Kenneth C. Osbourne, Jr. and Sheldon Hylton Indicted by a Federal Grand Jury for Allegedly Committing Conspiracy to Commit Bank Fraud, Aggravated Identity Theft, Bank Fraud, and Aiding and Abetting

September 1, 2011

The Federal Bureau of Investigation (FBI) on August 31, 2011 released the following:

“Two Charged in Identity Theft Scheme

Kenneth C. Osbourne, Jr. and Sheldon Hylton were charged today by indictment, filed on August 25, 2011, with conspiracy to commit bank fraud and aggravated identity theft, bank fraud, aggravated identity theft, and aiding and abetting, announced United States Attorney David Memeger. Hylton is also charged with wire fraud and possession, with intent to use unlawfully, five or more false identification documents. He was arrested this morning.

The charges stem from the defendants’ participation in an identity theft scheme that resulted in the personal identity information of approximately 86 individuals being compromised. According to the indictment, defendant Osbourne used his position as a customer service representative at AmeriHealth Administrators, Inc. to access customers’ personal identity information, including names, dates of birth, Social Security numbers, and bank account numbers, and passed this information along to defendant Hylton. Hylton, in turn, obtained counterfeit checks that were printed using the victims’ names, addresses, and bank account numbers. The indictment alleges that, between October 2009 and January 2010, defendant Hylton and other co-conspirators deposited approximately 48 counterfeit checks totaling approximately $289,846.82 into TD Bank accounts, and subsequently withdrew approximately $189,300 cash from these accounts. According to the indictment, defendant Hylton also used the personal identity information of five victims to access online adult pornography websites. Hylton also was charged with possession of 15 counterfeit Pennsylvania driver’s licenses.

Information Regarding the Defendants

Nams Address Age
Kenneth C. Osbourne, Jr. Philadelphia, PA 35
Sheldon Hylton Philadelphia, PA 22

If convicted, defendant Osbourne faces a maximum possible sentence of 57 years’ imprisonment, including a mandatory term of imprisonment of two years, a $4 million fine, a five-year term of supervised release, and a $1,300 special assessment. Defendant Hylton faces a maximum possible sentence of 82 years’ imprisonment, including a mandatory term of imprisonment of two years, a $4.5 million fine, a five-year term of supervised release, and a $1,500 special assessment

The case was investigated by the Federal Bureau of Investigation and United States Secret Service and is being prosecuted by Assistant United States Attorney Karen M. Klotz.

An indictment or information is an accusation. A defendant is presumed innocent unless and until proven guilty.”

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 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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Ryan J. Ferraro, Matthew J. Gattis, and Nestor D. Astorga-Villegas Indicted by a Phoenix Federal Grand Jury for Conspiracy to Commit Armed Bank Robbery, Use of a Firearm During a Crime of Violence and Aiding and Abetting

August 19, 2011

The Federal Bureau of Investigation (FBI) on August 18, 2011 released the following:

“Three Members of the U.S. Marine Corps Reserve Indicted for Foiled Armed Bank Robbery

PHOENIX— Ryan J. Ferraro, 20; Matthew J. Gattis, 22; and Nestor D. Astorga-Villegas, 20; all of Phoenix, were indicted this week on charges of conspiracy to commit armed bank robbery and use of a firearm during a crime of violence and aiding and abetting. All three are members of the U.S. Marine Corps Reserve. Astorga-Villegas has been detained pending trial; the remaining two defendants will appear for a detention hearing at 2:00 p.m. today in federal court.

The indictment alleges that the trio devised a detailed plan to carry out an armed bank robbery, including securing firearms to be used in the robbery, maps of the bank, and creating disguises. Trial in this case is set for October 4, 2011 before U.S. District Judge Frederick J. Martone.

A conviction for conspiracy to commit armed bank robbery carries a maximum penalty of up to five years in prison, a $250,000 fine, or both. A conspiracy to commit use of a firearm during a crime of violence carries a maximum penalty of up to 20 years in prison, a $250,000 fine, or both. In determining an actual sentence, Judge Martone will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that established guilt beyond a reasonable doubt.

The investigation is being conducted by the FBI’s Bank Robbery Task Force, which includes the FBI, Phoenix Police Department, Maricopa County Sheriff’s Office and Mesa Police Department. The prosecution is being handled by Alison S. Bachus, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER:
CR-11-1609-PHX-FJM”

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Cornell Wade Sentenced in U.S. District Court in Wheeling on Federal Drug Charges

August 16, 2011

The U.S. Attorney’s Office Northern District of West Virginia on August 15, 2011 released the following:

“Wheeling Resident Sentenced on Drug Charge

WHEELING, WEST VIRGINIA – A 35 year old Wheeling, West Virginia, resident who was a key player in the Robert “R.J.” Saunders conspiracy was sentenced in United States District Court in Wheeling before Judge Frederick P. Stamp, Jr.

United States Attorney William J. Ihlenfeld, II announced that CORNELL WADE was sentenced today to 89 months imprisonment to be followed by four years of supervised release. In March WADE entered a plea of guilty to one count of a drug conspiracy involving over 500 grams of cocaine and a quantity of marijuana; one count of the aiding and abetting Saunders in the illegal use of a telephone to facilitate the distribution of cocaine on July 24, 2009, in Wheeling; and one count of aiding and abetting Saunders in the possession with intent to distribute cocaine within 1,000 feet of the Madison Elementary School on July 24, 2009, in Wheeling. For these convictions WADE received 77 months in prison, and then was given another 12 months in prison for violating his supervised release on a prior federal drug conviction, for a total of 89 months of incarceration.

As part of his plea, WADE has agreed to the forfeiture of his interest in money seized from his residence on August 27, 2009, and admitted to supplying Saunders between 1.1 and 4.4 pounds of crack cocaine between 2006 and 2009. WADE was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The case was prosecuted by Assistant United States Attorney John C. Parr and was investigated by the Ohio Valley Drug & Violent Crimes Task Force. The Task Force consists of officers from the Wheeling Police Department, the Ohio County Sheriff’s Department, and the Drug Enforcement Administration.”

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Largest Alleged Medicare Fraud Scheme in DOJ History

October 14, 2010

Seventy-three individuals, including a number of alleged members and associates of an Armenian-American organized crime enterprise, were charged in indictments unsealed today in five judicial districts with various health care fraud-related crimes involving more than $163 million in fraudulent billing, announced Acting Deputy Attorney General Gary G. Grindler, FBI Assistant Director of the Criminal Investigative Division Kevin Perkins, and Health and Human Services Inspector General Daniel R. Levinson.

In this national, multi-agency investigation, more than 50 were arrested yesterday by FBI agents in the largest alleged Medicare fraud scheme ever perpetrated by a single criminal enterprise and charged by the Department of Justice.

The individuals are charged with allegedly engaging in numerous fraud activities, including highly-organized, multi-million dollar schemes to defraud Medicare and insurance companies by submitting fraudulent bills for medically unnecessary treatments or treatments that were never performed. According to the indictments, the individuals allegedly stole the identities of doctors and thousands of Medicare beneficiaries and operated at least 118 different phony clinics in 25 states for the purposes of submitting Medicare reimbursements. The government believes the enterprise behind the alleged fraud is the international group known as the Mirzoyan-Terdjanian.

Forty-four individuals were charged in two indictments unsealed today in the Southern District of New York with racketeering conspiracy and conspiracy to commit the following acts: health care fraud, bank fraud, money laundering, fraud in connection with identity theft, credit card fraud, and immigration fraud. In addition, seven individuals were charged in the District of New Mexico with health care fraud, mail fraud, wire fraud, money laundering conspiracy, money laundering, forfeiture, and aggravated identity theft. Six individuals were charged in the Southern District of Georgia with health care fraud, conspiracy to commit health care fraud, money laundering conspiracy, and aggravated identity theft. Six individuals were charged in the Northern District of Ohio with health care fraud, mail fraud, conspiracy to commit mail fraud, wire fraud, conspiracy to commit money laundering, and aggravated identity theft. Lastly, ten individuals were charged in two indictments in the Central District of California with conspiracy to commit bank fraud, bank fraud, money laundering, conspiracy to launder monetary instruments, criminal forfeiture, aggravated identity theft, aiding and abetting, and causing an act to be done.

According to the charges filed in U.S. District Court in the Southern District of New York, the Mirzoyan-Terdjanian Organization is named for its alleged principal leaders, Davit Mirzoyan and Robert Terdjanian. Allegedly, the leadership of the organization is based in Los Angeles and New York, and its operations extend throughout the United States and internationally. Among the individuals charged with racketeering is Armen Kazarian, who is alleged to be a “Vor,” a term translated as “Thief-in-Law” and refers to a member of a select group of high-level criminals from Russia and the countries that has been part of the former Soviet Union, including Armenia. This is the first time an alleged Vor has ever been charged for a racketeering offense, and the first time since 1996 that a Vor has been arrested on any federal charge.

The racketeering charges carry a maximum penalty of life in prison and a $250,000 fine. The health care fraud and conspiracy to commit health care fraud charges each carry a maximum penalty of 10 years in prison and a $250,000 fine. The conspiracy to commit bank fraud charges each carry a maximum penalty of 30 years in prison and a fine of $1 million. The conspiracy to commit money laundering charges each carry a maximum penalty of 25 years in prison and a $500,000 fine. The conspiracy to commit money laundering charges each carry maximum penalties of 20 years in prison and a $500,000 fine. The conspiracy to commit fraud in connection with identity theft charges carry a maximum penalty of five years in prison and a $250,000 fine. The aggravated identity theft charges each carry a required two-year consecutive prison sentence to any other sentence imposed, the conspiracy to commit credit card fraud charges carry a maximum penalty of 10 years in prison and a $250,000 fine. The conspiracy to commit immigration fraud charges carry a maximum penalty of five years in prison and a $250,000 fine.

The charges announced today are merely allegations, and individuals are presumed innocent unless proven guilty in a court of law.

The individuals charged in each district will be prosecuted by Assistant U.S. Attorneys from each of the respective districts in which the cases were charged. The cases were investigated by special agents from the FBI’s Los Angeles and New York field offices.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

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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