May 15, 2013
The Federal Bureau of Investigation (FBI) on May 14, 2013 released the following:
“Former Construction Company Owner Indicted in Nevada for Income Tax Evasion
WASHINGTON—A federal grand jury in Nevada today returned an indictment against a former construction company owner for evading federal income and employment taxes, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, Internal Revenue Service-Criminal Investigation (IRS-CI) Chief Richard Weber, FBI Acting Special Agent in Charge William C. Woerner of the Las Vegas Field Office, and Sheriff Doug Gillespie of the Las Vegas Metropolitan Police Department.
Leon Benzer, 46, of Las Vegas, was charged in U.S. District Court in the District of Nevada with two counts of tax evasion.
In January 2013, Benzer was indicted in a related case on charges of wire fraud and conspiracy to commit wire and mail fraud. According to court documents, from approximately August 2003 through February 2009, Benzer orchestrated a scheme to direct construction defect litigation and repairs at condominium complexes to a conspiring law firm and Benzer’s construction company, Silver Lining Construction (SLC). As a result of this scheme, the indictment alleges that SLC was awarded a contract worth over $7 million for work at the Vistana Homeowner’s Association (Vistana HOA) in Las Vegas. The case is pending.
According to the indictment returned today, in August 2006, Benzer filed five years’ worth of personal tax forms and business tax returns without any payments accompanying those returns. As of April 2007, Benzer had allegedly failed to pay his personal tax liability of approximately $459,000 and SLC’s employment tax liability of approximately $687,000 and unemployment tax liability of approximately $18,000. In May 2007, the IRS issued a notice of intent to file a levy; Benzer subsequently appealed this process and indicated that he wanted to enter into an “offer-in-compromise” with the IRS to pay a portion of what was owed in full satisfaction of all his tax liabilities. According to the indictment, during this offer-in-compromise process, the IRS requested detailed financial information from Benzer.
Between March 2005 and January 2008, the indictment alleges that Benzer and SLC received over $7 million from the Vistana HOA contract, including a wire transfer of over $1 million on September 21, 2007, to a personal U.S. Bank account that Benzer opened in August 2007. The indictment alleges that when Benzer filed certain IRS forms related to the offer-in-compromise process on September 25, 2007, he failed to disclose this personal U.S. Bank account or the assets contained in it.
The maximum prison sentence for each count of tax evasion is five years in prison and a maximum fine of $100,000.
The charges and allegations against the indicted defendant are merely accusations, and the defendant is considered innocent unless and until proven guilty.
The case is being prosecuted by Senior Deputy Chief Kathleen McGovern, Deputy Chief Charles La Bella, and Trial Attorney Thomas B.W. Hall of the Criminal Division’s Fraud Section. The case is being investigated by IRS-CI, the FBI, and the Las Vegas Metropolitan Police Department, Criminal Intelligence Section.
Today’s charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ Offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory, and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state, and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions; and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit http://www.stopfraud.gov.”;
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
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To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
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Posted by McNabb Associates, P.C.
March 29, 2013
The Federal Bureau of Investigation (FBI) on March 27, 2013 released the following:
“BEAUMONT, TX— Four Port Arthur, Texas men have been indicted and arrested in connection with a mail fraud scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
An indictment was returned by a federal grand jury on March 6, 2013, charging Christopher Thomas, 41; Lawrence Thomas, 42; Haleem Collins, 35; and Quarmi Garlington, 25, with conspiracy to commit mail fraud.
The indictment, which was unsealed today, alleges that from November 6, 2006 to March 8, 2012, the defendants conspired with each other to defraud numerous auto insurance companies by submitting fraudulent insurance claims for personal injury and economic loss through the U.S. Postal Service. According to the indictment, the defendants repeatedly staged automobile collisions in Port Arthur after having purchased policies on the vehicles involved. Once the defendants either actually crashed the vehicles or staged a collision, they would contact police and assume the roles of drivers and passengers for emergency personnel. The indictment also alleges that the defendants would use aggressive driving tactics to induce automobile accidents with other unsuspecting drivers. Following these collisions, the defendants would falsely claim to be injured and submit, by means of the mail, fraudulent accident claims.
The defendants were taken into custody and made initial appearances this week before U.S. Magistrate Judge Zack Hawthorn.
If convicted of the conspiracy charge, the defendants each face up to 20 years in federal prison.
This case is being investigated by the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Port Arthur Police Department; and the National Insurance Crime Bureau and is being prosecuted by Assistant U.S. Attorney Baylor Wortham.
A grand jury indictment is not evidence of guilt, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
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To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » | Federal Criminal Defense Attorneys - McNabb Associates, Federal Crime, Federal Crimes, Federal Lawyer, Federal Attorney, Federal Criminal Defense, Federal Criminal Lawyer, Federal Criminal Attorney | Tagged: Bureau of Alcohol Tobacco Firearms Explosives, Christopher Thomas, conspiracy to commit mail fraud, Douglas C McNabb, Douglas McNabb, federal attorney, federal attorneys, Federal Bureau of Investigation, federal criminal attorney, federal criminal attorneys, federal criminal charge, federal criminal charges, federal criminal defense, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal grand jury, federal lawyer, federal lawyers, federal mail fraud crimes, Haleem Collins, international lawyer, Lawrence Thomas, Mail Fraud Conspiracy, McNabb Associates, Quarmi Garlington, transnational criminal defense, U.S. Magistrate Judge Zack Hawthorn | Permalink
Posted by McNabb Associates, P.C.
September 15, 2012
The Federal Bureau of Investigation (FBI) on September 14, 2012 released the following:
“RALEIGH— The United States Attorney’s Office announced that the indictment of JAMES THOMAS WEBB, 51, was unsealed today in federal court. WEBB has been charged in a 50-count indictment which includes conspiracy to commit bank and wire fraud, in violation of Title 18, United States Code, Section 1349; 10 counts of bank fraud and aiding and abetting, in violation of Title 18, United States Code, Sections 1344 and 2; three counts of wire fraud and aiding and abetting, in violation of Title 18, United States Code, Sections 1343 and 2; and 36 counts of making false statements to influence banks on loans and aiding and abetting, in violation of Title 18, United States Code, Sections 1014 and 2. WEBB was arrested by federal agents on September 13, 2012 in Miami, Florida.
The Indictment charges that between 2002 and 2006, WEBB operated various real estate companies, including Alpine Properties, LLC and Webb Builders, LLC for a profit. WEBB promised investors in multiple states quick, large, and safe financial gains by investing money with him. WEBB promised investors that he would use their money to purchase, renovate, and resell properties to first-time home buyers in various states, including North Carolina, Virginia, and Tennessee. WEBB caused investors to take out loans on properties that he and his companies had allegedly renovated.
The indictment further alleges that despite alleged philanthropic and humanitarian objectives, that WEBB carried out a fraud upon both the investors who gave cash to WEBB, and the banks and lenders who WEBB caused to disburse loan proceeds. According to the indictment, WEBB conspired with former attorney, Amy Robinson, to falsify closing statements associated with the loan transactions. It is alleged that the closing statements falsified various facts, including the amount of money paid to WEBB on the transactions. WEBB is also alleged to have conspired with a former appraiser, Larry Max McDaniel, and his associate, Jackie Gale Weaver, to falsify appraisal reports that were given to banks and lenders in connection with investor loans. The appraisal reports are alleged to have falsely stated that McDaniel had physically viewed the properties, when in fact he had not. The indictment also alleges that the properties sold to investors and financed by banks were not always completed or in the condition represented in the appraisal reports.
During the course of the alleged scheme, the indictment charges that WEBB lived lavishly, residing in a multi-million-dollar mansion, driving expensive vehicles, including a Bentley, traveling extensively, and otherwise paying himself handsomely. WEBB is alleged to have abruptly left North Carolina for Florida in 2004, where he continued to market his services under new company names.
According to the indictment, based upon WEBB’s statements and representations to investors, various individuals collectively invested millions of dollars with WEBB and his companies. Additionally, banks and lenders are alleged to have disbursed millions of dollars in loans, leaving investors holding millions in debt. The indictment alleges that WEBB left various neighborhoods in North Carolina and Virginia blighted with boarded up and dilapidated homes, many of which were ultimately demolished as uninhabitable.
Larry Max McDaniel, 69, pleaded guilty in federal court on June 11, 2012 to making false statements to federally insured financial institutions, and aiding and abetting. Jackie Gale Weaver pleaded guilty in federal court on September 21, 2011 to conspiracy to make false statements to federally insured financial institutions. Amy Robinson, 35, pleaded guilty in federal court on May 3, 2010 to conspiracy to commit mail, wire, and bank fraud.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
Investigation of this case is being 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. Assistant United States Attorney William M. Gilmore is prosecuting the case.”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
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To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
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Posted by McNabb Associates, P.C.
July 17, 2012
The Wall Street Journal on July 17, 2012 released the following:
“By Chad Bray
Four dozen people have been charged in a scheme to illegally resell expensive prescription drugs obtained by Medicaid recipients in New York City to pharmacies nationwide.
Federal prosecutors in Manhattan said that people involved in the alleged scheme obtained hundreds of millions of dollars worth of prescription drugs from low-income and other Medicaid recipients — who would get them at a steep discount or for free — and then resold the drugs through a network of corrupt wholesale distribution companies.
The drugs, which are costly when purchased legitimately, included treatments for HIV, schizophrenia and asthma. For example, the defendants allegedly targeted HIV drugs Atripla and Truvada and schizophrenia treatment Zyprexa, all of which retail for more than $1,000 a bottle.
Prosecutors have charged 48 people in total in the case, ranging from persons who allegedly bought the drugs on the street to persons who allegedly resold them to wholesale distribution channels. The charges include: conspiracy to commit mail fraud, wire fraud and healthcare fraud; conspiracy to misbrand and unlawfully distribute prescription drugs; conspiracy to traffic in counterfeit goods; and engaging in a narcotics conspiracy.
The Federal Bureau of Investigation had taken 35 people into custody across the country on Tuesday morning, including more than a dozen in New York and New Jersey, said spokesman Peter Donald.
FBI officials are expected to join Preet Bharara, the U.S. attorney in Manhattan, and New York City Police Commissioner Raymond Kelly at a 1 p.m. press conference Tuesday to discuss the case.
The investigation is the latest in an ongoing effort to crack down on fraud within government health-care programs, which costs the U.S. billions of dollars each year.
In February, the U.S. Department of Justice and the Department of Health and Human Services said efforts to prevent and combat fraud had resulted in the recovery of nearly $4.1 billion in taxpayer dollars in fiscal year 2011. In May, doctors and nurses were among 107 people arrested nationwide in a coordinated sweep related to some $452 million in bogus claims to Medicare, which provides health insurance to the elderly and the disabled.
In the latest case, the Medicaid recipients allegedly sold their drugs for cash on street corners and in bodegas in New York City, including in the Washington Heights neighborhood of Manhattan and the Bronx, prosecutors said. Those drugs then pass up a chain of persons, known as “collectors” and “aggregators,” who then sell the second-hand drugs into corrupt distribution channels that resell the drugs to pharmacies.
Prosecutors said that members of the scheme used lighter fluid and other potentially hazardous chemicals to remove the original patient labels from the drug bottles, which include information about the patient, the original pharmacy where it was purchased and dosage instructions, prosecutors said. Other times, they replaced the original manufacturers’ labels with counterfeit ones when the drugs have expired or are close to their expiration dates.”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
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To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » | Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: asthma, Atripla, conspiracy to commit mail fraud, conspiracy to misbrand, conspiracy to traffic in counterfeit goods, Douglas C McNabb, Douglas McNabb, engaging in a narcotics conspiracy, fbi, federal attorney, federal attorneys, Federal Bureau of Investigation, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, federal prosecutors, healthcare fraud, HIV, international lawyer, McNabb Associates, Medicaid Drug Scheme, Medicaid recipients, schizophrenia, transnational criminal defense, Truvada, unlawfully distribute prescription drugs, wire fraud, Zyprexa | Permalink
Posted by McNabb Associates, P.C.
April 25, 2012
The Wall Street Journal on April 25, 2012 released the following:
“By Chad Bray
Four account representatives for a defunct Long Island investment firm have been charged with helping carry out a $400 million Ponzi scheme, federal prosecutors in Brooklyn said Wednesday.
The account representatives — Jason Keryc, Anthony Massaro, Anthony Ciccone and Diane Kaylor — worked for Hauppauge, N.Y.-based Agape World Inc. and Agape Merchant Advance LLC.
Nicholas Cosmo, Agape’s former owner and president, was sentenced to 25 years in prison in October after pleading guilty to mail fraud and wire fraud in 2010.
Prosecutors alleged the account representatives played a key role in the scheme by soliciting and obtaining hundreds of millions of dollars from investors.
“These defendants allegedly convinced thousands of men and women to part with their hard-earned money for what was supposed to be a safe investment,” said Loretta Lynch, the U.S. Attorney in Brooklyn. “In reality, the investors were duped into investing in a classic Ponzi scheme.”
They falsely represented to investors that the investments would only be used to make short-term, secured bridge loans to commercial borrowers or short-term loans to small businesses, and that investing in Agape or its sister company, AMA, carried little or no risk, prosecutors said.
Agape and AMA actually was a Ponzi scheme where new investor money was used to pay returns to existing investors, prosecutors said. Also, about $100 million of investor money was used without their knowledge to trade in high-risk futures and securities, prosecutors said. Investors lost about $179 million in the scheme, prosecutors said.
When some investors became concerned about their investments, the account representatives allegedly offered them a fictitious insurance policy, promising the insurance plan would own a portion of liens that purportedly secured repayment of the bridge loans, prosecutors said. The scheme allegedly raised about $865,000 in additional funds from the bogus insurance pitch, prosecutors said.
The four account representatives allegedly received about $38 million combined in commissions, prosecutors said. They have been charged with conspiracy to commit mail fraud and face up to 20 years in prison.
“[Massaro] will plead not guilty because he is not guilty,” said Joseph Tacopina, a lawyer for Massaro. “He was fully cooperative with the government in its case against Nicholas Cosmo years ago, so suffice it to say that these charges come as quite a shock.”
Lawyers for Ciccone, Keryc and Kaylor didn’t immediately return phone calls seeking comment Wednesday.”
US v Keryc, et al- Federal Criminal Complaint and Supporting Affidavit
18 U.S.C. § 1349
Federal Mail Fraud
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
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To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » | Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: Agape Merchant Advance LLC, Agape World Inc, Anthony Ciccone, Anthony Massaro, conspiracy to commit mail fraud, Diane Kaylor, Douglas C McNabb, Douglas McNabb, federal attorney, federal attorneys, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, federal mail fraud, federal mail fraud crimes, federal prosecutors, international lawyer, Jason Keryc, mail fraud, mail fraud crimes, McNabb Associates, Nicholas Cosmo, Ponzi, ponzi scheme, transnational criminal defense, wire fraud | Permalink
Posted by McNabb Associates, P.C.
March 30, 2012
The Federal Bureau of Investigation (FBI) on March 29, 2012 released the following:
“WILMINGTON, DE—Charles M. Oberly, III, United States Attorney for the District of Delaware, announced today that a superseding indictment was handed down yesterday by the federal grand jury charging Donald L. Dutton, Sr. and Vicki R. Dutton, of Ellendale, Delaware, with one count of conspiracy to defraud the Internal Revenue Service (IRS) by failing to file individual and corporate tax returns (18 U.S.C. § 371) and four counts of willful failure to file tax returns (26 U.S.C. § 7203). The federal grand jury had previously charged the defendants on September 6, 2011 with one count of conspiracy to commit mail fraud (18 U.S.C. § 1349) and five counts of mail fraud (18 U.S.C. § 1341).
According to the superseding indictment, the defendants conspired to defraud the IRS by failing to report approximately $1.8 million in taxable income that they earned between 2005 and 2008 as the owners and operators of trucking companies in Georgetown, Delaware called Little D. Trucking Co. Inc. and D. Dutton Trucking Co. Inc. In particular, the defendants’ allegedly filed no individual tax returns (Form 1040s) and no corporate tax returns (Form 1120s) on behalf of Little D. Trucking Co. Inc. with the federal government during this timeframe.
To conceal the income generated by the trucking companies, the defendants allegedly directed office staff to prepare false spreadsheets that inflated their business deductions. For example, the superseding indictment lists personal expenses such as jewelry, clothing, and child support, which the defendants categorized as business expenses on these spreadsheets. The defendants allegedly presented these spreadsheets to their accountant for tax preparation purposes.
The superseding indictment further charges that, between 2005 and 2009, the defendants failed to report to the Internal Revenue Service wages paid to the 15-22 truck drivers and office staff employed by their trucking companies.
The superseding indictment added the tax-related charges to prior allegations of mail fraud conspiracy and mail fraud, which involved a $1.3 million scheme to defraud Allens Family Foods (Allens). Allens was a poultry processing company based in Seaford and Harbeson, Delaware that declared bankruptcy this past June due to financial woes largely unrelated to the alleged scheme. Dutton Trucking hauled loads for Allens as an outside vendor. The superseding indictment alleges that the defendants billed Allens for trucking loads that were not actually hauled by Dutton Trucking. The Duttons allegedly paid a former Allens dispatch clerk a substantial cash kickback for her assistance in the fraud.
If convicted of the pending charges, the defendants face up to 20 years in prison on each count of mail fraud and mail fraud conspiracy and up to five years in prison for the conspiracy to defraud the IRS, in addition to possible fines and restitution. The four counts of willful failure to file tax returns are misdemeanors, each punishable by up to one year in prison.
United States Attorney Oberly stated, “To function, our federal and state governments rely upon citizens’ truly reporting their income to the Internal Revenue Service. Our office will vigorously prosecute those who seek to thwart their civic duties by failing to file returns or pay their just share.”
“The license to run a business is not a license to avoid paying taxes,” said Acting SAC Akeia Conner, IRS-Criminal Investigation, Philadelphia Field Office. “Mr. and Mrs. Dutton’s alleged misconduct, hiding income and having their business pay their purely personal expenses, cheated all Americans, since we all have to pay our fair share for the government services and protections that we enjoy.”
The case is the result of an investigation conducted by the Seaford, Delaware Police Department; the Federal Bureau of Investigation; and Internal Revenue Service-Criminal Investigation. The prosecution is being handled by Assistant United States Attorneys Ilana Eisenstein and Jamie McCall, District of Delaware. For further information, please contact AUSA Eisenstein at 302-573-6082 or AUSA McCall at 302-573-6079.
The charges in the indictment are only allegations, and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.”
US v Donald Lee Dutton, Sr. and Vicki R Dutton – Federal Criminal Indictment
US v Donald Lee Dutton, Sr. and Vicki R Dutton – Federal Criminal Superseding Indictment
18 U.S.C. § 371
18 U.S.C. § 1341
18 U.S.C. § 1349
26 U.S.C. § 7203
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
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To find additional federal criminal news, please read Federal Crimes Watch Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
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Posted by McNabb Associates, P.C.
February 28, 2012
The Federal Bureau of Investigation (FBI) on February 27, 2012 released the following:
“Attorney and Bank Vice President Among Those Charged
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Jeff Atwater, Chief Financial Officer, State of Florida’s Department of Financial Services, and Tom Grady, Commissioner, State of Florida’s Office of Financial Regulation, announced the filing of an criminal information charging defendants Jacinto Puentes, 53, West Palm Beach, Elinor Puentes, 52, West Palm Beach, Theodore Tarone, 43, West Palm Beach, Raul Salabarria, 55, Royal Palm Beach, and Rogelio Ramirez, 42, Port Saint Lucie, with one count of conspiracy to commit mail fraud in connection with a multi-million dollar mortgage fraud scheme. If convicted, the defendants face a statutory maximum sentence of thirty years in prison.
Friday, three of the defendants, Jacinto Puentes, Elinor Puentes, and Raul Salabarria, made their initial appearances and were arraigned before U.S. Magistrate Judge James M. Hopkins in West Palm Beach, Florida. Defendants Elinor Puentes and Raul Salabarria were released on $250,000 personal surety bonds. Defendant Jacinto Puentes was held on a $50,000 corporate surety bond. The remaining two defendants are scheduled to be arraigned on Wednesday, February 29, 2012.
According to the information, the defendants engaged in a multi-million dollar scheme to fraudulently obtain mortgages through the use of false documentation. More specifically, from November 2006 through November 2007, Jacinto Puentes and Raul Salabarria found seventeen properties in Florida and Tennessee for which they sought financing above the actual sales price quoted by the seller. Defendant Jacinto Puentes prepared and submitted loan applications containing false information and false supporting documentation, including false verifications of bank deposits from Wachovia Bank’s then Assistant Vice President, defendant Rogelio Ramirez.
According to the information, defendant Elinor Puentes and others required the sellers to use the services of co-conspirator attorney Theodore Tarone as the settlement agent. Defendant Tarone prepared duplicate HUD-1 settlement forms to reflect the two different selling prices. The lender received a HUD-1 with an inflated purchase price, while the seller received a HUD-1 with the actual sales price. Through this scheme, the conspirators received approximately $8 million in loan proceeds for the purchase of those 17 properties. Some of the defendants diverted approximately $500,000 of the loan proceeds for their personal benefit.
Mr. Ferrer commended the investigative efforts of the FBI, the State of Florida’s Department of Financial Services, and the Florida Office of Financial Regulation. The case is being prosecuted by Assistant U.S. Attorney Kerry S. Baron.
An Information is only an accusation and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
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To find additional federal criminal news, please read Federal Crimes Watch Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.
The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » | Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: conspiracy, conspiracy to commit mail fraud, criminal information, Douglas C McNabb, Douglas McNabb, Elinor Puentes, fbi, federal attorney, federal attorneys, Federal Bureau of Investigation, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, Jacinto Puentes, mail fraud, McNabb Associates, mortgage fraud, mortgage fraud scheme, Raul Salabarria, Rogelio Ramirez, Southern District of Florida, Theodore Tarone, U.S. Magistrate Judge James M. Hopkins | Permalink
Posted by McNabb Associates, P.C.
January 9, 2012
The Federal Bureau of Investigation (FBI) on January 9, 2012 released the following:
“Former Chief Technology Officer of San Jose Video Arcade Gaming Software Company Pleads Guilty to Conspiracy to Commit Mail and Wire Fraud, Conspiracy to Commit Bank Fraud
Manufactured and Sold Counterfeit Global VR Game Packs, Submitted False Information in Mortgage Applications To Secure More Than $3 Million in Loans From Countrywide Home Loans
SAN JOSE, CA—The former chief technology officer of Santa Clara, Calif., video game developer Global VR, and the former owner of NexTune Corporation, d/b/a UltraCade Technologies, pleaded guilty Friday to conspiracy to commit mail and wire fraud, and conspiracy to commit bank fraud, U.S. Attorney Melinda Haag announced. The charges were contained in separate indictments but consolidated for the guilty pleas.
David Foley, 46, of Los Gatos, Calif., admitted that, as charged in the first indictment, he manufactured thumb drives, known as “game packs,” containing video gaming software that could be loaded onto arcade video game machines made for the home market. Foley illegally produced the products from his home while working as the chief technology officer of Global VR, which had previously acquired all rights to produce and sell games under the UltraCade name. After producing the game packs, Foley sold the products to a co-defendant located in Milford, Conn., and agreed to sell the game packs to the public using packaging and advertisements that falsely represented the goods to have been genuinely manufactured by UltraCade. Foley thereafter received payment for the illegally manufactured game packs by mail and wire.
Foley further admitted that, as charged in the second indictment, he defrauded Countrywide Home Loans (now owned and operated by Bank of America) of mortgage and home equity line of credit loans in the amounts of $2,624,475 and $374,925. He did this by falsely claiming that he was still employed at Global VR. Foley had been fired from his job by the time the loan applications were submitted. Foley admitted that he instructed a co-defendant to contact Countrywide Home Loans to falsely confirm his continued employment, after his employment had been terminated and prior to receiving the funds.
United States District Court Judge Edward J. Davila allowed Foley’s continued release on a $100,000 bond and ordered him to return to court on April 30, 2011, at 9 a.m. for sentencing.
The maximum statutory penalty for conspiracy to commit mail fraud in violation of 18 U.S.C. § 1349 is 20 years in prison and a fine of $250,000 or twice the gross gain or loss, a mandatory special assessment and restitution. The maximum statutory penalty for conspiracy to commit bank fraud in violation of 18 U.S.C. §1349 is 30 years in prison, a mandatory special assessment, and a fine of $1 million and restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Richard C. Cheng of the Computer Hacking and Intellectual Property (CHIP) Unit is prosecuting the case with the assistance of legal assistant Tracey Andersen. The prosecution is the result of a lengthy investigation by the Federal Bureau of Investigation.
Further Information:
Case #s: CR-09 00670-EJD and CR-11 00554-EJD”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
Federal Crimes – Appeal
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To find additional federal criminal news, please read Federal Crimes Watch Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.
The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
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Posted by McNabb Associates, P.C.
January 5, 2012
The Federal Bureau of Investigation (FBI) on January 4, 2012 released the following:
“Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Gaston E. Cantens, 73, of Miami, was charged in a criminal information with one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 371.
According to the Information filed in court, Royal West Properties, Inc. (“Royal West”) was a Miami-Dade corporation that promised to pay investors a fixed rate of return on investments made with the company. Gaston E. Cantens was the president of Royal West Properties, Inc. In this capacity, Cantens allegedly recruited individuals to invest in Royal West by promising investors that their investments would be guaranteed by properties or mortgages that acted as collateral.
According to the information, Cantens misappropriated money from investors by making materially false representations and concealing and omitting to state material facts concerning, among other things, the financial condition of Royal West, the manner in which mortgages and properties were assigned as collateral to investors, the assignment of non-performing mortgages, the assignment of mortgages that were paid in full, the proper recording of mortgages, and the recording of investors’ interests in properties and mortgages.
Specifically, the Information alleges that Cantens told investors that their moneys were collateralized by individual properties but failed to inform them that the collateralized properties had previously been assigned to other investors. Cantens received moneys from investors based on these misrepresentations, and used the moneys for his personal benefit and to further the fraud scheme.
The information alleges specific instances of fraud. For example, according to the Information, in February 2008, Cantens allegedly assigned a property to Our Lady of Belen Jesuit as collateral for an investment. In May 2008, Cantens assigned the same property again as collateral to investor “R.R.” for an investment. In addition, according to the factual proffer in the plea agreement filed today, Royal West sold the property to “V.R.” and assigned the mortgage on the property to yet another investor, “S.M.” Cantens never informed the investors, including Our Lady of Belen Jesuit, of the existence of other investors or their interests in the property.
Mr. Ferrer commended the investigative efforts of the FBI. Mr. Ferrer also commended the efforts of SEC Regional Director Eric Bustillo and his staff for their contributions to this investigation and its successful prosecution. The case is being prosecuted by Assistant U.S. Attorney H. Ron Davidson.
An information is merely an accusation and a defendant is presumed innocent until proven guilty.
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 http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
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To find additional federal criminal news, please read Federal Crimes Watch Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.
The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » | Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: 18 USC 371, Assistant U.S. Attorney, conspiracy to commit mail and wire fraud, conspiracy to commit mail fraud, Conspiracy to commit wire fraud, criminal information, Douglas McNabb, fbi, federal attorney, federal attorneys, Federal Bureau of Investigation, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal information, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, fraud, Gaston E. Cantens, mail fraud, McNabb Associates, Miami Federal Court, Royal West Properties Inc, securities fraud, securities fraud scheme, Southern District of Florida, U.S. District Court in Miami, wire fraud | Permalink
Posted by McNabb Associates, P.C.
December 29, 2011
The Federal Bureau of Investigation (FBI) on December 28, 2011 released the following:
“Three men have been arrested for their participation in a scheme to manufacture, distribute and sell to the public stem cells and stem cell procedures that were not approved by the Food and Drug Administration (FDA), United States Attorney Kenneth Magidson announced today along with Assistant Attorney General Tony West of the Department of Justice’s Civil Division, Special Agent in Charge Patrick J. Holland of the FDA—Office of Criminal Investigations (OCI) and Special Agent in Charge Cory B. Nelson of the FBI.
Francisco Morales, 52, of Brownsville, Texas, was arrested by Customs and Border Protection agents pursuant to a arrest warrant late Dec. 22, 2011. He made his initial appearance the following morning at which time he was ordered held without bond. Alberto Ramon, 48, of Del Rio, Texas, and Vincent Dammai, 40, of Mount Pleasant, S.C., were arrested yesterday. Ramon was arrested as he was about to enter his clinic and has already made his initial appearance in Del Rio, while Dammai was arrested in Florence, S.C., and is expected to make his initial appearance in Charleston, S.C., this morning. Lawrence Stowe, 58, of Dallas, Texas, also charged in relation to this case, is considered a fugitive and a warrant remains outstanding for his arrest. The two indictments in this matter, returned Nov. 9 and 10, 2011, have been unsealed by order of the court.
“Protecting the public from unproven and potentially dangerous drug and medical procedures is very important,” said Magidson. “This office will continue to prosecute violations involving threats to the public health.”
“This investigation identified a scheme whereby the suffering and hopes of victims in extreme medical need were used and manipulated for personal profit,” said Nelson. “The predatory and opportunistic nature of the crimes alleged in this indictment mirrors images from science fiction.”
The defendants allegedly conspired to commit mail fraud and unlawfully distributed stem cells derived from umbilical cord blood. According to the indictment, Morales and the others manufactured, distributed and used stems cells produced from umbilical cord blood to perform procedures not approved by the FDA to treat persons suffering from cancer, amytrophic lateral sclerosis (ALS), multiple sclerosis (MS) and other autoimmune diseases. FDA approval is required before stem cells can be marketed to the public and used to treat incurable diseases and the FDA has not determined that stem cells are safe and effective in treating these diseases.
“This indictment demonstrates the commitment of the FDA to protect the American public from the harms inherent in being exposed to unapproved new drugs,” said Holland. “The FDA will continue to aggressively pursue perpetrators of such acts and ensure that they are punished to the full extent of the law.”
Beginning in March 2007 and continuing through 2010, the indictment alleges Morales falsely represented to the public that he was a physician licensed to practice medicine in the United States and provided medical advice to individuals regarding the benefits of stem cell treatments. Morales also allegedly falsely represented that he operated a medical clinic named Rio Valley Medical Clinic in Brownsville, Texas, in order to convince the public that he specialized in using stem cells to treat incurable diseases. After meeting patients in the United States, Morales would allegedly travel to Mexico to perform the stem cell procedures. The indictment further alleges that Stowe marketed, promoted and sold stem cells along with other drug and biological products for the treatment of cancer, ALS, MS and Parkinson’s Disease that had not been reviewed or approved by the FDA. Stowe operated several entities, including The Stowe Foundation and Stowe Biotherapy Inc., through which he allegedly marketed and sold these products.
The stem cells referenced in the indictment were created and manufactured from umbilical cord blood obtained from birth mothers who were patients of Ramon—a licensed midwife who operated The Maternity Care Clinic in Del Rio, Texas. Ramon allegedly sold the cord blood to a company called Global Laboratories located in Scottsdale, Ariz. After obtaining the cord blood from Ramon, the indictment alleges Global Laboratories would send the tissue to Dammai—a professor of pathology and laboratory medicine in Charleston, S.C. Dammai, without obtaining approval from FDA or University authorities, allegedly used university facilities to create stem cells that were later sold by Global Laboratories. As a result of this fraudulent scheme, the public was mislead into believing that stem cells and other drug and biological products sold by defendants had been approved by the FDA to treat cancer, ALS, MS and Parkinson’s Disease, The defendants allegedly received more than $1.5 million from patients suffering from incurable diseases.
The case is being prosecuted by Assistant United States Attorneys Samuel Louis and Cedric Joubert with the assistance of Carol Wallack with the Consumer Protection Branch in the Department of Justice’s Civil Division. The case was investigated by the FDA-OCI, FBI and Internal Revenue Service—Criminal Investigations.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
————————————————————–
To find additional federal criminal news, please read Federal Crimes Watch Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.
The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » | Federal Criminal Defense Attorneys - McNabb Associates | Tagged: Alberto Ramon, conspiracy, conspiracy to commit mail fraud, Douglas McNabb, fbi, FDA, federal attorney, federal attorneys, Federal Bureau of Investigation, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, Food and Drug Administration, Francisco Morales, Lawrence Stowe, mail fraud, Mail Fraud Conspiracy, McNabb Associates, Vincent Dammai | Permalink
Posted by McNabb Associates, P.C.
