipment, tests, and services. As part of the fraud scheme, the defendants’ co-conspirators paid cash kickbacks to elderly and financially disadvantaged patients (the “Paid Patients”) who were insured by Medicare and/or Medicaid, and the defendants and their co-conspirators then billed Medicare and Medicaid for unnecessary medical services, tests, and supplies related to the Paid Patients.

VAID was previously indicted and arrested on these charges in November 2016. MATHIEU, ANTOINE, BURMAN, KATAEVE, and TSIRLIN were arrested earlier today and presented and arraigned this afternoon before U.S. Magistrate Judge Kevin Nathaniel Fox. The case is assigned to U.S. District Judge Lorna G. Schofield.

U.S. Attorney Preet Bharara said: “These defendants allegedly operated fraudulent medical clinics and suppliers in a scheme that bilked Medicare and Medicaid out of more than $30 million. As alleged, three of the defendants were doctors who, in violation of their Hippocratic oath, signed medical charts for patients they never treated and prescribed unnecessary medications, procedures, and supplies. Medicare and Medicaid were established to assist the elderly and economically disadvantaged, not to serve as cash cows for allegedly corrupt professionals.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “In this case, as alleged, Medicare and Medicaid programs suffered millions of dollars in losses when a group of physicians and health-care executives created, operated, or became associated with eight fraudulent medical clinics. As charged, their litany of crimes included paying a series of kickbacks, writing scripts for unnecessary medical tests, and arranging transportation services for patients who didn’t need a ride. Today’s charges certainly won’t prove to be a cure for all ills, but they are a step in the right direction when it comes to confronting the threats faced by the health care system.”

Medicaid Inspector General Dennis Rosen said: “This joint investigation and today's arrests send an unmistakable message. Those who seek personal gain by preying upon vulnerable New Yorkers and exploiting the Medicaid program will be held fully accountable. My office will continue to work closely with our partners in the U.S. Attorney’s Office, FBI and other state and federal agencies to root out fraud, waste and abuse in the Medicaid program.”

As alleged in the Indictment unsealed today and according to statements made in Court today: [1]

Aleksandr Burman, an individual with no medical license, established eight medical clinics in Brooklyn (the “Related Clinics”), which operated between 2007 and 2013. For each clinic, Aleksandr Burman hired one of three doctors – VAID, MATHIEU, or ANTOINE – to pose as the nominal owner of the clinic, since New York State law requires that a professional services corporation providing medical care must be owned by a medical professional. In fact, however, VAID, MATHIEU, and ANTOINE were each simply hired by Aleksandr Burman to pose as the owner of one or more of the clinics, and to come to the clinic periodically, in order to sign medical charts falsely stating that the doctor had examined a number of Paid Patients. VAID posed as the owner of one such clinic, while MATHIEU posed as the owner of four others, and ANTOINE posed as the owner of the remaining three. The three doctors were also paid to provide a large number of prescriptions and referrals for medically unnecessary supplies. Such unnecessary prescriptions included referrals for more than $3.5 million worth of durable medical equipment (“DME”), consisting mostly of incontinence supplies such as adult diaper sets ordered from a DME supply company (“USD”) owned jointly by BURMAN and Aleksandr Burman of the Related Clinics.

Many of the Paid Patients who received such prescriptions and referrals did not need or receive the diapers and other supplies. Instead, BURMAN and USD arranged for the Paid Patients to exchange their diaper prescriptions for valuable merchandise, such as bed linens, tablecloths, dishes, kitchen appliances, and other housewares. BURMAN and USD nonetheless filed Medicaid claims for such DME, seeking more than $3.5 million in reimbursement. BURMAN also transported cash to the Related Clinics to be used to pay kickbacks to the Paid Patients.

VAID, MATHIEU, ANTOINE, and their co-conspirators also provided medical referrals for transportation services to hundreds of Paid Patients, even though such transportation was not medically necessary. This practice generated more than $4 million in losses to Medicaid. In addition, VAID, MATHIEU, and ANTOINE provided referrals and prescriptions for medically unnecessary diagnostic tests, including MRIs, as well as prescriptions for medications such as expensive ointment compounds. The defendants and their co-conspirators then sent such medical referrals to specific medical testing companies, which in turn provided kickbacks to Aleksandr Burman.

In 2012, KATAEV and TSIRLIN became business partners of Aleksandr Burman, and operated as the managers of two of the Related Clinics. Their activity as managers included paying cash kickbacks directly to Paid Patients, and employing MATHIEU and ANTIONE to pose as the owners of the two clinics.

In or about March 2016, Aleksandr Burman pled guilty for his role in these offenses. He is scheduled to be sentenced on February 15, 2017, before the Honorable Paul G. Gardephe.

* * *

VAID, 43, of Brownstown Township, Michigan, MATHIEU, 51, of Morristown, New Jersey, ANTOINE, 66, of Valley Stream, New York, BURMAN, 54, of Manhattan, KATAEV, 48, of Staten Island, and TSIRLIN, 46, of Brooklyn, are all charged with: (1) conspiring to commit health care fraud, mail fraud, and wire fraud, which carries a maximum sentence of 20 years in prison; (2) the substantive offenses of mail fraud and wire fraud, each of which carries a maximum sentence of 20 years in prison; (3) the substantive offense of health care fraud, which carries a maximum sentence of 10 years in prison; and (4) conspiring to make false statements relating to a federal health care program, which carries a maximum penalty of five years in prison. BURMAN, KATAEV, and TSIRLIN are also charged with conspiring to violate the Anti-Kickback Statute, which has a maximum penalty of five years in prison.

The statutory maximum sentences are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
 

Mr. Bharara praised the investigative work of the New York FBI’s Health Care Fraud Task Force.

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney David Raymond Lewis 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.

[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.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that STEVEN MCCLATCHEY, a director at an investment bank in Manhattan (the “Investment Bank”), was sentenced today to five months in prison on securities fraud and wire fraud charges in connection with his provision of inside information used to trade in the stock of several companies. MCCLATCHEY pled guilty on July 12, 2016, and was sentenced today by United States District Judge Katherine Polk Failla.

According to the Complaint, Information, and statements made during court proceedings:

From in or about February 2014 through in or about September 2015, MCCLATCHEY and Gary Pusey participated in a scheme to commit insider trading in advance of and in connection with more than 10 separate mergers and acquisitions. MCCLATCHEY and Pusey were close friends who owned boats docked in a Long Island marina and who spent most Saturdays on their boats, at the marina, or playing pool and watching sports in MCCLATCHEY’s garage.

MCCLATCHEY learned about the deals as part of his employment with the Investment Bank, which generally advised either (i) the company to be acquired in the transaction; (ii) the acquiring company; or (iii) a company that ultimately lost a bid to acquire the company involved in the transaction.

Having learned the inside information about these impending transactions, MCCLATCHEY, in breach of fiduciary duties and other duties of trust and confidence owed to the Investment Bank and its clients, tipped Pusey so that Pusey could use the information to trade and with the expectation that Pusey would confer a benefit upon MCCLATCHEY. Among the benefits that MCCLATCHEY received as part of the insider trading scheme were thousands of dollars of cash payments by Pusey and the provision of home renovation services.

Pusey used the Inside Information that he received from MCCLATCHEY to make profitable trades in, among other securities: Forest Oil Corporation, Questcor Pharmaceuticals, Inc., Zygo Corporation, Pepco Holdings, Inc., Measurement Specialties, Inc., Entropic Communications, Inc., PetSmart, Inc., Emulex Corporation, Omnicare, Inc., and TECO Energy, Inc. Pusey reaped approximately $76,000 in ill-gotten gains from this scheme.

* * *

In addition to the prison sentence, MCCLATCHEY, 58, was sentenced to two years of supervised release. The Court further ordered that MCCLATCHEY forfeit $76,000 and pay a fine of $10,000.

Mr. Bharara praised the work of the Federal Bureau of Investigation, and thanked the U.S. Securities Exchange Commission for its assistance.

The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Rebecca Mermelstein is in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, and Kathy A. Enstrom, Acting Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigations (“IRS-CI”), announced that FLOR SOTO, an associate of K&S Tax Solution, Inc. (“K&S”), was sentenced today to 87 months in prison by the United States District Judge Kimba M. Wood. Soto had previously pled guilty to theft of public funds in connection with her participation in a lucrative scheme to file fraudulent and false tax returns, so as to receive tax refunds in the form of checks and wire transfers. Together with others at K&S, SOTO successfully stole over $24 million in tax refunds by submitting false tax returns using stolen identities, most of which had been stolen from residents of Puerto Rico. To date, 14 employees and associates of K&S, in addition to SOTO, have been convicted in connection with this scheme.

Manhattan U.S. Attorney Preet Bharara said: “Flor Soto and her co-defendants stole an astounding $24 million in tax refunds from the U.S. Treasury, using stolen identities to file false tax returns. Thanks to the hard work of the investigators at the IRS-CI and the prosecutors in this Office, 14 defendants charged with this audacious scheme have been held to account.”

IRS-CI Acting Special Agent in Charge Kathy A. Enstrom said: “Stealing identities and filing false tax returns is a serious crime that hurts innocent taxpayers as well as defrauding the government and the American taxpayers. Individuals like Flor Soto who commit identity theft and refund fraud of this magnitude will be held accountable and deserve to be punished to the fullest extent of the law.”

According to the Superseding Indictment, other documents filed in Manhattan federal court, statements made at sentencing and related court proceedings, and as established at the trial of SOTO’s co-conspirator Eliana Sarmiento, who was convicted on September 23, 2016:

Between 2008 and February 2013, SOTO and others at K&S perpetuated a large-scale fraud upon the IRS and the United States Treasury, through the filing of fraudulent and false tax returns, so as to receive tax refunds in the form of checks and wire transfers. Certain employees and associates of K&S obtained electronic filing identification numbers, or EFINs, for the purpose of filing hundreds of electronic tax returns. Those EFINs were obtained under the names and Social Security Numbers (“SSNs”) of the victims of the defendants’ identity theft scheme. SOTO and her co-conspirators used those EFINs to file tax returns bearing the names and SSNs of still more victims of identity theft. Finally, SOTO and employees of K&S used the stolen identities of children as false “dependents” on the tax returns of certain clients of K&S. SOTO acted as a recruiter of other scheme participants and a primary source of stolen identities.

In these ways, SOTO and others at K&S obtained millions of dollars from the U.S. Treasury. To date, and based on a subset of EFINs associated with SOTO and her co-conspirators at K&S, the IRS has identified $281,348,627 in attempted fraudulent returns.

* * *

In addition to the prison sentence, SOTO, 53, of Brooklyn, New York, was sentenced to three years of supervised release. Judge Wood also ordered SOTO to forfeit $24,719,724 in ill-gotten gains.

Mr. Bharara praised the IRS-CI for its work in the investigation. Mr. Bharara also expressed his appreciation to the United States Secret Service for its assistance in the investigation.

This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Eun Young Choi and Andrew C. Adams are in charge of the prosecution.

Court documents were unsealed today charging four individuals for their roles in a scheme to pay $2.5 million in bribes to facilitate the $800 million sale of a commercial building in Vietnam to a Middle Eastern sovereign wealth fund.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Preet Bharara of the Southern District of New York and Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office made the announcement.

“This alleged conduct proves the adage that there is truly no honor among thieves,” said Assistant Attorney General Caldwell. “The indictment alleges that two defendants wanted to bribe a government official; instead they were defrauded by their co-defendant. Today’s charges are another example of the Criminal Division’s commitment to rooting out all manner of corruption.”

“The father-son defendants, Ban Ki Sang and Joo Hyun Bahn, allegedly conspired to bribe a foreign official to close an $800 million deal for a 72-story skyscraper in Vietnam, a deal that would have led to a multimillion-dollar commission for the Manhattan real estate broker son and much needed capital for the father’s construction company in Korea,” said U.S. Attorney Bharara. “But these alleged schemers were themselves double-crossed, as the man who purportedly set up the bribery scheme, Malcolm Harris, took the bribe money and pocketed it. This alleged bribery and fraud scheme offends all who believe in honest and transparent business, and it stands as a reminder that those who bring international corruption to New York City, as alleged here, will face the scrutiny of American law enforcement.”

“When Ban, a senior executive at Landmark 72, realized the debts owed to his company’s creditors were mounting, he sought the support of his son Bahn, a broker for a real estate firm in Manhattan,” said Assistant Director in Charge Sweeney. “The plan was for Bahn to secure an investor for Landmark 72, and the brokerage agreement they entered into would ultimately secure Bahn a lucrative profit. But instead of lawfully obtaining financing for the deal, they allegedly entered into an illegal agreement with Harris to bribe a foreign official into purchasing the property. In the end, they were hoodwinked by their very own criminal activity.”

Joo Hyun Bahn, aka Dennis Bahn, 38, of Tenafly, New Jersey, and his father, Ban Ki Sang (Ban), 69, of Seoul, South Korea, are each charged with one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), three counts of violating the FCPA, one count of conspiracy to commit money laundering and one count of money laundering. In addition, Bahn and Malcolm Harris, 52, of New York City, are each charged with one count of wire fraud, one count of conducting monetary transactions in illegal funds and aggravated identity theft. San Woo, aka John Woo, 35, of Edgewater, New Jersey, was charged separately by complaint with one count of conspiracy to violate the FCPA. Bahn was arrested in Tenafly earlier this morning, and Woo was arrested at JFK Airport. Bahn and Woo are expected to be presented later today before U.S. Magistrate Judge Kevin Nathaniel Fox of the Southern District of New York. Ban and Harris remain at large. 

According to the indictment and the complaint, from in or about March 2013 through in or about May 2015, Ban was a senior executive at Keangnam Enterprises Co. Ltd. (Keangnam), a South Korean construction company that built and owned Landmark 72, a building complex in Hanoi, Vietnam. In early 2013, Keangnam was experiencing a liquidity crisis; the debts owed to the company’s creditors were maturing and Keangnam needed to raise capital. Ban allegedly convinced Keangnam to hire his son Bahn to secure an investor for Landmark 72. Thereafter, Keangnam entered into an exclusive brokerage agreement with Bahn, who worked as a broker at a commercial real estate firm in New York City, and his firm. Pursuant to the agreement, Bahn stood to earn a multimillion-dollar commission from Keangnam if he was successful in securing an investor.

Instead of obtaining financing through legitimate channels, Bahn and Ban allegedly conspired to pay bribes to a foreign official of a Middle Eastern country, in order to induce the official to use his influence to convince his country’s sovereign wealth fund to acquire Landmark 72 for approximately $800 million. Harris, who held himself out as an agent of the foreign official despite not actually having such a relationship, allegedly deceived Bahn and Ban by sending numerous emails that were purportedly sent by the foreign official. According to the indictment, in or about April 2014, Bahn and Ban agreed to pay, through Harris, $2.5 million in bribes to the official, including $500,000 upfront and $2 million upon the close of the sale of Landmark 72. Woo helped Bahn and Ban obtain the $500,000 that was used as the upfront bribe payment. Bahn and Ban arranged the transfer of the $500,000 to Harris for him to pay to the foreign official, unaware that Harris did not have the relationship he claimed with the foreign official. Instead, Harris stole the $500,000, spending the money on lavish personal expenses, including rent for a luxury penthouse apartment in Williamsburg, Brooklyn.

According to the indictment, over the course of 2014 and 2015, Keangnam’s liquidity crisis worsened. Believing that the planned bribery would result in the sale of Landmark 72, and not wanting to lose his commission, Bahn allegedly engaged in a fraudulent scheme to trick Keangnam and its creditors into believing the sovereign wealth fund was close to acquiring Landmark 72. In furtherance of the fraudulent scheme, Bahn repeatedly lied to Keangnam and its creditors about the status of the Landmark 72 deal, knowing that Keangnam and its creditors would rely upon the misrepresentations. In addition, Bahn forged emails from the foreign official and other documents to make the sale of Landmark 72 to the sovereign wealth fund appear imminent to Keangnam and its creditors. Ultimately, when the sale of Landmark 72 to the sovereign wealth fund failed to materialize, Keangnam was forced to enter court receivership in South Korea. Bahn is also alleged to have stolen approximately $225,000 of the $500,000 that Keangnam had advanced Bahn’s firm to cover brokerage expenses.

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

FBI’s New York Field Office International Corruption Squad investigated the case. The Department of Justice’s Office of International Affairs is providing assistance in this investigation. Trial Attorney Dennis R. Kihm of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Daniel Noble of the Southern District of New York’s Complex Frauds and Cybercrime Unit are prosecuting the case.

The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

Preet Bharara, the United States Attorney for the Southern District of New York, Leslie R. Caldwell, Assistant Attorney General of the Criminal Division of the U.S. Department of Justice, Stephen Richardson, Assistant Director of the Criminal Investigative Division of the Federal Bureau of Investigation (“FBI”), and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the FBI, announced the unsealing of an Indictment charging JOO HYUN BAHN, a/k/a “Dennis Bahn” (“BAHN”), BAN KI SANG (“BAN”), and MALCOLM HARRIS (“HARRIS”) with violations of the Foreign Corrupt Practices Act (“FCPA”), money laundering, wire fraud, and aggravated identity theft, and the filing of a Complaint charging SANG WOO, a/k/a “John Woo,” with conspiracy to violate the FCPA. The defendants are charged with federal crimes arising out of a corrupt scheme to pay $2.5 million in bribes to a foreign official (“Foreign Official-1”) of a country in the Middle East (“Country-1”) in order to facilitate the sale by South Korean construction company Keangnam Enterprises Co., Ltd. (“Keangnam”) of a 72-story commercial building known as Landmark 72 in Hanoi, Vietnam, to Country-1’s sovereign wealth fund (the “Fund”) for $800 million.

Manhattan U.S. Attorney Preet Bharara said: “The father-son defendants, Ban Ki Sang and Joo Hyun Bahn, allegedly conspired to bribe a foreign official to close an $800 million deal for a 72-story skyscraper in Vietnam, a deal that would have led to a multimillion-dollar commission for the Manhattan real estate broker son and much needed capital for the father’s construction company in Korea. But these alleged schemers were themselves double-crossed, as the man who purportedly set up the bribery scheme, Malcolm Harris, took the bribe money and pocketed it. This alleged bribery and fraud scheme offends all who believe in honest and transparent business, and it stands as a reminder that those who bring international corruption to New York City, as alleged here, will face the scrutiny of American law enforcement.”

Assistant Attorney General Leslie R. Caldwell said: “This alleged conduct proves the adage that there is truly no honor among thieves. The indictment alleges that two defendants wanted to bribe a government official; instead they were defrauded by their co-defendant. Today’s charges are another example of the Criminal Division’s commitment to rooting out all manner of corruption.”

FBI Assistant Director Stephen Richardson said: “Accepting and offering bribes seriously threatens the integrity of a fair and competitive economic system here in the United States and abroad. This case is a testament to the commitment by the FBI and our dedicated International Corruption Squads to combatting foreign corruption that reaches our shores, and these arrests send a strong message that we will not relent in our efforts to uphold the law and hold everyone accountable to play by the same, fair rules.”

FBI Assistant Director William F. Sweeney Jr. said: “When Ban, a senior executive at Keangnam, realized the debts owed to his company’s creditors were mounting, he sought the support of his son Bahn, a broker for a real estate firm in Manhattan. The plan was for Bahn to secure an investor for Landmark 72, and the brokerage agreement they entered into would ultimately secure Bahn a lucrative profit. But instead of lawfully obtaining financing for the deal, they allegedly entered into an illegal agreement with Harris to bribe a foreign official into purchasing the property. In the end, they were hoodwinked by their very own criminal activity.”

According to the allegations contained in the Indictment and the Complaint[1]:

From in or about March 2013 through in or about May 2015, BAHN and his father BAN engaged in an international conspiracy to bribe Foreign Official-1 in connection with the attempted $800 million sale of a building complex in Hanoi, Vietnam, known as Landmark 72. During this time, BAN was a senior executive at Keangnam, a South Korean construction company that built and owned Landmark 72. In early 2013, Keangnam was experiencing a liquidity crisis. The debts owed to Keangnam’s creditors were maturing and the company needed to raise capital. BAN convinced Keangnam to hire his son BAHN, who worked as a broker at a commercial real estate firm in Manhattan, to secure an investor for Landmark 72. Thereafter, Keangnam entered into an exclusive brokerage agreement with BAHN and his firm. If BAHN were successful, he stood to earn a multimillion-dollar commission from Keangnam.

Instead of obtaining financing through legitimate channels, BAHN and BAN engaged in a corrupt scheme to pay bribes to Foreign Official-1, through HARRIS, who held himself out as an agent of Foreign Official-1, to induce Foreign Official-1 to use his influence to convince the Fund to acquire Landmark 72 for approximately $800 million. HARRIS sent BAHN numerous emails purportedly sent by Foreign Official-1 and bearing Foreign Official-1’s name. In or about April 2014, following communications with HARRIS, BAHN and BAN agreed to pay, through HARRIS, a $500,000 upfront bribe and a $2,000,000 bribe upon the close of the sale of Landmark 72 to Foreign Official-1 on behalf of Keangnam. WOO helped BAHN and BAN obtain the $500,000 that was ultimately used to pay the attempted upfront bribe. Unbeknownst to BAHN or BAN, however, HARRIS did not have the claimed relationship with Foreign Official-1 and did not intend to pay the bribe money to Foreign Official-1. Instead, HARRIS simply stole the $500,000 upfront bribe arranged by BAHN and BAN, which HARRIS then spent on lavish personal expenses, including rent for a luxury penthouse apartment in Williamsburg, Brooklyn.

Over approximately the next year, as the Landmark 72 deal showed no signs of actual progress, Keangnam’s liquidity crisis worsened. Believing that the upfront bribe that BAHN and BAN had arranged would eventually bear fruit, and not wanting to lose a potential multimillion-dollar commission, BAHN engaged in a fraudulent scheme to trick Keangnam and its creditors into believing the Fund was close to acquiring Landmark 72. BAHN also stole approximately $225,000 of the $500,000 that Keangnam had advanced BAHN’s firm to cover brokerage expenses. In furtherance of the fraudulent scheme, BAHN repeatedly lied to Keangnam and its creditors about the status of the Landmark 72 deal with the Fund, knowing that Keangnam and its creditors would rely upon the misrepresentations. In addition, BAHN forged emails from Foreign Official-1 and other documents to make the sale of Landmark 72 to the Fund appear imminent to Keangnam and its creditors. Ultimately, when the sale of Landmark 72 to the Fund failed to materialize, Keangnam was forced to enter court receivership in South Korea.

* * *

BAHN was arrested in Tenafly, New Jersey, and WOO was arrested at John F. Kennedy Airport earlier this morning. BAHN and WOO are expected to be presented before U.S. Magistrate Judge Kevin Nathaniel Fox in federal court in Manhattan later today. BAN and HARRIS are currently at large.

The case against BAHN, BAN, and HARRIS is assigned to U.S. District Judge Edgardo Ramos.

BAHN, 38, of Tenafly, New Jersey, and BAN, 69, of Seoul, South Korea, are each charged with one count of conspiracy to violate the FCPA, which carries a maximum sentence of five years in prison; three counts of violating the FCPA, each of which carries a maximum sentence of five years in prison; and one count of conspiracy to commit money laundering and one count of money laundering, each of which carries a maximum sentence of 20 years in prison. In addition, BAHN and HARRIS, 52, of New York, New York, are each charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison; one count of conducting monetary transactions in illegal funds, which carries a maximum sentence of 10 years in prison; and aggravated identity theft, which carries a mandatory consecutive sentence of two years in prison. WOO, 35, of Edgewater, New Jersey, is charged with one count of conspiracy to violate the FCPA, which carries a maximum sentence of five years in prison.
 

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.

Mr. Bharara praised the outstanding investigative work of the International Corruption Squad of the FBI’s New York Field Office. Mr. Bharara also thanked the Department of Justice’s Office of International Affairs for its ongoing assistance in this investigation.

The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Daniel S. Noble and Trial Attorney Dennis R. Kihm of the Fraud Section of the Justice Department’s Criminal Division 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.

[1] As the introductory phase signifies, the entirety of the text of the Indictment and Complaint, and the description of the Indictment and Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that ANTHONY R. MURGIO pled guilty today before U.S. District Judge Alison J. Nathan to charges associated with operating Coin.mx, an internet-based Bitcoin exchange, through which MURGIO processed more than $10 million in illegal Bitcoin transactions. MURGIO also pled guilty to conspiring to obstruct an examination of the Helping Other People Excel Federal Credit Union (“HOPE FCU”) by the National Credit Union Administration (“NCUA”) in furtherance of the illegal Coin.mx scheme. To date, three individuals involved in the Coin.mx schemes have pled guilty. MURGIO is scheduled to be sentenced by Judge Nathan on June 16, 2017.

U.S. Attorney Preet Bharara said: “Anthony Murgio took a new age approach to an age-old crime of fraud. As he admitted in his guilty plea today, Murgio used Coin.mx, an internet-based Bitcoin exchange, to process over $10 million in Bitcoin transactions in violation of federal anti-money laundering laws, and then obstructed a regulatory examination to hide his scheme.”

According to the allegations contained in the Superseding Indictment to which MURGIO pled guilty and statements made during the plea proceeding and other court proceedings:

The Unlawful Bitcoin Exchange

Between 2013 and July 2015, MURGIO knowingly operated Coin.mx, an unlawful internet-based Bitcoin exchange, in violation of federal anti-money laundering laws and regulations, including those requiring money services businesses like Coin.mx to meet state licensing and federal registration requirements set forth by the United States Treasury Department. MURGIO and his co-conspirators engaged in substantial efforts to evade detection of their unlawful Bitcoin exchange by operating through a phony front company called “Collectables Club.” MURGIO used Collectables Club to open bank accounts, through which Coin.mx operated, in order to trick financial institutions into believing the unlawful Bitcoin exchange was simply a members-only association of individuals who discussed, bought, and sold collectible items and memorabilia.

In addition to lying to banks to open accounts, MURGIO and his co-conspirators deceived financial institutions by deliberately misidentifying and miscoding Coin.mx customers’ credit and debit card transactions, in violation of bank and credit card company rules and regulations. MURGIO and his co-conspirators also instructed Coin.mx customers to mislead banks about the nature of the credit and debit card transactions the customers executed through Coin.mx. For example, MURGIO and his co-conspirators caused customers to falsely tell the banks that the transactions in which they engaged with Coin.mx were for collectibles items, when in reality they were for Bitcoins. Through the illegal Coin.mx scheme, MURGIO and his co-conspirators caused more than $10 million in Bitcoin-related transactions to be processed illegally through financial institutions.

The Federal Credit Union Scheme

In 2014, in an effort further to evade scrutiny from financial institutions about the nature of the business engaged in by Coin.mx, MURGIO and his co-conspirators gained control of HOPE FCU, a federal credit union in New Jersey with primarily low-income members. After making more than $150,000 in illegal bribes, MURGIO and his co-conspirators took control of HOPE FCU. MURGIO installed various co-conspirators on HOPE FCU’s Board of Directors and transferred Coin.mx’s banking operations to HOPE FCU.

In late 2014, MURGIO and his co-conspirators attempted to obstruct an examination of HOPE FCU by the NCUA in order to perpetuate MURGIO’s control of the credit union. In furtherance of this scheme, MURGIO and others caused numerous misrepresentations to be made to the NCUA, including misrepresentations about the headquarters of the Collectables Club, in an effort to convince the NCUA that the Coin.mx-affiliated board members were eligible to serve on HOPE FCU’s Board of Directors. HOPE FCU was operated as a captive bank by MURGIO and his co-conspirators until the end of 2014.

In October 2015, the NCUA placed HOPE FCU into conservatorship, and subsequently liquidation.

* * *

MURGIO, 33, of Tampa, Florida, pled guilty to one count of conspiracy to operate an unlicensed money transmitting business, which carries a maximum sentence of five years in prison; one count of conspiracy to commit bank fraud, which carries a maximum sentence of 30 years in prison; and one count of conspiracy to obstruct an examination of a financial institution, which carries a maximum sentence of five years in prison.

Two of MURGIO’s co-defendants have been convicted and are awaiting sentence. Jose M. Freundt pled guilty on October 13, 2016, to one count of conspiracy to operate an unlicensed money transmitting business, one count of operating an unlicensed money transmitting business, and one count of conspiracy to corruptly make payments to an officer of a financial institution, each of which carries a maximum sentence of five years in prison; and one count of corruptly making payments to an officer of a financial institution, one count of conspiracy to commit wire fraud, and one count of wire fraud, each of which carries a maximum sentence of 30 years in prison. Freundt is scheduled to be sentenced by Judge Nathan on April 13, 2017. Michael J. Murgio pled guilty on October 27, 2016, to one count of conspiracy to obstruct an examination of a financial institution, which carries a maximum sentence of five years in prison, and is scheduled to be sentenced by Judge Nathan on January 27, 2017.

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 the judge.

Trial for two additional co-defendants, Trevon Gross and Yuri Lebedev, is scheduled to begin on February 6, 2017. The description of the offense set forth in this release are merely allegations and Gross and Lebedev are innocent until proven guilty.

Mr. Bharara praised the outstanding investigative work of the FBI and the Secret Service. He also thanked the NCUA for its assistance with the investigation and prosecution.

The prosecution of this case is being overseen by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Eun Young Choi, Daniel S. Noble, and Won S. Shin are in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that RANDY CROWELL, a/k/a “Roger,” pled guilty today before United States District Judge Edgardo Ramos to fraudulently distributing more than $100 million worth of prescription drugs obtained on a nationwide black market. CROWELL used a Utah-based wholesale distribution company to sell illicitly procured drugs to pharmacies, which in turn dispensed them to unsuspecting customers. As part of his guilty plea, CROWELL agreed to forfeit more than $13 million in personal profits from the scheme.

Manhattan U.S. Attorney Preet Bharara said: “Randy Crowell perverted for profit a health care system designed to get safe and effective medications to patients who need them. He exposed people with life-threatening illnesses to medicines they had no idea had been diverted from the normal stream of commerce, all the while defrauding healthcare companies and government benefit programs like Medicaid. Crowell has now pled guilty to a federal crime and has agreed to forfeit more than $13 million he made from his criminal scheme.”

According to the allegations contained in the Indictment and other documents filed in the case, as well as statements made during the plea proceedings:

From early 2010 until at least July 2012, CROWELL, who was the owner and operator of a licensed wholesale distributor of prescription medications based in St. George, Utah (“Wholesaler-1”), participated in a sophisticated scheme to defraud health insurance companies and government programs such as Medicaid out of hundreds of millions of dollars by trafficking prescriptions through a nationwide black market. CROWELL, through Wholesaler-1, purchased more than $100 million worth of prescription medications from this black market at a fraction of the legitimate prices for these drugs, before selling the same as new, legitimate bottles of medication to pharmacies all over the country.

To maximize their profits, CROWELL and his co-conspirators focused on some of the most expensive medications on the market, including those used to treat HIV/AIDS. The profitable scheme was potentially dangerous to the tens of thousands of patients ultimately receiving and taking these prescription drugs. As detailed below, many of the bottles purchased through the underground market and then distributed as safe, legitimate medications by CROWELL and Wholesaler-1 had in fact been previously dispensed to others, including individuals based in the Southern District of New York. To conceal the fact that they had been previously dispensed, the bottles were typically “cleaned” with hazardous chemicals such as lighter fluid before being transported and stored in conditions that were frequently insanitary and insufficient to ensure the safety and efficacy of the medication.

THE SCHEME TO DEFRAUD

The fraudulent scheme charged in the Indictment operated by distorting the legitimate flow of medications from manufacturer to pharmacy. Rather than purchasing medications from manufacturers or legitimate authorized distributors at full price, scheme participants, including CROWELL, created and exploited an underground market for these same prescription drugs. Scheme participants targeted the cheapest possible source of supply for these drugs – Medicaid patients and other individuals who received these prescription drugs on a monthly basis for little or no cost, and who were then willing to sell their medicines rather than taking them as prescribed (the “Insurance Beneficiaries”).

Insurance Beneficiaries had prescriptions filled for medications each month at pharmacies across the country, including in Manhattan and the Bronx, and then sold their medications to low-level participants (“Collectors”) in the scheme who worked on street corners and bodegas and would pay cash – typically as little as $40 or $50 per bottle. Every major health care benefit program, including Medicaid, expressly prohibits a beneficiary from seeking care under such circumstances, and health care benefit programs would not have paid for the medications issued by pharmacies to the Insurance Beneficiaries had these health care benefit programs known that the Insurance Beneficiaries were selling their drugs to others, rather than taking them as prescribed.

Because the ultimate goal of the scheme was to resell these medications as new at full price, Collectors and other scheme participants used lighter fluid and other potentially hazardous chemicals to remove the patient labels affixed when the bottles were initially dispensed to the Insurance Beneficiaries. This process, referred to as “cleaning” the bottles, was dangerous, as these hazardous chemicals could infiltrate the bottles, rendering the medication unfit for human consumption.

Collectors then sold these second-hand drugs to higher-level scheme participants (“Aggregators”) who bought dozens, and sometimes hundreds, of bottles at a time from multiple collectors before selling them to higher-level scheme participants with direct access to legitimate distribution channels, including corrupt wholesale companies like Wholesaler-1. The corrupt wholesale companies, including Wholesaler-1, then resold the bottles as new, at full price, to pharmacies, including potentially the very same pharmacies that initially dispensed these medications. In so doing, and as described below, CROWELL and other corrupt wholesale companies intentionally misrepresented where these medications were coming from and, in particular, concealed the fact that these prescription drugs had been obtained from an illegal and illegitimate black market.

CROWELL AND WHOLESALER-1

Central to the scheme’s success was the participation of corrupt, licensed wholesale distributors willing to buy the “second-hand” medications at a fraction of their legitimate price and then resell them as new to pharmacies that would in turn dispense these medications to unsuspecting patients. CROWELL and Wholesaler-1 were among the largest of these corrupt wholesalers.

Between 2010, when Wholesaler-1 was created by CROWELL, and July 2012, Wholesaler-1 had no legitimate sources of supply. Instead, CROWELL caused Wholesaler-1 to purchase exclusively from illegitimate sources – including the so-called “Aggregators” – who sold to CROWELL at substantially reduced rates, sometimes as much as 50 percent less than the price of acquiring these medications from legitimate sources. Consistent with their illegitimate origins, inbound shipments of prescription drugs frequently arrived at Wholesaler-1 improperly packaged in unsealed, unsecure cardboard boxes. On some occasions, bottles of medication arrived at Wholesaler-1 with the initial patient labels still affixed to them. On other occasions, bottles arrived having already been opened, or containing what appeared to be the wrong medication. At the direction of CROWELL, employees of Wholesaler-1 then inventoried these bottles, attempted to remove any bottles that still had patient labels affixed to them or were otherwise visibly used or damaged, and then arranged for the medications to be shipped out to Wholesaler-1’s customers – i.e., pharmacies all over the country, including pharmacies in Manhattan and the Bronx.

To effectuate the scheme – and, in particular, to convince pharmacies to buy these medications, and health care benefit programs to pay for them, CROWELL and others made false and fraudulent representations about the origins of these medications. Specifically, CROWELL and others acting at his direction created false and fraudulent documents known as “pedigrees” for these medications, which purported to document the legitimate movement of these medications bought and sold by Wholesaler-1 from a manufacturer to the pharmacy. In truth, none of the medications purchased or distributed by Wholesaler-1 had come from legitimate sources of supply, and the pedigrees created by Wholesaler-1 and signed by CROWELL were intentionally fabricated so that the medications could be sold, as new, to pharmacies and so that health care benefit programs would be duped into paying for these illegitimate second-hand drugs.

In order to evade detection, CROWELL took additional steps to conceal the unlawful nature of his activities, including using the name “Roger,” frequently changing or “dropping” the phones he used to communicate with co-conspirators, and paying co-conspirators through front or “sham” companies.

* * *

CROWELL pled guilty to one count of conspiracy to commit health care fraud, which carries a maximum term of 10 years in prison. As a part of the plea, CROWELL also consented to the forfeiture of more than $13 million in scheme proceeds, including the full contents of Wholesaler-1’s primary operating account. CROWELL will be sentenced by Judge Ramos on May 11, 2017, at 12:30.

Mr. Bharara praised the investigative work of the New York FBI’s Health Care Fraud Task Force, which comprises agents, officers, and investigators from the Federal Bureau of Investigation, the New York City Police Department, the New York State Insurance Fraud Bureau, U.S. Department of Labor, U.S. Office of Personnel Management’s Inspector General, U.S. Food and Drug Administration, U.S. Health and Human Services Office of Inspector General, New York State Office of Medicaid Inspector General, New York Health and Hospitals Corporation Inspector General, and the National Insurance Crime Bureau.

The prosecution of this case is being overseen by the Office’s Money Laundering and Asset Forfeiture Unit. Assistant U.S. Attorneys Edward B. Diskant and Matthew Podolsky are in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging a total of 13 members and associates of the Blood Hound Brims gang (“BHB” or the “Gang”), a subset of the national Bloods street gang, with various racketeering, narcotics, and firearms offenses, including three attempted murders.

Manhattan U.S. Attorney Preet Bharara said:  “As alleged, the Blood Hound Brims gang was built for crime, with a leadership structure, subgroups known as ‘pedigrees,’ a system to impose discipline, and dues paid to cover prison guns, drugs, commissary funds, and lawyer fees.  The Blood Hound Brims’ brand of havoc that allegedly included drugs, guns, and violence affected several neighborhoods in New York City and Westchester and reached as far as Pennsylvania.  Thanks to the work of the FBI and NYPD, today we arrest and put federal charges on thirteen of this violent gang’s alleged members and associates, including its founder and leader.”    

FBI Assistant Director-in-Charge William F. Sweeney stated: “The violence that accompanies the drug trade doesn’t just impact the gang members who make the choice to pick up a firearm and aim it at their rivals, or allegedly in this case, at their fellow gang members.  Many times innocent people get caught in the crossfire during turf wars.  The FBI NY Metro Safe Streets Task Force works day in and day out to track these violent offenders and get them out of the communities they terrorize.”

As alleged in the Indictment unsealed today in Manhattan federal court[1]:

The BHB was a criminal enterprise that operated principally in the greater New York area, from at least 2005 up to and including 2016.  The BHB was a faction of the Bloods street gang, which operates nationwide, and is under the New York Blood Brim Army (“NYBBA”).  The BHB operated within and around various locations in New York, including New York City, Westchester County, Elmira, and in Pennsylvania, as well as within and outside federal and state penal systems. 

The BHB used a hierarchical structure that was organized, in part, by New York City borough, and that was maintained, in part, through the payment of dues.  The founder and leader of the Gang was LATIQUE JOHNSON, and other members and associates of the BHB referred to JOHNSON as the “Godfather.” The Gang was divided into several “pedigrees,” each of which had its own leadership structure which was approved by JOHNSON.  Leadership positions within the pedigrees included, among others, treasurers who collected dues from members of a particular pedigree, and individuals who performed security and disciplinary functions for the pedigree.  In addition to JOHNSON, GREEN, SANCHEZ, MURRAY, MORTON, CHERRY, KAID, GRAYSON, ROSATIO and EVANS all held leadership positions within the Gang at different times. 

Members of the BHB had regular meetings, sometimes called “pow wows” or “9-11s,” at which members were required to pay dues.  Some of the meetings were among members of a particular pedigree, and other meetings were for all members of the Enterprise.  Word of the meetings was disseminated via text message, word-of-mouth, and flyers.  The BHB’s business, including rivalries with other gangs, shootings, the arrest of gang members, guns, and drugs, was regularly discussed at these meetings.  “Kitty dues” – money that paid for commissary funds, lawyers, guns, and drugs, and that served as tribute to JOHNSON – were collected at these meetings.  The BHB maintained its own rules and constitution that new members were required to learn.  Members of the BHB also used code words and secret phrases to communicate with each other both while in prison and on the street in order to avoid detection by law enforcement.   

One of the BHB’s principal objectives was to sell cocaine base, commonly known as “crack cocaine,” powder cocaine, and heroin, which members and associates of the BHB sold throughout the greater New York area and in Pennsylvania. 

Members and associates of the BHB engaged in multiple acts of violence against rival gangs.  These acts of violence included assaults and attempted murders, and were committed to protect the Gang’s drug territory, to retaliate against members of rival gangs who had encroached on the territory controlled by the BHB, and to otherwise promote the standing and reputation of the Gang vis-à-vis rival gangs.  These acts of violence also included assaults and attempted murders against members and associates of the BHB itself, as part of internal power struggles within the Gang.

For example, on or about April 3, 2009 in Greenburgh, New York, CHERRY and MORTON attempted to murder KAID during a power struggle within the BHB, during which MORTON shot and injured KAID, who survived the shooting.  Then, on or about January 28, 2012 in the Bronx, New York, JOHNSON and MURRAY attempted to murder two members of a rival gang when JOHNSON fired into a fried chicken restaurant, injuring two individuals who survived the shooting.  The violence continued, and on or about September 26, 2012 in the Bronx, New York, JOHNSON, KAID and CANNON attempted to kill two other members of a rival gang at whom KAID fired gunshots.

Count One of the Indictment charges LATIQUE JOHNSON, BRANDON GREEN, INES SANCHEZ, DONNELL MURRAY, THOMAS MORTON, DAVID CHERRY, SAEED KAID, ERIC GRAYSON, MARQUES CANNON, MANUEL ROSARIO, MICHAEL EVANS, and TERRELL PINKNEY with participating in a racketeering conspiracy. 

Count Two charges JOHNSON and MURRAY with assault and attempted murder and conspiracy to commit murder in aid of racketeering in connection with the January 28, 2012 shooting at members of a rival gang.

Count Three charges JOHNSON, KAID and CANNON with assault and attempted murder and conspiracy to commit murder in aid of racketeering in connection with the September 26, 2012 shooting at members of a rival gang. 

Count Four of the Indictment charges JOHNSON, GREEN, MURRAY, MORTON, CHERRY, KAID, GRAYSON, CANNON, ROSARIO, EVANS, and PATRICK DALY with participating in a narcotics conspiracy to distribute crack cocaine, powder cocaine and heroin.

Count Five of the Indictment charges GREEN, MURRAY, MORTON, CHERRY, KAID, GRAYSON, CANNON, ROSARIO, EVANS and PINKNEY, with firearms offenses in connection with the racketeering and narcotics conspiracies charged in Counts One and Four, respectively.

Counts Six and Seven of the Indictment charge JOHNSON with firearms offenses in connection with the racketeering and narcotics conspiracies charged in Counts One and Four, respectively, and with use of a firearm in connection with assault and attempted murder in aid of racketeering in connection with Count Two.

*                      *                     *

Nine of the 13 defendants, INES SANCHEZ, THOMAS MORTON, DAVID CHERRY, ERIC GRAYSON, MANUEL ROSARIO, MICHAEL EVANS, and TERRELL PINKNEY were taken into federal custody yesterday or this morning and will be presented before United States Magistrate Judge Henry Pittman later today.  MARQUES CANNON was arrested in the Northern District of New York and was presented before a magistrate judge.  PATRICK DALY was arrested in the Western District of New York and was presented before a magistrate judge.  SAID KAID is currently incarcerated in state custody on other charges, and will be presented at a later date.  LATIQUE JOHNSON is already in federal custody on prior charges and will be presented on the new charges at a later date.  BRANDON GREEN and DONNELL MURRAY remain fugitives. The case of United States v. Latique Johnson, et al, S1 16 Cr. 281 (PGG) has been assigned to U.S. District Judge Paul G. Gardephe.   

Charts containing the names, ages, residences, charges, and maximum penalties for the defendants are set forth below.  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 the judge.

Mr. Bharara thanked the FBI and the NYPD, as well as the Criminal Investigators at the United States Attorney’s Office, for their work on the investigation.

This case is being prosecuted by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorneys Abigail S. Kurland, Jared Lenow and Max Nicholas 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.

17-003                                                                                                                                                                                                            ###

COUNT

CHARGE

DEFENDANTS

MAX. PENALTIES

1

Racketeering conspiracy

18 U.S.C. § 1962(d)

LATIQUE JOHNSON

BRANDON GREEN

INES SANCHEZ

DONNELL MURRAY

THOMAS MORTON

DAVID CHERRY

SAEED KAID

ERIC GRAYSON

MARQUES CANNON

MANUEL ROSARIO

MICHAEL EVANS

TERRELL PINKNEY

20 years in prison

2

Assault and attempted murder and Conspiracy to commit murder in aid of racketeering activity

18 U.S.C. §§ 1959 & 2

LATIQUE JOHNSON

DONNELL MURRAY

10 years in prison

3

Assault and attempted murder and Conspiracy to commit murder in aid of racketeering activity

18 U.S.C. §§ 1959 & 2

LATIQUE JOHNSON

SAEED KAID

MARQUES CANNON

10 years in prison

4

Narcotics conspiracy

21 U.S.C. § 846

LATIQUE JOHNSON

BRANDON GREEN

DONNELL MURRAY

THOMAS MORTON

DAVID CHERRY

SAEED KAID

ERIC GRAYSON

MARQUES CANNON

MANUEL ROSARIO

MICHAEL EVANS

PATRICK DALY

Life in prison

Mandatory minimum of 10 years in prison

5

Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime

18 U.S.C. § 924(c)

BRANDON GREEN

DONNELL MURRAY

THOMAS MORTON

DAVID CHERRY

SAEED KAID

ERIC GRAYSON

MARQUES CANNON

MANUEL ROSARIO

MICHAEL EVANS

TERRELL PINKNEY

Life in prison

Mandatory minimum of 10 years in prison

6

Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime

18 U.S.C. § 924(c)

LATIQUE JOHNSON

Life in prison

Mandatory minimum of 10 years in prison

7

Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence

18 U.S.C. § 924(c)

LATIQUE JOHNSON

Life in prison

Mandatory minimum of 10 years in prison

DEFENDANT

AGE

RESIDENCE

LATIQUE JOHNSON

a/k/a “La Brim”

a/k/a “Straight 2 Business”

a/k/a “Breezy”

a/k/a “Boss Dog”

36

In Custody

BRANDON GREEN

a/k/a “Light”

a/k/a “Moneywell”

33

Bronx, NY

INES SANCHEZ

a/k/a “Meth”

36

Bronx, NY

DONNELL MURRAY

a/k/a “Don P”

37

Bronx, NY

THOMAS MORTON

a/k/a “10 Stacks”

40

Elmhurst, NY

DAVID CHERRY

a/k/a “Showtime”

35

Queens, NY

SAEED KAID

a/k/a “O-Dog”

36

In Custody

ERIC GRAYSON

a/k/a “Gistol”

33

Bronx, NY

MARQUES CANNON

a/k/a “Paper Boy”

31

Syracuse, NY

MANUEL ROSARIO

a/k/a “Top Dolla”

37

New York, New York

MICHAEL EVANS

a/k/a “Puff”

36

Bronx, New York

TERRELL PINKNEY

a/k/a “BX”

37

Bronx, New York

PATRICK DALY

54

Middleport, New York

[1] As the introductory phrase signifies, the entirety of the text of the Indictments, and the description of the Indictments set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, announced a settlement between the United States of America and DEUTSCHE BANK, A.G., DB U.S. FINANCIAL MARKETS HOLDING CORP., and DEUTSCHE BANK SECURITIES, INC. (“DEUTSCHE BANK”), resolving a civil lawsuit in which the United States alleges that DEUTSCHE BANK participated in a series of transactions that amounted to fraudulent conveyances carried out with the purpose and effect of evading tens of millions of dollars in federal tax liability. 

Manhattan U.S. Attorney Preet Bharara said:  “Using a web of shell companies and series of calculated transactions, Deutsche Bank sought to escape liability for tens of millions of dollars in taxes.  The Government, through this action and settlement, has made Deutsche Bank admit to its actions designed to avoid taxes and pay $95 million to the United States to account for this conduct.”

According to the allegations of the Complaint previously filed by this Office against DEUTSCHE BANK in Manhattan federal court:

In 2000, DEUTSCHE BANK acquired a corporation that held stock with a very low cost basis, meaning that when this stock was subsequently sold, significant taxable income would be incurred.  In order to dispose of the stock without paying the taxes that would be due on this transaction, DEUTSCHE BANK entered into a fraudulent plan with a tax shelter promoter.  Pursuant to this plan, DEUTSCHE BANK transferred the shares of the acquired corporation to a shell company (“BMY”) created by the promoter, which then transferred the stock back to DEUTSCHE BANK in such a way as to cause the shell company to get stuck with the tax bill.  DEUTSCHE BANK and the promoter structured this transaction (the “May 2000 Transaction”) so that the shell company would have little or no assets and would be unable to pay the taxes due.  The net result:  DEUTSCHE BANK would be able to cleanse the stock of its low cost basis and purport to leave the tax liability with a “taxpayer” – the shell company – that would be unable to pay the tax.  Ultimately, this transaction left the shell company BMY with a liability of more than $52 million in taxes, plus interest and penalties.  

*                *                *

Pursuant to the Settlement Agreement approved today by the United States District Court for the Southern District of New York, DEUTSCHE BANK agrees to pay the United States $95 million to resolve the claims in the Complaint. 

In the Settlement Agreement, DEUTSCHE BANK also “admits, acknowledges, and accepts responsibility for” certain key facts related to the Government’s allegations in the complaint, including the following:

• “DEUTSCHE BANK engaged in the May 2000 Transaction in order to avoid having to pay the built-in tax liability associated with” the stock.

   

• “Each aspect of the May 2000 Transaction was pre-planned” and “[a]s a result of the May 2000 Transaction, BMY realized substantial taxable gain.”

   

• “Deutsche Bank knew or, had it made reasonable inquiries, would have known that BMY did not have legitimate tax losses to offset this gain.”

• BMY nonetheless “claimed [to the IRS] that no tax was due because the income was offset by unrelated foreign currency transaction losses” that “were attributable to a tax shelter known as a Currency Option Investment Strategy (‘COINS’) tax shelter.”

• DEUTSCHE BANK itself had “participated in this COINS tax shelter,” and, “[a]s Deutsche Bank admitted in 2010” in a statement of facts accompanying a non-prosecution agreement entered into by this Office’s Criminal Division, “the COINS shelter, in which it participated willfully and knowingly, was a fraudulent tax shelter, and it was unlawful for Deutsche Bank to have participated in the COINS tax shelter.”

   

• “IRS disallowed [these] claimed foreign currency transaction losses and assessed BMY tens of millions of dollars of tax (plus interest and penalties) resulting from the sale of” the stock.

• “Deutsche Bank knew that BMY had no material assets and no operating business,” and “Deutsche Bank knew or should have known that as a result of the May 2000 Transaction, BMY lacked the funds necessary to pay the substantial taxes resulting from the sale of” the stock.

   

Mr. Bharara thanked Frederick C. Mutter of the Office of Chief Counsel, Internal Revenue Service, for his extraordinary assistance on this matter.

The case has been handled by this Office’s Tax and Bankruptcy Unit.  Assistant U.S. Attorneys Robert William Yalen, Christine S. Poscablo, Natasha Waglow Teleanu, Anthony J. Sun, and Ellen M. London have handled this matter.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that PETRONILA PERALTA, a/k/a “Petra,” a former employee with the New York City Human Resources Administration (“HRA”), pled guilty to defrauding a public assistance program that she had administered during the time when she worked for HRA, resulting in the theft of more than $600,000 in public funds, and to trafficking more than 50 kilograms of cocaine following her separation from HRA.  PERALTA, who was arrested in December 2015, entered her pleas today before U.S. District Judge Gregory H. Woods, and was ordered remanded.  She is scheduled to be sentenced by Judge Woods on April 4, 2017.

U.S. Attorney Bharara stated:  “As she admitted today, in addition to cocaine trafficking, Petronila Peralta defrauded the public by stealing more than $600,000.  This money was intended to aid the neediest New Yorkers, including children, by helping to defray the costs of basic nutrition and housing.” 

According to the Complaint, Indictment, plea agreement, other information in the public record, and today’s proceeding:

HRA is an agency of the City of New York responsible for administering various public assistance programs.  Among other things, HRA provides temporary help to individuals and families with social service and economic needs to assist them in reaching self-sufficiency.  Its services include, among others, administering the federally funded Supplemental Nutrition Assistance Program (more commonly known as “food stamps”), administering the federally funded Temporary Aid to Needy Families Program, and providing rental assistance to low-income families and individuals.

Between 2005 and August 2014, PERALTA worked at HRA, most recently as a Job Opportunity Specialist in a job center in Queens, New York.  In that capacity, PERALTA was supposed to provide economic support and employment-related services to persons in need.  Starting by approximately 2009, PERALTA abused her position by fraudulently issuing more than approximately 800 supplemental issuances to individuals who were not entitled to such payments.  A “supplemental issuance” is a supplemental transmission of funds to a public assistance beneficiary who did not receive the amount of funds he or she was due previously.  Between approximately 2009 and May 2011, PERALTA repeatedly issued such funds not to individuals who were entitled to them, but to co-conspirators, and took steps to conceal her conduct, including by using the computer system log-in information of a former employee of HRA, rather than her own.  The scheme led by PERALTA resulted in the loss of more than approximately $600,000 in public funds.

Following her separation from HRA, between approximately January 2013 and March 2015, PERALTA agreed to and did receive, and help others to receive, through the mail more than 50 kilograms of cocaine meant for re-distribution.

*                      *                      *

PERALTA, 52, of the Bronx, New York, pled guilty to one count of conspiracy to commit wire fraud, which carries a statutory maximum of 20 years in prison, and one count of conspiracy to distribute and possess cocaine, which carries a statutory maximum 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.

U.S. Attorney Bharara praised the work of the New York City Department of Investigation, the Drug Enforcement Administration, and the United States Postal Inspection Service.

The case is being prosecuted by the Office’s Public Corruption and Narcotics Units.  Assistant U.S. Attorneys Daniel C. Richenthal and Shawn G. Crowley are in charge of the prosecution.

Preet Bharara, the United States Attorney for the Southern District of New York and Timothy Gallagher, Special Agent-in-Charge of the Newark Field Office of the Federal Bureau of Investigation (“FBI”), announced that JOHN EDWARD TAYLOR, a/k/a “Jay Taylor,” a/k/a “Josie Reeser,” was charged in a five-count indictment today.  TAYLOR had previously been charged by complaint, and first appeared in this district on December 21, 2016.  The case has been assigned to U.S. District Judge Laura Taylor Swain. TAYLOR is expected to be arraigned later this week before Judge Swain.  

Manhattan U.S. Attorney Preet Bharara said:  “John Edward Taylor allegedly trolled dating websites to find unsuspecting women for his ‘romance’ scam, designed to steal their money.  While masquerading as a millionaire businessman with romantic and professional interest in his victims, Taylor was in reality an alleged con artist.  When confronted by some of his victims for looting their bank accounts, Taylor took his insidious crime another step further, allegedly threatening to release sexually explicit photos of them.”

FBI Special Agent-in-Charge Timothy Gallagher said:  “Today’s charges illustrate the FBI’s commitment to combating the growing threat of online dating scams and financial fraud. Our job is to protect victims and ensure those who commit these egregious crimes are held accountable.”

According to the allegations in the Complaint and Indictment filed in federal court:[1]

JOHN EDWARD TAYLOR, a/k/a “Jay Taylor,” a/k/a “Josie Reeser,” stole, or attempted to steal, money, credit, and personal information from more than a dozen women (the “Victims”) in cities across the country, including New York City, Chicago, Atlanta, and Philadelphia.

TAYLOR contacted Victims using online matchmaking and networking websites, such as Match.com, eHarmony, Craigslist, and Seeking Arrangement.  TAYLOR typically introduced himself as “Jay” and often falsely described himself as a wealthy businessman with oil and land interests in North Dakota.  To some Victims, TAYLOR feigned interest in hiring the Victims to work on a new business TAYLOR purported to be creating.  To other Victims, TAYLOR expressed an interest in a romantic and personal relationship.  To most Victims, TAYLOR purported to be interested in both a personal and a professional relationship.

Using a variety of false pretenses, TAYLOR obtained the Victims’ personal identifying information, often including birthdates, addresses, and bank and credit account numbers.  TAYLOR used the Victims’ personal identifying information to purchase goods, transfer funds, and open new accounts – all without authorization.  In certain circumstances, TAYLOR opened accounts without the Victims’ knowledge.  In other circumstances, TAYLOR opened accounts that he assured Victims were business accounts, but were, in fact, personal accounts in the Victims’ names, over which TAYLOR maintained exclusive control.

Often within a matter of months, Victims would discover thousands of dollars in unauthorized charges and transfers in their existing accounts, receive bills for accounts they had never created, or learn their existing accounts had been closed due to delinquency.

Independent of each other, multiple Victims confronted TAYLOR about his activities.  To some, TAYLOR responded with insults.  To others, TAYLOR responded with promises to repay the losses – and on at least one occasion attempted to repay one Victim with funds unlawfully obtained from another Victim.  On multiple occasions, TAYLOR threatened to transmit sexually explicit images of the Victims – which he had obtained as part of his purported romantic relationships with them – to the Victims’ employers if the Victims tried to collect their debts.

TAYLOR’s fraud and attempted fraud totaled hundreds of thousands of dollars in losses.

*                *                *

TAYLOR, 47, has been charged with one count of wire fraud, which carries a maximum sentence of 30 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense; one count of bank fraud, which carries a maximum sentence of 30 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense; one count of aggravated identity theft, which carries a mandatory sentence of two years in prison; and two counts of threatening communications, each of which carries a maximum sentence of two years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentences for the defendant will be determined by the judge.

Mr. Bharara praised the outstanding work of the FBI for their investigative efforts and ongoing support and assistance with the case.

The prosecution of this case is being overseen by the Office’s General Crimes Unit.  Assistant U.S. Attorneys Jonathan Rebold and Andrew Thomas are in charge of the case.

The charges contained in the Complaint and Indictment 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 Indictment and the descriptions of the Complaint and Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.