Trenton Mayor Sentenced to 58 Months in Prison on Federal Extortion, Bribery, and Mail and Wire Fraud Charges

TRENTON, NJ—Trenton Mayor Tony F. Mack was sentenced today to 58 months in prison after being convicted at trial in February on all six federal extortion, bribery, and mail and wire fraud charges against him, U.S. Attorney Paul J. Fishman announced.

Mack’s brother, Ralphiel Mack, who was also convicted on three of the charges but found not guilty on three mail fraud and wire fraud counts, was sentenced to 30 months in prison. The Macks had been convicted following a five-week trial before U.S. District Judge Michael A. Shipp, who imposed the sentences today in Trenton federal court.

The Macks were charged in connection with a scheme to accept $119,000 in bribes in exchange for Mayor Mack’s official actions and influence in assisting cooperating witnesses in the development of an automated parking garage on city-owned land.

“Nearly four years ago, Tony Mack raised his hand and swore to uphold the state and federal constitutions as he assumed the office of mayor of the capital city of New Jersey,” U.S. Attorney Fishman said. “Within 10 weeks, he began selling that office and, with the help of his brother and others, he sold out the people of Trenton in the process. Today, he learned the true cost of his actions: He will spend 58 months in federal prison.”

“Instead of providing transparent government to the citizens of Trenton, Tony Mack and his brother allowed themselves to succumb to self-interest and greed,” FBI Special Agent in Charge Aaron T. Ford said. “This investigation brought to light the unsavory underworld of secret meetings with convicted felons, the calculated use of ‘buffers’ and bagmen, and bribe payments associated with inside deals to give away the city’s treasures, its property. The citizens of Trenton are entitled to political figures who discharge their duties with goodness of heart and not those motivated by personal gain.”

Tony F. Mack, 48, and Ralphiel Mack, 41, both of Trenton, originally were charged by complaint on September 10, 2012, with one count of conspiracy to obstruct commerce by extortion under color of official right related to the $119,000 extortion scheme. Also charged at that time was Joseph A. Giorgianni, 64, of Ewing, New Jersey. An indictment returned in December 2012 added charges against all three defendants.

Giorgianni pleaded guilty on December 13, 2013, to one count of conspiring with the Macks and others to obstruct interstate commerce by extorting individuals under color of official right, in addition to a separate extortion scheme, a narcotics charge and illegal weapons possession, all charges unrelated to the Macks.

Mayor Mack was convicted of the six counts charged in the indictment:

• Conspiracy to obstruct and affect interstate commerce by extortion under color of official right
• Attempted obstruction of commerce by extortion under the color of official right
• Accepting and agreeing to accept bribes
• Two counts of wire fraud
• Mail fraud

Ralphiel Mack was convicted on the same first three counts and found not guilty of the mail and wire fraud charges. The jury members deliberated for seven hours before returning their verdicts.

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

Tony Mack, Giorgianni, and Ralphiel Mack conspired to accept approximately $119,000 in cash and other valuables, of which $54,000 was accepted and another $65,000 that the defendants planned to accept from two cooperating witnesses (CW-1 and CW-2). In exchange for the payments, Tony Mack agreed to and did assist CW-1 and CW-2 in their efforts to acquire a city-owned lot (East State Street Lot) to develop an automated parking garage (the Parking Garage Project). The scheme included a plan to divert $100,000 of the purchase amount that CW-2 had indicated a willingness to pay to the city of Trenton for the lot as a bribe and kickback payment to Giorgianni and Tony Mack. The mayor authorized and directed a Trenton official responsible for disposition of city-owned land to offer the East State Street Lot to CW-2 for $100,000, significantly less than the amount originally proposed by CW-2.

The defendants went to great lengths to conceal their corrupt activity to keep Tony Mack “safe” from law enforcement. For example, Giorgianni and Ralphiel Mack acted as intermediaries, or “buffers,” who accepted cash payments for Tony Mack’s benefit. Tony Mack also used another city of Trenton employee involved in the scheme, Charles Hall, III, 49, of Trenton, to contact other Trenton officials to facilitate the Parking Garage Project and to inform the mayor when Giorgianni had received corrupt cash payments. Hall pleaded guilty before Judge Shipp in February 2013 to an information charging him with one count of conspiracy to obstruct commerce by extortion under color of official right and one count of conspiring to distribute narcotics with others, including Giorgianni.

To conceal the corrupt arrangement, the defendants avoided discussing matters related to the scheme over the telephone. When those matters were discussed, they used code words and aliases. One such code word was “Uncle Remus,” which both Giorgianni and Hall regularly used to communicate to Tony Mack that a corrupt payment had been received. For example, on October 29, 2011, Giorgianni telephoned Hall and informed him that Giorgianni had to “see” Tony Mack and that “I got Uncle Remus for him,” meaning a corrupt cash payment that Giorgianni had received from CW-1 two days earlier. Giorgianni directed Hall to bring Tony Mack to a meeting location controlled by Giorgianni (Giorgianni’s Clubhouse), stating “we gotta talk” because “I got something that might be good for him” and that “they’ve already come with Uncle Remus,” meaning a corrupt cash payment. On June 13, 2012, Giorgianni telephoned Tony Mack and informed him that “Uncle Remus,” meaning a corrupt cash payment, “was there.” Tony Mack replied, “I’ll call you, J. Okay?” In text messages to Tony Mack related to the scheme, Giorgianni would refer to himself as “Mr. Baker.”

The defendants also concealed their activities by holding meetings concerning the corrupt activity away from Trenton City Hall, including at Giorgianni’s residence, a restaurant maintained by Giorgianni known as JoJo’s Steakhouse, Giorgianni’s Clubhouse, and Atlantic City restaurants. At one Atlantic City meeting among Tony Mack, Giorgianni, Hall, and CW-2, Tony Mack instructed Giorgianni to ensure that no photographs were taken in order to conceal the corrupt arrangement.

In addition to the prison terms, Judge Shipp sentenced Tony Mack to three years of supervised release, 100 hours of community service, and fined him $3,000. He sentenced Ralphiel Mack to three years of supervised release and fined him $1,500.

U.S. Attorney Fishman credited special agents of the FBI’s Trenton Resident Agency, Newark Field Office, under the direction of Special Agent in Charge Aaron T. Ford, for the investigation leading to today’s sentencings.

The government is represented by Assistant U.S. Attorneys Eric W. Moran and Matthew J. Skahill of the U.S. Attorney’s Office Special Prosecutions Division in Trenton and Camden, respectively.

Georgia Man Pleads Guilty to Wire Fraud

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Rodney Walker, 44, of Atlanta, Georgia, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to wire fraud. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant created an investment loan scheme which resulted in $175,000 in financial losses to an investment company located in the Western District of New York. Walker represented to the victim investment company that he and a co-conspirator could obtain a standby letter of credit from banks outside the United States. The defendant assured representatives of the investment company that he could monetize the stand by letter of credit which would provide the investment company with $100 million dollars in loans. As part of the scheme, Walker required the investment company to provide him with $175,000 which would purportedly cover the costs associated with the financial transaction. The investment company provided the funds but instead of using the money to obtain financing, the defendant and his co-conspirator used the funds for their own purposes.
The plea was the culmination of an investigation on the part of special agents of the Federal Bureau of Investigation.
Sentencing is scheduled for August 19, 2014 at 12:00 p.m. before Judge Arcara.

Retired Buffalo Police Officer Pleads Guilty to Defrauding Injured on Duty Program

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Patrick S. O’Mara, 52, of Buffalo, New York, pleaded guilty to wire fraud before Chief U.S. District Judge William M Skretny. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine, or both.
Assistant U.S. Attorneys Trini E. Ross and John E. Rogowski, who are handling the case, stated that on February 16, 2004, the defendant, a Buffalo Police officer, was placed on Injured on Duty status (IOD) by the city of Buffalo. O’Mara was placed on IOD status for exacerbation of cervical and lumbar strains previously suffered while on duty. The defendant remained on IOD status until October 18, 2004, when he was ordered to return to light duty. O’Mara again claimed to have injured his right arm on March 21, 2005, while lifting two reams of copy paper. While the defendant did not report the injury to his superiors until 23 days later, the defendant was placed on IOD status once again on September 6, 2005, where he remained until he retired.
While the defendant’s primary care physician did not recommend that O’Mara return to work, several independent medical exams concluded that the defendant was not permanently disabled. One doctor noted that the defendant walked into his office using a cane but later witnessed O’Mara walking in the parking lot without any limp. In addition, the investigation determined that the defendant worked as a paid musical director and church organist during most, if not all, of the time that he has been on IOD status. Such work would have involved the use of his right arm.
The defendant retired from the Buffalo Police Department effective March 31, 2012, following an independent medical exam and administrative hearing. During an interview with special agents from the Federal Bureau of Investigation on May 9, 2012, the defendant stated (among other things) that he was capable of performing light duty and had been playing the organ for a church. Nevertheless, the defendant stated there was no incentive to return to work on light duty status because “it is demeaning to sit at a desk and answer phones, and I consider it to be punishment,” and “the pay on IOD status, which is without taxes, is actually an incentive to stay off-duty in IOD status.”
“The IOD program is an important way in which injured officers continue to receive compensation for their difficult and oftentimes heroic work,” said U.S. Attorney Hochul. “When the program is abused, however, more than taxpayers suffer. Those officers who remain faithfully at their post are forced to work longer hours, more often, and in turn have an even greater chance of experiencing injury. While the vast majority of officers are honest and exemplify the highest ideals of their profession, this office will not hesitate to act when, as here, it finds evidence of fraud.”
O’Mara’s is one of two Buffalo Police officers charged with defrauding the IOD Program. On May 9, 2012, Robert Quintana, who has been on IOD status since March 2005, was arrested and also charged with mail and health care fraud. The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation by special agents of the Federal Bureau of Investigation and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled July 30, 2014, at 10:00 a.m. before Judge Skretny.

Former Partner of a Freehold Office Equipment Leasing Company Admits Stealing More Than $600,000

TRENTON—A former partner of a Freehold, New Jersey-based office equipment leasing company today admitted stealing more than $600,000 in a fraudulent loan scheme, U.S. Attorney Paul J. Fishman announced.
Jason Lee Lum, 35, of Yardley, Pennsylvania, pleaded guilty before U.S. District Judge Anne E. Thompson in Trenton federal court to an information charging him with wire fraud for receiving approximately $682,000 in fraudulently obtained loan proceeds.
According to documents filed in this case and statements made in court:
Lee Lum was a partner in a company called Superior Data Corp., which was in the business of providing office equipment leasing services. As a result of the high cost of leasing office equipment, the company would obtain loans through a financing company for its clients to lease office equipment. After a client agreed to lease office equipment, a company employee would submit the lease agreement paperwork to the financing company in order to obtain a loan for the client. If the financing company approved the loan, the financing company would send the loan proceeds directly to the company’s bank account. The client would then receive the leased office equipment and would directly repay the loan to the financing company.
As a partner at the company, Lee Lum was responsible for the company’s finances and for submitting loan documentation on behalf of clients. From October 2011 to May 2012, Lee Lum forged signatures of existing company clients on loan documents and then submitted the documents to the financing company. The company clients had neither approved nor consented to the loan documents being submitted, nor did the clients obtain any office equipment in connection with the fraudulent loan applications. When the financing company approved the fraudulent loan applications, Lee Lum directed the proceeds to be sent to the company’s bank account, which he controlled. Lee Lum used the fraudulently obtained loan proceeds to pay personal expenses, company payroll (including his own salary), and to increase the company’s revenue for accounting purposes. Lee Lum sought to conceal his fraud by making payments on the fraudulently obtained loans. When Lee Lum began to fall behind on those payments, the financing company that issued the loans sought payment directly from the company’s clients, whose names were on the fraudulent loans.
The wire fraud count to which Lee Lum pleaded guilty carries a maximum penalty of 20 years in prison and a $250,000 fine. As part of the plea, Lee Lum agreed to pay restitution in the amount of $682,862. Sentencing is scheduled for September 19, 2014.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Fabiana Pierre-Louis of the U.S. Attorney’s Office Criminal Division in Trenton.

New Jersey Woman Charged with Bilking Non-Profit

Rochelle Biesenthal, 64, of Brigantine, New Jersey, was charged today by information with one count of wire fraud and three counts of tax evasion in connection with an alleged scheme to defraud the Jewish Heritage Programs (JHP), a non-profit corporation based in Philadelphia, announced United States Attorney Zane David Memeger.
According to the information, Biesenthal carried out the scheme between 2002 and April 2009 while employed as a bookkeeper at JHP. She allegedly prepared and issued checks, made payable to her, drawn on JHP’s bank accounts. It is further alleged that Biesenthal fraudulently authorized electronic debits from JHP’s bank accounts to pay for her personal credit cards and her family’s personal credit cards. As part of the scheme, it is alleged that she defrauded JHP of a total of over $400,000. In addition, according to the information, she never reported her unauthorized income in her tax returns in tax years 2007 through 2009 and concealed the true sources of her income.
If convicted, the defendant faces a maximum possible sentence of 35 years in prison, a three-year period of supervised release, a fine of up to $1 million, and a $400 special assessment.
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigations. It is being prosecuted by Assistant United States Attorney Sozi Pedro Tulante.
An information is an accusation. A defendant is presumed innocent unless and until proven guilty.

Chief Executive Officer of ACI Capital Group Sentenced to 63 Months in Prison for Using Investment Advisory Firm to Steal Clients’ Money and for Lying to the SEC

BROOKLYN, NY—Fredrick Douglas Scott, 29, the chief executive officer of ACI Capital Group LLC (ACI), an investment adviser registered with the Securities and Exchange Commission (SEC), was sentenced today in federal court in Brooklyn, New York, to 63 months in prison, to be followed by three years of supervised release. As part of the sentence, Scott was ordered to pay more than $1,388,190 in restitution to the defrauded victims. In September 2013, Scott waived indictment and pleaded guilty to engaging in a wire fraud conspiracy to steal over a million dollars from investors and lying to officials from the SEC who were conducting a regulatory examination of ACI.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George Venizelos, Assistant Director in Charge, Federal Bureau of Investigation (FBI), New York Filed Office.
“Fredrick Douglas Scott claimed to be a part of history. In reality, he was a con man and a thief who fleeced unsuspecting retail investors, his so-called clients, out of more than a million dollars. Rather than help his clients invest their hard earned money, Scott stole their money for his own personal use to buy expensive dinners, clothes, and other goods and services. Scott then lied to SEC examiners who were investigating his firm. Instead of a place in the history books, Scott’s crimes bought him a room with the Bureau of Prisons for 63 months. We remain committed to protecting the retail investor from the effects of fraudsters like Scott,” stated United States Attorney Lynch. Ms. Lynch thanked the FBI, the agency responsible for leading the government’s investigation, and the SEC, Division of Enforcement in New York, for their assistance in this case.
ACI was founded by Scott in 2009 and purported to be an investment banking and advisory firm with an office located at 477 Madison Avenue, New York, New York. ACI registered as an investment adviser with the SEC in July 2011 and, pursuant to its most recent regulatory filing, claimed to manage $3.7 billion in assets. While Scott touted his bona fides as an investor to potential clients, including distributing the May 2010 issue of Ebony magazine that described him as “the youngest African-American hedge fund founder in history,” in reality, Scott used ACI to execute his fraudulent scheme, causing over a million dollars in losses.
In connection with his scheme, Scott worked with intermediaries or finders to locate potential victims. Once a potential victim was identified, Scott promised a high rate of return for providing short-term financing to businesses purportedly associated with ACI. Once victims wired money to ACI, Scott stole the funds for his personal use. Scott used client funds to purchase personal items at Louis Vuitton, the Apple Store, Starbucks, Fair Bail Bonds, True Religion Jeans, Tao Restaurant, the Hampton Inn SoHo, and Dizzy’s Coca-Cola Club, among others. Scott also wired stolen client funds to his personal checking account.
The sentencing proceeding was held before U.S. District Judge Roslynn R. Mauskopf.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency task force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force 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.
The government’s case is being prosecuted by Assistant United States Attorney James P. Loonam.
Defendant:
Frederick Douglas Scott
Age: 29

Chicago Man Admits Stealing More Than $1 Million Worth of iPhones and iPads

NEWARK, NJ—A Chicago man today admitted he stole more than $1 million worth of iPhones and iPads from Verizon Wireless through an elaborate scheme that involved misappropriating corporate purchasing accounts and then diverting the shipments by bribing Federal Express drivers, U.S. Attorney Paul J. Fishman announced.
Stephen Gunn, 36, pleaded guilty before U.S. District Judge Claire C. Cecchi in Newark federal court to an indictment charging him with one count of conspiracy to commit wire fraud.
According to documents filed in this case and statements made in court:
Gunn accessed the online accounts of dozens of Verizon’s customers, including several customers located in New Jersey, and used those accounts to place unauthorized orders for electronics products, primarily, smart phones and accessories. He directed the fraudulently ordered products be shipped to addresses in Texas, including several addresses that did not exist, via Federal Express.
At Gunn’s direction, two Federal Express drivers intercepted the shipments, removed the contents, and re-shipped the contents to addresses in Illinois provided by Gunn. In exchange, Gunn paid the drivers each thousands of dollars. Gunn fraudulently obtained approximately 1,700 items—including several hundred Apple iPhones and iPads, Blackberry devices, and Motorola phones—worth more than $1 million.
The conspiracy to commit wire fraud count to which Gunn pleaded guilty carries a maximum potential penalty of 20 years in prison and a fine of $250,000 or twice the gain or loss from the offense. Sentencing is scheduled for July 15, 2014.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Daniel V. Shapiro of the U.S. Attorney’s Office Computer Hacking and Intellectual Property Crimes Section of the Economic Crimes Unit in Newark.

Former Fugitive Admits Selling Bogus Insurance Policies

CAMDEN, NJ—A former insurance broker admitted today to conspiring to defraud purchasers of commercial liability insurance by overcharging for policies, as well as issuing some customers bogus policies, U.S. Attorney Paul J. Fishman announced.
Thomas M. Grubb Jr., 58, of Voorhees, New Jersey, pleaded guilty before Chief U.S. District Judge Jerome B. Simandle in Camden federal court to an indictment charging him with one count of conspiracy to commit mail fraud and wire fraud.
Grubb was originally arrested on April 14, 2008, and charged by complaint with one count of obstruction of justice. On November 5, 2008, Grubb failed to appear in court and a warrant was issued for his arrest. Special agents of IRS-Criminal Investigation apprehended Grubb in Port Charlotte, Florida, on December 6, 2011.
According to documents filed in this case and statements made in court:
Grubb was employed at Aconorate Insurance Agency in Hammonton, New Jersey, when Aconorate engaged in a scheme to defraud its clients by overcharging them for commercial liability insurance and selling them policies that were not issued by a legitimate insurance carrier. Grubb—along with the individuals identified in court documents as “CC-1,” the owner of Aconorate, and “CC-2,” an information technology employee at Aconorate—procured insurance for Aconorate commercial liability insurance clients through an insurance broker in Texas, identified as “GM.” Many of the clients were bars, restaurants, and nightclubs.
Grubb and the owner of Aconorate substantially inflated the premiums that they charged these customers, sometimes increasing the quote that GM provided by as much as 700 to 800 percent. Between June 2004 and July 2006, Grubb and the owner of Aconorate collected more than $1 million in premiums for commercial liability insurance procured through GM and kept over $597,000 of the premiums for themselves.
Grubb and others also took steps to create the appearance that the insurance companies purportedly issuing the policies were legitimate, including creating websites, mailing addresses, and telephone numbers for the insurance companies and setting up their own mechanism to pay claims.
The mail fraud and wire fraud conspiracy charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for July 30, 2014.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; and IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, Newark Field Office, with the investigation leading to today’s guilty plea.
The government is represented by Attorney in Charge R. Stephen Stigall of the U.S. Attorney’s Office Criminal Division in Camden.

Mobile Man Sentenced to Nearly Four Years in Prison for Conning $260,000 from Three Women

BIRMINGHAM—A federal judge today sentenced a Mobile man to nearly four years in prison in connection with a con scheme totaling more than $260,000 that he ran on at least three women he met in an upscale Birmingham steakhouse, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein, Jr.
Julian Pearson Burke, 56, pleaded guilty in October to two counts of wire fraud and one count of interstate transportation of stolen goods. U.S. District Judge L. Scott Coogler sentenced Burke to 45 months in prison on the charges and ordered him to pay the victims $264,300 in restitution. Burke had agreed to the restitution as part of his plea agreement with the government. Judge Coogler ordered Burke into custody immediately following today’s hearing.
Between October 2010 and October 2011, Burke struck up friendships with at least three women he met at a restaurant in the Summit Shopping Center on U.S. 280. He convinced all three to give him tens of thousands of dollars for him to invest, according to court documents. Instead of investing the money, Burke spent it at pawnshops and casinos. He never returned any money to the three women.
Burke pleaded guilty to transporting stolen goods across state lines for receiving a $100,000 investment check from a woman, identified by the initials C.W., and converting it to personal use by endorsing and negotiating the check at the Imperial Palace of Mississippi casino in Biloxi. The woman believed she was investing in the Admiral Semmes Hotel in Mobile.
According to Burke’s plea agreement and other court documents, he carried out his wire fraud scheme as follows:
Burke owned two businesses, Burke Construction and Computer Converters, and maintained business accounts for both at the Mississippi-based Hancock Bank.
In October 2010, Burke met a woman, identified by the initials D.G., at the Birmingham restaurant and built a friendship. In February 2011, he asked D.G. to invest with him by loaning money to pawnshops. On February 7, 2011, she wired $18,000 from her bank account to the Computer Converters account, which held $313 before her deposit. The next day, Burke transferred $18,200 from the Computer Converters account to the Burke Construction account. The same day, he wrote two $9,150 checks to Quik Pawn in Mobile to buy back a 17-carat platinum watch and a men’s diamond pinky ring he previously had pawned there for $7,500 each.
In April 2011, Burke convinced D.G. to invest $86,000 more with him, claiming he was publishing academic coloring books for children and would roll her previous investment, plus interest, into the project. She thought she would get back the $110,000, plus interest, within six months. In July 2011, D.G. wired another $20,300 to the Burke Construction account for the coloring book project. Burke never returned any of D.G.’s money. He also cashed a $59,921 check at Grand Casino of Mississippi on the same day the $86,000 was deposited into the previously overdrawn construction company account.
The third victim in the case is identified in court documents by the initials, S.H. Burke met her at the Birmingham restaurant in February 2011. He convinced S.H. to invest with him in buying a pawnshop, with the understanding that she would earn 15 percent interest within 60 days. On October 24, 2011, S.H. wired $40,000 to the Burke Construction bank account, which was overdrawn until the deposit arrived. That same day, Burke withdrew $35,000 cash and transferred $2,000 to the Computer Converters account.
The FBI investigated the case, which Assistant U.S. Attorney Robin Beardsley Mark prosecuted.

Six Individuals Associated with the Newspaper and Mail Deliverers’ Union Arrested

A criminal complaint was unsealed today in federal court in the Eastern District of New York charging Benjamin Castellazzo, Jr.; Rocco Giangregorio; Glenn LaChance, Rocco Miraglia, also known as “Irving,” and Anthony Turzio, also known as “the Irish Guy,” with conspiring to defraud the Newspaper and Mail Deliverers’ Union (NMDU) and Hudson News in order to obtain a union card and employment at Hudson News for Castellazzo, Jr.
In addition, a three-count indictment was unsealed today in United States District Court for the Eastern District of New York charging Thomas Leonessa, also known as “Tommy Stacks,” with wire fraud, wire fraud conspiracy, and theft and embezzlement from employee benefit plans in an unrelated scheme. The indictment was returned under seal by a federal grand jury sitting in Brooklyn, New York, on March 6, 2014, and relates to Leonessa’s alleged “no show” job as a delivery driver for the New York Post.
Castellazzo, Jr., Giangregorio, LaChance, Miraglia, Turzio, and Leonessa were arrested earlier today, and their initial appearances are scheduled for this afternoon before United States Magistrate Judge Robert M. Levy at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.
The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George C. Venizelos, Assistant Director in Charge, Federal Bureau of Investigation (FBI), New York Field Office.
As alleged in the complaint, the NMDU is an independent union that represents approximately 1,500 employees involved in the newspaper industry in New York, New Jersey, and Connecticut. NMDU members deliver newspapers for the New York Times, The Wall Street Journal, the New York Daily News, the New York Post, and El Diario. Hudson News, which also employs members of the NMDU, is a retail chain of newsstands mainly located in major transportation hubs, including airports and train stations.
Between June 2009 and October 2009, Miraglia, who was a foreman at the New York Daily News—as well as an alleged associate of the Colombo organized crime family of La Cosa Nostra and the son of a deceased soldier in the Colombo family—conspired with officials of the NMDU and with Turzio, who was an employee of El Diario, to get an NMDU union card for Castellazzo, Jr. and place him in a job at Hudson News. Castellazzo, Jr. is the son of Benjamin Castellazzo, the alleged underboss of the Colombo family. Giangregorio and LaChance, who were business agents for the NMDU, also are charged with participating in this scheme.
As alleged in the indictment, Leonessa was employed by the New York Post to deliver newspapers by truck from a New York Post warehouse in the Bronx, New York, to New Jersey. He was also a member of the NMDU, which maintained offices, including offices for its welfare and pension funds, in Queens, New York. From about December 2010 to about September 2011, Leonessa had a “no show” job at the New York Post, that is, a job for which he was paid wages and benefits but which he did not perform. When Leonessa did not complete his required deliveries, he was nevertheless, based on his fraudulent representations, paid wages by the New York Post and accorded benefits from employee pension and welfare funds managed by the NMDU.
“Today’s arrests indicate that the NMDU and the newspaper delivery industry are, sadly, still subject to the influence of organized crime,” stated United States Attorney Lynch. “We cannot tolerate corruption in that industry, which is relied on by newspaper readers throughout New York City and beyond. We will prosecute anyone who seeks to obtain employment—or to maintain “no show” employment—in that industry by trading on the power of organized crime. Such acts not only lead to ill-gotten gains, but they also displace innocent, hard-working union members and would-be union members from jobs they have rightfully earned. We thank our partners at the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, for their tremendous efforts to identify and root out these corrupt practices.” Ms. Lynch also extended her grateful appreciation to the New York City Police Department, the New York County District Attorney’s Office, and Waterfront Commission of New York Harbor for their assistance.
“As alleged, a paycheck in exchange for a hard day’s work was a foreign concept to these defendants. Instead, they engaged in a scheme to defraud the NMDU and Hudson News for easy money and personal gain. The FBI, along with its law enforcement partners, will continue to pursue allegations of corruption and fraud all levels,” stated FBI Assistant Director in Charge Venizelos.
The defendants are scheduled to be arraigned this afternoon before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn. The charges in the complaint and indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by Assistant United States Attorneys Elizabeth A. Geddes and Allon Lifshitz and by Trial Attorney Joseph Wheatley of the Department of Justice’s Organized Crime and Gangs Section.
Defendants:
Benjamin Castellazzo, Jr.
Age: 48
Manahawkin, New Jersey
Rocco Giangregorio
Age: 39
Dumont, New Jersey
Glenn LaChance
Age: 50
Oceanside, New York
Rocco Miraglia
Age: 43
Staten Island, New York
Anthony Turzio
Age: 78
New York, New York
Thomas Leonessa
Age: 52
High Bridge, New Jersey

CEO of Bankrupt Sentinel Management Group Convicted in $500 Million Fraud Scheme Before Firm’s 2007 Collapse

CHICAGO―The chief executive officer of the bankrupt Sentinel Management Group, Inc., was convicted today of defrauding more than 70 customers of more than $500 million before the firm collapsed in August 2007. The defendant, ERIC A. BLOOM, misappropriated securities belonging to customers by using them as collateral for a loan that Sentinel obtained from Bank of New York Mellon Corp., which was used, in part, to purchase millions of dollars’ worth of high-risk, illiquid securities, not for customers but for a trading portfolio maintained for the benefit of Sentinel’s officers, including Bloom, members of his family, and corporations controlled by the Bloom family.
A federal jury deliberated less than two hours after a four-week trial in U.S. District Court before returning guilty verdicts on 18 counts of wire fraud and one count of investment adviser fraud. The case is one of the largest financial fraud cases ever prosecuted in Federal Court in Chicago.
Bloom, 49, of Northbrook, remains free on bond while awaiting sentencing, which was not scheduled pending post-trial motions. Each count of wire fraud carries a maximum penalty
of 20 years in prison and a $250,000 fine, or, alternatively, a fine totaling twice the loss to any victim or twice the gain to the defendant, whichever is greater, and restitution is mandatory. The investment adviser fraud count carries a maximum penalty of five years in prison and a $250,000 fine. The government is also seeking a forfeiture judgment of more than $500 million. The court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
Sentinel was located in suburban Northbrook and managed short-term cash investments of futures commission merchants, commodity pools, hedge funds, and other customers. Sentinel’s head trader, Charles K. Mosley, 50, of Vernon Hills, pleaded guilty last October to two counts of investment adviser fraud and is awaiting sentencing.
“Sentinel was sinking like the Titanic,” Assistant U.S. Attorney Clifford Histed told the jury in closing arguments. “Sentinel was not a victim of the credit crisis,” he said, adding that the “financial crisis merely exposed the fraud” that had been going on for years.
According to the evidence at trial, Bloom, the president and CEO of Sentinel who was responsible for its day-to-day operations, misled customers four days before Sentinel declared bankruptcy by blaming Sentinel’s financial problems on the “liquidity crisis” and “investor fear and panic” when he knew that the actual reasons for Sentinel’s financial problems were its purchase of high-risk, illiquid securities, excessive use of leverage, and the resulting indebtedness on the Bank of New York loan, which had a balance exceeding $415 million on August 13, 2007. Sentinel declared bankruptcy on August 17, 2007.
Between January 2003 and August 2007, Bloom fraudulently obtained and retained under management more than $1 billion of customers’ funds by falsely representing the risks associated with investing with Sentinel, the use of customers’ funds and securities, the value of customers’ investments, and the profitability of investing with Sentinel. Bloom used customers’ securities invested in Sentinel’s “125 Portfolio” and its “Prime Portfolio” as collateral for its loan with Bank of New York to purchase millions of dollars’ worth of high-risk, illiquid collateralized debt obligations (CDOs).
Bloom lied about customers’ investments and engaged in an undisclosed trading strategy with Sentinel’s own “House Portfolio,” which they traded for the benefit of themselves and Bloom family members. The undisclosed trading strategy included extensive borrowing and a high concentration of CDOs that were inconsistent with the representations Bloom made to customers regarding separate investment portfolios. The undisclosed strategy affected all customers, regardless of the trading portfolio in which they were invested, because Bloom directed employees to use customers’ securities as collateral when Sentinel borrowed money from the Bank of New York and so-called “repo” lenders, and then used the borrowed money to carry out the undisclosed trading strategy. (Under a repurchase agreement, known as a “repo,” a party such as Sentinel, effectively a borrower, sold securities to a counterparty, effectively a lender, with an agreement to repurchase the securities at a later date.)
As part of the fraud scheme, Bloom falsely represented the returns generated by the securities in each Sentinel portfolio to customers. Rather than giving customers the actual returns generated by a particular portfolio, Bloom directed employees on a daily basis to pool the trading results for all of Sentinel’s portfolios and then allocated the returns to the various portfolios as they saw fit. To conceal the scheme, to encourage customers to invest additional funds, and to otherwise lull customers, Bloom on a daily basis caused false and misleading account statements to be created and distributed to customers, including via e-mail. These account statements reported returns earned by customers without disclosing that the returns actually were allocated by Bloom and his employees and were not the result of the market performance of the customers’ particular portfolios. The account statements also listed the purported value of securities being held by each portfolio without disclosing that the securities were being used as collateral for Sentinel’s loan from Bank of New York.
In July and August 2007, Bloom knew that Sentinel was approaching insolvency and that defaulting on the Bank of New York loan was a real possibility, yet he caused Sentinel to take in more than $100 million in customers’ money and continued to conceal Sentinel’s true financial condition from customers.
The verdict was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Robert J. Holley, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation; and James Vanderberg, Special Agent in Charge of the U.S. Department of Labor Office of Inspector General in Chicago. Also assisting in the investigation were the Labor Department’s Employee Benefits Security Administration, the Commodity Futures Trading Commission, and the Securities and Exchange Commission. The CFTC and the SEC filed separate civil enforcement lawsuits following the collapse of Sentinel, which remains in bankruptcy proceedings.
The government is being represented by Assistant U.S. Attorneys Clifford C. Histed and Patrick M. Otlewski.

Operator of Two Convenience Stores Sentenced to Two Years in Prison for Food Stamp Fraud

BALTIMORE, MD—U.S. District Judge William D. Quarles, Jr. sentenced Ahmed Ayedh Al-Jabrati, age 58, a citizen of Yemen residing in Baltimore, today to two years in prison, followed by three years of supervised release, for wire fraud in connection with a scheme to illegally redeem food stamp benefits in exchange for cash. Judge Quarles also ordered that Al-Jabrati pay restitution of $1.2 million.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William G. Squires, Jr. of the U.S. Department of Agriculture’s Office of Inspector General, Northeast Region; and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
Al-Jabrati operated two convenience stores, Second Obama Express and D&M Deli and Grocery, located next door to each other at 901 Harlem Avenue in Baltimore. According to their plea agreements and court documents, the stores participated in the Supplemental Nutrition Assistance Program (SNAP), previously known as the Food Stamp Program. In Maryland, the program provides eligible individuals with an electronic benefit transfer (EBT) card called the Independence Card, which operates like a debit card. Recipients obtain EBT cards through the state Department of Human Resources, then use the EBT card to purchase approved food items from participating retailers.
Al-Jabrati knew that it was a violation of SNAP regulations to trade cash for SNAP benefits. Nevertheless, from October 2010 to July 2013, Al-Jabrati exchanged SNAP benefits for cash at less than face value of the EBT benefits, in violation of the food stamp program rules, and kept up to 50 percent of the benefits for themselves.
Judge Quarles determined today that Al-Jabrati obtained at least $1.5 million in payments for food sales that never occurred.
Eight of the 10 convenience store owners or operators who were indicted in September 2013 in connection with schemes to illegally redeem food stamp benefits in exchange for cash have pleaded guilty to food stamp fraud and/or wire fraud. Amara Cisse, age 50, of Windsor Mill, Maryland, was sentenced to 27 months in prison and ordered to pay restitution of $654,349.24, and his wife, Fanta Keita, was sentenced to two months in prison. Retailer Hyung Cho, age 40, was sentenced to 38 months in prison, and his mother, Dae Cho, age 67, was sentenced to 18 months in prison. The Chos were also ordered to forfeit $371,439.21 and pay restitution of $1.4 million. Two more retailers were indicted in January 2014.
United States Attorney Rod J. Rosenstein praised USDA’s Office of Inspector General and FBI for their work in the investigation. U.S. Attorney Rosenstein expressed appreciation to Secretary Ted Dallas and the Maryland Department of Human Resources, as well as U.S. Citizenship and Immigration Services-Office of Fraud Detection and National Security for their assistance in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Kathleen O. Gavin, who prosecuted the case.

Attorney Sent to Prison for Her Role in Mortgage Fraud Scheme

RALEIGH—The United States Attorney’s Office announces that in federal court yesterday, Chief United States District Judge James C. Dever, III sentenced former attorney AMY ROBINSON, 36, of Rolesville, to 18 months’ imprisonment followed by three years of supervised release. The court further ordered ROBINSON to make restitution of $2,613,046.37 to various banks and other victims.
The criminal information and other evidence showed that between 2002 and 2006, James Thomas Webb (previously sentenced to 237 months in prison) was operating a company identified as Alpine Properties, LLC. Webb promised investors that he and Alpine Properties would use investor money to purchase homes at a low value, renovate the homes, and then sell them to first-time home buyers for a higher value. During that time period, ROBINSON was a licensed North Carolina attorney who closed real estate transactions for Webb and his investors.
Evidence established that ROBINSON and Webb systematically falsified the HUD-1 settlement statements associated with numerous sales of properties from Alpine Properties to Webb’s investors. The HUD-1s contained numerous false statements and misrepresentations, including the amount of money the borrower brought to closing, the payment of closing funds to secondary, prior lien holders, and the amount of money actually paid to Webb. Each HUD-1 also contained a false certification by Webb and ROBINSON that the settlement statements were true and accurate reflection of all receipts and disbursements made by or on behalf of the parties to the transactions. ROBINSON transmitted the false documents to the lenders and banks by mail and wire. The banks and lenders relied upon the statements in issuing loans for the sale of properties from Webb’s companies to his investors.
Ultimately, after the collapse of Alpine Properties, many of the loans on the properties went into default, resulting in millions in losses to various banks and lenders. At the sentencing, the court held ROBINSON accountable for $2,613,046.37 in losses and ordered ROBINSON to make restitution to the victims of the offense.
ROBINSON pleaded guilty on May 3, 2010 to conspiracy to commit wire, mail, and bank fraud, in violation of Title 18,United States Code, Section 371.
Investigation of this case was conducted by the Federal Bureau of Investigation, the United States Postal Inspection Service, the United States Department of Housing and Urban Development Office of the Inspector General, and the Federal Deposit Insurance Corporation Office of the Inspector General, with the assistance of the North Carolina State Bar. Assistant United States Attorney William M. Gilmore represented the United States.

Collin County Man Sentenced in Foreclosure Rescue/Drug Distribution Scheme

SHERMAN, TX—A 34-year-old McKinney, Texas man has been sentenced to federal prison in connection with a combination foreclosure rescue and drug distribution scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Jarrod Williams pleaded guilty on August 21, 2013, to conspiracy to commit mail and wire fraud and was sentenced to 57 months in federal prison today by U.S. District Judge Marcia Crone. Williams was also ordered to pay over $1.4 million in restitution.
According to information presented in court, from February 2007 to June 2012, Jarrod Williams, Julius Williams, and Charles Williams controlled and operated Applied Investment Strategies Inc. (AIS), which marketed itself as a foreclosure rescue service offering assistance to homeowners at risk of foreclosure. However, once a homeowner detained AIS, the defendants fraudulently used the customer’s personal identification information to prepare and send false military orders to banks and lending institutions in order to claim relief from foreclosure under the Servicemember’s Civil Relief Act. AIS would then lease out the home and collect rental payments for AIS’ benefit. The scheme involved approximately 38 homes throughout North Texas and also extended to interfering in the repossession of automobiles. After at least one of the fraudulently acquired properties was vacated, Charles Williams, Christopher Carter, and Sean Harrell turned it into a marijuana grow operation that housed approximately 1,300 marijuana plants that were intended for distribution. A federal grand jury returned an indictment on July 11, 2012, charging the defendants with federal violations.
Charles Williams, 39, of McKinney; Christopher Carter, 34, of Leicester, England; and Sean Harrell, 38, of Dallas, are each currently serving prison sentences ranging from 41 to 50 months. Julius Williams, 43, of McKinney faces up to five years in federal prison at sentencing.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Shamoil T. Shipchandler.

Two Indicted in 20,000-Victim Credit Card Fraud

SACRAMENTO, CA—A federal grand jury returned a 23-count indictment Thursday against Mihran Melkonyan, 33, of Sacramento, and Androuslan Akhmerov, 39, of Los Angeles, for wire fraud and mail fraud in a scheme to defraud American Express account holders, United States Attorney Benjamin B. Wagner announced.
According to court documents, Melkonyan and Akhmerov were involved in a scheme to defraud more than 20,000 credit card holders by making false charges on their accounts. To do this, Melkonyan and Akhmerov created fictitious businesses with legitimate sounding names and then charged the victims’ accounts small amounts in the range of $15-30. By using many small charges, the defendants made it less likely that the credit card holders or the credit card companies would discover the fraud.
This case is the product of an investigation by the Federal Bureau of Investigation and the United States Secret Service. Assistant United States Attorney Michael D. Anderson is prosecuting the case.
Akhmerov was arrested on March 5, 2014, and is currently released on bail. An initial appearance for him in Sacramento is set for March 27, 2014, at 2:00 before U.S. Magistrate Judge Kendall J. Newman. Melkonyan remains at large.
If convicted, Melkonyan and Akhmerov face a maximum statutory penalty of 20 years in prison and a $250,000 fine for each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Leader of Million-Dollar Felony Lane Gang Sentenced to More Than 15 Years in Prison

The United States Attorney’s Office for the Middle District of Pennsylvania announced that the leader of the Felony Lane Gang conspiracy was sentenced to 188 months in prison.
According to the United States Attorney, on March 18, 2014, U.S. District Senior Judge William Caldwell sentenced Travis J. Russ for his leadership role in a car break-in and bank fraud crew that stole more than a million dollars in the five years it was in operation. Testimony presented at Russ’s sentencing showed that the crew stole millions of dollars from banks using stolen checks and identification. At the sentencing, Russ was identified as the leader of the group of thieves. Although they were only caught in the fall of 2012, Russ was implicated in committing this scheme over five years and victimizing over 250 people in the course of his fraud scheme, dubbed the Felony Lane Gang.
The Felony Lane Gang is a group of thieves based in Fort Lauderdale, Florida, that travels across the United States stealing identities and checkbooks from unattended cars (smash and grabs). With the stolen checkbooks and driver’s licenses, the gang cashes checks using the drive-through lane of banks. The lane farthest from video cameras and tellers has been dubbed the “felony lane” because of the ease with which false identities can be used to cash checks.
In December 2012, a grand jury returned a four-count indictment charging 10 people with conspiracy to commit fraud, bank fraud, wire fraud, and aggravated identity theft. All those who were charged entered guilty pleas, and the majority of them have been sentenced:

• Travis J. Russ, age 32, of Fort Lauderdale, Florida—identified as the leader and sentenced to 188 months in prison;
• Sylvester Joseph, age 26, of Derrfield, Florida—identified as a leader and pending sentencing;
• Jarrett Hobbs, age 31, of Fort Lauderdale, Florida—identified as a leader and pending sentencing;
• Khiante Thompson, age 20, Florida—sentenced to 14 months in prison;
• Phillip Etienne, age 31, of Margate, Florida—46 months in prison;
• Willie L. Ogiste, age 35, of Fort Lauderdale, Florida—pending sentencing;
• Teresa L. Brimhall, age 45, of Oakland Park, Florida—18 months in prison;
• April Ainsworth, age 26, of Richmond, Texas—36 months in prison;
• Colleen Shelly, age 49, of Lauderdale Lakes, Florida—11 months in prison; and
• Wendy Snyder-Lucas, age 31, of Fort Lauderdale, Florida—11 months in prison.

The 10 persons charged in this indictment struck Pennsylvania from August to October 2012. During that time, they broke into and/or stole the identities of more than 100 people. In addition, the group targeted state parks where victims left purses, wallets, and checkbooks in their cars while using the recreation facilities. The smash and grabs occurred at approximately 25 different state parks and recreation centers in and around Central Pennsylvania.
This group used stolen checks and identification to obtain funds from banks and credit unions. According to the indictment, a conspirator, disguised as the account holder, used the drive-through lane at the account holder’s bank, submitted to the teller a forged check with the stolen identification of the victim, and received the funds. Through this process, these conspirators successfully compromised numerous accounts and stole tens of thousands of dollars in funds from the victims.
This investigation was conducted by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), HSI’s Bulk Cash Smuggling Center, the United States Secret Service, the Pennsylvania State Police, the Federal Bureau of Investigation, the Pennsylvania Department of Conservation and Natural Resources, and other state and local investigative agencies. The prosecutor assigned to the case is Assistant United States Attorney Michael A. Consiglio.

Pamela Smith Pleads Guilty to Woodstock Inn Embezzlement

The Office of the United States Attorney for the District of Vermont announced that Pamela Smith, 57, of Barnard, pleaded guilty on March 12, 2014, in United States District Court in Burlington to a charge of wire fraud. U.S. District Judge William K. Sessions, III released Smith on conditions pending sentencing, which has been set for July 8 in Brattleboro.
On February 18, 2014, the United States Attorney filed a one-count information charging Smith with wire fraud. According to the information, between approximately 2007 and early 2013, Smith was employed by the Shire Riverview Motel in Woodstock, Vermont. Smith worked part-time as a clerk and also performed bookkeeping services for the inn. Beginning no later than 2009 and continuing until early 2013, Smith embezzled approximately $200,000 from Shire Riverview. She did this by writing unauthorized checks to herself from the inn’s checking account and then depositing the checks into her personal bank account; by stealing cash payments made by motel guests; and by using Shire Riverview funds to pay her personal expenses, including credit card, gasoline, fuel oil, and telephone and Internet service bills. According to the information, Smith used about $40,000 in stolen funds to pay for improvements to a house in Barnard.
As part of her plea, Smith agreed to forfeit to the United States about $40,000 in improvements to the Barnard house and to pay a forfeiture money judgment in the full amount of the loss.
Smith faces up to 20 years of imprisonment and a fine of up to $250,000. The actual sentence will be determined with reference to federal sentencing guidelines.
This case was investigated by the Woodstock Police Department and the Federal Bureau of Investigation.
Smith is represented by George Ostler. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Florida Man Charged in Tax Scheme

Marc Celestin, 34, of Miami, Florida, was charged today by indictment with eight counts of wire fraud and eight counts of making a false claim against the United States, announced United States Attorney Zane David Memeger. The indictment alleges that from January 2011 to May 2012, Celestin used the stolen identities of a number of people to fraudulently prepare tax returns directing that the tax refund checks be direct deposited to bank accounts opened and controlled by Marc Celestin.
If convicted the defendant faces a maximum possible sentence of 200 years of imprisonment, three years of supervised release, a $4,000,000 fine, and a special assessment of $1,600.
The case was investigated by the Internal Revenue Service and the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Laurie Magid.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

Florida Man Charged in Tax Scheme

Marc Celestin, 34, of Miami, Florida, was charged today by indictment with eight counts of wire fraud and eight counts of making a false claim against the United States, announced United States Attorney Zane David Memeger. The indictment alleges that from January 2011 to May 2012, Celestin used the stolen identities of a number of people to fraudulently prepare tax returns directing that the tax refund checks be direct deposited to bank accounts opened and controlled by Marc Celestin.
If convicted the defendant faces a maximum possible sentence of 200 years of imprisonment, three years of supervised release, a $4,000,000 fine, and a special assessment of $1,600.
The case was investigated by the Internal Revenue Service and the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Laurie Magid.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

California Man Guilty in $7 Million Fraud Scheme Concerning Purported Alternative Energy Technology

LOS ANGELES—A Northern California man has been convicted of federal fraud charges for his involvement in a $7 million investment scheme that lured investors with false promises relating to the development of an alternative energy technology, Richard S. Hartunian, the United States Attorney for the Northern District of New York, announced today.
Richard M. Rossignol, 63, who now resides in Shingle Springs, California, was convicted on February 28 of one count of conspiracy to commit mail and wire fraud. The jury took less than six hours to render its verdict on the sole count.
United States District Judge Audrey B. Collins presided over the seven-week trial in United States District Court in Los Angeles. Following the verdict on Friday, Judge Collins scheduled a sentencing hearing for June 16. At sentencing, Rossignol faces a sentence of up to 20 years in federal prison.
Rossignol and a co-defendant—William A. Stehl, 69, of Ventura—were arrested in Oxnard, California, four years ago in connection with an indictment filed in the Northern District of New York. Both men were charged with conspiracy to commit mail and wire fraud. Additionally, Stehl was charged with several tax charges and lying to federal agents.
The conspiracy count alleged that from 2001 up to the time of the indictment in March 2010, Stehl, Rossignol, and others induced victims to invest money in companies that were purportedly developing or utilizing an alternative energy source Stehl claimed he had developed. Investors were told that one of Stehl’s applications related to the processing of precious metals allegedly contained in a slag pile in Silver City, New Mexico.
Stehl and Rossignol were charged with fraudulently obtaining money from investors by making false representations about the status of the process, claiming that contracts and licensing agreements had either been signed, or were about to be signed, and would result in significant financial returns for the investors. Stehl and Rossignol obtained more than $7 million from more than 300 victims. None of the investors received the returns promised by Stehl and Rossignol, and most of the money obtained was used for personal expenditures by Stehl and Rossignol.
Stehl was living near Saranac Lake in New York when the scheme started. Stehl moved to Southern California in late 2005, and Rossignol was convicted of conspiring with Stehl and others up to the time of the indictment. Fraud victims lived across the nation, including in Sacramento, California; Los Angeles; Charleston, West Virginia; and New York.
The indictment was originally filed in the Northern District of New York, but in October 2012, the case was transferred to the Central District of California to accommodate Stehl, who received injuries in an explosion occurring in a building in Sylmar, California, on August 9, 2011.
In November 2013, Judge Collins granted a request by Stehl’s attorneys to have a separate trial. Stehl is now scheduled to go to trial on July 22. Rossignol is free on bond.
The investigation in this case was conducted by Special Agents of the Internal Revenue Service Criminal Investigation, New York Field Office, and the Federal Bureau of Investigation, Albany, New York Field Office. The case is being prosecuted by Assistant United States Attorney Kevin P. Dooley of the Binghamton branch office in the Northern District of New York. Additional inquiries can be directed to AUSA Dooley at (607) 773-2887.