Southern District of Florida
Press releases recorded for this federal judicial district.
Miami Ringleader of Nationwide Counterfeit Check Cashing and Identity Theft Scheme Sentenced to over 10 Years in Federal PrisonRead the Press Release
Miami, Fl. – A federal district judge has sentenced a Miami man convicted of running a nationwide counterfeit check cashing and identity theft scheme while illegally possessing a firearm to 129 months in prison. The man, who used fraud proceeds to buy personal luxury items, including a 39-foot Midnight Express powerboat with triple 400 horsepower Mercury engines, also was ordered to pay over $1.8 million in restitution to victims.
Defendant Carlos Miguel Rodriguez, Sr. a/k/a “Il Padrino,” 45, executed the fraud scheme with help from his son, daughter, and others, who are also convicted defendants in this case. The swindle operated as follows: Rodriguez, Sr. and his daughter would purchase names, dates of birth, addresses, and social security numbers of unwitting bank customers on the dark web. With the stolen information, Rodriguez, Sr.’s son accessed the victim’s bank accounts to change contact information to a phone number that he and his father controlled. He also downloaded checks signed by the account holders to use as templates for counterfeit checks. Once the counterfeit checks were ready, Rodriguez, Sr. would give them to other co-conspirators, tasking them with finding people who would visit the banks to cash the checks. Sometimes, Rodriguez, Sr. recruited the check cashers himself, using people living on the street or in homeless shelters. The fraudsters had counterfeit checks cashed at banks in South Florida and in California, Texas, and Utah – states to which they traveled for that purpose. Rodriguez, Sr. deposited the cash from the counterfeit checks into different bank accounts to disguise the source of the money.
Rodriguez, Sr.’s sentence follows his guilty plea and conviction on January 29, 2020, on one count of conspiracy to commit bank fraud and wire fraud, one count of aggravated identity theft, and one count of possession of a firearm by a convicted felon.
Also sentenced yesterday for their roles in the fraud scheme were Rodriguez, Sr.’s son, Carlos Miguel Rodriguez, Jr., and Kenny Alfaro, to 52 months imprisonment and 46 months imprisonment, respectively. Each was ordered to pay over $1.8 million in restitution. On September 21, 2020, Raul Alpizar Gonzalez was sentenced to 52 months imprisonment and ordered to pay over $1.8 million in restitution. On July 23, 2020, Rodriguez, Sr.’s daughter, Taily Rodriguez, and Maipu Fonseca, were sentenced to 24 months’ imprisonment and credit time served, respectively. Taily Rodriguez was ordered to forfeit her home. All defendants are from Miami.
Ariana Fajardo Orshan, United States Attorney, Southern District of Florida, George L. Piro, Special Agent in Charge, FBI Miami Field Office, and Brian Swain, Special Agent in Charge, United States Secret Service, Miami Field Office, made the announcement.
FBI Miami and Secret Service Miami investigated this case. Special Assistant U.S. Attorney Elizabeth Young prosecuted it. Assistant U.S. Attorney Nicole Grosnoff is handling asset forfeiture.
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 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 www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 19-cr-20631.
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Two Defendants Arrested Following Armed Home Invasion and KidnappingRead the Press Release
FORT LAUDERDALE – On December 16-17, 2020, Kejuan Brandon Campbell, 26, Tamarac, Florida, and Dionte Alexander-Wilcox, 24, Miramar, Florida, were arrested for kidnapping and conspiracy to kidnap pursuant to a criminal complaint, announced U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, and Special Agent in Charge Robert Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to the criminal complaint, Campbell, Alexander-Wilcox, and another individual forcefully gained entry into the residence of the two victims, brandishing firearms and threatening to kill them if they did not provide them with twenty thousand dollars ($20,000.00) in United States currency. After multiple failed attempts to obtain the money through Cash App, Campbell forced the female to travel with him to multiple businesses in order to cash checks or withdraw money from the victim’s debit card; however, when Campbell could not get the requisite amount of money, he, Alexander-Wilcox, and the other individual spent the night at the victims’ residence, eating their food and drinking their liquor. During the evening, Alexander-Wilcox sexually assaulted one of the victims at gunpoint. The next day, after forcing the victims to increase their withdrawal limit, Campbell took one of the victims to multiple banks to withdraw over $20,000.00 in cash while Alexander-Wilcox and the other individual remained at the victims’ residence and held the other victim at gunpoint. After obtaining the money, Campbell, Alexander-Wilcox, and the other individual departed from the scene and recorded themselves counting the large stacks of money. During the course of its investigation, law enforcement recovered forensic evidence linking Campbell, Alexander-Wilcox, and the other individual to the scene of the home invasion, video surveillance and other documents of Campbell with one of the victims, and one of the firearms used during the home invasion through the use of trained canines.
The criminal complaint is only an allegation. Campbell and Alexander-Wilcox are innocent until such time that they are proven guilty. If convicted, both Campbell and Alexander-Wilcox face a maximum sentence of life imprisonment and a term of supervised release of up to 5 years.
U.S. Attorney Fajardo Orshan commended the investigatory efforts of the FBI, the FBI Miami Violent Crime Task Force, ATF, Miramar Police Department, U.S. Marshal Service, Broward Sheriff’s Office and Lauderhill Police Department in this matter. This case is being prosecuted by Assistant U.S. Attorney Ajay Alexander.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 20-mj-06653.
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Miami-Dade Public Service Aide who Accepted Bribes Pleads Guilty in Federal CourtRead the Press Release
Miami, Fl.-- Today, Marquies McGirt, 32, a former Miami-Dade Police Department (“MDPD”) public service aide (“PSA”) pled guilty to conspiring to commit mail fraud, by accepting bribes from a co-conspirator who operated a for-profit credit repair business.
According to court documents, a PSA is an unarmed civilian employee with no arrest powers, whose duties essentially involve providing support to sworn police officers. A PSA performs duties that can include investigations of non-violent crimes, minor crime scene processing, and other routine non-emergency law enforcement activities – such as directing traffic and responding to accidents without serious injury. As part of a PSA’s official duties, a PSA may respond to a reported incident of the offense under Florida state law of “criminal use of personal identification,” which is commonly known as identity theft.
The credit repair business operated by McGirt’s co-conspirator assisted individuals in improving their credit scores, including individuals residing in Miami-Dade County. The essence of the conspiracy involved McGirt agreeing to assist his co-conspirator’s business by creating police reports known as Offense-Incident Reports (“OIRs”) that alleged certain customers of the co-conspirator’s credit repair business had been victims of identity theft. In return for creating the OIRs, McGirt would receive bribes from the co-conspirator in the form of cash and lifetime free credit monitoring, as well as discounted credit repair services for McGirt’s family members and friends.
In furtherance of the conspiracy, McGirt’s co-conspirator would provide McGirt with the customers’ names and other identifying information, so that McGirt in turn could create OIRs that claimed those customers had been victims of the Florida state law offense of criminal use of personal identification. McGirt would create OIRs, consistent with this plan. In the OIRs, McGirt would falsely represent that the alleged “victims” personally had reported to him facts consistent with having been victims of identity theft, when in fact McGirt had never met with the alleged victims.
The co-conspirator would send letters, via the United States Postal Service, to Experian, TransUnion, and Equifax, which were credit reporting agencies that collected and maintained data relevant to the credit worthiness of individual consumers. In order to induce the credit reporting agencies to remove negative items from the credit histories of the co-conspirator’s customers, the letters would claim that the co-conspirator customers had been victims of identity theft. To support the claims in these letters, the co-conspirator could include a copy of the relevant OIR provided by McGirt.
Records obtained through the investigation of this case reflect that the defendant created approximately twenty-four (24) OIRs in the manner described above, which the co-conspirator in turn sent to one or more of the credit reporting agencies.
McGirt’s sentencing hearing is scheduled for February 23, 2021, at 11:00 a.m. before U.S. District Judge Ursula Ungaro.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Alfredo Ramirez III, Director, Miami-Dade Police Department, made the announcement.
FBI Miami investigated this case, with assistance from the MDPD Professional Compliance Bureau. Assistant U.S. Attorney Michael S. Davis is prosecuting the case.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 20-cr-20202.
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Male Escort Pleads Guilty to Tax FraudRead the Press Release
Miami, Fl. -- A South Florida male escort who lied to the IRS about his income pled guilty today in federal court in Ft. Lauderdale to filing a false tax return.
According to court documents, 46-year-old Jami Kopacz worked as a paid escort for clients across the United States. Kopacz received payments directly from his escort clients and from a private business for whom he worked as an independent contractor. From 2015 to 2018, Kopacz used his corporation, JK Training, LLC, to receive income. Then, he filed false corporate tax returns (Forms 1120S) that substantially underreported the company’s gross receipts and total income. The understatement on JK Training’s corporate tax returns consequently passed through to Kopacz’s individual tax returns, which were also false as they underreported his total income. Kopacz caused a total tax loss of $278,325.
Kopacz’s sentencing hearing is scheduled for March 5, 2021, in Ft. Lauderdale before the Honorable U.S. District Judge Roy K. Altman. Kopacz faces up to three years in prison plus supervised release, penalties, and restitution.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, and Tyler R. Hatcher, Acting Special Agent in Charge, Internal Revenue Service-Criminal Investigation (IRS-CI), Miami Field Office, made the announcement.
IRS-CI Miami investigated the case. Assistant U.S. Attorney Christopher Browne and Trial Attorney Grace Albinson are prosecuting it.
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 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 www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 20-cr-60096.
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Former Venezuelan National Treasurer and her Spouse Charged in Connection with International Bribery and Money Laundering SchemeRead the Press Release
Miami, Fl. -- A former Venezuelan National Treasurer and her spouse were charged in a superseding indictment for their alleged participation in a previously indicted billion-dollar currency exchange and money laundering scheme. An alleged co-conspirator was previously charged in the original indictment.
Claudia Patricia Diaz Guillen (Diaz), 47, and her spouse, Adrian Jose Velasquez Figueroa (Velasquez), 41, Venezuelan citizens who reside in Madrid, Spain, were charged in a superseding indictment filed in the Southern District of Florida with one count of conspiracy to commit money laundering and two counts of money laundering.
Raul Gorrin Belisario (Gorrin), 52, a Venezuelan billionaire businessman who owns Globovision news network, was charged by indictment in August 2018 and remains charged in the superseding indictment as a co-conspirator in the same conspiracy and money laundering counts. He is currently a fugitive residing in Venezuela.
The superseding indictment alleges that Gorrin paid millions of dollars in bribes to two former Venezuelan national treasurers, Alejandro Andrade Cedeno (Andrade) and Diaz, and to Velasquez, for the benefit of Diaz, to secure the rights to conduct foreign currency exchange transactions at favorable rates for the Venezuelan government. Gorrin wired money to and for the benefit of Andrade and Diaz, including money for private jets, yachts, homes, champion horses, high-end watches and a fashion line. To conceal the bribe payments, Gorrin made payments through multiple shell companies.
Andrade, 56, a Venezuelan citizen, was previously sentenced to 10 years in prison in November 2017 for his role in the conspiracy to commit money laundering. As part of his guilty plea, Andrade admitted that he received over $1 billion in bribes from co-conspirator Gorrin and other co-conspirators in exchange for using his position as Venezuelan national treasurer to select them to conduct currency exchange transactions at favorable rates for the Venezuelan government.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Special Agent in Charge Anthony Salisbury of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami Field Office, Special Agent in Charge Mark B. Dawson of HSI Houston Field Office, Special Agent in Charge George L. Piro of the FBI Miami Field Office, Special Agent in Charge Peter C. Fitzhugh and Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation’s (FDIC) Washington, D.C. Office made the announcement.
HSI Miami, HSI Houston, HSI Boston, FBI Miami, and FDIC D.C. investigated this case. Assistant U.S. Attorney Kurt Lunkenheimer, of the Southern District of Florida, and Assistant Chief Vanessa Sisti and Trial Attorney Paul A. Hayden of the Criminal Division’s Fraud Section are prosecuting this case. Assistant U.S. Attorney Nicole Grosnoff and Assistant U.S. Attorney Nalina Sombuntham, of the Southern District of Florida, are handling asset forfeiture. The Criminal Division’s Office of International Affairs provided significant assistance in this matter. The Policía Nacional (Spanish National Police) also provided significant assistance.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.
You may find court documents on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 18-cr-80160.
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Former Venezuelan National Treasurer and Her Spouse Charged in Connection with International Bribery and Money Laundering SchemeRead the Press Release
A former Venezuelan National Treasurer and her spouse were charged in a superseding indictment filed Tuesday for their alleged participation in a previously indicted billion-dollar currency exchange and money laundering scheme. An alleged co-conspirator was previously charged in the original indictment.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge Anthony Salisbury of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami Field Office, Special Agent in Charge Mark B. Dawson of HSI Houston Field Office, Acting Special Agent in Charge David Magdvcz of HSI Boston Field Office, Special Agent in Charge George L. Piro of the FBI Miami Field Office, and Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation (FDIC) Office of Inspector General (OIG) made the announcement.
Claudia Patricia Diaz Guillen (Diaz), 47, and her spouse, Adrian Jose Velasquez Figueroa (Velasquez), 41, Venezuelan citizens who reside in Madrid, Spain, were charged in a superseding indictment filed in the Southern District of Florida with one count of conspiracy to commit money laundering and two counts of money laundering.
Raul Gorrin Belisario (Gorrin), 52, a Venezuelan billionaire businessman who owns Globovision news network, was charged by indictment in August 2018 and remains charged in the superseding indictment as a co-conspirator in the same money laundering conspiracy and money laundering counts. He is currently a fugitive residing in Venezuela.
The superseding indictment alleges that Gorrin paid millions of dollars in bribes to two former Venezuelan national treasurers, Alejandro Andrade Cedeno (Andrade) and Diaz, and to Velasquez, for the benefit of Diaz, to corruptly secure the rights to conduct foreign currency exchange transactions for the Venezuelan government at favorable rates. Gorrin wired money to and for the benefit of Andrade and Diaz, including money for private jets, yachts, homes, champion horses, high-end watches, and a fashion line.
Andrade, 56, a Venezuelan citizen, was previously sentenced to 10 years in prison in November 2018 for his role in the conspiracy to commit money laundering. As part of his guilty plea, Andrade admitted that he received over $1 billion in bribes from co-conspirator Gorrin and other co-conspirators in exchange for using his position as Venezuelan national treasurer to select them to conduct currency exchange transactions at favorable rates for the Venezuelan government.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
HSI Miami, HSI Houston, HSI Boston, FBI Miami, and the FDIC OIG are investigating this case. This case is being prosecuted by Assistant Chief Vanessa Sisti and Trial Attorney Paul A. Hayden of the Criminal Division’s Fraud Section, and Assistant U.S. Attorneys Kurt Lunkenheimer and Nalina Sombuntham of the Southern District of Florida. The Criminal Division’s Office of International Affairs provided significant assistance in this matter. The Policía Nacional (Spanish National Police) also provided significant assistance.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Lil Wayne Pleads Guilty in Miami to Federal Gun ChargeRead the Press Release
Miami, Fl. -- Today, 38-year-old rapper Lil Wayne pled guilty in federal district court to illegally possessing a loaded, gold-plated .45-caliber handgun while traveling to South Florida on a private plane last Christmas season.
According to court documents, an anonymous tip led officers to Opa Locka Executive Airport on December 23, 2019, where Lil Wayne, whose official name is Dwayne Michael Carter, arrived on a private flight from California. Officers spoke with Carter, who told them that he had a gun in his bag. After securing a search warrant, officers looked in the bag containing Carter’s personal items and found a gold-plated Remington 1911, .45-caliber handgun loaded with six rounds of ammunition. The bag also contained personal use amounts of cocaine, ecstasy, and oxycodone. Prior to December 23, 2019, Carter had been convicted of a felony, which made his possession of the gun and ammunition on that day illegal.
Carter’s sentencing hearing is scheduled for January 28, 2021, at 2:00 p.m., before U.S. District Judge Kathleen M. Williams. Carter faces up to 10 years in federal prison.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.
FBI Miami investigated this case, with assistance from the Miami-Dade Police Department and Miami-Dade State Attorney’s Office. Assistant U.S. Attorney Daniel J. Marcet is prosecuting the case.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 20-cr-20222.
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Florida Men Charged with Stealing Ventilators Intended for Critically Ill Covid-19 Patients in El SalvadorRead the Press Release
Miami, Fl. -- Two Miami residents accused of stealing 192 U.S. government-owned medical ventilators worth about three million dollars were indicted on federal charges. According to court documents, the ventilators were heading to a COVID-19 intensive care facility in El Salvador as part of a United States Government COVID-19 aid program when they were stolen in South Florida, while in transit.
The indictment charges Yoelvis Denis Hernandez, a/k/a "Guajiro," 42, and Luis Urra Montero, a/k/a "Flaco," 24, with federal conspiracy, possession of stolen goods being shipped interstate, and theft of government property. According to the indictment and other court documents, on August 9, 2020, Hernandez and Montero stole a tractor trailer loaded with 192 medical ventilators, during its transport by truck to Miami International Airport. USAID had acquired the ventilators and was sending them to the Government of El Salvador as part of an aid program to treat critically ill COVID-19 patients there. According to court documents, Hernandez and Montero stole the trailer from a lot where the driver had left it overnight. Following an investigation, law enforcement found most of the stolen ventilators.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Ann Calvaresi Barr, Inspector General, United States Agency for International Development, Office of Inspector General ("USAID-OIG"), made the announcement.
FBI, FBI Miami's Major Theft Task Force, and USAID-OIG investigated this case, with assistance from Boynton Beach Police Department, Miami Dade Police Department, Medley Police Department, City of Miami Gardens Police Department, and Broward Sheriff's Office. Assistant U.S. Attorney Lindsey Lazopoulus Friedman is prosecuting it.
An indictment is merely a charging document and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice's National Center for Disaster Fraud Hotline at 866-720-5721.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 20-cr-20252.
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Defendant Sentenced in $25 Million Diamond Ponzi SchemeRead the Press Release
Miami, Florida – A South Florida federal district judge sentenced a Washington D.C. man who operated a fraudulent diamond investment scheme to serve 84 months in federal prison and pay over $23 million in victim restitution.
From about May 2014 through May 2019, defendant Jose Angel Aman and his partners solicited people throughout the United States and Canada to invest in diamond contracts. Aman and his partners promised investors that they would use the money to purchase rough colored diamonds for Aman to cut, polish and resell at a profit. They reassured investors that their money was safe because it was secured by Aman’s inventory of diamonds (purportedly valued at $25 million). Aman and his partners presented the investment as a high return, no risk deal.
These promises and statements were false. Aman rarely used investors’ money to purchase, cut, and resell rough diamonds. Nor did Aman have a $25 million diamond inventory. To conceal the fraud, Aman made purported interest payments to existing investors with money from new investment victims. At the end of the investment period, Aman and the partners would convince the investors to roll over their money by falsely claiming that the investors had the full value of their investments to put into new deals. They provided sham “Reinvestment Contracts” to the investors, a tactic they used to buy time until Aman could locate new investors and additional money.
When this scheme was about to collapse, Aman set up a new business, Argyle Coin, LLC, which was purportedly in the business of developing a cryptocurrency token backed by diamonds. Aman solicited new investors for Argyle, promising high rates of return with no risk. Aman used only a fraction of the money received from Argyle investors to develop a cryptocurrency token. He used most of it to pay purported interest payments to the earlier investors and to benefit himself and his partners.
During the course of the Ponzi scheme, Aman and his partners collected over $25 million from hundreds of investors. Among other things, Aman used the money to support his lavish lifestyle.
Aman was sentenced by U.S. District Judge Rodolfo A. Ruiz II, who sits in Fort Lauderdale. This matter was investigated by FBI West Palm Beach, with assistance from the Florida Office of Financial Regulation. AUSAs Ellen Cohen and Adrienne Rabinowitz prosecuted this case.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI Miami Field Office, made the announcement.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 20-cr-80062.
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Venezuelan Business Executive Charged in Connection with International Bribery and Money Laundering SchemeRead the Press Release
A dual Venezuelan-Italian citizen who controlled multiple companies via U.S. based bank accounts was charged in an indictment returned Tuesday for his role in laundering the proceeds of inflated contracts that were obtained by making bribe payments to officials at Venezuela’s state-owned and state-controlled energy company Petróleos de Venezuela S.A. (PDVSA).
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge Anthony Salisbury of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami Field Office, and Acting Special Agent in Charge Tyler R. Hatcher of the IRS Criminal Investigation’s (IRS-CI) Miami Field Office made the announcement.
Natalino D’Amato, 61, of Venezuela, was charged in an 11-count indictment filed in the Southern District of Florida. D’Amato was charged with one count of conspiracy to commit money laundering, four counts of international money laundering, three counts of promotional money laundering, and three counts of engaging in transactions involving criminally derived property.
The indictment alleges that, beginning in January 2013 and continuing through December 2017, D’Amato conspired with others, including officials at joint ventures between PDVSA and various foreign companies in the oil-rich Orinoco belt of Venezuela, to launder the proceeds of an illegal bribery scheme to and from bank accounts located in South Florida. These joint ventures were majority owned and controlled by PDVSA. According to the indictment, D’Amato offered and paid bribes to numerous Venezuelan officials who worked at the PDVSA joint ventures in order to obtain highly inflated and lucrative contracts to provide goods and services to the PDVSA joint ventures. The indictment further alleges that over the course of the conspiracy, companies controlled by D’Amato received approximately $160 million from the PDVSA joint ventures into accounts he controlled in South Florida. According to the charges, D’Amato used a portion of those funds to make payments to or for the benefit of the Venezuelan officials.
The indictment also includes allegations seeking criminal forfeiture of bank accounts involved in the charged offenses, with funds totaling approximately $45 million.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the HSI Miami Field Office and IRS-CI Miami Field Office. Trial Attorney Alexander Kramer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Michael Berger of the Southern District of Florida are prosecuting the case. Assistant U.S. Attorney Adrienne E. Rosen of the Southern District of Florida is handling asset forfeiture.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former FCI-Miami Correctional Officer Involved in Bribery Scheme Sentenced to 70 Months’ ImprisonmentRead the Press Release
Miami, Fl. -- A former federal correctional officer was sentenced today to 70 months in prison for sneaking contraband items into the Miami prison where he worked and distributing them to inmates in exchange for bribe money.
From as early as December 2018 through September 2019, Victor Manuel DeJesus (“DeJesus”), 48, used his official position as a correctional officer at FCI-Miami federal prison to bring prohibited items, including controlled substances, cellular telephones, and SIM cards, into the prison and distribute them to inmates who lived there. In exchange for this service, DeJesus accepted bribe payments from inmates and their associates. DeJesus used inmate co-conspirators to distribute the contraband within FCI-Miami.
In connection with this criminal conduct, DeJesus pled guilty earlier this year to conspiracy, bribery, and other charges.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George Piro, Special Agent in Charge, Federal Bureau of Investigations (FBI), Miami Field Office, and James F. Boyersmith, Special Agent in Charge, Department of Justice Office of the Inspector General, Miami Field Office, made the announcement.
U.S. Attorney Fajardo Orshan commended the investigatory efforts of the FBI, Department of Justice Office of the Inspector General, the United States Postal Service, and the Bureau of Prisons in this matter. Assistant U.S. Attorney Alejandra L. López prosecuted this case.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 19-cr-20660-RNS.
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Local Basketball Coach Charged in Federal Court with Defrauding Covid-19 Relief Program out of Almost $1 MillionRead the Press Release
Miami, Fl. -- A Florida man, recently named one of Florida’s high school basketball coaches of the year, was arrested and charged with fraudulently obtaining $984,710 in a Paycheck Protection Program (PPP) loan.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge Kyle A. Myles of the Federal Deposit Insurance Corporation (FDIC) Office of Inspector General (OIG), and Special Agent in Charge George L. Piro of the Federal Bureau of Investigation (FBI) made the announcement.
Terrence Deshun Williams, 40, of Tamarac, Florida, was charged by criminal complaint in the Southern District of Florida with one count of bank fraud, one count of money laundering, one count of engaging in transactions in unlawful proceeds, and one count of making false statements to a financial institution.
The complaint alleges that Williams, the head coach of the boys’ varsity basketball team at a Fort Lauderdale high school, applied for and received $984,710 in a PPP loan from an insured financial institution on behalf of Williams Consulting Group LLC, a company Williams owned. The complaint alleges that although Williams claimed the company had 67 employees and an average monthly payroll of $393,884.00, the company in fact paid no such payroll and did not have any recorded employees with the State of Florida. The complaint alleges that after receiving the loan proceeds, instead of using the money for an approved purpose, Williams laundered the vast majority by transferring the proceeds to several accounts he controlled at a different financial institution. The complaint also alleges that Williams received into his company’s bank account Florida Unemployment Insurance benefits.
Williams is scheduled for an initial appearance today at 11:00 a.m. before U.S. Magistrate Judge Lurana Snow, who sits in Ft. Lauderdale.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 29, 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Fajardo Orshan commends FDIC-OIG and the FBI. Assistant U.S. Attorney Eli S. Rubin of the Southern District of Florida is prosecuting the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 20-mj-6580.
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Two South Florida Police Officers Charged with Federal Drug Trafficking CrimeRead the Press Release
Miami, Fl. – A recently unsealed criminal complaint charges Miami-Dade County Police Officers Roderick Michael Flowers, 30, and Keith Maurice Edwards Jr., 28, with conspiring to traffic cocaine. It also charges Manuel Carlos Hernandez, 23, in the cocaine trafficking conspiracy, and Hernandez, Durojaiye Obafemi Monsuru Lawal, 24, and Trevanti McLeod, 23, all from South Florida, with money laundering crimes.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and Keith Weis, Special Agent in Charge for DEA Miami, made the announcement.
According to allegations in the criminal complaint affidavit, on September 16, 2020, Officers Flowers and Edwards provided protection for the transport of what they believed to be 10 kilograms of cocaine connected to a Mexican drug cartel from its pick-up point in Homestead, Florida to its drop-off point in Aventura, Florida. Officers Flowers and Edwards, each in his own car, escorted a third vehicle containing the purported cocaine: Flowers drove immediately in front of the loaded vehicle and Edwards drove immediately behind it on the Palmetto, 836, and I-95 highways. The affidavit alleges that the officers also escorted the purported cocaine and its handlers on foot, as they went into and out of buildings to pick up and drop off the load. In exchange for the protection service, Flowers and Edwards each made $5,000 in cash, according to the complaint. Unknown to Flowers and Edwards at the time, the cocaine was fake and the Mexican cartel dealers were actually law enforcement confidential sources and undercover agents.
In addition, the complaint affidavit describes Hernandez’s alleged money laundering operation, including transactions during which Hernandez and his associates, Lawal and McLeod, laundered $200,000 in purported drug proceeds. According to the complaint, prior to the protection job on September 16, Officer Flowers had been on Hernandez’s payroll and had improperly used his position as an officer to obtain information for Hernandez. The affidavit accuses Hernandez of investing in the load that Flowers and Edwards protected on September 16, believing that it was real cocaine connected to a Mexican cartel.
All defendants have made their initial appearances in federal magistrate judge court in Miami.
DEA Miami investigated this case, with assistance from FBI Miami, DEA Detroit, and Miami Dade Police Department, Internal Affairs. Assistant United States Attorneys Frederic “Fritz” Shadley and Eduardo Sanchez are prosecuting this case.
A criminal complaint is a charging instrument that contains allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 20-mj-3922.
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CEO, CFO, President, and Owner of Sober Homes Network “Serenity Ranch Recovery” Sentenced Following Conviction at TrialRead the Press Release
Miami, Fl. -- Today, a federal district judge in Ft. Lauderdale sentenced defendant Sebastian Ahmed, 42, of Delray Beach, Florida, to a term of 210 months’ imprisonment and restitution in the amount of $ 4,231,288 following his conviction after a six-week jury trial of conspiracy to commit health care fraud and wire fraud, five counts of health care fraud, conspiracy to commit money laundering, and eleven counts of money laundering.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation, and Omar Perez Aybar, Special Agent in Charge, U.S. Department of Health and Human Services-Office of Inspector General made the announcement.
As part of the scheme, the conspirators exploited vulnerable drug addicts, the majority of whom were 18 to 26 years ago; falsified paperwork; and entered into various kickback arrangements, all in order to receive millions of dollars of falsely and fraudulently obtained funds for their own personal use and benefit. As demonstrated by the trial record, of all the conspirators, no one profited more than Sebastian Ahmed, who netted more than $2.8 million in less than three years.
The government established at trial that Sebastian Ahmed was the CEO, president and CFO of the two substance abuse treatment centers: Jacob’s Well and Medí MD; and the medical health clinic, Arnica Health, all of which he operated under the umbrella of Serenity Treatment Center, Serenity Living, and “Serenity Ranch Recovery” in Davie, Florida. Ahmed operated the three clinics from in or around June 2016 through May 2019. He employed his brother, Ali a/k/a “Al” Ahmed as the COO. Testimony revealed that Al Ahmed had previously declared bankruptcy having been found liable in a civil suit brought by his former employer, Kaplan University, for stealing confidential lead information from Kaplan.
The government emphasized at trial that defendant (1) engaged in illegal billing to private insurance plans through Jacob’s Well prior to the clinic being certified by DCF in February 9, 2017; (2) provided unlawful inducements to the approximately 500 patients consisting of free airline travel, housing, vapes, manicures, cash, and failure to collect patient responsibilities for co-pays and deductibles; and (3) billed for medically unnecessary therapeutic services consisting of therapy and urine analyses, the former having not been provided but billed by defendant’s substance abuse clinics. The patients were also permitted to reside in co-ed housing in which destructive sexual relationships, not conducive to real addiction treatment, formed – sometimes between the staff and patients, according to the testimony and evidence.
According to court documents and evidence presented at trial, the patients consisted of young adults in their twenties who primarily were addicted to opioids and other drugs of abuse. Many of the patients were permitted to remain on their parents’ private insurance plans up to age 26.
The patients resided in a series of so-called sober homes maintained by defendant in Davie, Southwest Ranches, Hollywood and Pompano. None of these homes were certified by DCF as approved community housing for persons engaged in a substance abuse treatment program.
Former Serenity employees including co-defendants Mauren Morel and Hector Alvarez, both Clinical Social Workers in the State of Florida, testified that they prepared fake progress notes to support fraudulent billing for daily group therapy sessions that patients did not attend. They testified that they did so at the defendant’s direction, and that claims were even submitted for dates when patients were not physically present.
Government expert witness Dr. Kelly Clark was a board certified addiction medicine specialist and clinical psychiatrist. She focused her career on issues of addictive disease. She testified that the manner in which Serenity’s medical providers prescribed buprenorphine and benzodiazepines to a drug abusing population was medically inappropriate and potentially dangerous. Patient-witnesses and the parent of a former patient likewise testified that Serenity caused their addictions to intensify rather than improve, and that multiple patients suffered overdoses and relapses that went unaddressed by the staff at Serenity. Indeed, the record showed that Sebastian Ahmed failed to report a single overdose incident to DCF as required by law, and that multiple patients were cycled back and forth between detox centers and Serenity without apparent improvement in their condition. Evidence that Serenity permitted and even procured addictive drugs for its patients was presented at trial, and medical records introduced as trial exhibits revealed that the doctors did not check the expensive urine screens that were being ordered until well after patients’ discharge. These urine screens revealed repeat positives for, among other drugs, methamphetamine, heroin, cocaine, and prescription narcotics.
From June 2016 through May 2019, the government attributed approximately $38 million in fraudulent billing submitted by defendant’s clinics which resulted in the reimbursement of over $6 million in payments.
Co-conspirators and former co-defendants Ali a/k/a Al Ahmed, the defendant’s brother; and Hector Alvarez and Mauren Morel, the clinical directors at two of the facilities, were also charged and pled guilty in connection with the fraud. Ali a/k/a Al Ahmed, who served as a Chief Operating Officer and co-owner of the facilities, was sentenced to ten years’ imprisonment. Hector Alvarez and Mauren Morel, both of whom testified at trial against Sebastian Ahmed, each received sentences of 32 months’ imprisonment. These three former co-defendants were sentenced by United States District Judge Federico A. Moreno prior to the trial.
Ms. Fajardo Orshan commended the investigative efforts of FBI and HHS-OIG. Support for the investigation was also provided by the Drug Enforcement Administration, Davie Police Department, Broward Sheriff’s Office, Palm Beach Sober Homes Task Force, and the Florida Department of Children and Families. The case is being prosecuted by Assistant U.S. Attorneys Christopher J. Clark and Lisa H. Miller. Assistant U.S. Attorneys Nicole Grosnoff and Peter Laserna are handling the asset forfeiture component of the case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
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Miami Lawyer Charged with Bank RobberyRead the Press Release
Miami, Florida – Federal prosecutors have charged 41-year-old Miami lawyer Aaron Patrick Honaker with committing a series of bank robberies and attempted bank robberies in South Florida over the past three weeks.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida and FBI Miami Special Agent in Charge George L. Piro made the announcement.
The criminal complaint charges Honaker with robbing $1050 from an Aventura bank on October 3, and robbing $800 from a Coral Gables bank on October 10. It also charges him with attempting to rob four banks in Coral Gables around that same time.
According to allegations in the complaint affidavit, Honaker followed a consistent approach during the six robbery attempts, two of which were successful: Honaker would enter each bank alone, walk up to a teller window, and ask the teller for assistance in making a withdrawal. Honaker would pass a note to the bank teller that contained hand-written instructions and warnings, such as “[d]on’t touch the alarm or call the police,” “empty all of your $50s and $100s and put it in an envelope,” and “[k]eep calm, and give me all the money in the drawer, I have a gun.” Honaker would take his note with him on the way out of the bank, says the affidavit.
FBI Miami issued law enforcement bulletins containing descriptions and bank surveillance images of the robber. According to the complaint, on October 20, officers spotted a man matching the FBI bulletin descriptions who appeared to be casing the area around a Coral Gables bank. Officers approached the man and identified him as Honaker.
At the time of his arrest, Honaker had a ball-point hammer tucked in his waistband and carried what appeared to be bank robbery demand notes and instructions on “how-to” commit bank robberies, says the affidavit. The affidavit also describes items that officers found inside Honaker’s backpack, including draft and final versions of two bank robbery notes.
Honaker had his initial appearance today before U.S. Magistrate Judge Alicia M. Otazo-Reyes. His pretrial detention hearing is set for Friday, October 23, at 11:00 a.m., in federal magistrate court in Miami.
FBI Miami investigated this case, with cooperation and assistance from Coral Gables Police Department and Aventura Police Department. Assistant United States Attorneys Michael Gilfarb, Lauren Astigarraga, and Christopher Hudock of the Southern District of Florida are prosecuting this case.
A criminal complaint is merely an accusation containing allegations. A defendant is presumed innocent unless and until found guilty in a court of law.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 20-mj-03861.
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U.S. Attorney and FBI Special Agent in Charge Announce Election Day Program for Southern District of FloridaRead the Press Release
Miami, Fl. – Today, United States Attorney Ariana Fajardo Orshan of the Southern District of Florida and FBI Miami Special Agent in Charge George L. Piro jointly announced their District’s 2020 Election Day Program, including the appointment of a District Election Officer for the U.S. Attorney’s Office.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” said United States Attorney Fajardo Orshan. “The Department of Justice will always act appropriately to protect the integrity of the election process.”
“As Americans get ready to vote, the FBI is asking each citizen to remain vigilant and report any suspected criminal scheme targeting voters to the FBI immediately,” said Special Agent in Charge Piro.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
Contact Information
The right to vote is the cornerstone of American democracy. We all must ensure that those who are entitled to the right to vote exercise it if they choose, and that those who seek to corrupt it are brought to justice.
In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Fajardo Orshan stated that Counselor to the U.S. Attorney and District Elections Officer Harry Wallace will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 786-439-3288.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at Miami.fbi.gov or (754) 703-2000.
To learn more about the FBI’s role investigating election crime, visit https://www.fbi.gov/news/pressrel/press-releases/fbi-warns-voters-about-election-crimes-ahead-of-the-november-2020-election
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
United States Attorney Fajardo Orshan said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
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Postal Worker Charged in Federal Court After Alleged Theft of Vote-by-Mail Ballot, Gift and Debit Cards, and Other Articles of MailRead the Press Release
Miami, Florida – A Miami Beach postal carrier has been charged with theft of mail and deprivation of the right to vote, announced U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida and Special Agent in Charge Scott Pierce of the U.S. Postal Service, Office of Inspector General, Southern Area Field Office (USPS-OIG).
According to a criminal complaint affidavit, Crystal Nicole Myrie, 31, of Tamarac, Florida, stole a vote-by-mail ballot, approximately 36 political flyers, gift cards and pre-paid debit cards, and other articles of mail instead of delivering them to the intended recipients located within her official postal route. The stolen mail was discovered in the backseat of Myrie’s personal vehicle on October 16, 2020.
Myrie had her initial appearance today in federal court before U.S. Magistrate Judge Alicia M. Otazo-Reyes.
USPS-OIG is the investigative agency handling this matter, including the continuing investigation of the deprivation of the right to vote and theft of mail charges. Assistant United States Attorneys Harry Wallace and Hayden P. O’Byrne of the Southern District of Florida and Richard C. Pilger, Director of the Election Crimes Branch, Public Integrity Section, U.S. Department of Justice, are prosecuting this case.
A criminal complaint is merely an accusation containing allegations. A defendant is presumed innocent unless and until found guilty in a court of law.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
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Two Defendants Charged Following Armed Robberies of Miami-Dade Convenience StoresRead the Press Release
Miami, Florida – Two South Florida residents have been charged with federal conspiracy, armed robbery, and firearms offenses in connection with a series of convenience store robberies in Miami-Dade, Florida.
The criminal complaint charges Floyd Ellis Wyche, 53, of Lauderhill, Florida and Willie Lee Smith, 48, of Hialeah, Florida, with conspiring to rob several convenience stores at gunpoint. According to the affidavit, on August 29, September 2, September 12, and October 13, robbers used firearms to steal approximately $8,000 in total from four convenience stores. During one of the robberies, a firearm was stolen from a store clerk.
As to the October 13 robbery, in addition to conspiracy, the complaint charges Wyche and Smith with substantive armed robbery and firearms counts. The complaint affidavit alleges the following against Wyche and Smith: On October 13, Wyche and Smith drove to a gas station in Miami, Florida. Wyche was behind the wheel. Once there, Smith exited the vehicle and entered the gas station. He pointed a firearm at the gas station clerk and demanded money. Smith then grabbed money from the cash register, left the store, and returned to the vehicle.
According to the affidavit, officers attempted to stop the vehicle, but Wyche refused to pull over, leading law enforcement on a vehicle chase into Broward County. It is alleged that during the pursuit, Smith exited the vehicle. Law enforcement ultimately stopped the vehicle and arrested Wyche. Officers located and arrested Smith. They also located the firearm stolen from a store clerk during one of the robberies.
Wyche and Smith had their initial appearances in federal court today before U.S. Magistrate Judge John J. O’Sullivan. Smith’s detention hearing is set for October 15. Wyche’s detention hearing is set for October 19. Both hearings will occur in federal magistrate court in Miami.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge Robert Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Director Alfredo Ramirez III of the Miami-Dade Police Department (MDPD), Chief of Police Jorge R. Colina of the City of Miami Police Department, and Chief of Police Sergio Velazquez of the Hialeah Police Department, made the announcement.
ATF, MDPD, City of Miami PD, and City of Hialeah PD investigated this case, with assistance from Florida Highway Patrol and Miramar Police Department. Assistant U.S. Attorney Elena Smukler is prosecuting this case.
This case is part of Project Safe Neighborhoods, a program that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. In 2017, PSN was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing to address when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
A criminal complaint is merely an accusation that contains allegations. A defendant is innocent unless and until found guilty in a court of law.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 20-mj-03812.
Man Charged in Miami Federal Court with Making Online Threats to Injure and Kill Young WomanRead the Press Release
Miami, Fl. -- South Florida federal prosecutors have charged 21-year-old Mario F. Perez, of Spring, Texas, with cyberstalking by making repeated threats on social media to kill a young woman.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.
The criminal complaint filed in the Southern District of Florida alleges that over the past six months, Perez created dozens of fake social media profiles to cyber stalk his victim, a young woman. Perez posted racist and derogatory comments in connection with the victim, including racist comments about black Americans. According to the complaint, Perez posted the location of the Florida home of the victim’s parents. He threatened to go to the home and hurt them.
When the victim moved from South Florida to Los Angeles in July 2020, the harassment and threats continued. The complaint alleges that Perez found the young woman’s home address and shared it on-line under a fake social media account and threatened to hurt or kill her.
Perez was arrested in Texas. He made his initial appearance in the Southern District of Texas before U.S. Magistrate Judge Frances Stacey, who sits in Houston. Hearings will occur in the Southern District of Texas and the Southern District of Florida. If convicted, Perez faces up to five years in federal prison.
FBI Miami and FBI Houston investigated this case. Assistant U.S. Attorney Hillary Irvin is prosecuting it.
A criminal complaint is merely an accusation that contains allegations. A defendant is innocent unless and until found guilty in a court of law.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov. A copy of the complaint is attached.
Pembroke Pines Resident Charged for Fraud Related to Hurricane IrmaRead the Press Release
Miami, Fl. – A 45-year-old Pembroke Pines woman has been charged with disaster relief fraud and other federal crimes in connection with her application and receipt of federal relief funds following Hurricane Irma.
According to allegations contained in the complaint, in September of 2017, after Hurricane Irma, Desmicia Mathis filed a fraudulent property damage claim with the Federal Emergency Management Agency (“FEMA”), and received disaster and rental assistance money to which she was not entitled. Mathis used the fraudulently obtained FEMA funds and moved into a rental apartment. She utilized a stolen identity to obtain a new residence and establish utility accounts, according to the complaint.
Mathis made her initial appearance today in Fort Lauderdale before U.S. Magistrate Alicia O. Valle.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, James DePalma, Special Agent in Charge, Department of Homeland Security – Office of Inspector General (DHS-OIG), Miami Field Office, and Rodregas Owens, Special Agent in Charge, Social Security Administration - Office of the Inspector General (SSA-OIG), Atlanta Field Division, made the announcement.
DHS–OIG and SSA-OIG investigated the case. Assistant U.S. Attorney Marc S. Anton is prosecuting the case.
A complaint is merely an accusation that contains allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case no. 20-mj-6441.
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South Florida Federal Prosecutors Charge Eleven Individuals in Telemedicine Fraud Scheme, Part of Nationwide Federal Law Enforcement EffortRead the Press Release
Miami, Fl. -- Ten Florida residents and one Boston resident have been charged in the Southern District of Florida for their roles in a massive nationwide prescription medication telemedicine scheme. The announcements are part of a federal law enforcement effort to crack down on health care fraud nationwide.
Telemedicine is the use of telecommunications technology to provide health care services remotely. The eleven defendants charged in this telemedicine scheme are:
- Mark L. Vollaro, 38, of Boynton Beach, Florida,
- Anthony J. Loveland, 43, of Boynton Beach, Florida,
- Luis Garcia, 30, of Boca Raton, Florida,
- Robert C. Clark, 54, of Boca Raton, Florida,
- Jason T. Faley, 39, of Deerfield Beach, Florida,
- Joseph A. Cavallo, 42, of Cooper City, Florida,
- James D. Engimann, 37, of Lake Worth, Florida,
- Benjamin C. Heath, 37, of Boca Raton, Florida,
- Antonio J. Gousgounis, 34, of Boca Raton, Florida,
- Christopher Margait, 43, of West Palm Beach, Florida, and
- Margaret Chiasson, 32, of Boston, Massachusetts (formerly of Pompano Beach).
The information charges defendants with unjustly enriching themselves by recruiting patients who were insured by various health benefit insurance plans, including Tricare, and causing the submission of fraudulent and invalid prescriptions for compounded medications that were not medically needed by the recruited individuals. According to the information, the defendants’ activities caused the various health benefit insurance plans to reimburse compounding pharmacies for the fraudulent compounded medication prescriptions, which were much more expensive than mass-produced prescription medications. Telemedicine consultations were used in the scheme.
Several of the defendants are also charged with money laundering crimes, in connection with their activities concerning the proceeds from the scheme.
All defendants had their initial appearances today in federal court. The 10 defendants who live in Florida appeared before United States Magistrate Judge Patrick Hunt, who sits in Fort Lauderdale. The defendant who lives in Boston appeared before Magistrate Judge Marianne B. Bowler in the District of Massachusetts.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and Cynthia A. Bruce, Special Agent in Charge, Department of Defense, Office of the Inspector General, Southeast Field Office, made the announcement.
Assistant U.S. Attorney Cynthia R. Wood is prosecuting this case. Assistant U.S. Attorney William Zloch is handling asset forfeiture.
This announcement is part of a nationwide federal law enforcement effort to combat telemedicine and prescription fraud. As part of this effort, the Department of Justice announced last week the largest amount of alleged fraud loss ever charged - $4.5 billion in allegedly false and fraudulent claims submitted by more than 86 criminal defendants in 19 judicial districts around the country – related to nationwide schemes involving telemedicine. See DOJ press release.
The charges and allegations contained in an information are merely accusations, and a defendant is presumed innocent unless and 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 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 www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov. under case no. 20-cr-60104.
Florida Recording Artist and Pennsylvania Man Charged in $24 Million Covid-Relief Fraud SchemeRead the Press Release
Florida Recording Artist Accused of Buying Ferrari with Relief Money
Miami, Fl. -- A Florida recording artist and a Pennsylvania towing company owner have been charged for their alleged participation in a scheme to file fraudulent loan applications seeking more than $24 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Diamond Blue Smith, 36, of Miramar, Florida, and Tonye C. Johnson, 28, of Flourtown, Pennsylvania, were charged in federal criminal complaints filed in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. Smith was arrested and appeared yesterday before U.S. Magistrate Judge Regina D. Cannon of the Northern District of Georgia. Johnson was arrested on Oct. 1, 2020, and appeared on Oct. 2, 2020, before U.S. Magistrate Judge Henry S. Perkin of the Eastern District of Pennsylvania. The complaints were unsealed today.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Acting Special Agent in Charge Tyler R. Hatcher of the IRS-Criminal Investigation (CI) Miami Field Office, Special Agent in Charge George L. Piro of FBI’s Miami Field Office, and Special Agent in Charge Kevin A. Kupperbusch of the U.S. SBA-Office of Inspector General (OIG), Investigations Division, Eastern Regional Office, made the announcement.
The criminal complaint against Smith alleges the following: Smith, a recording artist, obtained a PPP loan of $426,717 for his company, Throwbackjersey.com LLC, using falsified documents. Upon completion of that loan, Smith then sought and obtained another PPP loan of $708,065 for his other company, Blue Star Records LLC, using falsified documents. Smith purchased a Ferrari for $96,000 and made other luxury purchases using PPP loan proceeds. Authorities seized the Ferrari at the time of Smith’s arrest. He also withdrew $271,805 in loan proceeds. The complaint further alleges that Smith sought PPP loans on behalf of others in order to receive kickbacks for those confederates.
The criminal complaint against Johnson alleges the following: Johnson obtained a PPP loan of $389,627 for his own company, Synergy Towing & Transport LLC using falsified documents. Johnson paid a portion of the loan proceeds to co-conspirators in the scheme.
According to the complaints, Smith and Johnson conspired with others to obtain millions of dollars in fraudulent PPP loans. It is alleged that early in their scheme, Smith and Johnson’s co-conspirator, Phillip J. Augustin, obtained a fraudulent PPP loan for his talent management company using falsified documents. After submitting that application, Augustin then began to work with other co-conspirators on a scheme to submit numerous fraudulent PPP loan applications for confederate loan applicants, in order to receive kickbacks for obtaining the forgivable loans for them, say the court documents. The complaints allege that the scheme involved the preparation of at least 90 fraudulent applications, most of which were submitted. According to the complaints, Augustin, Smith, Johnson, and other conspirators in the scheme applied for PPP loans that are together worth more than $24 million. Many of those loan applications were approved and funded by financial institutions, paying out at least $17.4 million.
The following 11 defendants are accused in other unsealed complaints of being involved in this fraud scheme:
- Joshua J. Bellamy, 31, of St. Petersburg, Florida, was charged in a federal criminal complaint filed on Sept. 9, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Tiara Walker, 37, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on Sept. 3, 2020, in the Southern District of Florida, with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Damion O. Mckenzie, 38, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Andre M. Clark, 46, of Miramar, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Keyaira Bostic, 31, of Pembroke Pines, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Phillip J. Augustin, 51, of Coral Springs, Florida, was charged in a federal criminal complaint filed on July 28, 2020, in the Northern District of Ohio with wire fraud, bank fraud, conspiracy to commit wire fraud and bank fraud, and obstruction;
- Wyleia Nashon Williams, 44, of Ft. Lauderdale, Florida, was charged in a federal criminal complaint filed on July 28, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- James R. Stote, 54, of Hollywood, Florida, was charged in a federal criminal complaint filed on June 24, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Ross Charno, 46, of Ft. Lauderdale, Florida, was charged in a federal criminal complaint filed on June 24, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Deon D. Levy, 50, of Bedford, Ohio, was charged in a federal complaint filed on June 8, 2020, in the Northern District of Ohio with wire fraud and conspiracy to commit wire fraud; and
- Abdul-Azeem Levy, 22, of Cleveland, Ohio was charged in a federal complaint filed on June 8, 2020, in the Northern District of Ohio with wire fraud and conspiracy to commit wire fraud.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Smith and Johnson cases were investigated by the IRS-CI Miami and Cincinnati Field Offices, the FBI’s Miami and Cleveland Field Offices, and the SBA-OIG. Assistant U.S. Attorneys Aimee Jimenez and David Snider for the Southern District of Florida and Trial Attorney Philip Trout of the Criminal Division’s Fraud Section are prosecuting the cases. The Justice Department also acknowledges and thanks the U.S. Attorney’s Office for the Northern District of Ohio, the IRS-CI Philadelphia Field Office, the FBI’s Philadelphia Field Office, and the Federal Deposit Insurance Corporation Office of Inspector General for their assistance investigating this matter.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Florida Recording Artist and Pennsylvania Man Charged for Role in $24 Million COVID-Relief Fraud SchemeRead the Press Release
A Florida recording artist and a Pennsylvania towing company owner have been charged for their alleged participation in a scheme to file fraudulent loan applications seeking more than $24 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Acting Special Agent in Charge Tyler R. Hatcher of the IRS-Criminal Investigation (CI) Miami Field Office, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, and Special Agent in Charge Kevin A. Kupperbusch of the U.S. SBA-Office of Inspector General (OIG), Investigations Division, Eastern Regional Office, made the announcement.
Diamond Blue Smith, 36, of Miramar, Florida, and Tonye C. Johnson, 28, of Flourtown, Pennsylvania, were charged in federal criminal complaints filed in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. Smith was arrested and appeared yesterday before U.S. Magistrate Judge Regina D. Cannon of the Northern District of Georgia. Johnson was arrested on Oct. 1, 2020, and appeared on Oct. 2, 2020, before U.S. Magistrate Judge Henry S. Perkin of the Eastern District of Pennsylvania.
The complaints, which were unsealed today, allege that Smith and Johnson conspired with others to obtain millions of dollars in fraudulent PPP loans.
Smith, a recording artist, is alleged to have obtained a PPP loan of $426,717 for his company, Throwbackjersey.com LLC, using falsified documents. Upon completion of that loan, Smith then sought and obtained another PPP loan of $708,065 for his other company, Blue Star Records LLC, using falsified documents. Smith allegedly purchased a Ferrari for $96,000 and made other luxury purchases using PPP loan proceeds. Authorities seized the Ferrari at the time of Smith’s arrest. He is also alleged to have withdrawn $271,805 in loan proceeds. The complaint further alleges that Smith sought PPP loans on behalf of others in order to receive kickbacks for those confederates.
Johnson is alleged to have obtained a PPP loan of $389,627 for his own company, Synergy Towing & Transport LLC, using falsified documents. The complaint alleges that Johnson then paid a portion of the loan proceeds to co-conspirators in the scheme.
The complaints allege that Smith and Johnson conspired with others to obtain millions of dollars in fraudulent PPP loans. Early in their scheme, Smith and Johnson’s co-conspirator, Phillip J. Augustin, allegedly obtained a fraudulent PPP loan for his talent management company using falsified documents. After submitting that application, Augustin then began to work with other co-conspirators on a scheme to submit numerous fraudulent PPP loan applications for confederate loan applicants, in order to receive kickbacks for obtaining the forgivable loans for them. The complaints allege that the scheme involved the preparation of at least 90 fraudulent applications, most of which were submitted. Augustin, Smith, Johnson, and other conspirators in the scheme are alleged to have applied for PPP loans that are together worth more than $24 million. Many of those loan applications were approved and funded by financial institutions, paying out at least $17.4 million.
The other 11 defendants allegedly involved in this scheme whose complaints were previously unsealed are the following:
- Joshua J. Bellamy, 31, of St. Petersburg, Florida, was charged in a federal criminal complaint filed on Sept. 9, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Tiara Walker, 37, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on Sept. 3, 2020, in the Southern District of Florida, with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Damion O. Mckenzie, 38, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Andre M. Clark, 46, of Miramar, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Keyaira Bostic, 31, of Pembroke Pines, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Phillip J. Augustin, 51, of Coral Springs, Florida, was charged in a federal criminal complaint filed on July 28, 2020, in the Northern District of Ohio with wire fraud, bank fraud, conspiracy to commit wire fraud and bank fraud, and obstruction;
- Wyleia Nashon Williams, 44, of Ft. Lauderdale, Florida, was charged in a federal criminal complaint filed on July 28, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- James R. Stote, 54, of Hollywood, Florida, was charged in a federal criminal complaint filed on June 24, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Ross Charno, 46, of Ft. Lauderdale, Florida, was charged in a federal criminal complaint filed on June 24, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Deon D. Levy, 50, of Bedford, Ohio, was charged in a federal complaint filed on June 8, 2020, in the Northern District of Ohio with wire fraud and conspiracy to commit wire fraud; and
- Abdul-Azeem Levy, 22, of Cleveland, Ohio was charged in a federal complaint filed on June 8, 2020, in the Northern District of Ohio with wire fraud and conspiracy to commit wire fraud.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Smith and Johnson cases were investigated by the IRS-CI Miami and Cincinnati Field Offices, the FBI’s Miami and Cleveland Field Offices, and the SBA-OIG. Trial Attorney Philip Trout of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Aimee Jimenez and David Snider for the Southern District of Florida are prosecuting the cases. The Justice Department also acknowledges and thanks the U.S. Attorney’s Office for the Northern District of Ohio, the IRS-CI Philadelphia and Atlanta Field Offices, the FBI’s Philadelphia Field Office, and the Federal Deposit Insurance Corporation Office of Inspector General for their assistance investigating this matter.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
- Joshua J. Bellamy, 31, of St. Petersburg, Florida, was charged in a federal criminal complaint filed on Sept. 9, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
Two Isis Members Charged with Material Support ViolationsRead the Press Release
Miami, Fl. -- Two United States citizens who were detained by the Syrian Democratic Forces (SDF) and recently transferred to the custody of the FBI have been charged with material support violations relating to their support for the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Emraan Ali, 53, a U.S. citizen born in Trinidad & Tobago, was charged in a complaint with providing and attempting to provide material support to ISIS, in violation of Title 18, United States Code, Section 2339B. Emraan Ali had his initial appearance today in federal court and his pre-trial detention hearing is scheduled on Friday, October 2, 2020 at 1:30 P.M. before U.S. Magistrate Judge Edwin G. Torres.
Jihad Ali, 19, a U.S. citizen born in New York, was charged in a complaint with conspiracy to provide material support to ISIS, in violation of Title 18, United States Code, Section 371. Jihad Ali had his initial appearance today in federal court and his pre-trial detention hearing is scheduled on Monday, October 5, 2020 at 1:30 P.M. before U.S. Magistrate Judge Chris M. McAliley.
According to the criminal complaints, in March 2015, Emraan Ali traveled to Syria with his family, including his son, Jihad Ali, to join ISIS. Both Emraan Ali and Jihad Ali received military and religious training and served as fighters in support of the terrorist organization. In addition to serving as a fighter, Emraan Ali served in various other roles in support of ISIS. Emraan and Jihad Ali finally surrendered to the SDF near Baghuz in March 2019, during the last sustained ISIS battles to maintain territory in Syria.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, John C. Demers, Assistant Attorney General for National Security, George Piro, Special Agent in Charge, FBI, Miami Field Office, and the members of the South Florida Joint Terrorism Task Force (JTTF), made the announcement.
Ms. Fajardo Orshan and Assistant Attorney General Demers commended the investigative efforts of the FBI and the JTTF. The case is being prosecuted by Assistant U.S. Attorneys Rick Del Toro and Jonathan Kobrinski, with assistance from Trial Attorney Elisa Poteat of the National Security Division’s Counterterrorism Section.
A criminal complaint is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two ISIS Members Charged with Material Support ViolationsRead the Press Release
Two United States citizens who were detained by the Syrian Democratic Forces (SDF) and recently transferred to the custody of the FBI have been charged with material support violations relating to their support for the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
John C. Demers, Assistant Attorney General for National Security, Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George Piro, Special Agent in Charge, FBI, Miami Field Office, and the members of the South Florida Joint Terrorism Task Force (JTTF), made the announcement.
Emraan Ali, 53, a U.S. citizen born in Trinidad & Tobago, was charged in a complaint with providing and attempting to provide material support to ISIS. Jihad Ali, 19, a U.S. citizen born in New York, was charged in a complaint with conspiracy to provide material support to ISIS. Both defendants had their initial appearances today in federal court in the Southern District of Florida before U.S. Magistrate Judge Edwin G. Torres.
According to the criminal complaints, in March 2015, Emraan Ali traveled to Syria with his family, including his son, Jihad Ali, to join ISIS. Both Emraan Ali and Jihad Ali received military and religious training and served as fighters in support of the terrorist organization. In addition to serving as a fighter, Emraan Ali served in various other roles in support of ISIS. Emraan and Jihad Ali finally surrendered to the SDF near Baghuz in March 2019, during the last sustained ISIS battles to maintain territory in Syria.
Assistant Attorney General Demers and Ms. Fajardo Orshan commended the investigative efforts of the FBI and the JTTF. The case is being prosecuted by Assistant U.S. Attorneys Rick Del Toro and Jonathan Kobrinski, with assistance from Trial Attorney Elisa Poteat of the National Security Division’s Counterterrorism Section.
A criminal complaint is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
South Florida Lawyer Charged with Fraud Related to 1 Global Capital Investment SchemeRead the Press Release
Miami, Fl. -- A Florida attorney and former outside counsel for 1 Global Capital LLC (1 Global), has been charged today with conspiring to commit wire fraud and securities fraud in connection with an investment fraud scheme that, as alleged, impacted more than 3,600 investors in 42 different states, and involved him personally and fraudulently raising more than $100 million from investors.
Ariana Fajardo Orshan, United States Attorney, Southern District of Florida, George L. Piro, Special Agent in Charge, FBI Miami Field Office, Michael J. De Palma, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Kyle A. Myles, Special Agent in Charge, Federal Deposit Insurance Corporation (FDIC) Office of Inspector General, made the announcement.
Andrew Dale Ledbetter, 78, of Fort Lauderdale, Florida, is charged in an information with conspiracy to commit wire fraud and securities fraud. The case is assigned to U.S. District Judge Darrin P. Gayles of the Southern District of Florida.
According to the allegations in the information, 1 Global was a commercial lending business based in Hallandale Beach, Florida, that made the equivalent of “pay day” loans with high interest rates to small businesses, termed merchant cash advance loans (MCAs). To fund these loans, 1 Global obtained funds from investors nationwide, offering short-term investment contracts that promised to “place” the investors’ money onto MCAs. The investors would supposedly receive a proportionate share of the principal and interest payments as the loans were repaid. 1 Global raised money using investment advisors and other intermediaries, with promises to these advisors of significant commissions. In many cases, according to court documents, the commissions were not fully disclosed to investors. Ledbetter was an attorney licensed in the State of Florida who worked at Law Firm #1 and acted in a fundraising capacity at 1 Global beginning in or around 2015.
Substantial questions arose during the operation of the business as to whether 1 Global was offering or selling a security and whether the investment offering was required to be registered with the U.S. Securities and Exchange Commission. These questions were raised by investors, investment advisors, and regulators. Ledbetter and Jan Douglas Atlas, a partner at Law Firm #1 who also acted as outside counsel for 1 Global, knew that if 1 Global’s investment offering were determined to be a security, it would undermine the ability of 1 Global to raise funds from retail investors and to continue to operate without substantial additional expenses and reporting requirements. Such a classification would undermine the profits and fees that Ledbetter and other principals at 1 Global would be able to obtain from 1 Global’s operations.
The information alleges that at the request of 1 Global’s principals, Atlas authored two opinion letters in 2016 containing false information that Atlas knew would be used by 1 Global to operate the business unlawfully. The opinion letters falsely described the duration of the investment, among other things, omitting the automatic renewal aspect and that the investment was being targeted toward retail, non-sophisticated investors (such as IRA account holders). According to the information, Ledbetter used and relied on Atlas’s opinion letters to continue to raise money illegally, knowing that the opinion letters falsely described the investment opportunity and were thus misleading. Ledbetter cited and used the false letters in numerous pitches and communications to investment advisors and investors.
According to the information, Ledbetter was personally involved in raising more than $100 million in investor funds that went to 1 Global, through his own pitches as well as through investment advisors he attracted to 1 Global. Over the years, Ledbetter received approximately $3 million from 1 Global, the majority of which was for commissions. Ledbetter routinely held himself out to investors and investment advisers as outside counsel to 1 Global, and also personally vouched for 1 Global in pitches and marketing materials. However, Ledbetter did not disclose the commissions that he received from 1 Global to investors, according to the information. Ledbetter also made misrepresentations to investors regarding the involvement of an outside auditing firm.
A number of individuals have entered guilty pleas in connection with the 1 Global fraud scheme. Alan G. Heide, the former 1 Global chief financial officer, was charged via information and sentenced to 60 months, in Case No. 19-60231-CR-RKA. Atlas, former outside counsel for 1 Global, was charged via information, pleaded guilty, and is awaiting sentencing in Case No. 19-60258-RKA, currently scheduled for Nov. 17, 2020. Steven Schwartz, a former director of 1 Global, was charged via information, pleaded guilty, and is awaiting sentencing in Case No. 20-60003-RKA, currently scheduled for Nov. 13, 2020. Information about the related cases can be found here: https://www.justice.gov/criminal-vns/case/1Global-Capital.
In connection with a parallel civil enforcement action, the SEC today announced the filing of civil fraud charges against Ledbetter. In related cases, the SEC previously has filed civil fraud actions, SEC v. 1 Global Capital LLC and Carl C. Ruderman, Case No. 18-61991-CV-BB (Sothern District of Florida) SEC v. Alan G. Heide, Case No. 19-62047-CV-FAM (Southern District of Florida), and SEC v. Jan Atlas, Case No. 19-62303-WPD (Southern District of Florida). The bankruptcy case, In re: 1 Global Capital LLC, et al., No. 18-19121-RBR (Southern District of Florida), remains pending.
A criminal information is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law
This case was investigated by the FBI’s Miami Field Office, IRS-CI, and FDIC-OIG. Special Assistant U.S. Attorney Elizabeth Young, of the Southern District of Florida, and Deputy Chief Jerrob Duffy, Principal Assistant Deputy Chief Lisa H. Miller, and Assistant Chief L. Rush Atkinson, of the Criminal Division’s Fraud Section, are prosecuting this case. Assistant U.S. Attorney Nicole Grosnoff is handling asset forfeiture. The SEC’s Miami Regional Office is also thanked for their contributions.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case no.: 20-cr-60103.
South Florida Lawyer Charged with Fraud Related to 1 Global Capital Investment SchemeRead the Press Release
A Florida attorney and former outside counsel for 1 Global Capital LLC (1 Global), has been charged today with conspiring to commit wire fraud and securities fraud in connection with an investment fraud scheme that as alleged impacted more than 3,600 investors in 42 different states, and involved him personally and fraudulently raising more than $100 million from investors.
Andrew Dale Ledbetter, 78, of Fort Lauderdale, Florida, is charged in an information with conspiracy to commit wire fraud and securities fraud. The case is assigned to U.S. District Judge Darrin P. Gayles of the Southern District of Florida.
According to the allegations in the information, 1 Global was a commercial lending business based in Hallandale Beach, Florida, that made the equivalent of “pay day” loans with high interest rates to small businesses, termed merchant cash advance loans (MCAs). To fund these loans, 1 Global obtained funds from investors nationwide, offering short-term investment contracts that promised to “place” the investors’ money onto MCAs. The investors would supposedly receive a proportionate share of the principal and interest payments as the loans were repaid. 1 Global raised money using investment advisors and other intermediaries, with promises to these advisors of significant commissions. In many cases, according to court documents, the commissions were not fully disclosed to investors. Ledbetter was an attorney licensed in the State of Florida who worked at Law Firm #1 and acted in a fundraising capacity at 1 Global beginning in or around 2015.
Substantial questions arose during the operation of the business as to whether 1 Global was offering or selling a security and whether the investment offering was required to be registered with the U.S. Securities and Exchange Commission. These questions were raised by investors, investment advisors, and regulators. Ledbetter and Jan Douglas Atlas, a partner at Law Firm #1 who also acted as outside counsel for 1 Global, knew that if 1 Global’s investment offering were determined to be a security, it would undermine the ability of 1 Global to raise funds from retail investors and to continue to operate without substantial additional expenses and reporting requirements. Such a classification would undermine the profits and fees that Ledbetter and other principals at 1 Global would be able to obtain from 1 Global’s operations.
The information alleges that at the request of 1 Global’s principals, Atlas authored two opinion letters in 2016 containing false information that Atlas knew would be used by 1 Global to operate the business unlawfully. The opinion letters falsely described the duration of the investment, among other things, omitting the automatic renewal aspect and that the investment was being targeted toward retail, non-sophisticated investors (such as IRA account holders). According to the information, Ledbetter used and relied on Atlas’s opinion letters to continue to raise money illegally, knowing that the opinion letters falsely described the investment opportunity and were thus misleading. Ledbetter cited and used the false letters in numerous pitches and communications to investment advisors and investors.
According to the information, Ledbetter was personally involved in raising more than $100 million in investor funds that went to 1 Global, through his own pitches as well as through investment advisors he attracted to 1 Global. Over the years, Ledbetter received approximately $3 million from 1 Global, the majority of which was for commissions. Ledbetter routinely held himself out to investors and investment advisers as outside counsel to 1 Global, and also personally vouched for 1 Global in pitches and marketing materials. However, Ledbetter did not disclose the commissions that he received from 1 Global to investors, according to the information. Ledbetter also made misrepresentations to investors regarding the involvement of an outside auditing firm.
A number of individuals have entered guilty pleas in connection with the 1 Global fraud scheme. Alan G. Heide, the former 1 Global chief financial officer, was charged via information and sentenced to 60 months, in Case No. 19-60231-CR-RKA. Atlas, former outside counsel for 1 Global, was charged via information, pleaded guilty, and is awaiting sentencing in Case No. 19-60258-RKA, currently scheduled for Nov. 17, 2020. Steven Schwartz, a former director of 1 Global, was charged via information, pleaded guilty, and is awaiting sentencing in Case No. 20-60003-RKA, currently scheduled for Nov. 13, 2020. Information about the related cases can be found here: https://www.justice.gov/criminal-vns/case/1Global-Capital.
In connection with a parallel civil enforcement action, the SEC today announced the filing of civil fraud charges against Ledbetter. In related cases, the SEC previously has filed civil fraud actions, SEC v. 1 Global Capital LLC and Carl C. Ruderman, Case No. 18-61991-CV-BB (Sothern District of Florida) SEC v. Alan G. Heide, Case No. 19-62047-CV-FAM (Southern District of Florida), and SEC v. Jan Atlas, Case No. 19-62303-WPD (Southern District of Florida). The bankruptcy case, In re: 1 Global Capital LLC, et al., No. 18-19121-RBR (Southern District of Florida), remains pending.
A criminal information is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FBI’s Miami Field Office, IRS-CI, and FDIC-OIG. Deputy Chief Jerrob Duffy, Principal Assistant Deputy Chief Lisa H. Miller, and Assistant Chief L. Rush Atkinson of the Criminal Division’s Fraud Section, and Special Assistant U.S. Attorney Elizabeth Young are prosecuting the case. Assistant U.S. Attorney Nicole Grosnoff is handling asset forfeiture related to the matter. The SEC’s Miami Regional Office is also thanked for their contributions.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Rewards Offered for Capture of Three Former Venezuelan Officials Charged in Miami Federal Court with Drug Trafficking and Other CrimesRead the Press Release
Miami, Fl. – Rewards are being offered for information leading to the arrest or conviction of three former Venezuelan officials who for years have failed to personally appear in the Southern District of Florida to face publicly-filed federal drug trafficking charges.
U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, and Acting Special Agent in Charge Keith Weis of the U.S. Drug Enforcement Administration (DEA) Miami Field Office, made the announcement.
Pedro Luis Martin-Olivares, 53, the former Chief of Economic Intelligence of the Venezuelan Intelligence Service (Servicio Bolivariano de Inteligencia Nacional (SEBIN)), was indicted in April 2015 by a federal grand jury sitting in Miami. Martin-Olivares is charged with distributing more than five kilograms of cocaine knowing that it would be unlawfully imported into the United States, possessing with the intent to distribute more than five kilograms of cocaine on board an aircraft registered in the United States, and conspiring with others to import more than five kilograms of cocaine. (Case No. 15-cr-20299).
Rodolfo McTurk-Mora, 58, the former head of Interpol in Venezuela, was indicted in April 2013, by a Miami federal grand jury. McTurk-Mora is charged with conspiring to import more than five kilograms of cocaine into the United States and with conspiring with others to corrupt and impede the South Florida federal prosecution of (now-convicted) narcotics trafficker Jaime Alberto Marin Zamora by delaying and preventing Marin Zamora’s extradition from Venezuela to the United States. According to allegations in court records, through his official position as the head of Interpol, McTurk-Mora solicited bribes from traffickers arrested in Venezuela to prevent their extradition to the United States. (Case No. 13-cr-20930).
Jesus Alfredo Itriago, 62, the former Chief of Counter-narcotics of a main criminal investigative agency in Venezuela (Cuerpo de Investigaciones Científicas, Penales y Criminálisticas (CICPC)), was indicted on January 31, 2013, by a federal grand jury sitting in Miami on a charge of conspiring with others to import more than five kilograms of cocaine into the United States. (Case No. 13-cr-20050).
The U.S. Department of State, through its Narcotics Rewards Program, is offering rewards for information leading to the arrest and/or conviction of each defendant as follows: up to $10 million for Martin-Olivares, up to $5 million for McTurk-Mora, and up to $5 million for Itriago.
“Corrupt Venezuelan officials who lined their pockets by protecting drug traffickers from detection and arrest enabled the entry of enormous amounts of dangerous drugs into the U.S., threatening the well-being of our nation,” said U.S. Attorney Fajardo Orshan. “Whether they are former or current Venezuelan officials, whether they committed their crimes years ago or yesterday, whether we catch them tomorrow, months, or years from now, I promise one thing: The Department of Justice and its law enforcement partners will not rest until these criminals are brought to justice in the U.S.”
“The walls are closing in for Martin-Olivares, McTurk-Mora, and Itriago, all of whom face significant drug trafficking charges in the Southern District of Florida.” said DEA Miami Field Division Acting Special Agent in Charge Keith Weis. “The rewards for information leading to their whereabouts and capture will add another significant level of pressure used by our investigators and prosecutors tasked with bringing them to justice.”
DEA Miami investigated these cases. The International Narcotics and Money Laundering Unit of the U.S. Attorney’s Office for the Southern District of Florida is prosecuting them.
These were Organized Crime Drug Enforcement Task Force (OCDETF) investigations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States using a prosecutor-led, intelligence driven, multi-agency approach to combat transnational organized crime. The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
In March of this year, the Department of Justice announced drug trafficking, corruption, narco-terrorism, and other criminal charges against Nicolas Maduro Moros and 14 Current and Former Venezuelan Officials, including charges filed by prosecutors in the Southern District of Florida. See press release: https://www.justice.gov/usao-sdfl/pr/nicol-s-maduro-moros-and-14-current-and-former-venezuelan-officials-charged-narco
Anyone with information that may lead to the arrest and/or conviction of these fugitives can email the DEA at [email protected], or message the DEA at 1-202-681-8187 using text messages, WhatsApp, or Signal. Government officials and employees are not eligible for rewards.
An indictment is an accusation. A defendant is presumed innocent unless and until found guilty.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Recompensas Ofrecidas por la Captura de Tres Ex-Funcionarios Venezolanos Acusados en el Tribunal Federal de Miami por Narcotráfico y otros CrímenesRead the Press Release
Miami, Fl. – Recompensas están siendo ofrecidas por información que lleve al arresto o convicción de tres ex-funcionarios Venezolanos quienes durante años no han cumplido con asistir en persona a sus comparecencias iniciales en el Distrito Sur de Florida para enfrentar los cargos federales de narcotráfico presentados públicamente.
La Fiscal Federal Ariana Fajardo Orshan del Distrito Sur de Florida, y el Agente Especial a Cargo Interino Keith Weis de la Sucursal de Miami de la Administración para el Control de Drogas (DEA, por sus siglas en Inglés), hicieron el anuncio.
Pedro Luis Martin-Olivares, 53, el ex-Jefe de la Inteligencia Económica del Servicio de Inteligencia de Venezuela (Servicio Bolivariano de Inteligencia Nacional (SEBIN)), fue enjuiciado en Abril de 2015 por un gran jurado federal en Miami. Martin-Olivares fue acusado de distribuir más de cinco kilogramos de cocaína sabiendo que iban a ser importados ilegalmente a los Estados Unidos, poseer con la intención de distribuir más de cinco kilogramos de cocaína a bordo de un avión registrado en los Estados Unidos, y conspirar con otros para importar más de cinco kilogramos de cocaína. (Número de caso 15-cr-20299).
Rodolfo McTurk-Mora, 58, el ex-Jefe de la Interpol en Venezuela, fue enjuiciado en Abril de 2013, por un gran jurado federal en Miami. McTurk-Mora es acusado de conspirar para importar más de cinco kilogramos de cocaína en los Estados Unidos y de conspirar con otros para corromper e impedir el enjuiciamiento federal en el Sur de Florida del (ahora convicto) narcotraficante Jaime Alberto Marín Zamora retrasando e impidiendo la extradición de Marín Zamora de Venezuela a los Estados Unidos. Conforme con las alegaciones en los registros de la corte, haciendo uso de su posición como jefe de la Interpol, McTurk-Mora solicitó sobornos de traficantes arrestados en Venezuela para impedir su extradición a los Estados Unidos. (Número de caso 13-cr-20930).
Jesús Alfredo Itriago, 62, el ex-Jefe de Antinarcóticos de la agencia principal de investigación criminal en Venezuela (Cuerpo de Investigaciones Científicas, Penales y Criminálisticas (CICPC)), fue enjuiciado el 31 de Enero de 2013, por un gran jurado federal en Miami por cargos de conspirar con otros para importar más de cinco kilogramos de cocaína a los Estados Unidos. (Número de caso 13-cr-20050).
El Departamento de Estado de los Estados Unidos, a través del Programa de Recompensas de Narcóticos, está ofreciendo recompensas por información que lleve al arresto y/o la convicción de cada uno de los acusados del siguiente modo: hasta $10 millones por Martin-Olivares, hasta $5 millones por McTurk-Mora, y hasta $5 millones por Itriago.
“Codiciosos y corruptos funcionarios venezolanos quienes han aceptado sobornos por proteger narcotraficantes de ser descubiertos y arrestados, han permitido la entrada de enormes cantidades de peligrosas drogas a los Estados Unidos, amenazando el bienestar de nuestra nación,” dijo la Fiscal Federal Fajardo Orshan. “Ya sean ex-funcionarios o funcionarios Venezolanos actuales, ya sea que hayan cometido los crímenes años atrás o el día de ayer, ya sea que los arrestemos mañana, en meses, o en años, yo les prometo una cosa: El Departamento de Justicia y sus agencias asociadas no descansarán hasta que la justicia Americana recaiga en estos criminales.”
“Las paredes se están cerrando para Marin-Olivares, McTurk-Mora, y Itriago, quienes enfrentan cargos de narcotráfico significativos en el Distrito Federal del Sur,” dijo el Agente Especial a Cargo Interino Keith Weis de la Sucursal de Miami de la Administración para el Control de Drogas. “Las recompensas por información que lleve a su paradero y captura agregará otro nivel de presión significativo usado por nuestros investigadores y abogados fiscales encargados de que la justicia recaiga en ellos.”
DEA Miami investigó el caso. La Unidad Internacional de Narcóticos y Lavado de Dinero de la Oficina del Fiscal Federal del Distrito Sur de Florida está enjuiciandolo.
En Marzo de este año, el Departamento de Justicia anunció narcotráfico, corrupción, narcoterrorismo, y otros cargos criminals en contra de Nicolás Maduro Moros y de 14 Ex-funcionarios y funcionarios actuales Venezolanos, incluyendo cargos presentados por abogados fiscales en el Distrito Sur de Florida. Véase el comunicado de prensa: https://www.justice.gov/usao-sdfl/pr/nicol-s-maduro-moros-and-14-current-and-former-venezuelan-officials-charged-narco
Cualquier persona que tenga información que lleve al arresto y/o convicción de estos fugivitivos pueden enviar un correo electrónico a [email protected], o enviar un mensaje a la DEA a 1-202-681-8187 via mensaje de texto, WhatsApp, o Signal. Funcionarios y empleados del gobierno no son elegibles para recibir recompensas.
Una denuncia criminal contiene alegaciones. Todo acusado es considerado inocente hasta que se demuestre su culpabilidad.
Usted puede encontrar información y documentos legales relacionados a este comunicado de prensa en la página web del Tribunal Federal del Distrito Sur de Florida, www.flsd.uscourts.gov o en http://pacer.flsd.uscourts.gov
Two Men Charged in South Florida Federal Court with Kidnapping and Torturing Cuban MigrantsRead the Press Release
Miami, Fl. – Two men have made their initial appearances in the Southern District of Florida on charges that they participated in an alien smuggling ring that involved kidnapping and torturing Cuban nationals and extorting victims’ family members for money.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI’s Miami Field Office, and Anthony Salisbury, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations (ICE-HSI) Miami Field Office, made the announcement.
The criminal complaint affidavits filed in the Southern District of Florida against Reynaldo Marquez Crespo, 41, and Jancer Sergio Ramos Valdes, 33, allege the following: Defendants tricked their victims into believing that they were going to smuggle them from Cuba into the United States. Instead, Crespo, Valdes, and their co-conspirators transported the victims by boat to Merida, Mexico, locked them in a house, and held them captive for ransom. Crespo, Valdes, and others commanded each victim to provide contact information for a family member who could pay a $10,000 ransom. The men contacted the victims’ relatives, some of whom were located in Miami, and threatened to torture, starve, and kill the victims if the relatives refused to pay. If a victim’s relative was able to pay the ransom, Crespo, Valdes, and others released the victim and sent that person by bus to the Mexican-United States border with instructions to seek political asylum. When victims’ relatives could not pay, those migrants were beaten, threatened with knives and firearms, and shocked with stun guns, according to the complaint affidavits.
Valdes was arrested in Connecticut, where a federal magistrate judge ordered him detained pending trial. Crespo was arrested in Texas. Both defendants were brought to Miami to face their charges. Yesterday, they made their initial appearances in the Southern District of Florida before U.S. Magistrate Judge Jonathan Goodman. Crespo’s pretrial detention hearing is set for September 28, 2020, at 1:00 p.m., in federal magistrate court in Miami.
These charges are the result of ongoing efforts of the Operation Sisyphus Task Force, a multi-agency partnership established by the Organized Crime Drug Enforcement Task Forces (OCDETF) Priority Transnational Organized Crime Program. The Operation Sisyphus Task Force was formed to combat Caribbean based organized crime and includes the U.S. Attorney’s Office for the Southern District of Florida, FBI Miami and HSI Miami. In recent years, the Operation Sisyphus Task Force has targeted organizations utilizing coercion and extortion to compel migrants and their families to make payments for the release of loved ones.
Operation Sisyphus is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States using a prosecutor-led, intelligence driven, multi-agency approach to combat transnational organized crime. The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
FBI Miami and HSI Miami investigated this matter. Assistant United States Attorney Quinshawna Landon is prosecuting the case. Assistant United States Attorneys Adrienne Rosen and Annika Miranda are handling asset forfeiture.
If you believe you are a victim of migrant coercion or extortion or know someone who is, you are encouraged to call 1-800-CALLFBI (225-5324). You may also call 1-866-347-2423 or visit https://www.ice.gov/tipline. Help is available in English, Spanish, and additional languages.
A criminal complaint is an accusation and the statements it contains and referred to here are allegations. A defendant is presumed innocent unless and until found guilty.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case nos. 20-mj-3346 and 20-mj-3347.
Man who Swindled Schoolteacher out of Entire Retirement Savings Sentenced to PrisonRead the Press Release
Miami, Fl. – U.S. District Judge Raag Singhal has sentenced 61-year-old Michael Jerome Atkins, a former Florida resident, to five years in federal prison for defrauding a now 68-year-old former schoolteacher out of $425,447.14 -- all of her retirement money. The judge also ordered Atkins to pay that amount back to his victim, as restitution.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.
According to court records, Atkins and his victim met while the victim was working as a schoolteacher. Atkins convinced her to retire, drain from her retirement account all of the money she had saved during years of work, and invest that money into Atkins’ Fort Lauderdale-based company -- All Points Aviation and Associates. Atkins promised the victim that he would use the money for his business and that he would repay her within two months. The victim agreed. In 2015, she directed her retirement account management company to disburse the money, which it did in three checks. Each check was made to the joint order of the victim and All Points Aviation and Associates. Without the victim’s authorization, Atkins had the largest check endorsed with the victim’s signature. All three checks were deposited into a bank account that he controlled. Atkins used the victim’s retirement money to pay for his own personal expenses and never repaid her. The retired schoolteacher had not heard from Atkins since 2016, when he left South Florida.
In March 2019, Atkins pled guilty to fraud and identity theft charges, admitting that he devised a scheme to defraud the victim of her entire retirement savings, over $400,000.
FBI Miami investigated the case. Assistant United States Attorney Lois Foster-Steers prosecuted it.
Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. The mission of the Department’s Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s seniors. To learn more visit https://www.justice.gov/elderjustice. The public is encouraged to report victimization and suspected fraud schemes by calling the National Elder Fraud Hotline at 1-833-FRAUD 11 (1-833- 372-8311).
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case no. 18-cr-60207.
Dos Hombres Acusados en el Tribunal Federal del Distrito Sur de Florida de Secuestrar y Torturar Inmigrantes CubanosRead the Press Release
Miami, Fl. – Dos hombres hicieron su comparecencia inicial en el Distrito Sur de Florida por cargos de tráfico de inmigrantes, los cuales implican secuestro y tortura de Cubanos y extorsión de dinero a los familiares de las víctimas.
Ariana Fajardo Orshan, Fiscal Federal del Distrito Sur de Florida, George L. Piro, Agente Especial a Cargo, Oficina Federal de Investigaciones (FBI, por sus siglas en Inglés), Sucursal de Miami, y Anthony Salisbury, Agente Especial a Cargo, Agencia de Inmigración y Control de Aduanas de los Estados Unidos, Agencia de Investigaciones de Seguridad Nacional (ICE-HSI, por sus siglas en Inglés), Sucursal de Miami, hicieron el anuncio.
La declaración jurada de la denuncia criminal presentada en el Distrito Sur de Florida contra Reynaldo Marquez Crespo, 41, y Jancer Sergio Ramos Valdés, 33, alega lo siguiente: Los acusados hicieron creer a sus víctimas que iban a hacerlos entrar clandestinamente a los Estados Unidos provenientes de Cuba. En lugar de eso, Crespo, Valdés, y sus cómplices transportaron a las víctimas en bote a Mérida, México, los encerraron en una casa, y los mantuvieron cautivos para exigir rescate. Crespo, Valdés, y otros ordenaron a cada víctima a dar los datos de algún familiar que pudiera pagar un rescate de $10,000. Los hombres contactaron a los familiares de las víctimas, algunos de los cuales estaban localizados en Miami, y amenazaron con torturar, privar de comida, y matar a las víctimas si los familiares se rehusaban a pagar. Si uno de los familiares de las víctimas podía pagar el rescate, Crespo, Valdés, y los otros liberaban a la víctima y la mandaban en bus a la frontera entre México y los Estados Unidos con instrucciones para buscar asilo político. Cuando los familiares no podían pagar el rescate, los inmigrantes eran golpeados, amenazados con cuchillos y pistolas, y electrocutados con pistolas paralizantes hasta que las autoridades Mexicanas los rescataron, conforme con la declaración jurada de la denuncia criminal.
Valdés fue arrestado en Connecticut, donde un juez magistrado federal ordenó su detención en espera del juicio. Crespo fue arrestado en Texas. Los dos acusados fueron trasladados a Miami para enfrentar sus cargos. Esta semana, los acusados hicieron su comparecencia inicial en el Distrito Sur de Florida ante el Juez Magistrado Federal Jonathan Goodman. La audiencia de detención preventiva de Crespo ha sido fijada el 28 de Septiembre de 2020 a la 1:00 p.m., en el tribunal federal magistrado de Miami.
Estos cargos son el resultado del continuo esfuerzo de la Operación “Grupo Operativo Sisyphus”, una asociación de múltiples agencias establecida por el Grupo Operativo de Control del Delito de Drogas (OCDETF, por sus siglas en Inglés) Programa de Prioridad del Delito Transnacional Organizado. La Operación “Grupo Operativo Sisyphus” fue formada para combatir crímenes organizados en el Caribe, la cual incluye a la Oficina del Fiscal Federal del Distrito Sur de Florida, a la Sucursal de Miami de la Oficina Federal de Investigaciones (FBI) y a la Sucursal de Miami de la agencia de Investigaciones de Seguridad Nacional (HSI). En los últimos años, la Operación “Grupo Operativo Sisyphus” se ha enfocado en organizaciones que utilizan coerción para obligar a inmigrantes y a sus familias a pagar sumas de rescate por la liberación de sus seres queridos.
La Operación Sisyphus es parte de una investigación del Grupo Operativo de Control del Delito de Drogas (OCDETF). La misión principal del programa OCDETF es identificar, interrumpir, y desmantelar a los narcotraficantes de alto nivel, lavadores de dinero, y otras organizaciones de criminales transnacionales de prioridad que amenazan a los ciudadanos de los Estados Unidos utilizando un enfoque guiado por fiscales, conducido con inteligencia, y constituido de múltiples agencias para combatir el crímen transnacional organizado. El programa OCDETF facilita operaciones conjuntas y complejas enfocando a sus agencias asociadas en sus objetivos prioritarios, manejando y coordinando el esfuerzo de múltiples agencias, y potenciando inteligencia a través de múltiples plataformas de investigación.
FBI Miami y HSI Miami investigaron este caso. La abogada fiscal Quinshawna Landon es la abogada acusadora en el caso. Las abogadas fiscales Adrienne Rosen y Annika Miranda están encargadas del decomiso de los bienes.
Si usted cree que es una víctima de coerción o extorsión de inmigrantes o conoce a alguien que lo es, le sugerimos llamar al 1-800-CALLFBI (225-5324). Usted también puede llamar al 1-866-347-2423 o visitar https://www.ice.gov/tipline. Se ofrece ayuda en Inglés, Español, y en otros idiomas.
Una denuncia criminal contiene alegaciones. Todo acusado es considerado inocente hasta que se demuestre su culpabilidad.
Usted puede encontrar información y documentos legales relacionados a este comunicado de prensa en la página web del Tribunal Federal del Distrito Sur de Florida, www.flsd.uscourts.gov o en http://pacer.flsd.uscourts.gov, bajo los números de casos 20-mj-3346 y 20-mj-3347.
Former Broward County Employee Sentenced to Prison Term for Accepting BribesRead the Press Release
Miami, Florida – U.S. District Judge Rodolfo Ruiz, who sits in Ft. Lauderdale, sentenced 50-year-old Richard Allen Ellis, Jr., of Hollywood, Florida, to 20 months in prison for accepting bribes from a contractor. Ellis worked as a supervisor for the Physical Plant Operations Division of the Broward County School Board when he committed the crimes.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to court records, one of Ellis’ job duties at the School Board was to process work orders for repairs to the grounds of public schools in Broward County. Ellis assigned projects to contractors, ensured that they adequately performed the work, and authorized payment when the work was done. In May 2018, Ellis accepted four bribe payments totaling more than $6,000 from the representative of a contractor who had done repair work for the School Board. In exchange for the bribes, Ellis agreed to keep the repair work flowing to the contractor and to fast-track payments of the contractor’s invoices. In 2018, part of the School Board’s operating budget came from federal funds.
On July 13, 2020, Ellis pled guilty to four counts of bribery concerning programs receiving federal funds.
FBI Miami investigated the case and received substantial cooperation from the School Board of Broward County. Assistant U.S. Attorney Cynthia R. Wood prosecuted the case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 19-cr-60369.
Twin Brothers Accused of Kidnapping and Assaulting Victim Charged in Miami Federal CourtRead the Press Release
Miami, Fl. – Federal prosecutors have charged 23-year-old twin brothers Devon Cooke and Donavan Cooke, of Miami Gardens, with carjacking and kidnapping after they allegedly abducted and assaulted a man in an attempt to collect ransom money.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.
According to the criminal complaint affidavit unsealed today, the Cooke brothers’ victim drove to the twins’ home in Miami Gardens on September 15, 2020, to collect money. When the victim arrived, the Cooke brothers -- already on house arrest for murder and attempted murder charges -- are alleged to have assaulted the victim, snatched his car keys, and dragged him out of the car and into their house. According to the complaint, the brothers bound the victim to a chair, wrapping his arms and legs with duct tape. The complaint states that the brothers beat the victim, used a knife to cut his face and toes, and wrapped a dog leash around the victim’s neck, choking him to the point of unconsciousness.
The complaint also alleges that the Cooke brothers threatened to kill the victim if he did not come up with ransom money and that a witness heard the victim plead for his life. With one of the brothers alleged to have been holding a gun to the victim’s head, the victim made a phone call. He instructed the person who answered to collect cash, a Rolex, and other jewelry from the victim’s room, place it in a bag, and drive to a location the Cooke brothers selected. While that person did as the victim asked, an armed accomplice of the Cooke brothers arrived at the defendants’ home, loaded the victim into his car, and transported the victim to the exchange spot, according to the complaint. Once there, the victim fled the car and the Cooke brothers’ accomplice drove off with the ransom.
An investigation led law enforcement officers to the Cooke twins. Inside their home, FBI agents found duct tape, a dog collar, ammunition, and other items.
The Cooke brothers are in federal custody. They made their initial appearance today in Miami federal court before U.S. Magistrate Judge Becerra, who detained them for a future hearing. Each brother faces up to 15 years in federal prison on the carjacking charge, and life in prison on the kidnapping charge.
FBI Miami and its FBI Miami Violent Crime Task Force investigated the case, in collaboration with the Miami Gardens Police Department. The case is being prosecuted by Assistant U.S. Attorney Dayron Silverio and Assistant U.S. Attorney Michael Gilfarb.
A criminal complaint contains allegations. A defendant is presumed innocent unless and until found guilty.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case no. 20-mj-03653.
Georgia Woman Who Allegedly Preyed on Vulnerable South Florida Seniors to Steal More than $1 Million Charged in Federal Court West Palm BeachRead the Press Release
Miami, Fl. -- South Florida federal prosecutors have charged a 41-year-old Georgia woman with fraud and identity theft crimes for allegedly leading a scam that tricked over 250 elderly South Floridians into turning over their credit cards, debit cards, and related personal identification numbers. According to the charges, defendant and her co-conspirators used the cards and PINs to steal over $1 million.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Brian Swain, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, and Sheriff Ric Bradshaw, Palm Beach County Sheriff’s Office (PBSO), made the announcement.
According to the allegations in the criminal complaint affidavit, over approximately four years starting in 2016, Edtronda Simon, of Fayette County, Georgia, ran an elder fraud scheme that generally operated as follows: Simon would cold-call elderly victims in South Florida, pretend to be from the fraud department of each senior’s bank, and convince the seniors that their accounts had been compromised, which was false. Once a senior seemed convinced, Simon would offer to send a “bank representative” to the elderly victim’s home to exchange any compromised credit or debit card with a new one, says the complaint. Usually with Simon still on the call trying to persuade the senior to verify a PIN number, a co-conspirator would arrive at the victim’s home, take the victim’s credit or debit card, and promise to return with a new one (which, of course, never happened), according to the complaint affidavit. The co-conspirators allegedly would use the seniors’ credit cards, debit cards, and PINs to withdraw cash from ATMs, purchase money orders, and otherwise drain money from the accounts as quickly as possible – before real bank fraud representatives caught on to the illegal activity.
The complaint charges that through this scheme, Simon and her co-conspirators duped over 250 seniors from Broward, Palm Beach, St. Lucie, Indian River and other South Florida counties into turning over debit cards, credit cards, and related information. They defrauded banks of over $1 million, says the complaint affidavit.
In a separate case filed earlier this year in the Southern District of Florida (case no. 20-cr-80037), prosecutors charged six of Simon’s co-conspirators for their involvement in this elder fraud scheme: Shaumbrica Stubbs, Luclesse Vernesse, Samuel Charles, Ian Felder, Diedre Dixon, and Shaquille Robinson, all Florida residents. Stubbs and Charles have pleaded guilty.
Simon had her initial appearance on September 17, 2020, before a federal magistrate judge in Georgia, where law enforcement officers arrested her. Other proceedings will take place in federal court in West Palm Beach, Florida, where the U.S. Attorney’s Office filed the charges of access device fraud, bank fraud, and aggravated identity theft against Simon.
“Elder fraud targets some of the most vulnerable members of our community,” said U.S. Attorney Ariana Fajardo Orshan. “People who steal from seniors while pretending to help them are the worst kind of criminal because they exploit human trust. We will vigorously prosecute such cases in order to protect the integrity of our financial systems, and to prevent financial and emotional losses to those who can least afford them.”
USSS Miami and PBSO are handling the investigation, along with federal task force officers from the Coral Springs Police Department, Pembroke Pines Police Department, and Plantation Police Department. Assistant U.S. Attorney Susan Rhee Osborne of the Southern District of Florida is prosecuting the case. Assistant U.S. Attorneys Chris Huber, Russell Phillips, Jolee Porter, and Alex Sistla of the Northern District of Georgia provided substantial assistance.
U.S. Attorney Fajardo Orshan explained that this was a team effort not just for law enforcement, but for prosecutors as well. “We could not have located and arrested Edtronda Simon without the exceptional assistance from the U.S. Attorney’s Office for the Northern District of Georgia,” she said.
Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. The mission of the Department’s Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s seniors. To learn more visit https://www.justice.gov/elderjustice. The public is encouraged to report victimization and suspected fraud schemes by calling the National Elder Fraud Hotline at 1-833-FRAUD 11 (1-833- 372-8311).
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information appear on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 20-mj-8241.
Attachments:
Complaint against Simon Charges against co-conspiratorsTexas Man Charged in Miami Federal Court with Using False Payroll Documents to Obtain $1.2 Million in Covid ReliefRead the Press Release
MIAMI – Texas resident Uzoamaka Leonard Ohaebosim, 46, has been charged in the Southern District of Florida with federal bank fraud and making false statements to a financial institution after allegedly lying about his movie company’s payroll expenses and obtaining $1.2 million in Paycheck Protection Program (PPP) funds.
Ohaebosim was arrested in Texas and made his initial appearance in federal court there today. Authorities have seized the money.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge Kyle Myles of the Federal Deposit Insurance Corporation (FDIC) Office of Inspector General (OIG), Office of Investigation’s Atlanta Regional Office, Eastern Regional Office, Gary Smith, Special-Agent-in-Charge, Southern Field Division, Treasury Inspector General for Tax Administration (TIGTA), Special Agent in Charge Michael J. De Palma of the IRS-Criminal Investigation (CI) Miami Office, and Special Agent in Charge Kevin A. Kupperbusch of the U.S. Small Business Association (SBA)-OIG, Investigations Division made the announcement.
The criminal complaint alleges that Ohaebosim sought approximately $1.2 million in PPP loans through applications to an insured financial institution. The complaint alleges that Ohaebosim submitted a PPP loan application that made numerous false and misleading statements regarding his company’s payroll expenses. Specifically, as part of the loan application, Ohaebosim allegedly provided a false IRS payroll tax form indicating that his company, Spite the Movie, LLC (“STM”), had over 100 employees who had received wages of approximately $983,000 with taxes withheld of approximately $122,000 in the first quarter of 2020. In truth, and in fact, STM had not paid these employees and had not filed this form with the IRS. Relying on this false IRS form, the financial institution in South Florida approved and funded approximately $1.2 million in PPP loans. Law enforcement has seized these funds.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 29. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FDIC-OIG, TIGTA, IRS-CI, and the SBA-OIG. Assistant U.S. Attorney Michael Berger of the Southern District of Florida is prosecuting the case.
Related court documents and information appear on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no. 20-cr-03573.
Defendant Charged in $25 Million Diamond Ponzi SchemeRead the Press Release
MIAMI -- South Florida federal prosecutors have charged 51-year-old Jose Angel Aman, of Washington D.C., with wire fraud, for allegedly operating a fraudulent diamond investment scheme.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI Miami Field Office, made the announcement.
According to the allegations of a criminal information, from May 2014 through May 2019, Aman and his partners solicited people throughout the United States and Canada to invest in diamond contracts. It is alleged that Aman and his partners promised investors that they would use their money to purchase rough colored diamonds, which Aman would cut, polish and resell at a profit. They reassured investors that their money was safe because it was secured by Aman’s inventory of diamonds (purportedly valued at $25 million). Aman and his partners presented the investment as a high return, no risk deal.
These promises and statements were false. According to the information, Aman rarely used investors’ money to purchase rough diamonds. He never cut, polished and resold rough diamonds. Nor did Aman have a $25 million diamond inventory. To conceal the fraud from investors, Aman allegedly made purported interest payments to investors by using new investors’ money to pay earlier ones. According to the charging document, at the end of the investment period, Aman and the partners would convince the investors to roll over their money by falsely claiming that the investors had the full value of their investments to put into new deals. They allegedly provided sham “Reinvestment Contracts” to the investors, a tactic they used to buy time until Aman could locate new investors and additional money.
It is alleged that when this scheme was about to collapse, Aman set up a new business, Argyle Coin, LLC, which was purportedly in the business of developing a cryptocurrency token backed by diamonds. Aman solicited new investors for Argyle, promising high rates of return with no risk. Aman allegedly used only a fraction of the money received from Argyle investors to develop a cryptocurrency token, instead using most of it to pay purported interest payments to the earlier investors and to benefit himself and his partners, according to the charging document.
During the course of the Ponzi scheme, Aman and his partners collected over $25 million from hundreds of investors. Aman allegedly used the money to make purported interest payments to investors, to pay business expenses, to pay commissions to the partners, and to support his own lavish lifestyle.
Aman made his initial appearance this week before U.S. Magistrate Judge Bruce Reinhart, who sits in West Palm Beach. This matter was investigated by FBI West Palm Beach, with assistance from the Florida Office of Financial Regulation. AUSA Adrienne Rabinowitz is prosecuting this case.
A criminal information is a charging document that makes allegations. A defendant is presumed innocent unless and until found guilty.
Related court documents and information appear on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no. 20-cr-80062.
NFL Player Charged in South Florida Federal Court for Alleged Role in $24 Million COVID-Relief Fraud SchemeRead the Press Release
Complaint Charges Defendant with Fraudulently Obtaining $1.2 Million in Relief Funds and Spending Money at South Florida Hotel and Casino and on Dior, Gucci, and other Designer Items
MIAMI – Federal prosecutors have charged NFL player Joshua J. Bellamy for his alleged participation in a scheme to file fraudulent loan applications seeking more than $24 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Special Agent in Charge Michael J. De Palma of the IRS-Criminal Investigation (CI) Miami Field Office, Special Agent in Charge George L. Piro of FBI’s Miami Field Office, and Special Agent in Charge Kevin A. Kupperbusch of the U.S. SBA-Office of Inspector General (OIG), Investigations Division, Eastern Regional Office, made the announcement.
Bellamy, 31, of St. Petersburg, Florida, a player in the National Football League (NFL), was charged in a federal criminal complaint filed in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. Bellamy was arrested this morning and appeared before U.S. Magistrate Judge Christopher Tuite of the Middle District of Florida.
The complaint alleges that Bellamy conspired with others to obtain millions of dollars in fraudulent PPP loans. Early in the scheme, Phillip J. Augustin allegedly obtained a fraudulent PPP loan for his talent management company using falsified documents. After submitting that application, Augustin then began to work with other co-conspirators, including Bellamy, on a scheme to submit numerous fraudulent PPP loan applications for confederate loan applicants, in order to receive kickbacks for obtaining the forgivable loans for them.
Bellamy is alleged to have obtained a PPP loan of $1,246,565 for his own company, Drip Entertainment LLC. Bellamy allegedly purchased over $104,000 in luxury goods using proceeds of his PPP loan, including purchases at Dior, Gucci, and jewelers. He is also alleged to have spent approximately $62,774 in PPP loan proceeds at the Seminole Hard Rock Hotel and Casino, and to have withdrawn over $302,000. Bellamy also allegedly sought PPP loans on behalf of his family members and close associates.
The complaint alleges that the scheme involved the preparation of at least 90 fraudulent applications, most of which were submitted. Augustin, Bellamy, and other conspirators in the scheme are alleged to have applied for PPP loans that are together worth more than $24 million dollars. Many of those loan applications were approved and funded by financial institutions, paying out at least $17.4 million.
This case was investigated by the IRS-CI Miami and Cincinnati Field Offices, the FBI’s Miami and Cleveland Field Offices, and the SBA-OIG. Assistant U.S. Attorney David Turken of the Southern District of Florida and Trial Attorney Philip Trout of the Criminal Division’s Fraud Section are prosecuting the case. AUSA Nicole Grosnoff is handling asset forfeiture. The Justice Department also acknowledges and thanks the U.S. Attorney’s Office for the Northern District of Ohio and the Federal Deposit Insurance Corporation Office of Inspector General for their assistance investigating this matter.
Charges against ten other defendants allegedly involved in this scheme have been made public, including the following charges filed in the Southern District of Florida:
- Tiara Walker, 37, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on September 3, 2020, in the Southern District of Florida, with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. AUSA David Snider and Trial Attorney Philip Trout are prosecuting the case.
- Damion O. Mckenzie, 38, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. AUSA David Turken and Trial Attorney Philip Trout are prosecuting the case.
- Andre M. Clark, 46, of Miramar, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. AUSA David Turken and Trial Attorney Philip Trout are prosecuting the case.
- Keyaira Bostic, 31, of Pembroke Pines, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. AUSA David Turken and Trial Attorney Philip Trout are prosecuting the case.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
NFL Player Charged for Role in $24 Million COVID-Relief Fraud SchemeRead the Press Release
A National Football League (NFL) player has been charged for his alleged participation in a scheme to file fraudulent loan applications seeking more than $24 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge Michael J. De Palma of the IRS-Criminal Investigation (CI) Miami Field Office, Special Agent in Charge George L. Piro of FBI’s Miami Field Office, and Special Agent in Charge Kevin A. Kupperbusch of the U.S. SBA-Office of Inspector General (OIG), Investigations Division, Eastern Regional Office, made the announcement.
Joshua J. Bellamy, 31, of St. Petersburg, Florida, a player in the NFL, was charged in a federal criminal complaint filed in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. Bellamy was arrested this morning and will appear today before U.S. Magistrate Judge Christopher Tuite of the Middle District of Florida.
The complaint alleges that Bellamy conspired with others to obtain millions of dollars in fraudulent PPP loans. Early in the scheme, Phillip J. Augustin allegedly obtained a fraudulent PPP loan for his talent management company using falsified documents. After submitting that application, Augustin then began to work with other co-conspirators, including Bellamy, on a scheme to submit numerous fraudulent PPP loan applications for confederate loan applicants, in order to receive kickbacks for obtaining the forgivable loans for them.
Bellamy is alleged to have obtained a PPP loan of $1,246,565 for his own company, Drip Entertainment LLC. Bellamy allegedly purchased over $104,000 in luxury goods using proceeds of his PPP loan, including purchases at Dior, Gucci, and jewelers. He is also alleged to have spent approximately $62,774 in PPP loan proceeds at the Seminole Hard Rock Hotel and Casino, and to have withdrawn over $302,000. Bellamy also allegedly sought PPP loans on behalf of his family members and close associates.
The complaint alleges that the scheme involved the preparation of at least 90 fraudulent applications, most of which were submitted. Augustin, Bellamy, and other conspirators in the scheme are alleged to have applied for PPP loans that are together worth more than $24 million dollars. Many of those loan applications were approved and funded by financial institutions, paying out at least $17.4 million.
The other 10 defendants allegedly involved in this scheme whose complaints were previously unsealed are the following:
- Tiara Walker, 37, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on Sept. 3, 2020, in the Southern District of Florida, with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Damion O. Mckenzie, 38, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Andre M. Clark, 46, of Miramar, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Keyaira Bostic, 31, of Pembroke Pines, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Phillip J. Augustin, 51, of Coral Springs, Florida, was charged in a federal criminal complaint filed on July 28, 2020, in the Northern District of Ohio with wire fraud, bank fraud, conspiracy to commit wire fraud and bank fraud, and obstruction;
- Wyleia Nashon Williams, 44, of Ft. Lauderdale, Florida, was charged in a federal criminal complaint filed on July 28, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- James R. Stote, 54, of Hollywood, Florida, was charged in a federal criminal complaint filed on June 24, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Ross Charno, 46, of Ft. Lauderdale, Florida, was charged in a federal criminal complaint filed on June 24, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Deon D. Levy, 50, of Bedford, Ohio, was charged in a federal complaint filed on June 8, 2020, in the Northern District of Ohio with wire fraud and conspiracy to commit wire fraud; and
- Abdul-Azeem Levy, 22, of Cleveland, Ohio was charged in a federal complaint filed on June 8, 2020, in the Northern District of Ohio with wire fraud and conspiracy to commit wire fraud.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the IRS-CI Miami and Cincinnati Field Offices, the FBI’s Miami and Cleveland Field Offices, and the SBA-OIG. Trial Attorney Philip Trout of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David Turken for the Southern District of Florida are prosecuting the case. The Justice Department also acknowledges and thanks the U.S. Attorney’s Office for the Northern District of Ohio and the Federal Deposit Insurance Corporation Office of Inspector General for their assistance investigating this matter.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
- Tiara Walker, 37, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on Sept. 3, 2020, in the Southern District of Florida, with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
Miami Man Who Allegedly Cyberstalked at Least 10 Victims, Repeatedly Threatening to Kill One of Them, Charged in Federal CourtRead the Press Release
Miami, Fl. -- South Florida federal prosecutors have charged 28-year-old Brandon Kevin Campbell with cyberstalking after he allegedly made repeated threats by telephone call and text message to injure or kill his victims, including a former girlfriend.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.
From April 1, 2019 through mid-May 2020, Campbell allegedly called his former girlfriend’s cellular telephone over 850 times, her workplace approximately 2,000 times, and her sister’s workplace approximately 1,700 times. At the start of many of these calls, Campbell used a telephone number blocking technique (*67) to try to conceal his identity, according to the complaint.
During telephone calls and in text messages, Campbell allegedly threatened his former girlfriend with statements such as: “Ima kill you you f***ing smut,” “I can’t wait till you die,” “I can’t wait to watch your soul leave your body,” and “Before your bday on my momma ima watch the blood leave your body, b***h.” The criminal complaint alleges that Campbell also harassed and threatened persons close to his former girlfriend, including her sister, her friend, and her co-workers. In one text message to the sister, Campbell allegedly wrote: “I’m at your house I swear to god ima kill [your sister] …Watch she dead.” During a telephone conversation with a friend of his former girlfriend, Campbell allegedly threatened the following: “Police cannot save you. Promise. You going to die. Promise.” Finally, during phone calls to his former girlfriend’s workplace, Campbell threatened to show up, shoot everyone inside, then kill himself, according to the criminal complaint. The FBI learned about the threats and began investigating Campbell after receiving a tip through the FBI’s National Threat Operations Center.
Campbell appeared today in Miami federal court before U.S. Magistrate Judge Lauren Fleischer Louis, who detained him pending trial. Campbell faces up to five years in federal prison.
FBI Miami investigated this case. Assistant U.S. Attorney Yara Klukas is prosecuting it.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case no. 20-mj-03509.
Two Men Who Allegedly Used Synthetic Identities, Existing Shell Companies, and Prior Fraud Experience to Exploit Covid-19 Relief Programs Charged in Miami Federal CourtRead the Press Release
Miami, Fl. -- Federal prosecutors have charged two Florida residents with bank fraud conspiracy for allegedly using synthetic identities to commit crimes, including defrauding banks and stealing over $3 million from Covid-19 relief programs.
Synthetic identities combine real (albeit stolen) identity information, such as stolen social security numbers, with fraudulent identity information, such as fake names and dates of birth. Criminals create these synthetic identities and use them to open fraudulent bank and credit card accounts, and to make fraudulent purchases.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Kyle A. Myles, Special Agent in Charge, Federal Deposit Insurance Corporation, Office of Inspector General – Investigations (FDIC-OIG), Atlanta Region, Brian Swain, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, Kevin A. Kupperbusch, Special Agent in Charge, U.S. Small Business Administration, Office of Inspector General (SBA-OIG), Investigations Division, Eastern Region, Rod Owens, Special Agent in Charge, Social Security Administration, Office of the Inspector General, Antonio J. Gomez, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, and James S. Jackson, Deputy Inspector General for Investigations, Treasury Inspector General for Tax Administration (TIGTA) made the announcement.
According to the criminal complaint affidavit, beginning around 2017, Jean Fleuridor, 41, of Broward County, Florida and Hasan Brown, 44, of Miami-Dade County, Florida, and their co-conspirators were involved in a scheme to defraud a bank located in San Antonio, Texas. They used approximately 700 synthetic identities, in addition to stolen identities, to create bank accounts and shell companies. According to the criminal complaint, fraudulent payments were made from accounts registered to synthetic identities to accounts registered to defendants Brown and Fleuridor.
From about April through July of 2020, members of the conspiracy allegedly utilized the already-established synthetic identities and associated shell companies to fraudulently apply for assistance under the Paycheck Protection Program (PPP), a program established under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act to help small businesses financially survive the pandemic. According to the complaint, the defendants fraudulently sought and received over $3 million dollars in PPP relief. This money was paid to companies registered to the synthetic identities.
Defendant Fleuridor had his initial appearance on August 26, 2020, and defendant Brown had his initial appearance on August 28, 2020, both before U.S. Magistrate Judge Alicia M. Otazo-Reyes. A copy of the criminal complaint and affidavit is attached to this release.
FDIC-OIG, USSS Miami, SBA-OIG, SSA-OIG, USPIS, and TIGTA are handling the investigation. Assistant U.S. Attorney Brooke Watson, of the Southern District of Florida, is prosecuting the case. Assistant U.S. Attorney Nicole S. Grosnof, also of the Southern District of Florida, is handling asset forfeiture. Trial Attorney Louis Manzo, from the Department of Justice, Criminal Division, Assistant U.S. Attorney Lauren Elbert, of the Eastern District of New York, and Assistant U.S. Attorney Trenton Reichling, of the Middle District of Florida, provided assistance.
In March 2020, the CARES Act was enacted. It was designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information appear on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no. 20-mj-03472-AOR.
Attachment
Criminal complaint and affidavitMiami Neighbors Charged with Covid-Relief Fraud After Falsely Claiming to be FarmersRead the Press Release
Miami, Fl. -- Two Florida neighbors were charged in a complaint unsealed today with wire fraud and false statements for their alleged participation in a scheme to file fraudulent loan applications seeking more than $1.1 million in forgivable Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Acting Assistant Attorney General Brian Rabbitt of the Justice Department’s Criminal Division, Treasury Inspector General for Tax Administration (TIGTA) J. Russell George, Inspector General Hannibal “Mike” Ware of the SBA’s Office of Inspector General (OIG), and Inspector in Charge Antonio Gomez of the U.S. Postal Inspection Service Miami Division made the announcement.
Latoya Stanley, 38, and Johnny Philus, 33, both of Miami, Florida, were charged in a complaint filed in the Southern District of Florida with wire fraud and false statements. Both individuals were arrested this morning and appeared today before U.S. Magistrate Judge Alicia M. Otazo-Reyes in Miami.
The complaint alleges that Stanley and Philus submitted four fraudulent applications for over $1.1 million. In her PPP application, Stanley claimed to employ 18 individuals from her company, Dream Gurl Beauty Supply LLC. In the EIDL application, Stanley claimed to generate over $800,000 in income and employed five individuals from a farm based in the yard of her Miami home. Philus, meanwhile, stated that he employed 29 individuals at his company, Elegance Auto Boutique LLC. In his EIDL application, Philus claimed to generate $400,000 in income and employed ten individuals from a farm located in the yard of a small residential home.
In actuality, the complaint alleges that Stanley and Philus employed no one and the farms did not exist. Stanley and Philus, who are neighbors, allegedly worked together to effectuate the fraud and ultimately received over $1 million in fraudulent funds before their schemes were uncovered.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small-businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses.
The EIDL program is designed to provide economic relief to small businesses that are currently experiencing a temporary loss of revenue. EIDL proceeds can be used to cover a wide array of working capital and normal operating expenses, such as continuation of health care benefits, rent, utilities and fixed debt payments. If an applicant also obtains a loan under the PPP, the EIDL funds cannot be used as the same purpose as the PPP funds.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the SBA-OIG, USPIS, and TITGA. Assistant U.S. Attorney Brooke Watson for the Southern District of Florida and Trial Attorney Louis Manzo of the Criminal Division’s Fraud Section and are prosecuting the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Miami Neighbors Charged with COVID-Relief Fraud after Falsely Claiming to be FarmersRead the Press Release
Two Florida neighbors were charged in a complaint unsealed today with wire fraud and false statements for their alleged participation in a scheme to file fraudulent loan applications seeking more than $1.1 million in forgivable Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Acting Assistant Attorney General Brian Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Treasury Inspector General for Tax Administration (TIGTA) J. Russell George, Inspector General Hannibal “Mike” Ware of the SBA’s Office of Inspector General (OIG), and Inspector in Charge Antonio Gomez of the U.S. Postal Inspection Service Miami Division made the announcement.
Latoya Stanley, 38, and Johnny Philus, 33, both of Miami, Florida, were charged in a complaint filed in the Southern District of Florida with wire fraud and false statements. Both individuals were arrested this morning and appeared today before U.S. Magistrate Judge Alicia M. Otazo-Reyes in the Southern District of Florida.
The complaint alleges that Stanley and Philus submitted four fraudulent applications for over $1.1 million. In her PPP application, Stanley claimed to employ 18 individuals from her company, Dream Gurl Beauty Supply LLC. In the EIDL application, Stanley claimed to generate over $800,000 in income and employed five individuals from a farm based in the yard of her Miami home. Philus, meanwhile, stated that he employed 29 individuals at his company, Elegance Auto Boutique LLC. In his EIDL application, Philus claimed to generate $400,000 in income and employed ten individuals from a farm located in the yard of a small residential home.
In actuality, the complaint alleges that Stanley and Philus employed no one and the farms did not exist. Stanley and Philus, who are neighbors, worked together to effectuate the fraud and ultimately received over $1 million in fraudulent funds before their schemes were uncovered.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small-businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses.
The EIDL program is designed to provide economic relief to small businesses that are currently experiencing a temporary loss of revenue. EIDL proceeds can be used to cover a wide array of working capital and normal operating expenses, such as continuation of health care benefits, rent, utilities and fixed debt payments. If an applicant also obtains a loan under the PPP, the EIDL funds cannot be used as the same purpose as the PPP funds.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the SBA-OIG, USPIS, and TITGA. Trial Attorney Louis Manzo of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Brooke Watson for the Southern District of Florida are prosecuting the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Florida Man Sentenced to 105 Months in Prison for Role in $16 Million Miami Health Care Fraud and Wire Fraud SchemeRead the Press Release
Miami, Fl. – A federal judge in Miami sentenced Roberto Murillo, 44, of North Port, Florida, to 105 months in prison for his role in a massive health care fraud and wire fraud scheme involving fraudulent physical therapy claims. Senior U.S. District Judge Patricia A. Seitz imposed the sentence, which came after a Miami jury found Murillo guilty in January 2020 of all counts charged, including conspiracy to commit health care fraud and wire fraud, and several counts of health care fraud.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.
The evidence at trial revealed that during the illegal scheme, Murillo had a legitimate job at a Miami telecommunications call center, and he received private insurance coverage through that job. As part of the fraud, Murillo used his position to recruit dozens of his colleagues, many of whom who he knew were suffering various financial and personal hardships, to Friv MD, PLLC, a fraudulent Miami physical therapy clinic in exchange for cash bribes. Murillo also forced family members living under his roof to allow Murillo and his co-conspirators to use their insurance information to submit additional fraudulent claims. The clinic, in turn, submitted over $16 million in claims to United Healthcare for services that were not performed or not medically necessary.
Trial evidence established that Murillo’s role in the lengthy scheme did not stop at recruiting others to Friv MD. Murillo also instructed the recruited “patients” to fill out paperwork for dates they did not receive services, to describe ailments they did not have to the therapists at the clinic, and to lie when questioned by investigators about the illegal scheme. In some instances, Murillo also failed to pay the cash that he had promised to give recruited “patients” in exchange for their signatures, keeping it instead for himself.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI. The case was prosecuted by Assistant U.S. Attorney Anne P. McNamara and Fraud Section Trial Attorney Drew Bradylyons. Assistant U.S. Attorney Adrienne E. Rosen handled asset forfeiture.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under Case No. 19-CR-20436-PAS.
Canadian National Charged with Alien Smuggling Conspiracy and Attempting to Bring Aliens to the United StatesRead the Press Release
Cooperation efforts between United States and Turks and Caicos Islands law enforcement authorities culminated in today’s extradition to the United States of a Canadian national who has been charged with alien smuggling offenses.
Sri Kajamukam Chelliah, aka “Mohan,” 55, is charged in a criminal complaint, unsealed today in the U.S. District Court for the Southern District of Florida, with conspiracy to bring aliens to the United States and to encourage and induce aliens to come to, enter, or reside in the United States for commercial advantage and private financial gain, and attempting to bring aliens to the United States for commercial advantage and private financial gain.
“The defendant allegedly facilitated a smuggling operation by attempting to transport aliens through various countries, including the United States, for financial gain,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “This case demonstrates the department’s commitment to working with our foreign law enforcement partners to prosecute human smugglers who seek to thwart our system of legal immigration, jeopardize our national security, and risk the lives of people who face the dangers of maritime smuggling.”
“Human smugglers not only violate our country’s immigration laws and threaten our national security, they also put in jeopardy the very lives of the people they transport,” said U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida. “Alongside its local, national, and foreign partners, my office is firmly committed to prosecuting members of international criminal organizations and others who try to profit from this callous activity.”
“Transnational Criminal Organizations use human smuggling as a means for profit while at the same time threatening the security of the United States” said Special Agent in Charge Anthony Salisbury of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami. “HSI will continue to work with our international law enforcement partners to target criminal organizations who conspire to undermine our nation’s laws for their own profit.”
According to the complaint, Chelliah is alleged to have attempted to facilitate the travel of aliens from Sri Lanka through Haiti, Turks and Caicos Islands, and the Bahamas to the United States from on or about July 1, 2019 to Oct. 10, 2019. On Oct. 10, 2019, Turks and Caicos Island authorities interdicted a Haitian sloop sailboat carrying Chelliah and 154 aliens, including 28 Sri Lankan nationals. Chelliah was arrested on local immigration charges and later sentenced. Following the completion of his prison sentence, he was placed in immigration detention in Turks and Caicos. U.S. law enforcement determined Chelliah and others allegedly made arrangements to smuggle numerous Sri Lankan aliens to Canada through the United States for monetary payments.
Chelliah was arrested on July 28, 2020, by Turks and Caicos authorities, based on a provisional arrest request submitted by the United States. He consented to extradition and, on Aug. 15, 2020, the Governor of Turks and Caicos issued an order allowing the extradition to the United States.
This case is being investigated by HSI Miami, with assistance from the HSI Human Smuggling Unit and U.S. Customs and Border Protection (CBP). The investigation is being conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.
The case is being prosecuted by Trial Attorneys Rami S. Badawy and John Alex-Romano of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP), and Assistant U.S. Attorney Brian Dobbins of the Southern District of Florida. HRSP Trial Attorney Jim Hepburn provided substantial assistance during the investigation. The Justice Department’s Office of International Affairs provided significant assistance in the investigation and in securing the defendant’s extradition to the United States. The Department of Justice gratefully acknowledges the government of Turks and Caicos Islands for their valuable assistance.
The charges contained in the Chelliah complaint are merely allegations and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Miami Business Owners Sentenced in Illegal Wildlife Trafficking OperationRead the Press Release
MIAMI – Alvaro Y. Cortes, 62, Olga L. Aya Rodriguez, 53, both of Doral, Florida, and Planet Express Cargo & Courier Corp., a Miami company, were sentenced today in federal district court in Miami for their involvement in a conspiracy to knowingly export fish and wildlife knowing that the fish and wildlife were transported and sold in violation of federal law.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, David G. Pharo, Resident Agent in Charge, U.S. Fish and Wildlife Service (FWS), Manny Antonaras, Deputy Special Agent-in-Charge, National Oceanic & Atmospheric Administration, Office of Law Enforcement (NOAA/OLE), Southeast Division, Anthony Salisbury, Special Agent in Charge, U.S. Department of Homeland Security Investigations (HSI) Miami, Daniel Alonso, Acting Director of Field Operations, U.S. Customs and Border Protection (CBP), Miami/Tampa, made the announcement.
U.S. District Judge Darrin P. Gayles, who previously accepted guilty pleas from each of defendant, sentenced Cortes and Aya Rodriguez each to a term of six months’ imprisonment, a term of supervised release of one year, and a criminal fine of $7,500.00. Judge Gayles placed PECC on probation for four years.
According to court documents, the parties’ joint factual proffer, and in-court statements, Cortes and Aya Rodriguez conducted business as Planet Express Cargo & Courier Corp., which principally engaged in business as a freight forwarder, consolidating cargo freight for international shipment, primarily to Colombia, South America. From May 2014 through July 2015, the defendants provided international shipping manifests to United Parcel Service that falsely identified shipments of fish and corals that had been delivered to PECC’s business premises by its customers as “Accesorios de Acuario” (“aquarium accessories”). As part of the conspiracy, PECC and its principals failed to acquire permits required for the export of certain of the species in the shipments and failed to declare to the Fish & Wildlife Service and CBP that they were exporting wildlife. Based on the fraudulent documents, the fish and wildlife was exported from the United States to Colombia.
All fish and wildlife exported from the United States, must first be made available for inspection and properly declared to FWS and CBP, pursuant to Title 50, Code of Federal Regulations, Sections 14.52 and 14.63. The regulations require the exporter or exporter’s agent to provide specific documentation and information to the FWS in order to have a shipment of merchandise cleared for export, prior to the physical loading of the merchandise on a vehicle or aircraft, and prior to the palletization of the shipment for export. The required notice must include all shipping documents, permits, and licenses, and a listing of the fish and wildlife being exported. Additionally, the exporter or exporter’s agent is required to present an executed Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177) to the FWS prior to the exportation, which Form requires identification of the merchandise by scientific name, common name, quantity, and value. Further, Form 3-177 requires proper identification of the shipper and the consignee, and an attestation that all the information being provided is true and correct. Title 50, Code of Federal Regulations, Sections 14.52 and 14.63.
In addition to the false manifests generated at PECC, employees of PECC, at the direction of its principals, obscured markings on the boxes of wildlife which identified them as containing live fish, by taping over the labeling and wrapping everything in black plastic. They did this so that United Parcel Service employees and government authorities would not realize the shipments contained un-inspected wildlife. The government also presented evidence at sentencing that, in addition to the number of shipments identified in the count of conviction, the defendants had been involved in the export of almost 1,000 such shipments to Colombia.
Ms. Orshan commended the investigative efforts of the Special Agents and Wildlife Inspectors of the Fish & Wildlife Service, and the Special Agents of NOAA/OLE and HSI, and Officers of the Customs and Border Protection who participated in the investigation This matter is being prosecuted by Deputy Chief Thomas Watts-FitzGerald of the Economic & Environmental Crimes Section and Assistant U.S. Attorney Christopher Cheek.
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 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 www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Florida Man Alleged to Have Fraudulently Received Covid-19 Relief Loans While Awaiting Trial on Separate Unrelated Fraud Crimes Charged in Federal CourtRead the Press Release
MIAMI -- Judlex Jean Louis, 32, of Lauderhill, Florida, was arrested and charged with bank fraud, making false statements to a financial institution, and aggravated identity theft after receiving fraudulent Paycheck Protection Program (PPP) loans intended to help small businesses keep employees paid during the COVID-19 pandemic. At the time of his arrest, Louis was awaiting trial on theft, money laundering, and fraud charges related to a separate series of crimes occurring in 2014 and 2015.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida; Brian Swain, Special Agent in Charge of the U.S. Secret Service’s (USSS) Miami Field Office; and Michael J. De Palma, Special Agent in Charge, Internal Revenue Service-Criminal Investigations (IRS-CI), Miami Office, made the announcement.
The federal government enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020 to provide emergency financial assistance to the millions of Americans suffering economic harm from the COVID-19 pandemic. One source of relief the government established through the CARES Act was the authorization of government-backed and potentially forgivable PPP loans to small businesses for job retention and certain other expenses.
According to the allegations in the criminal complaint, Louis received proceeds from three fraudulent PPP loans in early June 2020. Each loan application hid Louis’s identity as the true loan recipient. On a loan application that Louis submitted for his own claimed business using a social security number that did not belong to him, Louis allegedly falsely certified that he was not subject to any pending criminal charges. On another loan application that Louis submitted in the name of an accomplice’s purported business, he allegedly used a doctored bank statement. Finally, on a third loan application, Louis allegedly made up a business and used the name and social security number of a victim to whom he had no connection. According to the criminal complaint affidavit, Louis had PPP loan money deposited into accounts that he controlled. Surveillance cameras caught Louis withdrawing cash from one of these accounts soon after the loan money was deposited.
Louis is scheduled to appear for a detention hearing and preliminary hearing on August 14, 2020, at 11:00 a.m., before U.S. Magistrate Judge Lurana S. Snow, who sits in Ft. Lauderdale.
USSS Miami and IRS-CI Miami handled the investigation, with assistance from the Coral Springs Police Department: Economic Crimes Unit, the Broward County State Attorney’s Office, and the Broward County Sheriff’s Office. Assistant U.S. Attorney Kiran N. Bhat is prosecuting this case. Assistant U.S. Attorney Nicole S. Grosnof is handling asset forfeiture.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A criminal complaint is a charging instrument containing allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 20-6328-mj-Hunt.
Three Men Who Allegedly Used Existing Shell Companies and Prior Fraud Experience to Exploit Covid-19 Relief Programs Charged in South Florida Federal CourtRead the Press Release
MIAMI – Federal prosecutors have charged one Florida man and two Massachusetts men for their alleged participation in a fraud and money laundering-ring established in 2019 to carry out business email compromise-schemes and that defendants used, most recently, to steal close to $2 million from Covid-19 relief programs.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, Brian Swain, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, Kyle A. Myles, Special Agent in Charge, Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG), Office of Investigation’s, Atlanta Regional Office, Kevin A. Kupperbusch, U.S. Small Business Administration, Investigations Division (SBA-OIG), Eastern Regional Office, and Dale Forrester, Special Agent in Charge, Treasury Inspector General for Tax Administration (TIGTA), Cybercrimes Division, made the announcement.
The criminal complaint charges Jimpcy One, of Broward County, Gousman Lemy, of Norfolk County, Massachusetts, and Frantz Guillaume, Jr. a/k/a Sandro Saintfloeur, of Norfolk County, Massachusetts, with conspiracy to commit money laundering, bank fraud, and money laundering. The complaint charges One and Guillaume with additional counts of aggravated identity theft and making false statements to a financial institution.
According to the complaint affidavit, unknown co-conspirators of the defendants initiated the scheme around 2019, when they hacked and took control of a business email account. Through false emails that co-conspirators allegedly sent from the hacked account, co-conspirators tricked a separate business, a victim, into wiring over $900,000 into an account that defendants allegedly controlled. Defendants then sought to conceal the origin of this fraudulently obtained money by transferring it among the bank accounts of various shell companies that defendants controlled, according to the affidavit.
When the coronavirus pandemic hit the United States in 2020, defendants allegedly initiated a new fraud scheme using existing shell companies from the email compromise scheme, as well as newly created and reactivated shell companies. Defendants allegedly submitted false and fraudulent loan applications under two U.S. government relief programs authorized by the CARES Act to help small businesses and their employees survive the Covid-19 economic crisis: the Paycheck Protection Program (“PPP”) and the Economic Injury Disaster Loan Program (“EIDL”). In June and July 2020, through false submissions in the names of their shell companies, defendants fraudulently applied for and received close to $2 million in PPP and EIDL funds, according to the affidavit.
Defendants One and Lemy are in custody and had their initial appearances yesterday before U.S. Magistrate Judge Patrick M. Hunt, who sits in Ft. Lauderdale. Defendant Guillaume remains at large. A copy of the criminal complaint and affidavit is attached to this release.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.
The EIDL is a U.S. Small Business Administration (“SBA”) program that provides low-interest financing to small businesses, renters, and homeowners in regions affected by declared disasters. The CARES Act authorized the SBA to provide EIDL loans of up to $2 million to eligible small businesses affected by the COVID-19 pandemic. Similar to PPP loans, applicants must certify that they meet certain requirements. Companies may use EIDL funds for payroll expenses, sick leave, production costs, and business obligations, such as debts, rent, and mortgage payments. PPP and EIDL loans may not be used for the same expenses.
FBI Miami, USSS Miami, FDIC-OIG, SBA-OIG, SBA-OIG, and TIGTA are handling the investigation. Assistant U.S. Attorney Brooke Watson is prosecuting the case. Assistant U.S. Attorney Nicole S. Grosnof is handling asset forfeiture.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information appear on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no. 20-mj-06325.
Attachment
Criminal complaint and affidavitTwo Men Charged with Armed Robbery in Palm Beach CountyRead the Press Release
MIAMI – Michael Anthony Roundtree Jr., 37, and Daren Bernard Razz III, 40 both of Riviera Beach, Florida, have been arrested and charged with robbery affecting interstate or foreign commerce. It is alleged that, from August 2019 through August 2020, they committed or attempted twelve armed robberies.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Ric L. Bradshaw, Sheriff, Palm Beach County Sherriff’s Office, made the announcement.
According to allegations in the criminal complaint, starting in August 12, 2019, Roundtree and Razz committed ten armed robberies and unsuccessfully attempted to commit two more armed robberies. The victims were auto supply and “dollar” stores in Palm Beach County. The defendants ordinarily worked together. In three instances, one of the defendants acted alone. The defendants entered the stores at night and demanded money and, in some cases, goods at gunpoint. In one instance, one of the defendants pistol-whipped an employee. The most recent robbery occurred on August 4, 2020.
U.S. Attorney Fajardo Orshan commended the FBI and the Palm Beach County Sherriff’s Office for its work on this investigation.
Assistant United States Attorney Marc Osborne is prosecuting this case.
A criminal complaint is a charging instrument containing allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 20-8277-DLB.
Three South Florida Residents Who Participated in $24 Million Covid-Relief Fraud Scheme Charged in Federal CourtRead the Press Release
MIAMI – Federal prosecutors have filed charges in the Southern District of Florida against three local residents for their alleged participation in a scheme to file fraudulent loan applications seeking more than $24 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Brian C. Rabbitt, Acting Assistant Attorney General of the Justice Department’s Criminal Division, Michael J. De Palma, Special Agent in Charge, IRS Criminal Investigation (CI), Miami Field Office, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Hannibal “Mike” Ware, Inspector General, SBA Office of Inspector General (OIG) made the announcement.
Damion O. McKenzie, 38, of Miami Gardens, Andre M. Clark, 46, of Miramar, and Keyaira Bostic, 31, of Pembroke Pines, were each charged in separate criminal complaints with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. According to their criminal complaint affidavits, McKenzie, Clark, and Bostic, with the assistance of other co-conspirators, submitted fraudulent PPP loan applications for their respective companies. The fraudulent loan applications were supported by falsified documents, including fake bank statements and payroll tax forms.
After submitting fraudulent loan applications for their own companies, McKenzie, Clark, and Bostic allegedly became recruiters and referred other business owners to their co-conspirators for the purpose of creating and submitting additional fraudulent PPP loan applications. McKenzie, Clark, and Bostic allegedly would receive a kickback for any loan approved and funded for any client they referred to their co-conspirators.
The alleged scheme that McKenzie, Clark, and Bostic participated in with their co-conspirators, which included other recruiters and loan applicants (some of whom face related charges in the Northern District of Ohio), involved the planning or preparation of at least 90 fraudulent PPP loan applications, worth more than $24 million dollars. Many of the loan applications were approved and funded by financial institutions, paying out at least $17.4 million.
“The United States made funds available to small business owners through the Paycheck Protection Program to ensure that our communities’ local businesses and their employees financially survive this pandemic,” said U.S. Attorney Ariana Fajardo Orshan. “Those who defraud the program with no regard for the effect that their actions of greed will have on the small business owners and employees who legitimately need the money will be vigorously prosecuted by my office.”
“The defendants allegedly participated in an extensive nationwide scheme to file at least 90 fraudulent applications for millions of dollars in PPP loans in exchange for illegal kickbacks of portions of the loan proceeds,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “These allegations reflect an organized effort by defendants to defraud the SBA’s PPP program on a large scale by stealing funds intended for legitimate small businesses suffering from economic hardships caused by the COVID-19 pandemic. The department and our law enforcement partners will continue to aggressively pursue those who would seek to illegally exploit the ongoing national emergency for their own benefit.”
“During these difficult times, while hardworking American citizens are facing a pandemic and struggling to take care of their families, crimes like these literally rob the coffers of critically needed relief funds,” said Special Agent in Charge Michael J. De Palma of the IRS Criminal Investigation (CI) Miami Field Office. “We will continue to tirelessly pursue the culprits behind these heinous schemes and bring them to justice. Any fraud of COVID-19 financial relief programs will never be tolerated.”
“The Paycheck Protection Program was designed to help hardworking small business owners who are suffering economically due to the COVID-19 shutdowns,” said George L. Piro, Special Agent in Charge, FBI Miami. “The FBI will not tolerate anyone who fraudulently misuses federal funds designed to assist Florida businesses. In the current climate, we are committed to diligently investigate those who illegally take advantage of these critical funds.”
“The reprehensible alleged actions of the defendants sought personal gain at the expense of taxpayers,” said Inspector General Hannibal “Mike” Ware of the SBA Office of Inspector General (OIG). “OIG will aggressively pursue fraud in the PPP and other SBA programs aimed at assisting the nation’s small businesses during the pandemic. I want to thank the Department of Justice and our law enforcement partners for their pursuit of justice.”
Defendants McKenzie, Clark, and Bostic had their initial appearances yesterday before U.S. Magistrate Judge Patrick M. Hunt, who sits in Ft. Lauderdale. For information on other co-conspirators charged for their involvement in this fraud scheme, click here.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.
U.S. Attorney Fajardo Orshan commends IRS-CI Miami, FBI Miami, and SBA-OIG for investigating these cases. She also thanks IRS-CI Cleveland and FBI Cleveland for their work and the Federal Deposit Insurance Corporation Office of Inspector General for its assistance. David Turken, Assistant U.S. Attorney for the Southern District of Florida, and Philip Trout, Trial Attorney with the Criminal Division’s Fraud Section, and are prosecuting these South Florida cases.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case nos. 20-mj-6316, 20-mj-6317, and 20-mj-6318.