Monday, October 28, 2013

Lubbock Man Sentenced to 142 Months in Federal Prison for Robbing First United Bank, Plains Capital Bank, and Alliance Federal Credit Union

LUBBOCK, TX—Jeffrey Hensley, 42, appeared in federal court this morning before U.S. District Judge Sam R. Cummings, who upwardly departed from the U.S. Sentencing Guidelines and sentenced him to 142 months in federal prison. Hensley pleaded guilty in July 2013 to three counts of bank robbery and credit union robbery, and he has been in custody since his arrest on April 22, 2013, following the execution of a federal search warrant at his residence in Lubbock. Today’s announcement was made by U.S. Attorney Sarah R. SaldaƱa of the Northern District of Texas.
According to documents filed in the case, on September 14, 2012, at approximately 1:25 p.m., Hensley, carrying a bank bag and wearing blue jeans, a gray pull-over, and a black baseball cap, entered the First United Bank, 9801 Indiana Avenue in Lubbock, opened the bag, and removed a note that he passed to a teller. The note stated words to the effect of: “Don’t make me show my weapon.” Hensley told the teller, “Give me your bundles. Keep your hand away from your button and quit stalling.” The teller surrendered cash to Hensley who placed most of it in the bank bag, retrieved the note, and exited the bank.
On December 8, 2012, at approximately 4:54 p.m., Hensley, carrying a bank bag, entered the Plains Capital Bank, 6002 Slide Road in Lubbock and handed a teller a note that read: “Fill the bag with all the money in the drawer—if I have to show my weapon I will use it—you have 15 seconds!!” Hensley ordered the teller to put the money in the bag and lifted his hooded sweatshirt as if to partially display a firearm. The teller surrendered cash and Hensley stuffed the money inside the bank bag and exited the bank.
On February 13, 2013, at approximately 3:45 p.m., Hensley entered the Alliance Federal Credit Union, 6601 Indiana Avenue in Lubbock, walked up to a teller, and handed him a note. Hensley then handed a pink cosmetic bag to the teller and told her: “Hurry up! Everything in the drawer goes in the bag. Put the money in the bag. Put the money in the bag.” The teller surrendered the cash to Hensley who put it in the pink bag and exited the bank.
This case was investigated by the FBI, the Texas Department of Public Safety, the Lubbock Police Department, and the Lubbock County Sheriff’s Office. Assistant U.S. Attorney Jeffrey Haag prosecuted.

New Jersey Woman Sentenced for Fraud Scheme

PHILADELPHIA—Katrina Taniesha Waters, 33, of Williamstown, New Jersey, was sentenced today to nine years in prison for an identity theft, loan, and tax fraud scheme involving more than $1.6 million. Waters applied for fraudulent personal loans, credit accounts, and automobile draft loans from several different banks using falsified identification, employment, income, and tax information, as well as false sales and vehicle documents, including fraudulent vehicle identification numbers (VINs). Waters pleaded guilty to 83 counts including bank fraud, false statements on loan applications, filing false tax returns, and false statements to a government agency.
Waters applied for loans from Police & Fire Federal Credit Union, Navy Federal Credit Union, Philadelphia Federal Credit Union, American Heritage Federal Credit Union, Freedom Federal Credit Union, and Susquehanna Bank. She provided the financial institutions with fraudulent information about her income and about the purpose for the loans. For example, Waters and an unnamed conspirator set up an account for a fake auto dealership. In October of 2008, Waters applied for a $25,000 loan from Police & Fire Federal Credit Union to purchase a 2008 Chevy Tahoe, using a fake certificate of title, false VIN, and auto lender documents from the fake dealership. Police & Fire issued the funds made payable to the fake company and Waters withdrew the funds before the fraud was discovered. No vehicle was purchased with the loan.
In addition to the prison term, 24 months of which is a mandatory term, U.S. District Court Judge Juan R. Sanchez ordered a $8,300 special assessment, and three years of supervised release. A forfeiture order lists many of the purchases that Waters made with her ill-gotten gains such as a $425,000 home in New Jersey, rental properties in Philadelphia, two motorcycles, an ATV, hundreds of pairs of designer shoes, and handbags (Gucci, Leboutin, Prada).
The case was investigated by the U.S. Postal Inspection Service, FBI, and IRS-Criminal Investigation. It was prosecuted by Assistant United States Attorney Michelle Rotella.

FBI Offers $1,500 Reward for Man Wanted in Shooting on Navajo Indian Reservation

The FBI is offering a $1,500 reward for information leading to the arrest and conviction of a Shiprock, New Mexico man wanted for the October 10, 2013 shooting of a woman at a housing complex on the Navajo Indian Reservation.
A federal arrest warrant charges Patrick Lynn Benally, 25, with assault resulting in serious bodily injury, assault with a dangerous weapon, use of a firearm in the commission of a crime of a violence, and offense in Indian Country.
Benally is accused of shooting a woman in the face in Fruitland, New Mexico.
The woman was treated at a hospital, but her identity and whereabouts are not being released at this time.
Benally has relatives in the Durango, Colorado area, but he may still be on the Navajo Indian Reservation or in other areas of New Mexico.
Benally is Native American, about 5'5" tall, weighs approximately 180 pounds, and has black hair and brown eyes.

Initial reports indicated Benally may have been in a dark crew-cab pickup truck, but that vehicle has been located.
Benally is considered armed and dangerous.
Anyone who sees Benally or knows his whereabouts should not approach him, but should instead contact the Albuquerque FBI at 505-889-1300 (24 hours) or submit a tip online at https://tips.fbi.gov.
The Navajo Nation Division of Public Safety and San Juan County Sheriff’s Office are assisting with this investigation.
- Wanted poster: Patrick Lynn Benally

Robbery of Gate City Bank Branch in Carrington, North Dakota

On October 24, 2013, at approximately 2:30 p.m., a lone male entered the Gate City Bank in Carrington, North Dakota. The robber approached the bank counter and provided the bank teller with a note demanding money. After obtaining an undisclosed amount of U.S. currency, the robber fled from the bank. The robber was described as a black male, approximately 20-30 years old, approximately 6’2” in height, and having a muscular build. Shortly after the bank robbery, a white Ford Crown Victoria with no back bumper was observed leaving the city of Carrington at a high rate of speed.
Based on the description of the vehicle and the description of the bank robber, the North Dakota State Patrol, Harvey Police, and the McHenry Sheriff’s Office stopped a vehicle on Highway 52, southeast of the city of Martin. The driver of the vehicle was wanted on an outstanding state warrant and arrested. A coordinated investigation is being conducted by the Federal Bureau of Investigation, the North Dakota Bureau of Criminal Investigation, the North Dakota State Patrol, McHenry Sheriff’s Office, and the Carrington Police Department.
Anyone with any information regarding this robbery should contact the FBI, Fargo Resident Agency at (701) 232-7241

Robbery of Northland Financial Bank Branch in Medina, North Dakota

On October 25, 2013, at approximately 10:30 a.m., two individuals robbed the Northland Financial bank, located at 101 2nd Ave. SW, Medina, North Dakota. The robbers approached the bank counter and demanded money. One of the robbers brandished a hand gun. After obtaining an undisclosed amount of U.S. currency, the robbers fled from the bank. The robbers are believed to have fled in a vehicle described as blue Chevrolet Trailblazer. Following the robbery, an abandoned Chevrolet Trailblazer, believed to be linked to the crime, was found abandoned on a gravel road south of Medina.
The robbers were both described as approximately 5’6”-5’8” tall. Both wore masks and bulky, dark clothing. At least one of the robbers is suspected of being of African-American decent. Both robbers are believed to be in their late teens or early 20s.
While the robbers are believed to have abandoned their original getaway vehicle, it is suspected that they may currently be driving a light-colored, late model Lincoln Navigator.
A coordinated investigation is being conducted by the Federal Bureau of Investigation (FBI), the North Dakota Bureau of Criminal Investigation (BCI), and the Stutsman County Sheriff’s Office.
Suspect in Medina, North Dakota Bank Robbery (10/25/13)Suspect in Medina, North Dakota Bank Robbery (10/25/13)
Anyone with any information regarding this robbery should contact the FBI's Fargo Office at (701) 232-7241; BCI at 1 (800) 472-2185; and/or the Stutsman County Sheriff at (701) 252- 9000.

Dearborn-Based Business Owner Sentenced to Prison for Immigration Fraud

The owner of a Dearborn-based investment company was sentenced to 33 months in prison for operating an immigration fraud ring from one of his restaurants, U.S. Attorney Barbara L. McQuade announced today.
Joining McQuade in the announcement were Giovanni Tiano, Special Agent in Charge of the Detroit Division of the Department of Homeland Security-Office of Inspector General, and Paul Abbate, Special Agent in Charge of the Federal Bureau of Investigation in Detroit.
U.S. District Judge Marianne O. Battani imposed sentence on Hussein “Sam” Nazzal, 59, of Dearborn. Nazzal is the former owner of the Shish Village restaurant and the G&S Development real estate company, both located in Dearborn.
Nazzal pleaded guilty in July to conspiracy to defraud the United States. That conviction arose from Nazzal’s role in brokering three separate false marriages between U.S. citizens and Lebanese nationals to obtain immigration benefits by fraud. As part of the same investigation, federal officials obtained criminal convictions of two of the individuals involved in the fraud activity. Two other participants have been deported from the United States to Lebanon.
In announcing the sentence, McQuade stated, "Fraud schemes undermine the integrity of our immigration system, and make it harder for legitimate applicants to obtain immigration benefits.”
Special Agent in Charge Tianno stated, "DHS-OIG will continue to actively attack corrupt and greed-driven criminal schemes which would compromise our immigration system and threaten our border security."
Paul M. Abbate, Special Agent in Charge of the Detroit, Michigan, Division of the FBI, said “The FBI is committed to aggressively pursuing individuals who perpetrate fraud schemes such as this one to commit crimes against the United States. The FBI praised the teamwork of the law enforcement agents, partners, and the Assistant United States Attorneys who brought this case to a successful conclusion.”
This case was investigated by the Department of Homeland Security-Office of Inspector General and the Federal Bureau of Investigation.
Sam Nazzal is also facing sentencing for his convictions on multiple counts of bank fraud, commercial bribery, and obstruction of justice. That sentencing will take place on November 18, 2013, before U.S. District Judge David M. Lawson.

Rhode Island Man Sentenced to Life in Prison for Murder and Robbery of Gas Station Manager

WASHINGTON—Jason W. Pleau, 35, of Providence, Rhode Island, was sentenced today to life in prison for the murder and robbery of Woonsocket, Rhode Island gas station manager David D. Main. Pleau chased, shot at close range, and robbed Main on September 20, 2010, as Main approached the doorstep of a Woonsocket bank where he was to have deposited receipts belonging to the gas station that he managed.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Peter F. Neronha of the District of Rhode Island; Rhode Island Attorney General Peter F. Kilmartin; Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police; Woonsocket Police Chief Thomas S. Carey; and Special Agent in Charge Vincent B. Lisi of the FBI’s Boston Field Office made the announcement following sentencing by U.S. District Court Judge William E. Smith.
Pleau pleaded guilty on July 31, 2013, to conspiracy to commit Hobbs Act robbery; Hobbs Act robbery; and carrying, using, and discharging a firearm during and in relation to a federal crime of violence resulting in death.
Co-defendant Jose A. Santiago, 36, formerly of Springfield, Massachusetts, pleaded guilty on September 5, 2013, to conspiracy to commit Hobbs Act robbery, Hobbs Act robbery, and carrying, using, and discharging a firearm during and in relation to a federal crime of violence resulting in death. Santiago is scheduled to be sentenced on January 9, 2014.
A third defendant, Kelly Marie Lajoie, 35, formerly of Springfield, Massachusetts, pleaded guilty on December 9, 2011, to Hobbs Act conspiracy, aiding and abetting a Hobbs Act robbery, and use of a firearm during a federal crime of violence. A sentencing hearing has not been scheduled.
The matter was investigated by the Woonsocket Police Department, Rhode Island State Police, and the FBI.
The case was prosecuted by Assistant U.S. Attorneys Adi Goldstein and William J. Ferland of the District of Rhode Island and Trial Attorney Jacabed Rodriguez-Coss of the Criminal Division’s Capital Case Section.

Investment Adviser and Real Estate Developer Charged with Causing $5.5 Million Loss to 25 Investors in $9 Million Fraud Scheme

CHICAGO―A former securities broker and his associate in a real estate business that converted apartments into condominiums were indicted for allegedly fraudulently raising more than $9 million from approximately 25 investors and misappropriating a substantial portion of the money, resulting in a loss of at least $5.5 million. The defendants, MARCIN MALARZ and ARTHUR LIN, allegedly used the investors’ funds for their own personal use, as well as to make Ponzi-type payments to certain investors.
Malarz, 48, formerly of Lake Forest, and Lin, 39, of Palatine, were each charged with three counts of wire fraud in an indictment returned yesterday by a federal grand jury. Lin will be arraigned on date to be determined in U.S. District Court, while Malarz is a fugitive and is believed to be living in Poland.
According to the charges, Lin was a branch office manager of a securities broker-dealer in Itasca and also an officer of Malarz Equity Investments LLC (MEI), which was managed by Malarz and sold condominiums after purchasing apartment buildings and converting the units.
Lin recruited investors for Malarz and MEI from his securities firm’s client pool. In some cases, Lin allegedly convinced his clients to take out home equity loans or liquidate their brokerage investments to generate money to invest with MEI.
Between November 2005 and April 2010, Malarz and Lin fraudulently offered and sold investments in promissory notes and obtained loans personally secured by Malarz, while making false representations about the risks involved in investing and lending money to MEI, the charges allege. Specifically, they made false representations about: the solvency and financial condition of MEI and Malarz; the expected and actual returns on investments and loans, the ways the investors’ funds would be used; and Malarz’s ability to personally guarantee the investments and loans, according to the indictment.
Malarz allegedly misappropriated approximately $2 million for his personal use, including funds to pay outside business expenses, travel and living expenses, such as credit card and home mortgage bills, furniture, clothing, and a Mercedes automobile.
Malarz and Lin allegedly paid hundreds of thousands of dollars from investors’ funds to Lin’s wife, often in amounts approximating 10 percent of the funds that Lin brought to MEI. Lin used these funds to pay personal expenses, including credit card and home equity loan payments.
The indictment seeks forfeiture of alleged fraud proceeds totaling at least $5.5 million as well as Lin’s residence in Palatine and additional homes in Palatine and Barrington.
The charges were announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Robert J. Shields, Jr., Acting Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation. The Securities and Exchange Commission, which filed its own civil enforcement action against the defendants, provided assistance.
The government is being represented by Assistant U.S. Attorney Rachel Cannon.
Each count of wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine, or an alternative fine totaling twice the gross gain or twice the loss, whichever is greater, and restitution is mandatory. If convicted, the court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
An indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The investigation falls under the umbrella of the Financial Fraud Enforcement Task Force, which includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch and with state and local partners to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information on the task force, visit: www.StopFraud.gov.

FBI Atlanta Hosts Active Shooter Conference in Augusta

ATLANTA—On October 24-25, 2013, the FBI’s Atlanta Field Office, in conjunction with the Medical College of Georgia at Georgia Regents University’s (GRU) Center of Operational Medicine, hosted a two-day conference at GRU’s Augusta, Georgia facility to discuss best practices and services available during an active shooter response.
In attendance were approximately 200 law enforcement, fire, and emergency medical services (EMS) leaders, as well as various school administrators and staff from the surrounding metro areas, all gathered to discuss best practices and lessons learned from various critical incident responses. At the conclusion of the two-day conference, a tabletop exercise was held on October 25, 2013 to allow for a simulated scenario to unfold in which key leadership in attendance were able to discuss response strategy, to include services needed and anticipated challenges or potential obstacles.
As background for this training, on January 12, 2013, new federal legislation (the Investigative Assistance for Violent Crimes Act of 2012) was signed as part of a response to recent tragic events, to include the Sandy Hook Elementary School shooting in Newtown, Connecticut. This legislation authorizes certain federal agencies, to include the Federal Bureau of Investigation (FBI), to provide assistance in responding to those violent acts and shootings that occur in a place of public as well as critical incidents considered mass killings and/or attempted mass killings.
In furtherance of this federal response, the U.S. Department of Justice and the FBI were assigned to facilitate law enforcement training regarding active shooter scenarios. This includes tactical training for first responder law enforcement officers provided through the Advanced Law Enforcement Rapid Response Training (ALERRT), developed by the state of Texas. The ALERRT training, which is already underway, has been expanded by training additional FBI special agent tactical instructors who will, in turn, provide the much needed tactical training to surrounding local and state law enforcement agencies.
In addition to the ALERRT training, all 56 FBI field offices throughout the country were tasked to host a two-day conference for law enforcement executive management, to include fire and EMS leadership, to discuss best practices and lessons learned regarding mass shooting incidents, as well as to explain those federal and state resources and services available during such a response. The conference, which includes topics such as pre-event behavioral indicators of a mass shooter, evidence collection, management of a complex crime scene, crisis management, media management, and victim assistance matters, is designed to prepare the agency leadership for a critical incident response that often requires a unified response from numerous surrounding agencies and service providers.
This was the third such conference this year as FBI Atlanta continues to assist law enforcement, fire, and EMS leadership and personnel throughout the State of Georgia in maintaining an increased readiness in responding to critical incidents such as an active shooter in a unified manner.

Four Men Sentenced to 60 Years Each for Multiple Armed Robberies During December 2012 Holiday Season

ALEXANDRIA, VA—Keith Willie Reed, 24, of Washington, D.C.; Tobias Richard Dyer, 21, of Upper Marlboro, Maryland; Anthony Cannon, 24, of Washington, D.C.; and Stanley Winston, 23, of Washington, D.C., were each sentenced today to 60 years in prison, followed by five years of supervised release, for conspiracy, robbery affecting interstate commerce, armed robbery of a credit union, use of a firearm during crimes of violence, and being felons in possession of firearms. They were also ordered to pay restitution in the amount of $76,915.15.
Dana J. Boente, Acting United States Attorney for the Eastern District of Virginia, and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by United States District Judge Claude M. Hilton
Reed, Dyer, Winston, and Cannon were found guilty after a jury trial on June 21, 2013. According to court records and evidence adduced at trial, the defendants committed three armed robberies in Northern Virginia during the December 2012 holiday season. Specifically, on December 7, they robbed VVM, Inc., located in Fairfax County, Virginia. Two days later, they robbed the Shoppers Food Warehouse on Jefferson Davis Highway in Alexandria, Virginia. Then, on December 22, they robbed the Navy Federal Credit Union on Randolph Street in Arlington, Virginia. The total loss amount from these three armed robberies was over $75,000. In each robbery, three of the defendants entered masked while the fourth waited in a stolen getaway car. All four were arrested within an hour of the Navy Federal Credit Union robbery when law enforcement was able to track the money.
This case was jointly investigated by FBI’s Washington Field Office and Baltimore Field Office, and the Metropolitan, Fairfax County, Arlington County, and Alexandria Police Departments. Assistant United States Attorneys Patricia T. Giles and Rebeca H. Bellows are prosecuting the case on behalf of the United States.

Mexican Mafia Member Sentenced in Major Racketeering Conspiracy Case

SAN DIEGO—Rudy Espudo, the lead defendant in a major RICO (Racketeering Influenced Corrupt Organizations) and drug trafficking case involving the violent and powerful Mexican Mafia prison gang, was sentenced today by U.S. District Judge Irma E. Gonzalez to 35 years in prison for his role in the conspiracy, which involved drug distribution and crimes of violence.
The sentence reflected Espudo’s role as a validated member of the Mexican Mafia who oversaw the activities of gang members throughout much of northern San Diego County. Espudo engaged in drug trafficking and extortion, as well as profiting from the criminal activity of those gang members who worked under his so-called protection. Espudo pledged to “protect” these criminals as long as they paid their “taxes” to the Mexican Mafia. Such taxes are essentially payments made by gang members and drug dealers to a Mexican Mafia member for the right to conduct their illegal activity free from interference from the Mexican Mafia. In Espudo’s case, those communities included areas of Escondido, Fallbrook and San Marcos.
According to prosecutors, Espudo’s power over the gangs subservient to the Mexican Mafia was pervasive and dramatic. To utter his name invoked celebrity status—but to get on his bad side was to run the risk of ending up beaten and bloodied from a “green light”—an assault order from a Mexican Mafia member on a person or a gang. Under a “green light” every Sureno gang member (which includes most Hispanic gangs in Southern California) must violently attack the person or gang that has been “green lighted.” If they fail to do so, they risk being “green lighted” themselves.
Espudo was convicted of Count One of the August 2, 2012 Indictment—RICO Conspiracy, Count 2—Conspiracy to Distribute Methamphetamine and Cocaine and Count 12—Brandishing of a Firearm During the Commission of a Crime of Violence.
Espudo’s case was part of “Operation Notorious County,” which resulted in eight indictments in January 2012, charging 51 individuals with participating in a federal racketeering influenced and corrupt organization (RICO) conspiracy and other offenses. All 51 indicted defendants were found guilty at trial or pleaded guilty to offenses including firearms (possession, brandishing, and discharge), extortion, robbery, money laundering, and drug trafficking.
Seven defendants who were indicted with Espudo and who were members of the Diablos and West Side gangs, based in Escondido, as well as the Varrio Fallbrook Locos gang (Fallbrook) went to trial in August 2013. All seven of those defendants were convicted at the conclusion of the trial on October 2, 2013 of the RICO conspiracy and various other charges. All but two have been sentenced.
Case Number: 12CR0236-IEG
Defendant
  • Rudy Espudo, Age: 41, Escondido, California
Case Number: 12CR0236-IEG
Trial Defendants
  • PABLO FRANCO, aka Casper, aka Dwarf, Age: 31, Fallbrook, CA
  • JESUS BARRAGAN, aka Chito, Age: 37, Escondido, CA
  • FRANCISCO GUTIERREZ, aka Bullet, aka Ammo, Age: 29, Fallbrook, CA
  • JULIO SOLORZANO aka Mowgli, Age: 20, Escondido, CA
  • HECTOR FERNANDEZ aka Evil, Age: 23, Escondido, CA
  • JOSE CORNEJO aka Rabbit, Age 21: Escondido, CA
  • HECTOR GARCIA, Studders, aka Muffin, Age: 20, Escondido, CA
Participating Agencies
The case was the product of an 18-month investigation by the North County Regional Gang Task Force (NCRGTF), including agents and officers from the San Diego County Sheriff's Office; Federal Bureau of Investigation; U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Escondido, Carlsbad, and Oceanside Police Departments. The case also involved coordinated support from the San Diego County District Attorney's Office.

Local Real Estate Agent and Former Account Executive of a Lending Institution Plead Guilty to Conspiracy to Commit a Massive Mortgage Fraud Causing $17 Million in Losses

United States Attorney Laura E. Duffy and FBI Special Agent in Charge Daphne Hearn announced that Eric Elegado, a local real estate agent, and his spouse, Charmagne Elegado, a former account executive of New Century Mortgage, a mortgage lending institution, pled guilty today to their roles in a conspiracy to commit massive mortgage fraud intending to cause and causing approximately $17 million in losses.
Eric and Charmagne Elegado entered their guilty pleas to count one of the indictment before United States District Judge Anthony J. Battaglia. Pursuant to the written plea agreements, Eric Elegado owned and operated real estate and mortgage brokerage businesses in San Diego, and Charmagne Elegado was an account executive at New Century Mortgage in San Diego. Beginning in at least 2005 and continuing up to and including February 23, 2007, Eric and Charmagne Elegado admitted that they conspired with co-defendants Theodore Cohen, Minh Nguyen, Regidor Pacal, Alexander V. Garcia, Roman Macabulos, Ramin Lotfi, and Roderick Huerto to engage in a scheme to defraud mortgage lenders in order to obtain money and property by obtaining mortgage loans, primarily through New Century Mortgage, for unqualified buyers by falsifying and causing others to falsify the employment and salary information on the loan applications and other documents.
Eric and Charmagne Elegado admitted that these co-defendants were paid approximately $500, by either check or cash, for allowing companies that they owned to be fraudulently listed on the borrower’s loan documents. In addition, Eric and Charmagne Elegado admitted that they agreed with other coconspirators working at Eric Elegado’s mortgage companies to create fraudulent documents, such as W-2s, pay stubs, and bank statements, which were submitted to mortgage lenders, including to Charmagne Elegado while she was working at New Century Mortgage. Eric and Charmagne Elegado admitted that they made substantial profits from their roles in the scheme to defraud mortgage lenders.
The other co-defendants had previously pled guilty. In particular, Alexander Garcia entered his guilty plea to conspiracy to commit mortgage fraud on November 20, 2012, and he is scheduled for sentencing on December 13, 2013.
Roman Macabulos entered his guilty plea to conspiracy to commit mortgage fraud on August 29, 2013, and he is scheduled for sentencing on January 3, 2014.
Theodore Cohen entered his guilty plea to conspiracy to commit mortgage fraud on August 29, 2013, and he is scheduled for sentencing on February 7, 2014.
Regidor Pacal entered his guilty plea to conspiracy to commit mortgage fraud on August 30, 2013, and he is scheduled for sentencing on January 3, 2014.
Ramin Lotfi entered his guilty plea to conspiracy to commit mortgage fraud on September 5, 2013, and he is scheduled for sentencing on December 6, 2013.
Roderick Huerto entered his guilty plea to conspiracy to commit mortgage fraud on September 10, 2013, and he is scheduled for sentencing on December 6, 2013.
Minh Nguyen had his case consolidated with another criminal case in the Central District of California, and his case was transferred to that district on June 24, 2013.
Eric and Charmagne Elegado are next scheduled to be in court before United States District Judge Anthony J. Battaglia for sentencing on February 28, 2014, at 9:00 a.m.
Criminal Case No. 12CR0404-AJB
Defendants
  • Charmagne Elegado, Age: 47, Escondido, CA
  • Eric Elegado, Age: 47, Escondido, CA
  • Theodore Cohen, Age: 54, San Diego, CA
  • Regidor Pacal, Age: 51 ,San Diego, CA
  • Alexander V. Garcia, Age: 38, San Diego, CA
  • Roman Macabulos, Age: 38, San Diego, CA
  • Ramin Lotfi, Age: 36, San Diego, CA
  • Roderick Huerto, Age: 34, San Diego, CA
Summary of Charge That All Defendants Pled Guilty To:
Title 18, United States Code, Section 1349 B - Conspiracy to Commit Mail and Wire Fraud
Maximum penalties: 20 years' imprisonment, $250,000 fine, or twice the gross pecuniary gain or twice the gross pecuniary loss (whichever is greatest), $100 special assessment, three years of supervised release.
Investigating Agency
Federal Bureau of Investigation
Contact
Assistant United States Attorney (AUSA) Orbana, (619) 546-7951; or AUSA Sullivan, (619) 546-8412

Fresno Woman Indicted for Embezzling More Than $580,000 from Employer

FRESNO, CA—Shelley Corkins, aka Shelley Kimbrell, 37, of Fresno, was charged today by a federal grand jury in a 44-count indictment for embezzling money from the law firm that formerly employed her, United States Attorney Benjamin B. Wagner announced.
According to the indictment, Corkins formerly was employed by a Fresno-based law firm as a bookkeeper and accounting department supervisor. Between January 2008 and May 2012, Corkins abused her access and authority to manage the law firm’s finances and embezzled the law firm’s money for her own personal use. Corkins used her company credit card to make personal purchases at various retail outlets, including clothing and toy stores, electronically transferred funds from the law firm’s bank accounts to her own, and embezzled the law firm’s petty cash. Altogether, Corkins embezzled more than $580,000 of the law firm’s money.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Christopher Baker is prosecuting the case.
The maximum statutory penalty for each of the 44 counts of wire fraud is 20 years in prison and a $250,000 fine. The actual sentence, if convicted, will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Alabama Man Pleads Guilty to Federal Murder-for-Hire Charge for Attempting to Hire Ku Klux Klan to Kill Neighbor

WASHINGTON—A Talladega County, Alabama man pleaded guilty today in federal court to attempting to hire a member of the Ku Klux Klan to murder an African-American neighbor, the Justice Department announced today.
Allen Wayne Densen Morgan, 29, of Munford, Alabama, entered a guilty plea before U.S. District Judge Karon O. Bowdre to one count of using and causing someone else to use interstate facilities and travel—a telephone and a motor vehicle—with the intent to commit a murder-for-hire. Morgan’s sentencing is scheduled February 27, 2014, and he faces a statutory maximum penalty of 10 years in prison.
Federal officials arrested Morgan in August of 2013 after he told FBI agents posing as members of the KKK that he would pay them to murder his neighbor. Morgan admitted he offered a watch, a necklace, and a gun as payment for the murder and gave explicit details for the man’s torture and murder.
Morgan’s efforts to arrange the paid murder of his neighbor unfolded as follows, according to his plea:
Morgan talked to an undercover FBI agent by telephone on August 22, 2013, who identified himself as a KKK member. The men arranged to meet three days later at an Oxford motel to discuss payment for the murder. In that phone conversation, Morgan used a racial slur to describe the man he wanted killed and bragged that he had just fired several shots toward the man to intimidate him. Morgan also described, in detail, how he wanted the man to be “hung from a tree like a deer and gutted,” to have body parts cut off, and to “die a slow, painful death.”
“The defendant attempted to arrange the brutal murder of his neighbor as vengeance for a perceived wrong,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division of the Department of Justice. “The Justice Department will prosecute with vigor those who seek violent vigilantism.”
“This defendant’s effort to solicit a murder-for-hire is a federal crime,” Joyce White Vance, U.S. Attorney for the Northern District of Alabama said. “The prosecution here was swift and the punishment will be in a federal penitentiary. Future wrongdoers are on notice that we vigorously prosecute these crimes."
The FBI investigated the case. Assistant U.S. Attorneys Pat Meadows and John B. Felton of the Northern District of Alabama and Civil Rights Division Trial Attorney David Reese are prosecuting the case.

Former Brokerage Firm Operations Head Indicted for Tax Crimes

WASHINGTON—An indictment was unsealed today charging Dominick Pannitti, formerly of North Bellmore, New York, with tax crimes, the Justice Department announced.
According to the indictment, which was returned by a grand jury on September 26, 2013, Pannitti was head of operations at a securities brokerage firm in Syosset, New York. The securities firm had an automated system designed to adjust customers’ trading accounts for amounts less than $1,000. During 2005 and 2006, Pannitti used the automated system to credit his own trading accounts hundreds of times in increments less than $1,000. Pannitti was not entitled to most of these credits, which totaled over $570,000. Pannitti concealed from his accountant the income he obtained and failed to report the income on his tax returns.
A trial date has not been scheduled. An indictment merely alleges that a crime has been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt. Pannitti faces a potential maximum sentence of eight years in prison and a potential fine of up to $500,000.
The case was investigated by the Internal Revenue Service (IRS)-Criminal Investigation and the FBI. The case is being prosecuted by Trial Attorneys Mark Kotila and Jeffrey Bender of the Justice Department’s Tax Division.

Friday, October 25, 2013

Puerto Rico Man Sentenced to Life in Prison in 2009 Mass Shooting

WASHINGTON—David Oquendo-Rivas, 29, was sentenced today to life in prison for his role in the murder of eight people and an unborn child during a mass shooting at a Puerto Rico nightclub in 2009.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney for the District of Puerto Rico Rosa Emilia RodrĆ­guez-VĆ©lez made the announcement.
Oquendo-Rivas and his co-defendant, Alexis Candelario-Santana, were convicted by a federal jury on March 8, 2013. Oquendo-Rivas was convicted of 28 counts of committing violent crimes in aid of racketeering activity and nine counts of using a firearm in relation to a crime of violence. These offenses occurred on October 17, 2009, in what became known as the La TĆ³mbola Massacre. Candelario-Santana was sentenced to life in prison on August 28, 2013.
According to the evidence presented at trial, Oquendo-Rivas was recruited by Candelario-Santana in 2009 to assist Candelario-Santana in reinstituting control over his drug trafficking organization, which operated principally in Sabana Seca, Toa Baja, Puerto Rico. The organization purchased drugs in bulk, processed and packaged the drugs, and sold them at Sabana Seca through numerous sellers, runners, and enforcers under Candelario-Santana’s control. The organization sold crack, cocaine, heroin, and marijuana, and members of the organization routinely possessed firearms to protect its drug points.
On October 17, 2009, the new leader of Candelario-Santana’s drug trafficking organization, who had displaced Candelario-Santana, held the grand opening of a nightclub he had rented and refurbished called La TĆ³mbola, located in Toa Baja, Puerto Rico, complete with a popular live band and a festive Paso Fino horse parade, known as a “cabalgata.” The event was heavily attended, with families congregating inside and outside the establishment, most of whom had nothing to do with the drug trafficking organization and merely resided in the general area. At approximately 11:50 p.m., Oquendo-Rivas, Candelario-Santana, and others—all of whom were heavily armed—drove to La TĆ³mbola. When they arrived, they immediately opened fire indiscriminately on all the patrons located outside, many of whom were women, children, and elderly people. Oquendo-Rivas and Candelario-Santana stormed into the La TĆ³mbola, and Candelario-Santana was heard to yell “no one gets out alive” as they opened fire on the people inside.
In all, eight people and an eight-month unborn child were killed as a result of the gunfire at La TĆ³mbola, and 19 other victims were shot and injured. The evidence introduced at trial demonstrated that 335 expended shell-casings were recovered from the La TĆ³mbola crime scene. The ballistics evidence established that three AK-47-type assault rifles, one AR-15-type assault rifle, eight 9mm semi-automatic pistols, three 40-caliber semi-automatic pistols, and two 45-caliber semi-automatic pistols were used in the attack.
Oquendo-Rivas and another individual were discovered several days following the massacre with three pistols, one of which was scientifically matched to the La TĆ³mbola massacre.
The case was investigated by the FBI and the Puerto Rico Police Department, with the collaboration of the U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearm,s and Explosives; the U.S. Postal Inspection Service; Instituto de Ciencias Forenses; and the Puerto Rico Department of Justice. The case was prosecuted by First Assistant U.S. Attorney MarĆ­a Dominguez-Victoriano and Assistant U.S. Attorney Marcela C. Mateo of the U.S. Attorney’s Office for the District of Puerto Rico and Trial Attorney Bruce R. Hegyi of the Criminal Division’s Capital Case Section.

Former Employee Sentenced to Federal Prison for Stealing from Bank

MCALLEN, TX—Armando Ruben Aleman, 28, of Weslaco, has been ordered to federal prison following his conviction of one count of embezzlement, announced United States Attorney Kenneth Magidson. Aleman pleaded guilty March 27, 2013, admitting he stole more than $190,000 from the bank account of a deceased customer of BBVA Compass Bank in Mission while Aleman was an employee at that bank.
Today, U.S. District Judge Micaela Alvarez, who accepted the guilty plea, sentenced Aleman to 12 months in federal prison without parole, to be followed by two years of supervised release. At the hearing, testimony was presented by the heir to the deceased bank customer, who was entitled to receive the money in the account from which Aleman stole the funds. The heir told the court that while he harbored no resentment toward Aleman, the defendant had brought the consequences of his crime upon himself through his actions. Judge Alvarez noted that while the bank had paid the heir the money owed to him, the bank had not been able to recoup all the lost amount from Aleman. Therefore, the court ordered Aleman to pay the remaining, unrecovered $61,772 in restitution to the bank.
In determining the sentence, the court considered that Aleman had used another bank customer’s identifying information to open a bank account without authorization in order to hide the stolen funds. The court noted that the customer, through no fault of his own, was experiencing difficulties opening bank accounts because of the account Aleman had fraudulently opened using that customer’s name.
At the time of the guilty plea, Aleman admitted that during more than half of last year, while he was employed at BBVA Compass Bank, he emptied a deceased client’s account before the executor of the client’s will could retrieve the funds.
Aleman withdrew cash and forged cashier’s checks in the deceased client’s name in order to steal the funds from his account. Then, Aleman transferred the funds into an account he opened at Chase Bank using a stolen identity from another person. Aleman managed to spend and transfer to himself more than $70,000 from the fraudulently opened Chase account before his scheme was discovered and the bank froze the account.
Aleman was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by the Secret Service with the assistance of the FBI. Assistant U.S. Attorney Christopher Sully prosecuted the case.

Eight Sentenced to Federal Prison for Violent Robberies of Area Banks

HOUSTON—Eight men have been ordered to prison on charges related to the armed bank robberies of several area financial institutions, including one involving the shooting of an off-duty Harris County Sheriff’s Office (HCSO) sergeant, announced United States Attorney Kenneth Magidson.
Shelton McGowen, 24, opted to plead guilty before trial was set to begin on Tuesday, May 28, 2013. During jury selection the next day, seven more entered guilty pleas—Derrick Williams, 28; Marcus Rosemond Tarpley, 32; Reginald Mosley, 37; Joel Keon Jackson, 33; Hakim Ibn Ahmad, 31; Alonzo Horace Harris, 37; and Patrick Wayne Simmons, 29. The final two—Calvin Wesley Gray, 34, pleaded guilty the morning of opening statements, while Dwayne Holmes, 34, entered his guilty plea following the government’s opening remarks and with a witness about to take the stand.
Today, U.S. District Judge David Hittner sentenced Mosley, identified as the shooter of the off-duty officer, to a total term of 525 months in prison. He was convicted of conspiracy, three counts of bank robbery, and discharging a firearm during commission of a violent crime. Simmons, also convicted on the same five counts as Mosely, was ordered to serve a 480-month term of imprisonment. Tarpley and Ahmad, both convicted of conspiracy as well as three counts of bank robbery and brandishing a firearm during commission of a violent crime, were sentenced to respective terms of 480 and 444 months in prison, while Gray, convicted of conspiracy and two counts of bank robbery, will serve 300 months. McGowen, Jackson, and Williams were each convicted of one count of conspiracy and will serve 60 months in federal prison. The sentencings of Holmes and Harris were continued to November.
At the hearing today, additional evidence and testimony was presented including statements from the wounded officer and another victim. The officer commented upon his actions and that he would not change anything he did that day. He testified that he saw that something was going to happen and that it was his obligation as a law enforcement officer to step up and act. He further noted the effect the shooting has had on him and his family.
An 11th defendant, Anthony Demonde Nowlin, 24, had previously pleaded guilty earlier this year to bank robbery and conspiracy to interfere with commerce through bank robbery. He is set for sentencing on Monday.
The defendants were part of a sophisticated criminal organization that planned and executed violent takeover style bank robberies of banks inside grocery stores. The conspiracy began on May 4, 2007, and ended with the arrest of some of the men on September 16, 2011.
According to court records, the defendants would “case” banks and credit unions that were located in grocery stores, using force, violence, and intimidation to rob them. During the robberies, which were committed on weekday mornings between 9:00 a.m. and noon, the defendants wore dark clothing, gloves, and material over their faces and were armed with semi-automatic pistols, shotguns, and Uzi-style firearms to intimidate the bank employees. The men would also use stolen vehicles during the robberies to elude law enforcement.
During the August 4, 2011 robbery of Wells Fargo Bank in Sugar Land, the robbers shot the off-duty sergeant who was in the bank on personal business.
Tarpley, Nowlin, Ahmad, Mosley, McGowen, and Williams were arrested on the morning of September 16, 2011, on Interstate 45 North after several were observed both driving and going in and out of a stolen Dodge Intrepid. Officers later observed McGowen enter the Associated Credit Union for the purpose of casing it for a robbery. Law enforcement officers observed several suspicious vehicles one with paper plates near the Kroger that housed the Associated Credit Union on the day of their September 16 arrest. Due to previous robberies of groceries store banks and credit unions, law enforcement had reason to believe that the defendants were about to commit an armed bank robbery.
Further investigation led to the identification of the additional five defendants involved in the scheme resulting in the federal indictment for multiple bank robberies in the greater Houston area. After the dismantling of this 11-man crew, no further violent takeover-style bank robberies occurred inside bank grocery stores.
All men will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This matter was investigated by the FBI Bank Robbery Task Force, which is composed of personnel from the FBI, Houston Police Department, and HCSO, with special assistance from the Fort Bend County Sheriff’s Office and the Baytown and Pasadena Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Suzanne Elmilady and Kebharu H. Smith.

Puerto Rico Man Sentenced to Life in Prison in 2009 Mass Shooting

WASHINGTON—David Oquendo-Rivas, 29, was sentenced today to life in prison for his role in the murder of eight people and an unborn child during a mass shooting at a Puerto Rico nightclub in 2009.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney for the District of Puerto Rico Rosa Emilia RodrĆ­guez-VĆ©lez made the announcement.
Oquendo-Rivas and his co-defendant, Alexis Candelario-Santana, were convicted by a federal jury on March 8, 2013. Oquendo-Rivas was convicted of 28 counts of committing violent crimes in aid of racketeering activity and nine counts of using a firearm in relation to a crime of violence. These offenses occurred on October 17, 2009, in what became known as the La TĆ³mbola Massacre. Candelario-Santana was sentenced to life in prison on August 28, 2013.
According to the evidence presented at trial, Oquendo-Rivas was recruited by Candelario-Santana in 2009 to assist Candelario-Santana in reinstituting control over his drug trafficking organization, which operated principally in Sabana Seca, Toa Baja, Puerto Rico. The organization purchased drugs in bulk, processed and packaged the drugs, and sold them at Sabana Seca through numerous sellers, runners, and enforcers under Candelario-Santana’s control. The organization sold crack, cocaine, heroin, and marijuana, and members of the organization routinely possessed firearms to protect its drug points.
On October 17, 2009, the new leader of Candelario-Santana’s drug trafficking organization, who had displaced Candelario-Santana, held the grand opening of a nightclub he had rented and refurbished called La TĆ³mbola, located in Toa Baja, Puerto Rico, complete with a popular live band and a festive Paso Fino horse parade, known as a “cabalgata.” The event was heavily attended, with families congregating inside and outside the establishment, most of whom had nothing to do with the drug trafficking organization and merely resided in the general area. At approximately 11:50 p.m., Oquendo-Rivas, Candelario-Santana, and others—all of whom were heavily armed—drove to La TĆ³mbola. When they arrived, they immediately opened fire indiscriminately on all the patrons located outside, many of whom were women, children, and elderly people. Oquendo-Rivas and Candelario-Santana stormed into the La TĆ³mbola, and Candelario-Santana was heard to yell “no one gets out alive” as they opened fire on the people inside.
In all, eight people and an eight-month unborn child were killed as a result of the gunfire at La TĆ³mbola, and 19 other victims were shot and injured. The evidence introduced at trial demonstrated that 335 expended shell-casings were recovered from the La TĆ³mbola crime scene. The ballistics evidence established that three AK-47-type assault rifles, one AR-15-type assault rifle, eight 9mm semi-automatic pistols, three 40-caliber semi-automatic pistols, and two 45-caliber semi-automatic pistols were used in the attack.
Oquendo-Rivas and another individual were discovered several days following the massacre with three pistols, one of which was scientifically matched to the La TĆ³mbola massacre.
The case was investigated by the FBI and the Puerto Rico Police Department, with the collaboration of the U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearm,s and Explosives; the U.S. Postal Inspection Service; Instituto de Ciencias Forenses; and the Puerto Rico Department of Justice. The case was prosecuted by First Assistant U.S. Attorney MarĆ­a Dominguez-Victoriano and Assistant U.S. Attorney Marcela C. Mateo of the U.S. Attorney’s Office for the District of Puerto Rico and Trial Attorney Bruce R. Hegyi of the Criminal Division’s Capital Case Section.

Non-Native Man from Albuquerque Pleads Guilty to Assaulting a Tribal Officer on Taos Pueblo

ALBUQUERQUE—Dallas Chase Barth, 22, of Albuquerque, New Mexico, pleaded guilty this morning to a felony information charging Barth, a non-native, with assaulting an Indian with a dangerous weapon on August 28, 2013, in Taos Pueblo.
Barth was arrested on August 29, 2013, based on a criminal complaint charging him with assault with a dangerous weapon. According to the criminal complaint, on August 28, 2013, Barth stole a van belonging to a U.S. Postal Service contractor that contained U.S. mail from outside a convenience store in Espanola, New Mexico, and led officers from several law enforcement agencies on a high-speed chase to Taos Pueblo. Barth continued speeding through Taos Pueblo lands pursued by two tribal police officers in marked police vehicles.
Barth’s escapade ended when he drove to a dead end, made a U-turn, and began driving at a high rate of speed towards the two tribal officers who were standing by their parked police vehicles. One of the tribal officers had to jump out of the way in order to avoid being hit by Barth’s van, and the other tribal officer, a member of the Turtle Mountain Chippewa Tribe, narrowly escaped injury by moving towards the rear of his police vehicle. Shortly thereafter, Barth was arrested after crashing the van.
In his plea agreement, Barth admitted leading a high-speed chase that began in Espanola and ended in Taos Pueblo while driving recklessly and at high speeds as he attempted to flee from officers from several law enforcement agencies. Barth further admitted driving towards two tribal officers, including one who is a member of a federally recognized Indian tribe, at a high rate of speed with the intention of causing bodily harm to them and without any justification or excuse.
At sentencing, Barth faces a maximum penalty of 10 years in prison. Barth has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Santa Fe Resident Agency of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Taos Pueblo Department of Public Safety, the New Mexico State Police, Taos County Sheriff’s Office, and Rio Arriba Sheriff’s Office, and it is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

Kewa Pueblo Man Pleads Guilty to Second-Degree Murder Charge

ALBUQUERQUE—Dennis J. Lovato, 29, a member and resident of Kewa Pueblo, pleaded guilty this morning to a second-degree murder charge under a plea agreement with the U.S. Attorney’s Office.
Lovato was arrested on April 20, 2011, on a criminal complaint charging him with beating another Kewa Pueblo man to death outside the victim’s residence on April 15, 2011. He subsequently was indicted and charged with second-degree murder.
This morning, Lovato entered a guilty plea to the indictment and admitted killing the victim on April 15, 2011, by beating him to death with his hands and feet. Lovato admitted that he acted with malice aforethought as he beat the victim to death. According to court filings, a preliminary autopsy report indicated that the victim died as a result of multiple blunt force trauma.
Under the terms of the plea agreement, Lovato will be sentenced to 12 years in federal prison, followed by five years of supervised release. Lovato has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Santa Fe Resident Agency of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Programs and is being prosecuted by Assistant U.S. Attorneys Mark T. Baker and Holland S. Kastrin.

Albuquerque Woman Sentenced to Prison for Attempted Armed Bank Robbery Conviction

ALBUQUERQUE—Late yesterday afternoon, Emma Rosemary Hossy, 23, was sentenced to 24 months in federal prison, followed by three years of supervised release, for her attempted armed bank robbery conviction. Hossy is a naturalized U.S. citizen from South Africa who was residing in Albuquerque, New Mexico, when she was arrested in this case.
Hossy was arrested on December 9, 2012, on a criminal complaint charging her with attempted armed bank robbery. She subsequently was indicted on that same charge.
According to court records, Hossy attempted to rob the Wells Fargo Bank branch located at 8333 Montgomery Boulevard NE in Albuquerque on December 7, 2012. On that day, a woman, subsequently identified as Hossy, approached a teller station and told the teller that she needed four thousand dollars. Hossy then displayed an object and said she would press “the detonator and blow up the building” if the teller did not promptly comply with her demand. Hossy left the bank without any cash after she apparently noticed that the teller had pressed an emergency button located under the counter of the teller station.
Hossy was arrested two days later after an anonymous tipster provided information about her whereabouts after seeing bank surveillance camera photographs of Hossy in news reports. Following Hossy’s arrest, the bomb squads of the FBI and Albuquerque Police Department located the object displayed by Hossy during the attempted bank robbery and determined that it was a hoax bomb device.
Hossy pleaded guilty to the indictment on June 20, 2013, without the benefit of a plea agreement.
This case was investigated by the Albuquerque Field Office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney William J. Pflugrath

Former Finance Director Sentenced to Prison

BATON ROUGE, LA—Acting United States Attorney Walt Green announced today that U.S. District Judge James J. Brady sentenced Kiamani A. Beasley, age 28, of Jeanerette, Louisiana, to 12 months and a day imprisonment and 12 months of supervised release following imprisonment. The sentence results from Beasley’s conviction for embezzlement from a federally funded entity in violation of Title 18, United States Code, Section 666.
Beasley’s conviction stems from actions she took while serving as finance director of the Louisiana Association of Community Action Partners (LACAP), a non-profit organization that receives funding from the federal government’s American Recovery and Reinvestment Act Program. LACAP was established to organize and strengthen the 42 private and public Community Action Agencies (CAAs) in Louisiana. CAAs were established to address the effects and causes of poverty and to increase self-sufficiency among the poor. CAAs implemented many educational and health-oriented programs funded by the federal government. As finance director of LACAP, Beasley was responsible for overseeing the financial integrity of the organization, including the accounting and distribution of federal funds.
Beasley admitted that, while working for LACAP, she used her position of trust to embezzle $50,858, funds that were to be used for computer software training and weatherization services. Beasley further admitted to using the funds for her personal entertainment.
The investigation of this matter was conducted by the U.S. Department of Energy-Office of Inspector General and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Reginald E. Jones.

Four Former City Officials in Martin Indicted on Fraud Charges

LONDON—A former mayor of Martin, Kentucky; her daughter; and two other city employees have been indicted for engaging in a scheme to defraud the Social Security Administration (SSA) and to misapply federal funds.
The federal indictment filed on Wednesday names former Martin Mayor Ruth Thomasine Robinson, 69; her daughter, Rita Christine Whicker, 42, who formerly directed the Martin Community Center; Ginger Michelle Halbert, 42, a volunteer city employee who worked closely with Robinson; and Ethel Lee Clouse, 68, the bookkeeper for the city.
All four defendants have been charged with conspiracy to defraud the SSA, an agency of the United States; theft of Social Security disability benefits; and aggravated identity theft. Halbert, Whicker, and Robinson were also charged with misappropriating money from a federal program. The final count of the indictment charges Halbert with knowingly failing to report her employment and earnings to the Social Security Administration.
According to the indictment, from 2006 until January 2013, Halbert, who purportedly worked on a volunteer basis, was secretly being paid with federal funds that were primarily intended for the Martin Community Center and the Martin Housing Authority. To conceal the scheme, the defendants allegedly arranged for the checks to be made payable to Halbert’s son.
The indictment further alleges that Halbert, who was receiving Social Security disability benefits, intentionally failed to notify SSA of her earned income from the city of Martin. Under federal law, anyone who receives disability benefits is limited in the amount of money he or she can receive from another source and all income must be reported to the SSA so it can properly determine eligibility for benefits.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky; Perrye Turner, Special Agent in Charge of the Federal Bureau of Investigation; Guy Fallen, Special Agent in Charge, Social Security Administration, Office of the Investigator General, Office of Investigations; and Jack Conway, Attorney General of Kentucky, jointly made the announcement today.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation, Social Security Administration, and the Attorney General’s Office. The indictment was presented to the grand jury by Assistant United States Attorney Kenneth R. Taylor.
The defendants’ appearance before the United States District Court has not yet been set by the court in Pikeville. The charges of conspiracy and Social Security fraud carry a maximum of five years in prison; the charge of misappropriating money from a federal program carries a maximum penalty of 10 years in prison; and the aggravated identity theft charge has a mandatory minimum penalty of two years in prison upon a conviction.
The indictment of a person by a grand jury is an accusation only, and that person is presumed innocent unless proven guilty.

Mississippi Man Charged with Attempted Online Extortion of the University of Louisville Athletic Association

LOUISVILLE, KY—A Jackson, Mississippi man was charged by a federal grand jury meeting in Louisville, Kentucky, on October 16, 2013, with a single count of extortion by means of a threatening communication, announced David J. Hale, United States Attorney for the Western District of Kentucky. The federal indictment was unsealed today, following the arrest this morning of Thomas E. Ray, age 35, in Mississippi, by the U.S. Marshal Service.
According to the indictment, Ray, using the alias “Melinda White,” knowingly sent an e-mail communication from his home in Jackson to the commonwealth of Kentucky on April 23, 2013, with the intent to extort $3.5 million from an association and corporation by threatening to injure the reputation of the University of Louisville Athletic Association.
If convicted, Ray faces no more than two years in prison, a maximum fine of $250,000, and a one-year period of supervised release. His initial appearance on the charge was held today, in U.S. District Court located at 501 E. Court Street, Jackson, Mississippi, in the Southern District of Mississippi. Ray posted a $10,000 bond and was ordered to appear in Louisville District Court on November 7, 2013, at 11:00 a.m.
This case is being prosecuted by Assistant United States Attorney A. Spencer McKiness and is being investigated by the Federal Bureau of Investigation (FBI) and Office of the Kentucky Attorney General.
The indictment of a person by a grand jury is an accusation only and that person is presumed innocent until and unless proven guilty.

Orange County Man Sentenced in Mortgage Fraud Scheme

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that defendant Bhardwaaj “Deo” Seecharan, 53, of Orange County, was sentenced yesterday for his participation in an extensive mortgage fraud scheme. The defendant was sentenced by U.S. District Judge Jose E. Martinez to 60 months in prison, followed by five years of supervised release. In addition, Bhardwaaj Seecharan was ordered to pay $2,040,343.14 in restitution to the victim banks.
Bhardwaaj Seecharan previously pled guilty to conspiracy to commit bank fraud involving $3.5 million in diverted real estate escrow funds, in violation of Title 18, United States Code, Sections 1349 and 1344.
According to statements made in court and publicly filed documents in the case, on December 9, 2010, Bhardwaaj Seecharan, his wife Gergawattie “Kamla” Seecharan, and two others were indicted on bank fraud, conspiracy, money laundering, and related mortgage fraud charges. According to the charges, the Seecharans, along with their two co-defendants, conspired to solicit mainly Guyanese residents of Florida and other states to act as straw buyers on fraudulent applications for more than $50 million worth of mortgage loans in connection with the purchase of more than 150 homes in Indian River County, Miami-Dade County, and elsewhere. Approximately 80 individuals served as straw buyers of properties in Vero Lake Estates (VLE), in Indian River County, and other developments. This scheme resulted in the issuance of more than $50 million in fraudulent mortgage loans. The proceeds were then used to buy more properties, sustain the deception, service preexisting mortgage loans in the scheme, and pay kickbacks to the straw buyers.
In addition, Kamla Seecharan and codefendant Linda Rovetto unlawfully diverted more than $3.5 million in mortgage loans from real estate closing escrow accounts to Raviworld New Homes Inc., a company managed by Kamla Seecharan’s husband and co-defendant Bhardwaaj Seecharan.
Linda Rovetto was sentenced on August 21, 2012, by Judge Martinez to 42 months in prison for her part in the bank fraud. Kamla Seecharan was sentenced on September 25, 2012, to 121 months in prison.
Mr. Ferrer commended the investigative efforts of the FBI. Mr. Ferrer also thanked the State of Florida Office of Financial Regulation, Bureau of Finance, West Palm Beach Regional Office for their work on this investigation. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

Two Men Involved in Organized Crime-Controlled Gambling Ring Sentenced to Federal Prison

Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that two men involved in organized crime-controlled gambling businesses were sentenced today in Hartford federal court. U.S. District Judge Vanessa L. Bryant sentenced Richard Uva, 45, of Trumbull, to 46 months of imprisonment, followed by three years of supervised release. Uva was also ordered to forfeit $250,000. Victor Amereno, 43, of Stamford, was sentenced to six months of imprisonment, followed by three years of supervised release, and was ordered to forfeit $15,000.
According to court documents and statements made in court, after a long-term investigation led by the FBI Fairfield County Organized Crime Task Force, the Internal Revenue Service-Criminal Investigation, and the Stamford Police Department, Uva, Amereno, Dean DePreta, and 17 other individuals were charged with various offenses related to their involvement in an illegal Internet sports bookmaking operation and illegal card gambling clubs in Stamford and Hamden. Uva and DePreta are alleged associates of the Gambino organized crime family.
The investigation, which included the use of court-authorized wiretaps, revealed that Uva assisted DePreta’s operation of a large-scale sports bookmaking business in which gamblers placed bets with offshore Internet sports-gambling websites, particularly www.44wager.com based in Costa Rica. Uva served as the “master agent” for the bookmaking operation and supervised a network of bookmakers, including Amereno.
In addition, DePreta, Uva, and others operated a card gambling club at 2965 State Street in Hamden, where a house percentage, commonly referred to as a “rake,” was collected from every hand played. Uva supervised the club’s operation.
Uva has also admitted that he committed acts of extortion while participating in this racketeering enterprise ad collected “tribute” payments from independent sports bookmakers operating in Connecticut. A portion of the payments were delivered to Gambino family associates in New York.
FBI analysis of the sports-betting website utilized by the co-defendants has determined that the total gross revenues of the Stamford-based gambling operation were nearly $1.7 million from October 2010 to June 2011.
On April 28, 2011, investigators executed a search warrant at Uva’s former residence in Stamford and seized approximately $175,000 in cash.
Uva has been released on bond since his arrest on June 13, 2013. On August 5, 2013, he pleaded guilty to one count of conspiring to violate the federal Racketeer Influenced and Corrupt Organizations (RICO) Act.
DePreta pleaded guilty to the same charge and, on October 9, 2013, he was sentenced to 71 months of imprisonment and was fined $50,000 and was ordered to forfeit $300,000.
Amereno pleaded guilty on April 1, 2013, to one count of operating an illegal gambling business.
To date, 18 defendants who have pleaded guilty have agreed to forfeit approximately $1.4 million.
This matter is being investigated by the FBI Fairfield County Organized Crime Task Force, the Internal Revenue Service-Criminal Investigation, the Stamford Police Department, the Bridgeport Police Department, and the Connecticut State Police. This case is being prosecuted by Assistant U.S. Attorneys Hal Chen and Peter Jongbloed.

Norwalk Man Sentenced to 57 Months in Federal Prison for Extorting $200,000 from Fairfield County Victim

Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that Joseph Casolo 45, of Norwalk, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 57 months of imprisonment, followed by three years of supervised release, for extorting approximately $200,000 from a Fairfield County businessman.
According to court documents and statements made in court, between approximately September 2010 and December 2011, Casolo extorted money from a small-business owner in Fairfield County by impersonating organized crime figures. Casolo threatened the victim in person, in phone conversations, and in text messages using multiple personas, repeatedly stating or implying that if the victim failed to make the extortion payments, the victim, the victim’s spouse, and the victim’s daughter would be harmed with violence. Casolo also enlisted the assistance of an individual who identified himself as “Lorenzo,” the organized crime family’s “enforcer,” and made multiple threatening calls to the victim at Casolo’s direction.
The investigation has revealed that the victim made more than $200,000 in cash payments to Casolo as a result of his threats. Casolo shared a portion of these funds with the individual who played the role of Lorenzo.
Casolo has been detained since his arrest on November 20, 2012. On August 1, 2013, he pleaded guilty to one count of extortion.
This matter is being investigated by the FBI Fairfield County Organized Crime Task Force, the Internal Revenue Service-Criminal Investigation, the Stamford Police Department, the Bridgeport Police Department, and the Connecticut State Police. This case is being prosecuted by Assistant United States Attorney Hal Chen.

Twelve Charged in ATM Card Skimming Scheme That Caused Thousands of Dollars in Losses to Banks

LOS ANGELES—Twelve members of an organized criminal group operating in southern California have been charged for their roles in an ATM skimming conspiracy that victimized U.S. banks and customers, causing losses in the hundreds of thousands.
Nine of the 12 defendants were charged with conspiracy to commit bank fraud in a criminal complaint unsealed yesterday in United States District Court. Three defendants were charged in connection with the conspiracy in a second criminal complaint filed today.
The complaints allege that the defendants obtained or manufactured skimming devices to be placed over ATM card readers in order to obtain information on customers’ debit cards. The complaints further allege that the defendants installed mini video cameras that would capture personal identification numbers (PINs). After obtaining this information, the defendants allegedly replicated the data on blank bank and gift cards. Utilizing the newly coded bank cards and captured PINs, the defendants allegedly made cash withdrawals from ATMs in Los Angeles, Orange County, Las Vegas, and San Francisco.
The criminal complaints charge the following defendants with conspiracy to commit bank fraud:
  • Oliver Raducu Marian, aka Tyrone Steven Constant, a fugitive, age, 33
  • Gheorghita Vlasin, of Los Angeles, age 26
  • Petru Olteanu-Ursachi, of Los Angeles, age 36
  • Bogdan Ciuchi, a fugitive, age 29
  • Codrin Marian Lupu, of Los Angeles
  • Adrian Saran, of Los Angeles, age 36
  • Marius Robert
  • Manciu Claudiu Buculei, a fugitive, age 37
  • Roman Florin Buciumi, of Los Angeles
  • Vasile Gabriel Branisteanu, of Los Angeles
  • Cotovanu Claudiu-Dumitru, of Los Angeles, age 31
  • Calian Marios Dumitru, of Los Angeles
On Tuesday morning, agents and officers with multiple law enforcement agencies executed arrest and search warrants in Los Angeles. Six of the defendants charged in the first complaint were apprehended without incident. Three additional individuals located during the execution of the warrants were also taken into custody and charged in the second criminal complaint. All the defendants are expected to be in federal court this afternoon for initial appearances. The three remaining defendants are fugitives believed to be overseas and are currently being sought by investigators.
Six federal search warrants were executed throughout the day on Wednesday when investigators found hundreds of thousands of dollars in cash and credit card skimming equipment.
If convicted of the charge in the complaint, the defendants each would face a statutory maximum penalty of 30 years in federal prison.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.
This case is a continuing joint investigation by the Federal Bureau of Investigation, the Los Angeles Police Department, the Las Vegas Metropolitan Police Department, Homeland Security Investigations, and the United States Secret Service.
The defendants will be prosecuted by the United States Attorney’s Office.

Indictment Unsealed and Wanted Posters Issued for Fugitives Charged in Multi-Million-Dollar International Cyber Fraud Scheme

Earlier today, charges were unsealed against Romanian fugitive Nicolae Popescu, the leader of an international organized crime syndicate that ran a multi-million-dollar cyber fraud scheme, and six other fugitives charged with participating in the same scheme. Interpol has issued red notices to foreign law enforcement partners seeking assistance in the apprehension of these fugitives, and the FBI has also released wanted posters (links to which are at the conclusion of this release) to facilitate their arrests.
The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; George Venizelos, Assistant Director in Charge, Federal Bureau of Investigation (FBI), New York Office; and Mythili Raman, Acting Assistant Attorney General of the Justice Department’s Criminal Division.
Popescu, Romanian nationals Daniel Alexe (who may also go by the name "Alexe Daniel), Dmitru Daniel Bosogioiu, Ovidiu Cristea, and Dragomir Razvan, and a defendant who goes by the names “George Skyper” and “Tudor Barbu Lautaru,” as well as Albanian national Fabjan Meme, were originally charged in a criminal complaint with six other defendants for their participation in a cyber fraud conspiracy that targeted primarily American consumers on such U.S.-based websites as Cars.com and AutoTrader.com. Their six co-defendants were arrested in a coordinated international takedown on December 5, 2012, but Popescu, Alexe, Bosogioiu, Cristea, Razvan, and Meme have remained at large. (Three defendants, Cristea Mircea, Ion Pieptea, and Nicolae Simion, were arrested in Romania and extradited to the United States in March 2013. Defendant Emil Butoi was arrested in the United Kingdom and also recently extradited to the United States. The Czech Republic has ordered defendant Aurel Cojocaru’s extradition and defendant Nicolae Ghebosila is still engaged in extradition proceedings in Canada.)
As alleged in the complaint and subsequent indictment, the defendants participated in a long-term conspiracy to saturate Internet marketplace websites including eBay, Cars.com, AutoTrader.com, and CycleTrader.com with detailed advertisements for cars, motorcycles, boats, and other high-value items—generally priced in the $10,000 to $45,000 range—that did not actually exist. The defendants employed co-conspirators who corresponded with the victim buyers by e-mail, sending fraudulent certificates of title and other information designed to lure the victims into parting with their money. The defendants allegedly even pretended to sell cars from non-existent auto dealerships in the United States and created phony websites for these fictitious dealerships. As part of the scheme, the defendants produced and used high-quality fake passports to be used as identification by co-conspirators in the United States, including Razvan (who previously resided in California), to open American bank accounts. After the “sellers” reached an agreement with the victim buyers, they would often e-mail them invoices purporting to be from Amazon Payments, PayPal, or other online payment services, with instructions to transfer the money to the American bank accounts used by the defendants. The defendants and their co-conspirators allegedly used counterfeit service marks in designing the invoices so that they would appear identical to communications from legitimate payment services. The illicit proceeds were then withdrawn from the U.S. bank accounts and sent to the defendants in Europe by wire transfer and other methods.
The complaint and indictment describe the extent to which Popescu, in particular, led the conspiracy. Among other things, Popescu coordinated the roles of the various participants in the scheme—he hired and fired passport makers based on the quality of the fake passports they produced, supervised co-conspirators who were responsible for placing the fraudulent ads and corresponding with the victims, and ensured that the illicit proceeds transferred to the U.S. bank accounts were quickly collected and transferred to himself and others acting on his behalf in Europe. Popescu also allegedly directed Cristea to obtain and transfer luxury watches purchased using the illegal proceeds of the scheme, including three Audemars Piguet watches with a combined retail value of over $140,000, to his associates in Europe. It is estimated that the defendants earned over $3 million from the fraudulent scheme.
According to the charging documents, Popescu and his close associate Bosogioiu demonstrated that they were aware of the risks of prosecution in the United States. In a recorded conversation on October 23, 2011, Bosogioiu asked about the difference between federal and state law in the United States and vowed to avoid the FBI. Popescu, meanwhile, predicted on July 28, 2011, that “criminals will not be extradited from Romania to U.S.A....[I]t will never happen.”
“Using forged documents and phony websites, for years Popescu and his criminal syndicate reached across the ocean to pick the pockets of hard working Americans looking to purchase cars. They thought their distance would insulate them from law enforcement scrutiny. They were wrong. By now, Popescu and his band of fugitives have seen their co-conspirators brought here to account for their crimes. Today’s actions place them squarely in the sights of our partners in international law enforcement,” said United States Attorney Lynch. “We will not stop in our efforts to find these fugitives and bring them to justice for the crimes they have allegedly committed against our citizens.”
“As alleged, the defendants infiltrated the cyber marketplace with advertisements for high-value items that didn’t exist. They siphoned funds from victims to fuel their greedy desires and created false identities, fake websites, and counterfeit certificates of title in order to make the scheme more convincing. Popescu and his co-conspirators were masters of illusion, but they can’t escape their ultimate reality. With the help of our law enforcement partners at home and abroad, we will bring them to justice,” said FBI Assistant Director in Charge Venizelos.
“Today, we have unsealed charges—and issued wanted posters and Interpol red notices—for a band of dangerous cyber criminals who are alleged to have stolen millions of dollars from unsuspecting consumers around the globe,” said Acting Assistant Attorney General Raman. “As described in the indictment, the leader of this band of thieves openly proclaimed that he is beyond the reach of the U.S. criminal justice system. But with the help of our international partners, we will track down and capture every alleged member of this criminal syndicate, no matter where they are hiding.”
The charges in the complaint and the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Assistant U.S. Attorneys Cristina Posa, Nadia Shihata, and Claire Kedeshian of the U.S. Attorney’s Office for the Eastern District of New York and Trial Attorney Carol Sipperly of the Criminal Division’s Fraud Section.
The offices of the FBI Legal Attachés in Romania, the Czech Republic, the United Kingdom, Canada, and Hungary were instrumental in coordinating efforts with the United States’ international partners, and the U.S. government thanks its partners in Romania, the Czech Republic, Hungary, the United Kingdom, Canada, and Germany for their close cooperation throughout this investigation. The Criminal Division’s Computer Crime and Intellectual Property Section, Office of International Affairs, and Asset Forfeiture and Money Laundering Section, as well as the International Organized Crime Intelligence and Operations Center; the Internet Crime Complaint Center; the Costa Mesa, California Police Department; the Orange County, California District Attorney’s Office; and the New York City Police Department also provided assistance in the investigation.
Wanted posters:
- Nicolae Popescu
- Dmitru Daniel Bosogioiu- Ovidiu Cristea
- Dragomir Razvan- Fabjan Meme

Former Employee of Amherst Technology Firm Indicted for Stealing Trade Secrets

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has filed a seven-count indictment charging Yi Liu, 40, of Lexington, South Carolina, with stealing trade secrets from Sprung-brett RDI, a technology firm located in the University of Buffalo’s Technology Incubator on Sweet Home Road in Amherst. Liu was also charged with unlawfully accessing a Sprung-brett computer, the interstate transportation of the stolen trade secrets, and wire fraud for attempting to obtain pay from Sprung-brett to which he was not entitled.
The charges carry a maximum penalty of 60 years in prison, a $3,500,000 fine, or both.
Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that according to the indictment, Liu, who holds a Ph.D. in mechanical engineering from the University of Waterloo (Ontario), left Sprung-brett’s employ in February 2011. For seven months following his departure, the defendant retained the laptop computer that Sprung-brett had provided to him while he was employed by the company. During this time, Liu allegedly downloaded electronic files onto an external hard drive that comprised Sprung-brett trade secrets about “electric actuation system technology,” technology that the company was developing for possible use in nuclear submarines and on U.S. Air Force fighters. The indictment further states that the defendant later disclosed those trade secrets.
“Protecting scientific and technological innovations developed by businesses and entrepreneurs is of primary importance not just to those who create the idea but to our region and country,” said U.S. Attorney Hochul. “This office will protect the intellectual property of our residents and will vigorously prosecute those who attempt to steal it.”
At the time of Liu’s arrest, FBI agents searched his Lexington, South Carolina home and his office and workspace at the Apex Tool Group in Lexington. Agents seized computers and documents that are currently being analyzed.
The indictment is the result of an investigation by the Buffalo Office of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the Columbia, South Carolina Office of the Federal Bureau of Investigation, under the direction of Special Agent in Charge David Thomas.

Thursday, October 24, 2013

Federal Jury Convicts Real Estate Agent and Loan Processor on Racketeering Charges

CHARLOTTE, NC—Following a week-and-a-half-long trial, a federal jury today convicted a real estate agent and a loan processor on all charges relating to a $75 million racketeering conspiracy, announced the U.S. Attorney’s Office for the Western District of North Carolina. Today’s convictions are the latest in Operation Wax House, an investigation that began in 2007 and has netted 91 defendants to date, 80 of whom have pleaded guilty or have been convicted following a trial.
Nathan Shane Wolf, 42, of Charlotte, a licensed real estate agent in North Carolina, was convicted on all three charges against him in the indictment: racketeering conspiracy, bank fraud, and money laundering conspiracy.
Denetria Montresa Myles, 42, of Charlotte, a loan processor and licensed notary public in North Carolina, was also convicted of all charges against her in the indictment: racketeering conspiracy, and bank fraud.
The United States Attorney’s Office is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Jeannine A. Hammett, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI).
The federal criminal trial began on Tuesday, October 15, 2013, before Senior U.S. District Judge Graham Mullen. According to evidence introduced at trial, the enterprise operated from about 2005 until 2012, when indictment was unsealed. The enterprise engaged in an extensive pattern of racketeering activities, which included investment or securities fraud, mortgage fraud in the form of wire fraud and bank fraud, and money laundering.
According to trial evidence, defendants Wolf and Myles were participants in the enterprise’s mortgage fraud operations, accounting together for over $13 million in fraudulently obtained loans. Witnesses testified that Wolf arranged for builders of luxury real estate to pretend to sell such real estate at an inflated price—what Wolf called the “gross price”—in order to get an inflated mortgage loan from a bank. In reality, the builders accepted the true, lower, price—what Wolf called the “strike price”—while Wolf arranged for the difference between the inflated price and the true price to be paid from the loan proceeds as kickbacks. Such kickbacks were funneled through sham companies and disguised to look like payments for work actually done on the real estate. The evidence established that the work was never done, but instead these kickbacks were payments to the buyers and promoters who helped bring the parties to the fraud together. According to the evidence at trial, the kickbacks generally ranged from approximately $50,000 to almost $600,000.
According to trial testimony, defendant Myles was a promoter for the enterprise, working with one of her co-conspirators also charged in the superseding indictment, Nazerre Saddig (currently a fugitive), to purchase a luxury home so that Myles could receive a $100,000 kickback disguised as a payment for “upgrade repairs” that were never done. According to trial evidence, Myles also purchased one such home in her own name for a kickback of nearly $80,000, paid to a company in the name of her husband. In other transactions, Myles facilitated the identity theft of a victim whose name and credit information was used to buy two homes and obtain in excess of $1 million in loans by Myles falsely notarizing that the victim had signed the loan documents, when, in fact, the victim’s identity had been stolen and the victim never signed the documents nor appeared in front of Myles.
Following the jury’s convictions, both defendants consented to forfeiture in an amount to be determined and were released on bond pending the scheduling of their sentencing hearings. At sentencing, Wolf faces a maximum prison term of 70 years, and Myles faces a maximum prison term of 50 years. In determining their actual sentence, the Court will consider the U.S. Sentencing Guidelines, which are not binding but provide advisory sentencing ranges. Sentencing dates for the defendants have not been set yet.
Twenty-six defendants were charged in the case. Eleven defendants remain for trial, including two who are international fugitives. Each remaining defendant and his or her status are listed below.
  • Ramin Amini, 45, of Tehran, Iran, is charged with racketeering conspiracy, mortgage fraud and money laundering conspiracy. Role: Leader and promoter in the scheme. Status: International fugitive.
  • Frank DeSimone, 41, of Charlotte, is charged with racketeering conspiracy, securities fraud, wire fraud to defraud investors, and money laundering conspiracy. Role: Promoter. Status: On bond; scheduled for trial in January 2014.
  • Lori Dooley, 49, of Washington, D.C. is charged with racketeering conspiracy, mortgage fraud, and bank bribery. Role: Promoter. Status: Detained; scheduled for trial after January 2014.
  • Toby Hunter, 38, of Fort Mill, South Carolina, is charged with racketeering conspiracy, securities fraud, wire fraud to defraud investors, and money laundering. Role: Promoter. Status: On bond; scheduled for trial January 2014.
  • Steven Jones, 45, of Waxhaw, is charged with securities fraud, wire fraud to defraud investors, money laundering conspiracy, and racketeering conspiracy. Role: Promoter. Status: On bond; scheduled for trial January 2014.
  • Kurosh Mehr, 52, of Charlotte is charged with racketeering conspiracy, mortgage fraud and money laundering. Role: Promoter and buyer. Status: On bond; scheduled for trial after January 2014.
  • Ann Tyson Mitchell, 62, of Charlotte, is charged with racketeering conspiracy, mortgage fraud, and money laundering. Role: Facilitator. Status: On bond; scheduled for trial after January 2014.
  • John Wayne Perry, Jr., 32, of Charlotte, is charged with racketeering conspiracy and money laundering conspiracy. Role: Promoter. Status: On bond; scheduled for trial after January 2014.
  • Nazeere Saddig, 41, formerly of Charlotte, is charged with racketeering conspiracy and mortgage fraud. Role: Promoter and buyer. Status: International fugitive.
  • Carrie Tyson, 59, of Winterville, North Carolina, is charged with racketeering conspiracy, securities fraud, mortgage fraud, wire fraud to defraud investors, and money laundering. Role: Leader and promoter. Status: Detained (bond review pending); scheduled for trial January 2014.
  • James Tyson, Jr., 32, of Dakar, Senegal, is charged with racketeering conspiracy, securities fraud, mortgage fraud, wire fraud to defraud investors, bank bribery, and money laundering. Role: Leader and promoter. Status: Detained; scheduled for trial January 2014.
Operation Wax House in the Western District of North Carolina is being handled by the Charlotte Division of the FBI and the Criminal Division of the IRS for the Financial Fraud Enforcement Task Force, along with the Securities Division of the North Carolina Secretary of State. The United States Attorney’s Office also relied heavily on the expertise and assistance of the North Carolina Real Estate Commission. The Wolf and Myles prosecution for the government was handled by Assistant United States Attorneys Kurt W. Meyers and Maria K. Vento. Today’s announcement is part of an effort by President Obama’s Financial Fraud Enforcement Task Force (FFETF), created in November 2009, to combat financial fraud crimes by waging aggressive, coordinated, and proactive investigations and prosecutions. With more than 20 federal agencies, 94 U.S. attorneys' offices, and state and local partners, the task force 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. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
The names and case numbers of the all the defendants charged to date in Operation Wax House are listed below, organized by their alleged role in the scheme.

Attorneys and Paralegals
Crawford/Mallard, Michelle 3:11cr374
Gates, Christine 3:09cr100
Norwood, Kelli, 3:09cr162
Rainer, Demetrius 3:08cr239/241
Smith, Troy, 3:08cr264
Bank Insiders
Brown, Jamilia, 3:10cr124
Eason, Danyelle, 3:10cr116
Henson, Vic. F., 3:10cr124
Jackson, Mitzi, 3:11cr374
Ramey, Bonnie Sue, 3:10cr124
Builders and Sellers
Fink, James, 3:11cr374
Jackson, Jennifer, 3:09cr241
Smith, Kelvis, 3:12cr238
Viegas, Jeffrey, 3:12cr298
Wittig, Mark, 3:12cr335
Wood, Gary, 3:09cr208
Facilitators and Financiers
Hickey, Denis, 3:09cr103
McClain, Landrick, 3:10cr124
Mitchell, Ann Tyson, 3:12cr239
Panayoton, Sherrill, 3:11cr176
Taylor, Alicia Renee, 3:10cr124
Wilson, Willard, 3:09cr161
Buyers
Banks, Arketa, 3:12cr297
Clarke, Benjamin, 3:12cr239
Hillian, Kirk, 3:12cr83
Mathis, Charles, 3:10cr1
Mobley, Sarena, 3:10cr124
Moore, George, 3:12cr337
Richards, Dan, 3:10cr119
Smith, Kevin, 3:12cr341
Tyler, Glenna, 3:11cr200
Vaughn, Mary, 3:12cr329
Wallace, Jamaine, 3:12cr330
Wellington, William, 3:12cr333
Mortgage Brokers
Bradley, Bonnette, 3:12cr299
Clarke, Linda, 3:10cr120
Flood, Ericka, 3:10cr124
Goodson-Hudson, Crystal, 3:12cr339
Mahaney, Robert, 3:12cr340
Scagliarini, Coley, 3:11cr374
Staton, Walter, 3:10cr113
Vaughn, Danielle, 3:12cr329
Williams, Marcia, 3:12cr334
Williams, Sean, 3:12cr336
Woods, Joseph, 3:09cr178
Real Estate Agents
Belin, Chris, 3:11cr374
Clark, Christina, 3:09cr44
Lee, Shannon, 3:12cr338
Pasut, Holly Hardy, 3:12cr331
Wolf, Nathan Shane, 3:12cr239
Wood, Gary, 3:09cr208
Promoters
Amini, Ramin, 3:12cr239
Barnes, Vonetta Tyson, 3:12cr239
Brown, William, 3:12cr239
Bumpers, Travis, 3:12cr239
Carr, Stephen, 3:10cr124
Clarke, Reuben, 3:10cr120
Coleman, Gregory, 3:10cr118
Desimone, Frank, 3:12cr239
Dooley, Lori, 3:12cr239
Hitchcock, Jimmy, 3:11cr374
Hubbard, Glynn, 3:12cr239
Hunt, Victoria, 3:12cr239
Hunter, Toby, 3:12cr239
Johnson, Ralph, 3:12cr239
Jones, Steven, 3:12cr239
Jones, Tyree, 3:10cr230
Marshall, Michael, 3:07cr283
McDowell, John, 3:12cr239
Notary Public
Willis, Anthony, 3:09cr218
Myles, Denetria, 3:12cr239
Appraiser
Darden, Clinton 3:10cr108

Shiprock Man Sentenced to 57 Months for Aiding and Abetting an Armed Robbery on the Navajo Indian Reservation

ALBUQUERQUE—Neilson McKensley, 49, an enrolled member of the Navajo Nation who resides in Shiprock, New Mexico, was sentenced this morning to 57 months in federal prison followed by three years of supervised release for his conviction for aiding and abetting an armed robbery in Indian Country.
McKensley was arrested on November 13, 2012, on a criminal complaint charging him with being an accomplice to an armed robbery of a residence in Shiprock on October 26, 2012. He subsequently was indicted on that same charge. McKensley has been in federal custody since his arrest.
According to court records, McKensley assisted Randy Coolidge, 46, in robbing the residence of an acquaintance in the early hours of October 27, 2012, by driving Coolidge to the residence. After putting duct tape over his face to conceal his identity, Coolidge approached the residence armed with a pistol. When Coolidge tried to push his way into the residence, the victim attempted to take the pistol away from Coolidge. As the two men fought over the pistol, the pistol discharged, and Coolidge was shot in the chest and stomach. Coolidge subsequently died of his wounds. The victim then realized that McKensley, whose face also was covered with black duct tape and who was armed with a steel pipe, was standing by his door. After attempting unsuccessfully to drag Coolidge from the residence, McKensley left Coolidge behind and drove away. Officers initiated the investigation leading to McKensley’s arrest after Coolidge’s body was found shortly thereafter.
On May 6, 2013, McKensley pleaded guilty to the indictment and admitted driving Coolidge to the victim’s residence knowing that Coolidge intended to take items of value from the victim by force and violence. McKensley also admitted that he intended to help Coolidge rob the victim.
This case was investigated by Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and it was prosecuted by Assistant U.S. Attorney Mark T. Baker.