SYRACUSE, NY—Paul Raymond Ross, 59, of Endwell, new York, pled guilty today in United States District Court before the Honorable Thomas J. McAvoy to interstate stalking of a former witness against him in a previous federal prosecution—announced United States Attorney Richard S. Hartunian. In 2008, Ross pled guilty to making extortionate demands for $20,000 from a victim who has been identified publically by the initials K.O.D. The victim in that previous case provided assistance to the Federal Bureau of Investigation, including by producing copies of threatening communication received from the defendant. As a result of his plea in that earlier case, Ross was sentenced to 27 months in prison, followed by three years of supervised release. Upon completion of his sentence, Ross immediately began to stalk KOD electronically. That is, Ross began to send out thousands of electronic messages to the victim’s clients, her employees, the media, and, via the mail, to the victim in any effort to harass, injure, and cause her severe emotional distress and financial damage. Ross posted threatening photographs and made false statements about her.
On October 31, 2013, Ross was indicted by a federal grand jury for retaliation against a witness and interstate stalking. He is being held in pretrial detention. His guilty plea today subjects him to a maximum possible penalty of five years in jail, a $250,000 fine, and three years of supervised release. Sentencing has been set for June 4, 2014 at 9:30 a.m. in Binghamton, New York.
This matter was investigated by special agents of the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney Craig A. Benedict, who may be reached at 315-448-0672 with questions about the case.
Showing posts with label stalking. Show all posts
Showing posts with label stalking. Show all posts
Monday, March 10, 2014
Tuesday, January 7, 2014
N.J. Woman Sues Home Developer Over 'Aggressive, Hostile' Neighbor
When Cyndee Phoenix, 53, bought a home in October, she thought she found the perfect neighborhood in a planned real estate development in Mays Landing, N.J., about 19 miles west of Atlantic City. But she says her life has been far short of perfect thanks to a cantankerous neighbor.
And now Phoenix is claiming the developer who sold her the unit "knowingly concealed" that a "dangerous individual" would be her future neighbor, which she alleges is material misrepresentation and fraud, according to the lawsuit filed last week in Atlantic County Superior Court of New Jersey.
"At the time Ms. Phoenix expressed interest in one of the units, the defendant knew there was a neighbor directly across the street who, for lack of better words, was a tremendous thorn in the side of Lennar," said her attorney, Brett Datto.
Lennar Corp., a national homebuilder headquartered in Miami, is the seller of Phoenix's new home and the target of her lawsuit. Phoenix says Lennar should have informed her about her neighbor across the street, who is named in the lawsuit.
"We contend Lennar omitted material information so that Ms. Phoenix would purchase the home," said Datto. "Omission of a material fact is an element of fraud. You can commit fraud under most jurisdictions by omitting material information."
Phoenix, a community outreach director for a casino, says the neighbor has directed "increasingly harassing" behavior at her family, including her mother and sister. Those incidents allegedly include: death threats to her sister, "snide and racist" comments, spitting in the direction of her family members, and calling the police on her guests.
"He's made snide and racist comments, like, 'Go back to Atlantic City where you belong,' which is a more urban area," Datto said. "He blares his music loudly, takes pictures of my client's guests. He's a problem person."
Lennar Corp. did not respond to requests for comment.
On Nov. 12, just five days after Phoenix and her family moved into the home, she and her sister filed complaints for harassment and stalking against the neighbor, says her attorney.
Phoenix hired a security guard on the day the complaints were filed in fear of retaliation, the lawsuit says.
The neighbor "started to confront the hired security guard by staring at him for long periods of time, calling the police on the security guard and even following the security guard for 15 miles on the Garden State Parkway when he left [Phoenix's] property to go home," according to the lawsuit.
Datto says the problem may have been sparked even before Phoenix bought the home.
In a visit to the property when Phoenix was trying to decide whether to buy the home, the neighbor approached the sales representative to talk about "the lack of services, like landscaping of his yard," the lawsuit states.
The sales rep "implied that [the neighbor] was no longer eligible for services as a result of the time that had passed since his house was purchased," the lawsuit states.
Lennar's general counsel then sent a letter to the neighbor's wife, who owns the home, on Oct. 1, warning about his behavior.
And now Phoenix is claiming the developer who sold her the unit "knowingly concealed" that a "dangerous individual" would be her future neighbor, which she alleges is material misrepresentation and fraud, according to the lawsuit filed last week in Atlantic County Superior Court of New Jersey.
"At the time Ms. Phoenix expressed interest in one of the units, the defendant knew there was a neighbor directly across the street who, for lack of better words, was a tremendous thorn in the side of Lennar," said her attorney, Brett Datto.
Lennar Corp., a national homebuilder headquartered in Miami, is the seller of Phoenix's new home and the target of her lawsuit. Phoenix says Lennar should have informed her about her neighbor across the street, who is named in the lawsuit.
"We contend Lennar omitted material information so that Ms. Phoenix would purchase the home," said Datto. "Omission of a material fact is an element of fraud. You can commit fraud under most jurisdictions by omitting material information."
Phoenix, a community outreach director for a casino, says the neighbor has directed "increasingly harassing" behavior at her family, including her mother and sister. Those incidents allegedly include: death threats to her sister, "snide and racist" comments, spitting in the direction of her family members, and calling the police on her guests.
"He's made snide and racist comments, like, 'Go back to Atlantic City where you belong,' which is a more urban area," Datto said. "He blares his music loudly, takes pictures of my client's guests. He's a problem person."
Lennar Corp. did not respond to requests for comment.
On Nov. 12, just five days after Phoenix and her family moved into the home, she and her sister filed complaints for harassment and stalking against the neighbor, says her attorney.
Phoenix hired a security guard on the day the complaints were filed in fear of retaliation, the lawsuit says.
The neighbor "started to confront the hired security guard by staring at him for long periods of time, calling the police on the security guard and even following the security guard for 15 miles on the Garden State Parkway when he left [Phoenix's] property to go home," according to the lawsuit.
Datto says the problem may have been sparked even before Phoenix bought the home.
In a visit to the property when Phoenix was trying to decide whether to buy the home, the neighbor approached the sales representative to talk about "the lack of services, like landscaping of his yard," the lawsuit states.
The sales rep "implied that [the neighbor] was no longer eligible for services as a result of the time that had passed since his house was purchased," the lawsuit states.
Lennar's general counsel then sent a letter to the neighbor's wife, who owns the home, on Oct. 1, warning about his behavior.
Wednesday, September 11, 2013
Missouri Financial Adviser Nadia Cavner Sentenced for Felony Interstate Stalking Charge
MEMPHIS, TN—Nadia Cavner, 53, of Springfield, Missouri, was sentenced today to five years of probation, including six months home confinement, as well as four hours per month of community service over the course of the first two years of her probation. The two victims, fourth-year medical students preparing for their upcoming fellowships, expressed to the court their desire for closure to what has been a nearly two-year ordeal. U.S. District Court Judge John T. Fowlkes, Jr. honored the victims’ request for closure in accepting the terms of the plea agreement, also imposing the condition of home confinement. The sentencing follows Cavner’s plea to a criminal information charging her with one felony count of violating the federal interstate stalking statute, announced U.S. Attorney Edward L. Stanton, III.
According to the information and facts revealed during her sentencing hearing, from July 9, 2011 until November 15, 2011, Cavner, and individuals employed by her, traveled from Springfield, Missouri to Memphis with the intent to injure, harass, or intimidate her daughter’s former boyfriend and his new girlfriend. These actions caused substantial emotional distress to the individuals, their families, and close acquaintances.
As stated at her change of plea hearing, Cavner utilized multiple means to stalk and harass the victims, including making and causing others to make harassing phone calls; leaving anonymous notes designed to harass and intimidate the victims; having the victims followed during trips; hiring people to disrupt the victims’ relationship; and paying for an associate to temporarily move to Memphis for the purpose of conducting surveillance upon the victims. In addition, Cavner sought to have electronic listening devices installed in the victims’ homes.
Cavner will be required to attend counseling as part of the terms of probation. This case was investigated by the FBI. Assistant United States Attorney Brian K. Coleman is prosecuting this case on behalf of the government.
According to the information and facts revealed during her sentencing hearing, from July 9, 2011 until November 15, 2011, Cavner, and individuals employed by her, traveled from Springfield, Missouri to Memphis with the intent to injure, harass, or intimidate her daughter’s former boyfriend and his new girlfriend. These actions caused substantial emotional distress to the individuals, their families, and close acquaintances.
As stated at her change of plea hearing, Cavner utilized multiple means to stalk and harass the victims, including making and causing others to make harassing phone calls; leaving anonymous notes designed to harass and intimidate the victims; having the victims followed during trips; hiring people to disrupt the victims’ relationship; and paying for an associate to temporarily move to Memphis for the purpose of conducting surveillance upon the victims. In addition, Cavner sought to have electronic listening devices installed in the victims’ homes.
Cavner will be required to attend counseling as part of the terms of probation. This case was investigated by the FBI. Assistant United States Attorney Brian K. Coleman is prosecuting this case on behalf of the government.
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