Tennessee Couple Indicted for Alleged Role in Warzone Contracting Scheme

July 17, 2013

The Federal Bureau of Investigation (FBI) on July 16, 2013 released the following:

Alleged to Have Steered $6.9 Million in Proceeds from Defense Subcontracts in Afghanistan

ALEXANDRIA, VA— Keith Johnson, 46, and Angela Johnson, 44, both of Maryville, Tennessee, were indicted by a federal grand jury today on charges of conspiracy to commit wire fraud and substantive wire fraud for their alleged role in a scheme to steer $6.9 million from Department of Defense (DOD) subcontracts in Afghanistan to shell entities through kickbacks and the use of assumed names.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Mythili Raman, Acting Assistant Attorney General of the Justice Department’s Criminal Division; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; Robert E. Craig, Defense Criminal Investigative Service (DCIS) Special Agent in Charge of Mid-Atlantic Field Office; John Sopko, Inspector General for Special Inspector General for Afghanistan Reconstruction (SIGAR); and Frank Robey, Director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU), made the announcement following the grand jury’s return of the indictment.

Keith and Angela Johnson face a maximum penalty of 20 years in prison for conspiracy and up to 20 years in prison on each count of wire fraud if convicted.

According to the indictment, between July 2007 and June 2010, Keith and Angela Johnson engaged in a scheme to defraud Company #1, a DOD contractor, relating to two contracts worth more than $269 million. The contracts at issue were to provide vehicle-fleet maintenance for the Afghan National Army (ANA). Keith Johnson worked for Company #1 in Kabul, Afghanistan, as its project manager and procurement manager for the ANA contracts. Johnson fielded requests for vehicle parts from Company #2, a Company #1 subcontractor. Company #1 would then issue purchase orders for those parts to subcontractors after receiving multiple bids. In September 2007, Keith and Angela Johnson formed Company #4 as a Tennessee corporation, but they listed Angela Johnson’s mother and daughter on its corporate documents. Thereafter, Keith Johnson used his position in Company #1 to steer parts-supply purchase orders and other business on the ANA contracts to Company #4. To conceal Keith Johnson’s relationship to Company #4, Angela Johnson used her maiden name when interacting with Company #1 on Company #4’s behalf.

According to the indictment, the Johnsons also agreed with two other individuals at Company #2 to further the scheme. The two Company #2 employees helped steer Company #1 business to the Johnsons through Company #4, and Keith Johnson helped steer Company #1 business to Company #3, an entity operated by the two Company #2 employees using a fictional name. The Company #2 employees allegedly paid kickbacks to the Johnsons through a shell company. As part of the scheme, the Johnsons also allegedly participated in a bid-rigging practice of coordinating inflated bids on behalf of Company #3 or Company #4 to ensure that the other company would receive particular contracts. The conspirators also caused Company #1 to order excess parts that were not yet needed on Company #1’s contracts, and Company #4 did not ultimately supply all parts in compliance with Company #1’s requirements.

According to the indictment, the conspirators obtained $6,933,179.31 in proceeds from the scheme, which they used in part to purchase, among other items, several luxury vehicles and more than $191,000 in jewelry.

This case is being investigated by the Defense Criminal Investigative Service, the Federal Bureau of Investigation, the Special Inspector General for Afghanistan Reconstruction, and the U.S. Army Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Ryan Faulconer of the U.S. Attorney’s Office for the Eastern District of Virginia and Trial Attorney Daniel Butler of the Criminal Division’s Fraud Section, who is also a Special Assistant U.S. Attorney in the Eastern District of Virginia.

Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.”

Federal Wire Fraud Crimes – 18 U.S.C. § 1343

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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.


Former Army Contracting Officials and Defense Contractor Indicted for Alleged Bribery and Theft of Government Funds

September 23, 2011

The Federal Bureau of Investigation (FBI) on September 22, 2011 released the following:

“WASHINGTON— A former member of the U.S. Army employed by a private security firm was arrested at Miami International Airport today on charges of bribery, fraud and theft of government funds, in connection with the award of a contract to provide services to a U.S. government provincial reconstruction team in Farah, Afghanistan.

The arrest and charges were announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; Steven J Trent, Acting Special Inspector General for Afghanistan Reconstruction (SIGAR); Special Agent in Charge Richard D. Zott of the Defense Criminal Investigative Service (DCIS) Central Field Office; and Brigadier General Colleen McGuire, Provost Marshal General of the Army and Commanding General of the U.S. Army Criminal Investigation Command.

Raul Borcuta was arrested in Miami today when he tried to enter the United States from Europe. Upon Borcuta’s arrest, the U.S. District Court for the Northern District of Illinois unsealed a nine-count indictment charging Borcuta and his co-conspirators, Zachery Taylor and Jared Close, with mail fraud, wire fraud, conspiracy, bribery, and theft of government funds.

According to the indictment, Borcuta, 32, defrauded the U.S. government in connection with a contract to provide two up-armored sport utility vehicles to be used by an official in the government of Farah Province, Afghanistan, who had received death threats from insurgent groups. The indictment alleges that Borcuta bribed U.S. Army contracting officials Taylor, 40, and Close, 40, with $10,000 each to award him the contract and to make full payment to Borcuta before the vehicles were delivered. Taylor and Close, formerly U.S. Army staff sergeants assigned to the provincial reconstruction team in Farah, allegedly authorized a payment of approximately $200,000 in U.S. government funds to Borcuta. According to the indictment, Borcuta received the payment and never delivered the vehicles required by the contract.

The defendants face a maximum penalty of 20 years in prison for each mail fraud count, 20 years in prison for each wire fraud count, 30 years in prison for each conspiracy count, 15 years in prison for each bribery count and 10 years in prison for each theft of government funds count.

An indictment is merely a charge and defendants are presumed innocent unless and until proven guilty.

This case was investigated by SIGAR, DCIS, the U.S. Army Criminal Investigation Command, and the FBI. The case is being prosecuted by Trial Attorney Brian R. Young of the Criminal Division’s Fraud Section. The U.S. Attorney’s Office for the Northern District of Illinois provided assistance in this investigation.”

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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Department of Defense (DoD) Employee Desi Deandre Wade Charged in a Federal Criminal Complaint For Allegedly Taking a $95,000 Bribe

August 25, 2011

The Federal Bureau of Investigation (FBI) on August 25, 2011 released the following:

“Department of Defense Employee Arrested for Taking $95,000 Bribe in Atlanta Relating to Military Contract in Afghanistan

ATLANTA— DESI DEANDRE WADE, 39, of Climax, Georgia, was arrested yesterday by FBI agents and has now been charged in a criminal complaint with bribery. WADE is expected to make an appearance before a United States Magistrate Judge 3:00 p.m. today.

United States Attorney Sally Quillian Yates said, “This Department of Defense employee is charged with selling his position of public trust for cash. While he was supposed to be working to support our troops, he was lining his pockets. The FBI and our partner defense agencies are to be commended for rooting out and stopping this corruption.”

Brian D. Lamkin, Special Agent in Charge, FBI Atlanta Field Office, said, “When the integrity of the contracting process is compromised, the taxpayers bear the brunt of this monetarily and the mission overseas can be adversely impacted to say the least. The FBI aggressively seeks out those individuals who attempt to personally profit from the contracting and funding process of these many and varied critical government missions overseas.”

Special Agent in Charge John F. Khin, Southeast Field Office, Defense Criminal Investigative Service said, “DCIS continues to place the highest priority on ferreting out public corruption involving Department of Defense contracting in Southwest Asia military operations. These joint investigations with our partner agencies, spanning across the globe, have been highly effective in bringing wrongdoers to justice, and deterring others who would consider betraying the public trust.”

Steven Trent, Acting Deputy Special Inspector General for Afghanistan Reconstruction, said, “SIGAR agents are proud to have participated in this investigation, which underscores the cooperation among U.S. law enforcement agencies operating in a conflict zone.”

According to United States Attorney Yates and the criminal complaint just filed in this case: WADE is currently a U.S. Department of Defense employee assigned to Kabul, Afghanistan as the chief of Fire and Emergency Services. On July 16, 2011, Defense Criminal Investigative Services (DCIS) and FBI in Kabul, Afghanistan, received information that WADE was utilizing his position as a contracting official to improperly direct Department of Defense (“DoD”) contracts to certain bidders in return for personal gain. Specifically, WADE influenced an Afghan-based contractor to make bribe payments to him in return for guarantees of continued work by way of future contracts in Afghanistan. While in Afghanistan, WADE allegedly solicited and received a $4,000 bribe in exchange for the awarding of a repair/maintenance contract modification submitted by the Afghan-based contractor.

WADE then allegedly proposed steering a subsequent, much larger contract to the company in exchange for a certain percentage of the value of the contract. The bribe, as calculated by WADE, would amount to over $100,000. WADE promised to obtain the quotes from other bidders and provide them to the company to insure that the company would be the low bidder and ultimately get the contract.

Several weeks later, WADE traveled to Atlanta to attend the August 22-26 Fire Rescue International Conference. While in Atlanta, WADE allegedly reiterated that he wanted $110,000 for the awarding of the new contract to the company. WADE confirmed that he would disclose the competing companies’ bids.

On August 24, 2011, at approximately 5:45 p.m., WADE accepted $95,000 in cash in exchange for his promise to direct the contract to the company. WADE counted the bundles of money before he put them in his backpack. WADE was subsequently arrested by federal agents and his backpack was found to contain $95,000 in cash.

This case is part of an ongoing effort by the FBI, the Defense Criminal Investigative Service (DCIS), as well as the U.S. Army’s Criminal Investigation Command’s Major Procurement Fraud Unit to investigate and bring forward for prosecution those individuals engaging in the very costly endeavor of corruption and fraud involving U.S. government funds intended for critical military and other efforts around the world.

This case is being investigated by special agents of the FBI and the Defense Criminal Investigative Service (DCIS), with support from the U.S. Army’s Criminal Investigation Command’s Major Procurement Fraud Unit.

Assistant United States Attorney Robert McBurney is prosecuting the case.”

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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