Elizabeth Glosemeyer Indicted by a Federal Grand Jury Alleging Federal Wire Fraud Charges

July 1, 2013

The Federal Bureau of Investigation (FBI) on June 28, 2013 released the following:

FBI: “Former Manager of Local Title Company Indicted on Federal Fraud Charges”

“ST. LOUIS, MO— Elizabeth Glosemeyer, of St. Louis County, was indicted on two counts of wire fraud.

According to the indictment, while the manager of Lenders Guarantee Title Company of St. Louis, Glosemeyer raided the company’s escrow account to fund operations. The escrow account consisted of clients’ money and was to be used only for clients’ real estate transactions. The indictment further alleges that Glosemeyer doctored financial records to cover up her raiding of the escrow account from Lenders’ underwriters. In the summer of 2012, an audit uncovered Glosemeyer’s scheme, and Lenders went out of business soon thereafter. Due to the deficit in the escrow account Glosemeyer created, at least one transaction in excess of $200,000 had to be closed with the underwriters’ funds.

Each count of wire fraud carries a maximum term of imprisonment of 20 years, a $250,000 fine, or both. Restitution to financially aggrieved parties is also mandatory. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.

This case was investigated by the U.S. Postal Inspection Service and the Federal Bureau of Investigation. Assistant United States Attorney Tom Albus is handling the case for the U.S. Attorney’s Office.

As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.”

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

————————————————————–

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 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.


“FBI arrests Mississippi man in ricin letter case”

April 18, 2013

Reuters on April 18, 2013 released the following:

“By Tabassum Zakaria and Jeff Mason

(Reuters) – The FBI arrested a Mississippi man on Wednesday in connection with letters sent to President Barack Obama and two other officials that are believed to have contained the deadly poison ricin, the U.S. Justice Department said.

Paul Kevin Curtis was arrested at his home in Corinth, Mississippi, and is “believed to be responsible for the mailings of the three letters sent through the U.S. Postal Inspection Service which contained a granular substance that preliminarily tested positive for ricin,” the Justice Department said in a statement.

The letters were addressed to a U.S. senator, the White House and a Mississippi justice official, the statement said.

The ricin poison scare hit Washington after bombings at the Boston Marathon killed three people and injured 176 on Monday, but the FBI said there was no indication the incidents were connected.

The FBI said the envelope sent to Obama was received at a mail-screening facility outside the White House and was immediately quarantined. Preliminary tests showed it contained the deadly poison ricin, the FBI said

Washington was put on edge on Tuesday evening when news emerged that authorities had intercepted a letter sent to Republican Senator Roger Wicker of Mississippi that had initially tested positive for ricin.

Following the arrest, Wicker issued a statement thanking the FBI and Capitol Police “for their professionalism and decisive action in keeping our family and staff safe from harm.”

Earlier on Wednesday, a flurry of reports of suspicious letters and packages rattled the U.S. capital and caused the temporary evacuation of parts of two Senate buildings. Most of the reports quickly proved to be false alarms, and business was only temporarily disrupted on Capitol Hill.

The letters to Obama and Wicker had identical language, included the phrase, “To see a wrong and not expose it, is to become a silent partner to its continuance.” They were signed, “I am KC and I approve this message,” according to an FBI operations bulletin reviewed by Reuters.

Two law enforcement sources said investigators believed the man arrested was the same person as Kevin Curtis, who they say has posted rants on the Internet and performed as an entertainer and Elvis Presley impersonator.

In an online comment on an Elvis blog post in 2007, a Kevin Curtis complained that several Elvis contests in several states “were rigged with hosts and judges getting kick-backs.” The signature was: “This is Kevin Curtis and I approve this message.”

Northern District Mississippi Public Service Commissioner Brandon Presley, who said he was related to Elvis Presley, told Reuters that Curtis contacted him via Facebook late on Sunday asking him if he was a relative of the late rock singer.

Presley said he did not know Curtis. “I don’t know if he’s fixated on Elvis or Elvis’ family or what,” he said. “We’ve been told by the authorities to be very cautious with our mail for the next few days.”

Public records show a Paul Kevin Curtis lived until recently in Booneville, Mississippi. Randy Tolar, a sheriff in Prentiss County, where Booneville is located, said he knew a Paul Kevin Curtis who had been jailed at least four times in recent years, all on misdemeanor charges, including telephone harassment and stalking.

The envelopes believed to contain ricin both bore postmarks from Memphis, Tennessee, and were dated April 8. Memphis Mayor A.C. Wharton noted in a statement, however, that it did not mean the letters originated in that city.

An aide to Wharton said many areas near Memphis were included in its postmark – including some in neighboring northern Mississippi, Wicker’s state.

For Washingtonians, the situation was an unsettling reminder of events of nearly 12 years ago when letters containing anthrax spores were mailed to the Washington offices of two senators and to media outlets in New York and Florida, not long after the September 11, 2001, attacks in New York and Washington.

LETHAL POISON

The FBI said White House operations were not affected by the latest scare. It noted that filters at a second government mail-screening facility had preliminarily tested positive for ricin this morning” and mail from that facility was also being tested.

The tests were being conducted at Fort Detrick, in Frederick, Maryland, a government source said.

White House spokesman Jay Carney said Obama had been briefed on the situation.

Ricin is a lethal poison found naturally in castor beans, but it takes a deliberate act to convert it into a biological weapon. Ricin can cause death within 36 to 72 hours from exposure to an amount as small as a pinhead. No known antidote exists.

There was another ricin scare at the U.S. Capitol in 2004, when tests showed positive on a letter in a Senate mail room that served the office of Bill Frist, a Tennessee Republican who was then Senate majority leader.

SERIES OF SUSPICIOUS ITEMS

Law enforcement authorities on Wednesday closed and then reopened parts of the Hart and Russell Senate buildings near the Capitol after tests on suspect items showed there was no threat.

“All test results were negative,” U.S. Capitol Police said over the public address system in Senate office buildings.

Police questioned a man with a backpack who had been delivering envelopes to Senate offices, a law enforcement official said. This delivery method broke the normal protocol, because no mail is supposed to be delivered without first being checked at an outside facility, Capitol officials said.

In Arizona, the bureau of Alcohol, Tobacco, Firearms and Explosives said two suspicious letters had been sent to Republican Senator Jeff Flake’s Phoenix office. Two staffers and a police officer were taken to the hospital as a precautionary measure after reporting irritation when handling them.

Flake later issued a statement on Wednesday saying no dangerous materials were detected in the mailings. One of them originated in Tennessee, Flake told reporters outside the Senate.

In Ohio, Columbus police responded to a report of a suspicious letter received on Wednesday at Republican Senator Rob Portman’s office, but determined it was not dangerous, Portman’s office said.

Democratic Senator Carl Levin said one of his Michigan regional offices had also received a suspicious letter, but it was not opened. Authorities are investigating, and a staff member went to the hospital as a precautionary measure, he said.

It is unclear if there was a connection linking the series of suspicious items delivered to politicians.

The Senate’s sergeant at arms, Terrance Gainer, sent a memo to all offices telling them only to accept mail from a uniformed Senate post office employee and, when in doubt, to call the police.

He said mail was being delivered that had already been cleared, but there would be no mail delivered on Thursday and Friday to allow more testing and investigation.”

————————————————————–

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

————————————————————–

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.


Four Indicted in Alleged Mortgage Fraud Scheme

June 4, 2012

The Federal Bureau of Investigation (FBI) on June 1, 2012 released the following:

“Defendants Allegedly Exploited Immigrant Straw Buyers to Defraud Multiple Banks

Four Seattle-area residents were arrested today on a 21-count indictment charging them with conspiracy, bank fraud, wire fraud, and mail fraud, announced U.S. Attorney Jenny A. Durkan. The mortgage fraud scheme ran from 2006 to 2008 and defrauded more than 10 banks, financial institutions, and mortgage lenders of more than $8.6 million. More than 50 mortgages were involved on properties in a variety of communities around Puget Sound including Medina, Renton, South Seattle, Bellevue, Redmond, and Kirkland. Jonathan Mendoza Martinez, 34, of Bellevue, Washington; his sister, Jazmin Villalba Martinez=, 30, of Seattle, Washington; Celia Perez Morales, 35, of Kirkland, Washington; and Jorge Castrejon Pichardo, 41, of Mountlake Terrace, Washington, made their initial appearances in U.S. District Court in Seattle today.

According to the indictment, three of the defendants worked at Emerald City Escrow and at Nationwide Home Mortgage and conspired to use straw buyers to defraud banks. The fourth defendant worked at a tax preparation business and provided some of the false documentation submitted with the loan applications. The conspirators submitted false financial, employment, and tax information to apply for residential mortgage loans. They falsely inflated the sale price of the properties. After the lenders funded the loans, the conspirators kept the excess proceeds, and the straw buyers quickly defaulted on the mortgages. The victim banks included Washington Mutual (now JPM Chase), Bank of America, American Sterling Bank, ING Bank, IndyMac Bank, and Merrill Lynch & Co. Inc., among others. Documents in the scheme were submitted via mail and wire. In all, the defendants secured, or aided and abetted in securing, through unqualified buyers, at least 50 mortgage loans, representing approximately $22,396,660 in loan proceeds, based on false and fraudulent representations, resulting in a loss to financial institutions and mortgage lenders totaling approximately $8,672,330.

Each count in the indictment is punishable by up to 30 years in prison and a $1 million fine.

The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.

The case is being investigated by the Internal Revenue Service Criminal Investigation (IRS-CI), the U.S. Postal Inspection Service (USPIS), and the Federal Bureau of Investigation (FBI). The case is being prosecuted by Assistant United States Attorneys Mike Lang and James Oesterle.”

————————————————————–

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 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.


Twenty-Eight Arrested in Alleged Honduran-Based Cocaine Trafficking Ring

May 10, 2012

The Federal Bureau of Investigation (FBI) on May 10, 2012 released the following:

“ALEXANDRIA, VA— Twenty-eight individuals have been arrested for their alleged roles in a cocaine trafficking ring based in Northern Virginia that uses couriers to regularly import large amounts of cocaine from Honduras hidden in shoes and decorative wooden frames. Members of the trafficking ring have allegedly wired more than $1 million from the United States back to cocaine suppliers in Honduras.

Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia, and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after the charges became public.

“Through creativity and coordination, this tight network of Honduran immigrants allegedly distributed vast amounts of cocaine throughout Northern Virginia and across the mid-Atlantic,” said U.S. Attorney MacBride. “Thanks to close partnerships among law enforcement, we were able to put together the case that led to today’s charges.”

“These individuals face charges for their alleged involvement in a drug trafficking ring that brought large amounts of cocaine into our communities,” said Assistant Director in Charge McJunkin. “Together with our law enforcement partners, the FBI will continue to target international drug conspiracies as we diligently work to keep our neighborhoods and citizens safe.”

According to a criminal complaint affidavit, since between 2006 and May 2012, a contingent of Honduran immigrants living in and around Fairfax County has coordinated with sources of supply in Honduras to pay couriers to fly cocaine from Honduras to the United States on a regular basis. Much of the couriers’ baggage would contain items that were not contraband, such as clothing, food, and Honduras-related trinkets, so the conspirators would hide cocaine in innocuous items, typically wooden frames and shoes, that would blend in with the couriers’ other cargo.

The affidavit alleges that once the couriers arrived in the United States, members of the conspiracy would pick up the items containing cocaine from the couriers and then distribute it to dealers in Virginia, Maryland, North Carolina, and Massachusetts, who, in turn, would send sale proceeds back to Honduras through wire transfers.

Leaders of the conspiracy allegedly supply wholesale quantities of the imported cocaine to co-conspirators, who are themselves street-level dealers or who supply other street-level dealers. It is alleged that the leaders know each other, use the same network of Honduran suppliers, and often retrieve cocaine from couriers intended for another leader to pick up at a later time.

According to the affidavit, the trafficking ring was discovered in autumn 2011 by law enforcement after the investigation and arrest of Lindor Delis Martinez-Guevara, aka Lindo or Genero, 38, of Falls Church, Virginia; and Melcy Yalexsy Guevara-Barrera, aka Pedro or Primo, 35, of Vienna, Virginia, by the Fairfax County Police Department. The affidavit states that Lindor moved from Honduras to Virginia to deal cocaine and that he was the person who came up with the idea to hide cocaine in frames.

Lindor; Melcy; Samuel Benitez-Pineda, aka Wilfredo Benitez or Roque or Chiripa, 34, of Arlington, Virginia; and Jose Fredy Delcid, aka Oscar Salgado or Oscar or Franklin or Chami or Matador, 34, of Falls Church, Virginia, are some of the members of the conspiracy who allegedly worked directly with sources of supply in Honduras to import cocaine into the United States. They, in turn, allegedly worked with a large group of people with and through whom they distributed the cocaine, including the following individuals who were arrested by law enforcement:

  • Hector Mauricio Amaya, aka Conejo or Kaubil, 36, of Falls Church, Virginia
  • Genis Jhesson Amaya-Pena, aka Jenis Yexon Amaya-Pena or Flaco or Juanchope, 25, of Vienna, Virginia
  • Marvin Eduardo Escobar Barrios, aka Catracho or Garrobo, 37, of West Falls Church, Virginia
  • Wilson Reniery Guevara, aka Wilsson R. Guevara, 34, of Manassas, Virginia
  • Joel Lopez, 41, of Springfield, Virginia
  • Annelo Argueta Reyes, aka Nelo, 35, of Falls Church, Virginia
  • Mario Noel Medina-Aguilar, aka Noel, 28, of Falls Church, Virginia
  • Julio Giovanni Nolasco, aka Puma, 18, of Falls Church Virginia
  • Concepcion Benitez-Pineda, aka Conchi or Concha, 38, of Arlington, Virginia
  • Mario Benitez-Pineda, aka Chaparro or Cuzuco, 42, of Falls Church, Virginia
  • Santos Efrain Carbajal Benites, 24, of Arlington, Virginia
  • Angel Zelaya Lizama, aka El Diablo, 29, of Falls Church, Virginia
  • Jose Delores Vanegas, aka Chivito, 40, of Arlington, Virginia
  • Isaias Abrego-Mancia, 28, of Herndon, Virginia
  • Rudy Humberto Tabaro, aka Rudy Humberto Tabara or Colocho, 30, of Lutherville, Maryland
  • Edwin Espana Morales, 38, of Riverdale, Maryland
  • Jose Lorenzo Saravia, aka Jose Saravia-Lozano, 40, of Manassas, Virginia
  • FNU LNU, aka Alex or Gordito, of Falls Church, Virginia
  • Maria Florinda Benitez-Pineda, aka Flor or Loli, 26, of Baltimore, Maryland
  • Jose Maria Benites-Pineda, 32, of Arlington, Virginia
  • Jose Enrique Funez, aka Jose Enrique Funz-Garay or Jose Enrique Funes-Garay or Rick, 40, of Norfolk, Virginia
  • Martin Juarez-Lopez, 19, of Falls Church, Virginia
  • Gloria Elena Olivia Castro, 25, of Springfield, Virginia
  • Joaquin Avila-Rodriguez, aka Pollo, 40, of Herndon, Virginia

Those named in the criminal complaint were charged with conspiracy to distribute 500 grams or more of cocaine, which carries a minimum mandatory of five years in prison and a maximum penalty of 40 years in prison.

In addition, the complaint affidavit contains allegations that members of the conspiracy engaged in the distribution of crack cocaine, money laundering, and various firearm offenses.

This ongoing investigation was led by the FBI’s Washington Field Office, in partnership with the Fairfax County, Arlington County, City of Falls Church, and Prince William County Police Departments; Virginia State Police; Northern Virginia Gang Task Force; Drug Enforcement Administration; U.S. Marshals Service; U.S. Postal Inspection Service; and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

The prosecution is being handled by Assistant U.S. Attorney Sean P. Tonolli and Special Assistant U.S. Attorneys Scott B. Nussbum and Emily M. Loeb.

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

————————————————————–

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

————————————————————–

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.


Fifty-Nine South Florida Residents Charged as Part of Nationwide Coordinated Takedown by Medicare Fraud Strike Force Operations

May 3, 2012

The Federal Bureau of Investigation (FBI) on May 2, 2012 released the following:

107 Individuals Charged Nationally for Submitting Approximately $452 Million in Fraudulent Billing; South Florida Responsible for more than $137 Million in False Billings

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; Christopher B. Dennis, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Henry Gutierrez, Postal Inspector in Charge, U.S. Postal Inspection Service, Miami Division, announced that 59 South Florida residents were charged for their alleged participation in various schemes to defraud Medicare out of more than $137 million. The charges in South Florida are part of a nationwide takedown by Medicare Fraud Strike Force operations in seven cities that resulted in charges against 107 individuals, including doctors, nurses and other licensed professionals, for their alleged participation in Medicare fraud schemes involving approximately $452 million in false billing. This coordinated takedown involved the highest amount of false Medicare billings in a single takedown in strike force history.

The joint Department of Justice and HHS Medicare Fraud Strike Force is a multi-agency team of federal, state, and local investigators designed to combat Medicare fraud. Approximately 400 law enforcement agents from the FBI, HHS-OIG, multiple Medicaid Fraud Control Units, and other state and local law enforcement agencies participated in the national takedown.

U.S. Attorney Wifredo A. Ferrer stated, “The Medicare program is a valuable and limited trust fund to provide much needed services for the poor, the elderly and the sick. Among the dozens of fraudsters charged in South Florida in this operation are clinic owners, nurses, therapists, patient recruiters, pharmacy owners, accountants, former social workers, and even beneficiaries, all of whom stole precious health care dollars through a variety of schemes. These get rich quick schemes at the expense of the most vulnerable in our society are unacceptable. We will continue to fight health care fraud on all fronts: we will prosecute each link in the fraud chain and each evolving fraud scheme.”

“The results we are announcing today are at the heart of an administration-wide commitment to protecting American taxpayers from health care fraud, which can drive up costs and threaten the strength and integrity of our health care system,” said Attorney General Eric Holder. “We are determined to bring to justice those who violate our laws and defraud the Medicare program for personal gain. As today’s takedown reflects, our ongoing fight against health care fraud has never been more coordinated and effective.”

“More than half of those charged in a record setting health care fraud takedown today were from the Miami area. The local fraud totaled more than $137 million. Sadly, in Miami, multi-million-dollar health care fraud cases are no longer shocking in their magnitude or frequency,” said John V. Gillies, Special Agent in Charge of the FBI’s Miami Office. “Here’s my message clear and simple: you can run, but as evidenced by today’s nationwide takedown, you can’t hide.”

“Medicare fraud diverts precious resources from those who are eligible and need it most,” said Christopher B. Dennis, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s region covering Florida. “Today’s action should send a strong message that we will continue to track the evidence to ensure that those involved are held accountable.”

U.S. Postal Inspector in Charge Henry Gutierrez stated, “Medicare fraud is an assault on resources for our most needy and vulnerable citizens. This joint effort by the South Florida law enforcement community demonstrates that those who engage in these illegal schemes will be prosecuted to the full extent of the law.”

The South Florida defendants are accused of various health care fraud-related crimes, including conspiracy to commit health care fraud, health care fraud, violations of the anti-kickback statutes and money laundering. The charges are based on a variety of alleged fraud schemes involving various medical treatments and services such as home health care, mental health services, and physical and occupational therapy. According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare for treatments that were medically unnecessary and oftentimes never provided. In many cases, court documents allege that patient recruiters, Medicare beneficiaries and other co-conspirators were paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could submit fraudulent billing to Medicare for services that were medically unnecessary or never provided.

Specifically, the South Florida cases announced as part of the nationwide Medicare Fraud Strike Force takedown include:

U.S. v. Odalys Fernandez, Kelvin Soto, Yumidia Naranjo, Jose Guerra, Yanuris Lima, and Servando Raya, Case No. 12-20230-CR-Ungaro

In this six-defendant case, two registered nurses employed by Ideal Home Health (Odalys Fernandez and Kelvin Soto) are charged with conspiracy to commit health care fraud for purportedly providing services, such as skilled nursing and physical therapy, to homebound beneficiaries. In fact, however, the services were either medically unnecessary or were never provided. As part of the scheme, the defendants falsified medical paperwork to make it appear as if they had provided the services. Four other defendants (Yumidia Naranjo, Jose Guerra, Yanuris Lima, and Servando Raya) are alleged to be patient recruiters who paid Medicare beneficiaries so they would serve as patients at Ideal Home Health. Ideal, in turn, submitted more than $40 million in false billings to Medicare. This case is being prosecuted by Assistant U.S. Attorney Daniel Bernstein.

U.S. v. Eulises Escalona, Case No. 12-20293-CR-Lenard

This indictment charges Eulises Escalona with one count of conspiracy to commit health care fraud, one count of conspiracy to defraud the United States and to receive and pay health care kickbacks, and five counts of payment of health care kickbacks stemming from a $42 million home health care fraud scheme. According to the indictment, Escalona owned and operated Willsand Home Health, Inc. (Willsand), a home health agency that purportedly provided home health and physical therapy services to eligible Medicare beneficiaries. In fact, however, from January 2006 through November 2009, Escalona and others paid kickbacks to Medicare beneficiaries to induce them to become patients at Willsand regardless of medical need and to falsely attest that they had received the purported services. In addition, Escalona and others paid kickbacks to patient recruiters and to doctors who signed fraudulent prescriptions and plans of care (POCs) for unnecessary home health services for patients at Willsand. To execute the scheme, Escalona and others falsified patient files and POCs to make it appear as if the patients had qualified for and actually received home health services. In this way, Willsand allegedly submitted approximately $42 million in false claims to Medicare for services it claimed to have provided to approximately 622 beneficiaries. This case is being prosecuted by Trial Attorney Joseph S. Beemsterboer of the Criminal Division’s Fraud Section.

U.S. v. Rodolfo Nieto, Jr., Case No. 12-20290-CR-Altonaga

This indictment charges Rodolfo Nieto, Jr., owner and operator of Ronat Home Health Care, Inc. (Ronat), with one count of conspiracy to defraud the United States and to receive and pay health care kickbacks and three counts of receipt of kickbacks for his participation in a $60 million home health care fraud scheme. According to the indictment, from January 2006 through November 2009, Nieto accepted kickbacks in return for recruiting Medicare beneficiaries for placement at Nany Home Health, Inc. (Nany). Nieto allegedly caused Nany to submit claims to Medicare for home health services, including insulin injections and physical therapy, purportedly provided through Ronat. According to the indictment, Nany submitted approximately $60 million in false claims to the Medicare program for services that it purportedly provided to approximately 1474 beneficiaries. This case is being prosecuted by Trial Attorney Joseph S. Beemsterboer of the Criminal Division’s Fraud Section.

U.S. v. Maggie Leon, Yuderkis Pena Garcia and Eduardo Vilau, Case No. 12-20274-CR-Seitz

In this case, defendants Maggie Leon, Yuderkis Pena Garcia, and Eduardo Vilau, owners of Leon Medical and Leah Medical, were charged with conspiracy to commit health care fraud and health care fraud for submitting false claims to private insurance companies that were Medicare Advantage contractors under Part C of the Medicare program. As alleged in the indictment, the defendants submitted approximately $1,826,000 in false claims for expensive cancer and HIV injections that were not medically necessary and were not actually provided to the Medicare beneficiaries. In addition, the indictment alleges that the defendants conspired to pay kickbacks to Medicare beneficiaries so that they would serve as patients at Leah and Leon. This case is being prosecuted by Assistant U.S. Attorney Christopher J. Clark.

U.S. v. Ricardo Martinez, Case No. 12-20316-CR-Martinez

This indictment charges defendant Ricardo Martinez with health care fraud and paying kickbacks to patients. The indictment alleges that the defendant paid kickbacks and bribes to beneficiaries so that they would serve as patients at Rima Medical. The indictment further alleges that Martinez, through Rima Medical, submitted approximately $1,706,701 in false claims for expensive cancer and HIV injections to private insurance companies that were Medicare Advantage contractors under Part C of the Medicare program. This case is being prosecuted by Assistant U.S. Attorney Christopher J. Clark.

U.S. v. Yaquelin Colls, Pedro Colls, and Jesus Fernandez, Case No. 12-20315-CR-Seitz

This indictment charges defendants Yaquelin Colls, Pedro Colls, and Jesus Fernandez with conspiracy to commit health care fraud, substantive health care fraud, conspiracy to pay health care kickbacks, and substantive charges of paying kickbacks. More specifically, the indictment alleges that the defendants owned and operated Ma Medical and Therapy Services, Inc. (Ma Medical), and caused the submission of $972,068 in false medical claims for expensive cancer and HIV injections to a private insurance company that was a Medicare Advantage provider under Part C of the Medicare program. In a similar scheme, the defendants submitted $55,642 in false claims to another private insurance company under Part C of the Medicare program through a second clinic, Healthy Touch Rehab Center Inc. (Healthy Touch), which they also owned and operated at the same address as Ma Medical. The indictment further alleges that the defendants conspired to pay kickbacks and bribes to beneficiaries so that they would serve as patients at Ma Medical and Healthy Touch. This case is being prosecuted by Assistant U.S. Attorney Christopher J. Clark.

U.S. v. Roberto L. Valdes Gonzalez, Francisca Gema Valdez, Gilberto Faure, and Alberto Sotolongo, Case No. 12-20275-CR-Moore

In this case, defendants Jose L. Valdes Gonzalez, a/k/a “Roberto Gonzalez,” Alberto Sotolongo, a/k/a “Ruben,” Gilberto Faure, and Francisca Gema Valdes were charged with conspiracy to commit health care fraud and substantive counts of health care fraud in connection with the operation of Ilva Pharmacy, Inc. More specifically, the indictment alleges that between 2009 and 2011, the defendants caused Ilva Pharmacy to submit approximately $1.3 million in false claims for prescription drugs that were not provided to Medicare and private insurance companies that were Medicare Advantage contractors under Part D of the Medicare program. The indictment additionally charges Gonzalez and Sotolongo with offering and paying kickbacks to Medicare beneficiaries to induce them to serve as patients at Ilva Pharmacy. This case is being prosecuted by Assistant U.S. Attorney John Couriel.

U.S. v. Alina De Armas, Case No. 12-20282-CR-Zloch

In this case, defendant Alina De Armas is charged with health care fraud and with paying kickbacks to patients. The information alleges that De Armas offered and paid kickbacks to Medicare beneficiaries to induce them to serve as patients at Ultratech Medical Supplies, Inc., d/b/a Guines Pharmacy. In this way, from 2007 through 2011, De Armas caused the submission through Guines Pharmacy of approximately $3.6 million in false claims for prescription drugs to Medicare and private insurance companies that were Medicare Advantage contractors under Part D of the Medicare program. This case is being prosecuted by Assistant U.S. Attorney John Couriel.

U.S. v. Isaura Bou-Melendez and Gricel Font, Case No. 12-20113-CR-MGC

In this case, Isaura Bou-Melendez and Gricel Font are charged with conspiracy to commit health care fraud. Bou and Font, licensed therapists, owned and operated a comprehensive outpatient rehabilitation facility, Font & Bou Rehab Associates, Inc. The information alleges that from January 2006 through February 2010, Font and Bou allegedly submitted approximately $6.9 million in false claims to Medicare for physical and occupational therapy services that were not medically necessary or not provided as claimed. This case is being prosecuted by Assistant U.S. Attorney Jon Juenger.

U.S. v. Maritza Claudia Fernanda Lorza Ramirez, and James Arley Velasco Gonzalez, Case No. 12-60090-CR-KMW

This indictment charges defendants Maritza Lorza Ramirez and James Velasco Gonzalez with conspiracy to commit money laundering and substantive counts of money laundering. More specifically, the indictment alleges that between January 2006 and December 2010, Lorza and Velasco laundered approximately $3 million in health care fraud proceeds for several companies using their own corporations, including Celebration Home Services, Inc., 4 All Your Needs, Inc., VPP Staffing, Inc, and Work Force Innovations, Inc. This case is being prosecuted by Assistant U.S. Attorney Jon Juenger.

U.S. v. Orlando Conrado Piedra Jr., Case No. 12-60091-CR-KMW

This indictment charges Orlando Piedra, an accountant, with conspiracy to commit money laundering and substantive counts of money laundering. More specifically, the indictment alleges that between June 2007 and September 2009, Piedra laundered approximately $500,000 in health care fraud proceeds for several companies through his own company, Media Health Consultants, Inc. This case is being prosecuted by Assistant U.S. Attorney Jon Juenger.

U.S. v. Armando “Manny” Gonzalez, John Thoen, Wondera Eason, Paul Thomas Layman, Alexandra Haynes, Serena Joslin, Ivon Perez, Daniel Martinez, Raymond Rivero, Case No. 12-20291-CR-Altonaga

Armando “Manny” Gonzalez, John Thoen, Wondera Eason, Paul Thomas Layman, Alexandra Haynes, and Serena Joslin are charged with one count of conspiracy to commit health care fraud through a company called Health Care Solutions Network (HCSN). Additionally, defendants Gonzalez, Daniel Martinez, Raymond Rivero, and Ivon Perez are charged with conspiracy to receive and pay health care kickbacks; defendants Martinez, Rivero, and Perez are charged with substantive counts of soliciting and receiving health care kickbacks; defendants Gonzalez and Thoen are charged with one count of conspiracy to commit money laundering; and defendant Gonzalez is charged with substantive counts of money laundering. More specifically, the indictment alleges that between November 2004 and March 2011, Gonzalez, Thoen, Eason, Layman, Haynes, and Joslin conspired to submit approximately $63 million in false claims to Medicare and Medicaid for mental health services that were neither necessary nor provided. The indictment also alleges that Gonzalez conspired with owners of Assisted Living Facilities (ALFs), including Martinez, Rivero, and Perez to pay and receive health care kickbacks in exchange for referring Medicare beneficiaries to HCSN. This case is being prosecuted by Trial Attorney Steven Kim of the Criminal Division’s Fraud Section.

U.S. v. Sarah Da Silva Keller, Case No. 12-20289-CR-Cooke

Sarah Da Silva Keller is charged with one count of conspiracy to commit health care fraud. More specifically, the criminal information alleges that between April 2006 and February 2008, Keller conspired with others at HCSN to submit false claims to Medicare for mental health services that were neither medically necessary nor provided. The information further alleges that HCSN submitted approximately $63 million in false claims to Medicare. This case is being prosecuted by Trial Attorney Steven Kim of the Criminal Division’s Fraud Section.

U.S. v. Alba Serrano, Case No. 12-20285-CR-Seitz

Alba Serrano is charged with one count of conspiracy to commit health care fraud. The criminal information alleges that Serrano, the owner of Elsa’s House of the Elderly, a Miami-Dade ALF, referred residents from her ALF to American Therapeutic Corporation (ATC) in exchange for kickbacks. ATC was a Community Mental Health Center (CMHC) that submitted false claims for intensive mental health services, called Partial Hospitalization Program, based on Serrano’s Medicare beneficiary referrals. This case is being prosecuted by Trial Attorney Steven Kim of the Criminal Division’s Fraud Section.

U.S. v. Bobby Ramnarine, Case No. 12-20288-CR-Middlebrooks

Bobby Ramnarine is charged with one count of conspiracy to commit health care fraud. The criminal information alleges that Ramnarine, the owner of Elmina’s ALF, in Broward County, recruited residents from Elmina’s to become patients at ATC in exchange for kickbacks. ATC submitted false claims for PHP services based on Ramnarine’s Medicare beneficiary referrals. This case is being prosecuted by Trial Attorney Steven Kim of the Criminal Division’s Fraud Section.

U.S. v. Giuseppe Pellerito, Case No. 12-20292-CR-Cooke

In this case, defendant Giuseppe Pellerito is charged with conspiracy to receive health care kickbacks and substantive counts of receiving kickbacks. The indictment alleges that Pellerito, the owner of Florida Sober House (FSH), received kickbacks for recruiting residents from FSH to become patients at ATC. ATC, in turn, submitted false claims for PHP based on Pellerito’s referrals. This case is being prosecuted by Trial Attorney Steven Kim of the Criminal Division’s Fraud Section.

U.S. v. Hassan Collins, Case No. 12-20286-CR-Moore

Hassan Collins is charged with one count of conspiracy to pay and receive health care kickbacks. According to the criminal information, Collins was the owner of New Way Recovery Inc. (NWR), which operated several halfway houses in Broward County. Collins allegedly received kickbacks for recruiting Medicare beneficiaries who resided at NWR to become patients at ATC. This case is being prosecuted by Trial Attorney Steven Kim of the Criminal Division’s Fraud Section.

U.S. v. Jean Luc Veraguas, Case No. 12-20287-CR-Moreno

Jean-Luc Veraguas is charged with one count of conspiracy to commit health care fraud. The criminal information alleges that Veraguas was the owner of Neu Ways Inc., which operated several halfway houses in Broward County. Veraguas allegedly referred residents at his houses to ATC in exchange for kickbacks. This case is being prosecuted by Trial Attorney Steven Kim of the Criminal Division’s Fraud Section.

U.S. v. Pablo Orama, Vivian Augustine, a/k/a Vivian Salazar, Ariane Marchioro Amorim, Jose Orelvis Ortega, Marlen Diosdada Garcia, Ivon Perez, Marianela Terrero, Jose Abreu-Gonzalez, Elba M. Caicedo, Carlos A. Herrera, Marisela Sherwood, Nancy Diaz, Daymi Fuentes Gil, Olga Martinez Rodriguez, Yuria Perez Rivero, and Joel Loyola, Case No. 12-20265-CR-Middlebrooks(s)

In this case, 16 defendants are charged with conspiracy to pay and receive health care kickbacks and substantive counts of paying and receiving kickbacks in connection with a federal health care program. According to the indictment, defendant Pablo Orama was the owner of Superstar Home Health, a Miami-Dade County home health agency that purportedly provided skilled nursing services and physical therapy to homebound Medicare beneficiaries. Vivian Augustine and Ariane Amorim were employees of the company. Jose Orelvis Ortega, Marlen Garcia, Ivon Perez, Marianela Terrero, Jose Abreu-Gonzalez, Elba Caicedo, Carlos Herrera, Marisela Sherwood, and Nancy Diaz were recruiters who offered money to Medicare beneficiaries in return for their agreement to serve as patients at Superstar. Defendants Daymi Fuentes Gil, Olga Rodriguez, Yuria Rivero, and Joel Loyola were Medicare beneficiaries who accepted kickbacks in return for agreeing to serve as patients at Superstar. This case is being prosecuted by Assistant U.S. Attorney Eric E. Morales.

U.S. v. Jorge Luis Reyes and Waldo Gonzalez, Case No. 12-14030-CR-Moore

This indictment charges Jorge Luis Reyes and Waldo Gonzalez, owners of a medical clinic that purported to treat HIV-positive Medicare beneficiaries at locations in Miami-Dade and St. Lucie Counties. According to the indictment, between November 2005 and January 2009, the defendants submitted approximately $15,201,162 in fraudulent claims to Medicare for treatment that was not provided, and in many cases would not have been medically necessary. The majority of the fraudulent claims (more than $13.6 million) were submitted to private insurance companies that were a Medicare Advantage contractor under Part C of the Medicare program. This case is being prosecuted by Assistant U.S. Attorney Marc Osborne.

U.S. v. Manotte Bazile, Case No. 12-20284-CR-Lenard

Defendant Manotte Bazile, a former social worker and licensed intern at Biscayne Milieu, was charged with health care fraud conspiracy for purportedly treating patients who did not qualify for PHP treatment. This case is part of larger indictment involving of Biscayne Milieu, a CMHC that was involved in the submission of $57 million in false claims to Medicare for purportedly providing PHP services to Medicare beneficiaries who did not qualify for or receive the treatments that were billed to Medicare. In this case, Bazile assisted non-U.S. citizen patients by completing immigration forms on their behalf that falsely indicated that the patients suffered from mental illnesses, thereby fraudulently enabling the patients to avoid taking the citizenship test. This case is being prosecuted by Assistant U.S. Attorney Alicia Shick.

U.S. v. Roselyn Nicole Charles, Case No. 12-20283-CR-Ungaro

Defendant Roselyn Nicole Charles, a former patient recruiter at Biscayne Milieu, was charged with conspiracy to pay health care fraud kickbacks. More specifically, the criminal information alleges that Charles recruited patients to participate in Biscayne Milieu’s PHP in exchange for kickbacks. These patients, who did not qualify for PHP treatment, were promised assistance with their U.S. citizenship applications in exchange for their participation in Biscayne Milieu’s PHP. This case is part of larger indictment of Biscayne Milieu, a CMHC that was involved in the submission of more than $57 million in false claims to Medicare for purportedly providing PHP services to Medicare beneficiaries who did not qualify for PHP treatment or receive the treatments that were billed to Medicare. This case is being prosecuted by Assistant U.S. Attorney Alicia Shick.

The cases announced today are being prosecuted and investigated by Medicare Fraud Strike Force teams comprised of attorneys from the Fraud Section of the Justice Department’s Criminal Division and from the U.S. Attorney’s Offices for the Southern District of Florida, the Eastern District of Michigan, the Southern District of Texas, the Central District of California, the Middle District of Louisiana; the Northern District of Illinois, and the Middle District of Florida; and agents from the FBI, HHS-OIG, and state Medicaid Fraud Control Units.

The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since their inception in March 2007, Strike Force operations in nine locations have charged more than 1,330 defendants who collectively have falsely billed the Medicare program for more than $4 billion. Miami was the first Strike force city in the nation, and the model for others that followed.

An indictment or information is only an accusation and defendants are 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.”

————————————————————–

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 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.


Kenneth D. Lee Indicted by a Nashville Federal Grand Jury Alleging Charges of Extortion and Mail Fraud

March 5, 2012

The Federal Bureau of Investigation (FBI) on March 2, 2012 released the following:

“Nolensville Police Officer Indicted on Charges of Extortion and Mail Fraud

Kenneth D. Lee, 51, of Nashville, was indicted yesterday by a federal grand jury and charged with extortion and mail fraud, resulting from a scheme he devised to accept money in lieu of making an arrest for alleged criminal activity, announced Jerry E. Martin, U.S. Attorney for the Middle District of Tennessee; Aaron T. Ford, Special Agent in Charge, FBI-Memphis Division; and Keith Morris, Inspector in Charge, U.S. Postal Inspection Service.

“Law enforcement officers who use their badges to shake down individuals can expect to get what’s coming to them—a federal indictment,” said U.S. Attorney Jerry Martin. “As the last few months have demonstrated, the U.S. Attorney’s Office will aggressively prosecute public corruption, including police officers who sully the badge by using their position of authority to break the law. We will not tolerate those few who carry a badge and engage in illegal activity, while the vast majority of law enforcement officers adhere to their sworn oath and uphold the law on a daily basis, even under the most difficult of circumstances.”

“Law enforcement corruption undermines the public trust and can threaten the overall safety of our community,” said Aaron T. Ford, special agent in charge of the Memphis Division of the Federal Bureau of Investigation. “Public corruption is the number one criminal priority of the FBI and we will continue to work with our partners to bring to justice those who would seek to line their own pockets by ignoring their sworn oath to uphold the law.”

According to the indictment, between August 17, 2011 and February 1, 2012, Kenneth D. Lee, while employed as a Nolensville, Tennessee police officer, devised a scheme to solicit and accept monetary payment from an individual in exchange for that individual avoiding arrest for alleged criminal activity.

As part of the scheme, Lee took steps to conceal his activity and the nature and scope of his dealings with the individual by directing the individual to call him on his personal cell phone while not on duty; to send money to a post office box rented by Lee; and by cashing the money orders he received, rather than depositing them into a personal bank account.

Also according to the indictment, at Lee’s direction, the individual mailed three Western Union Money Orders, totaling $200, to a post office box in Nolensville, Tennessee. These money orders were subsequently cashed by Lee and in exchange for the payment, Lee did not arrest or cite the individual for the alleged criminal activity.

If convicted, Lee faces a maximum of 20 years in prison and a $250,000 fine on each charge.

This investigation was conducted by the FBI and the U.S. Postal Inspection Service, with the cooperation of the Nolensville Police Department. Assistant U.S. Attorneys Jimmie Lynn Ramsaur and Scarlett Singleton are representing the government.

Charges brought by an indictment are merely accusations and are not evidence of guilt. The defendant has the right to a trial, at which the government must bear the burden of proof beyond a reasonable doubt.”

————————————————————–

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.


Fugitive Previously Indicted for Copyright Infringement of Commercial Software Programs Arrested

February 2, 2012

The Federal Bureau of Investigation (FBI) on February 1, 2012 released the following:

“BALTIMORE— Naveed Sheikh, age 31, formerly of Baltimore, was arrested late yesterday on charges of illegally reproducing and distributing over 100 copyrighted commercial software programs. Sheik had been aware that he was under investigation and fled to Pakistan shortly before being indicted on January 13, 2011. Sheik was arrested at Dulles Airport yesterday as he was attempting to enter the U.S. Sheik had his initial appearance in the Eastern District of Virginia this afternoon, where he was detained pending a detention hearing on February 3, 2012.

The arrest was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge William Winter of Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI); Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation; and Postal Inspector in Charge Daniel Cortez of the U.S. Postal Inspection Service-Washington Division.

According to the one count indictment, from February 2004 to April 2008, Sheikh infringed copyrights by reproducing and distributing over 100 copyrighted commercial software programs for which he allegedly received over $265,000. The copyrighted works are estimated to be worth millions of dollars. Sheikh allegedly advertised through his Internet website and sold infringing copyrighted commercial software at prices well below the suggested retail prices of legitimate, authorized copies of the software. Some of the copyrighted works included Microsoft Money 2006 Small Business, Adobe After Effects Pro 7.0, Veritas NetBackUp Pro 5.1, Solid Works Office 2000 Premium, Quicken Premier Home and Business 2006 and Apple iLife 2006.

The indictment alleges that Sheikh advised purchasers that software programs could be mailed to purchasers on compact discs and downloaded from the Internet. Sheikh caused the creation of DVD-Rs and CD-Rs with copyright infringing software programs and crack codes. Crack codes allow an individual to modify software to remove or disable security protections. Sheikh allegedly requested that purchasers send money orders for infringing software to a P.O. box he maintained in Towson, Maryland. Sheikh also permitted customers to pay for infringing software through credit card charges and electronic fund transfers. Sheikh paid a company that hosted Internet domains to register multiple Internet domains, including ezencode.com, lazer-toners.com, and coark.net. Sheikh’s computer server, which was physically located in Scranton, Pennsylvania, hosted his website. Sheikh used computers in Bel Air, Maryland, and other computers to contact and control his computer server.

The indictment also seeks the forfeiture of $265,000 and any property derived from or traceable to the proceeds of the scheme.

Sheikh faces a maximum sentence of five years in prison. No date has been set for his appearance in Maryland.

An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

United States Attorney Rod J. Rosenstein praised ICE Homeland Security Investigations, the FBI, and U.S. Postal Inspection Service for their work in the investigation and thanked Assistant United States Attorney Harry Gruber, who is prosecuting the case.”

————————————————————–

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.


50 Individuals Charged in Puerto Rico with Allegedly Trafficking Identities of Puerto Rican Us Citizens

January 12, 2012

The U.S. Department of Justice on January 11, 2012 released the following:

“WASHINGTON – Fifty individuals were charged in an indictment unsealed today in Puerto Rico with conspiracy to commit identification fraud in connection with their alleged roles in a scheme to traffic the identities of Puerto Rican U.S. citizens and corresponding identity documents.

The charges were announced today by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Rosa E. Rodríguez-Vélez for the District of Puerto Rico; Director John Morton of U.S. Immigration and Customs Enforcement (ICE), which oversees Homeland Security Investigations (HSI); Chief Postal Inspector Guy Cottrell of the U.S. Postal Inspection Service (USPIS); Scott P. Bultrowicz, Director of the U.S. State Department’s Diplomatic Security Service; and Internal Revenue Service-Criminal Investigation (IRS-CI) Acting Chief Rick Raven.

The one-count indictment was returned by a federal grand jury on Dec. 29, 2011, and unsealed today. Defendants were arrested today in multiple districts throughout the United States and Puerto Rico and will make initial appearances in federal court in the districts in which they were arrested. In addition, law enforcement agents executed searches as part of an ongoing investigation.

“The indictment unsealed today alleges that from April 2009 to December 2011, the defendants operated an extensive black market, identity fraud ring,” said Assistant Attorney General Breuer. “The alleged conspiracy stretched across the United States and Puerto Rico, using suppliers, identity brokers and mail and money runners to fill and deliver orders for the personal identifying information and government-issued identity documents of Puerto Rican U.S. citizens. Those willing to buy and sell personal identifying information and documents should take notice of today’s actions. The department and our law enforcement partners will not allow this kind of illegal activity to continue.”

“Today’s arrests are a reflection of ICE Homeland Security Investigations unrelenting determination to identify and dismantle national smuggling rings engaged in document and identity fraud,” said ICE Director John Morton. “The conspiracy alleged to be perpetrated by those charged undermines the integrity of our national immigration system. We will continue working with our federal partners to protect our homeland from criminals who have no regard for our nation’s safety and security.”

According to the indictment, from at least April 2009 to December 2011, conspirators in 15 states and Puerto Rico, a U.S. territory, trafficked the identities of Puerto Rican U.S. citizens, corresponding Social Security cards, Puerto Rico birth certificates and other identification documents to undocumented aliens and others residing in the United States.

The indictment alleges that conspirators located in the Savarona area of Caguas, Puerto Rico, (Savarona suppliers) obtained the Puerto Rican identities and corresponding identity documents. Conspirators in various locations throughout the United States (identity brokers) solicited customers. The identity brokers allegedly sold Social Security cards and corresponding Puerto Rico birth certificates for prices ranging from $700 to $2,500 per set. The indictment alleges that identity brokers ordered the identity documents from Savarona suppliers, on behalf of the customers, by making coded telephone calls, including using terms such as “shirts,” “uniforms” or “clothes,” to refer to identity documents. Specifically, the brokers asked for “skirts” for female customers and “pants” for male customers in various “sizes,” which referred to the ages of the identities sought by the customers.

According to the indictment, the Savarona suppliers generally requested that customers’ initial payments be sent by the identity brokers through a money transfer service to persons whose names were provided by the Savarona suppliers. Savarona suppliers allegedly retrieved the payments from the money transfer service and then sent the identity documents to the brokers using express, priority or regular U.S. mail. The indictment alleges that various conspirators sent or received money and mail parcels. The conspirators frequently confirmed sender names and addresses, money transfer control numbers and trafficked identities via text messaging.

According to the indictment, once the identity brokers received the identity documents, they delivered the documents to the customers and obtained second payments. The brokers generally kept the second payments for themselves as profit. Some identity brokers allegedly assumed a Puerto Rican identity themselves and used that identity in connection with the trafficking operation.

As alleged in the indictment, the customers generally obtained the identity documents to assume the identity of Puerto Rican U.S. citizens and to obtain additional identification documents, such as legitimate state driver’s licenses. Some customers allegedly obtained the documents to commit financial fraud and attempted to obtain a U.S. passport.

“From Main Street to Wall Street, identity fraud exacts a devastating toll on American consumers and businesses. U.S. Postal Inspectors will continue to aggressively investigate criminals who use the mail to defraud postal customers,” said Chief Postal Inspector Cottrell.

“The Diplomatic Security Service is firmly committed to working with our law enforcement partners to investigate and bring to justice those who commit document trafficking and identity fraud,” said Director Bultrowicz of the U.S. State Department’s Diplomatic Security Service. “Fraudulently-obtained documents are frequently used to apply for U.S. passports and visas, two of the most coveted travel documents in the world.”

“IRS Criminal Investigation has made investigating identity theft a top priority,” said Acting Chief Raven of the IRS-CI. “We are committed to working with our law enforcement partners to unravel the money trail of criminal enterprises that defraud government and prey on unwitting victims.”

The indictment alleges that various identity brokers were operating in Rockford, Ill.; Indianapolis; DeKalb, Ill.; Columbus and Seymour, Ind.; Aurora, Ill.; Hartford, Conn.; Clewiston, Fla.; Lilburn and Norcross, Ga.; Salisbury, Md.; Columbus, Ohio; Fairfield, Ohio; Dorchester, Mass.; Lawrence, Mass.; Salem, Mass.; Worcester, Mass.; Grand Rapids, Mich.; Nebraska City, Neb.; Elizabeth, N.J.; Burlington, N.C.; Hickory, N.C.; Hazelton, Pa.; Philadelphia; Houston; and Abingdon, Va.

If convicted, each defendant faces a maximum sentence of 15 years in prison and a $250,000 fine, as well as forfeiture.

The charges announced today are the result of Operation Island Express, an ongoing, nationally-coordinated investigation led by the ICE-HSI Chicago Office and USPIS, DSS and IRS-CI offices in Chicago, in coordination with the ICE-HSI San Juan Office. The Illinois Secretary of State Police; Elgin, Ill., Police Department; Seymour, Ind., Police Department; and Indiana State Police provided substantial assistance. The ICE-HSI Assistant Attaché office in the Dominican Republic, National Drug Intelligence Center – Document and Media Exploitation Branch and International Organized Crime Intelligence and Operations Center (IOC-2) provided invaluable assistance as well as various ICE, USPIS, DSS and IRS CI offices around the country.

The case is being prosecuted by the Criminal Division’s Human Rights and Special Prosecutions Section, with the assistance of the Criminal Division’s Asset Forfeiture and Money Laundering Section, and the support of the U.S. Attorney’s Office for the District of Puerto Rico. The U.S. Attorneys’ Offices in the Northern District of Illinois, Southern District of Indiana and District of Connecticut provided substantial assistance. The U.S. Attorneys’ Offices in the Middle District of Florida, Southern District of Florida, Northern District of Georgia, Western District of Kentucky, District of Maryland, District of Massachusetts, Western District of Michigan, District of Nebraska, District of New Jersey, Western District of North Carolina, Southern District of Ohio, Eastern District of Pennsylvania, Middle District of Pennsylvania, Southern District of Texas, Eastern District of Virginia, Southern District of Illinois, Western District of Texas, Middle District of Louisiana and Western District of Virginia also provided invaluable support.

A website will be established to provide information about the case to potential victims and the public. Anyone who believes their identity may have been compromised in relation to this investigation may contact the ICE toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423) and its online tip form at http://www.ice.gov/tipline. Anyone who may have information about particular crimes in this case should also report it to the ICE tip line or website.

Anyone who believes that they have been a victim of identity theft, or wants information about preventing identity theft, may obtain helpful information and complaint forms on various government websites including the Federal Trade Commission ID Theft Website, http://www.ftc.gov/idtheft. Additional resources regarding identity theft can be found at http://www.ojp.usdoj.gov/ovc/pubs/ID_theft/idtheft.html; http://www.ssa.gov/pubs/10064.html ; http://www.fbi.gov/about-us/investigate/cyber/identity_theft; and http://www.irs.gov/privacy/article/0,,id=186436,00.html.

An indictment is merely a formal accusation. Defendants are presumed innocent unless proven guilty in a court of law.”

————————————————————–

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

————————————————————–

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.


Michael Moore Charged with Alleged Copyright Infringement of Sports Broadcasts

November 16, 2011

The Federal Bureau of Investigation on November 15, 2011 released the following:

“WASHINGTON— Charges of copyright infringement were unsealed today in federal court in Philadelphia against a Pennsylvania man for allegedly infringing on copyright protected broadcasts of hockey games, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Zane David Memeger for the Eastern District of Pennsylvania.

The seven-count indictment alleges that Michael Moore, 44, of Chadds Ford, Penn., infringed the copyright protected works during seven six-month periods between May 2006 and June 2010.

The indictment alleges that HDHOCKEY.TV was a website that offered for sale DVDs containing recordings of copyrighted television broadcasts of hockey games and other copyrighted works such as team and player profiles, from the National Hockey League (NHL) and other professional hockey leagues. It also alleges that BROADSTREETBULLY.COM was a website offering for sale monthly subscriptions that enabled subscribers to download an unlimited number of video clips of copyrighted television broadcasts of hockey games, and other copyrighted works such as team and player profiles, from the NHL and other professional hockey leagues. The indictment alleges that neither site had the permission of the NHL or any other professional hockey league to reproduce or distribute these recordings.

Charges contained in an indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The maximum penalty for each count of copyright infringement is five years in prison. The indictment also seeks forfeiture.

The case was investigated by the FBI and the U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Albert S. Glenn for the Eastern District of Pennsylvania and Trial Attorney Evan Williams of the Criminal Division’s Computer Crime and Intellectual Property Section.”

————————————————————–

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

————————————————————–

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.


ICE HSI takes down an alleged fraudulent telemarketing network in Jamaica

October 14, 2011

The U.S. Immigration and Customs Enforcement (ICE) on October 13, 2011 released the following:

“U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) special agents combat crime across the globe. With offices in 47 countries, the agency is committed to bringing down international criminal networks that threaten the national security of U.S. citizens.

Last month, ICE HSI special agents and representatives from the U.S. Postal Inspection Service supported “Operation Due North,” a series of search warrants led by the Jamaica Constabulary Force and the Jamaica Customs Department, targeting criminal networks that specialized in telemarketing/lottery fraud in and around Montego Bay, Jamaica. Elderly U.S. citizens were often their victims.

“Working with our local law enforcement counterparts, we assisted in devising a disruption strategy to reduce telemarketing fraud activity in country,” said Christopher Merendino, assistant attaché for ICE HSI in Jamaica. “HSI utilized proven operational concepts such as actionable intelligence driven enforcement as well as funding, training, and new technologies to build the capacity of Jamaican investigators to identify and pursue the most prolific fraudsters.”

Jamaican law enforcement officers searched a total of 12 locations and arrested 14 individuals. They also collected significant amounts of evidence indicating telemarketing fraud, including computer equipment, lead lists of prospective victims, bank account documents and large amounts of cash.

Whenever possible, money seized through this operation will be returned to individuals who were victims of telemarketing fraud.”

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.