Southern District of New York
Press releases recorded for this federal judicial district.
Poughkeepsie Gang Member Pleads Guilty to June 2020 Murder of 16-Year-OldRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today the guilty plea of ELIJAH BERMUDEZ, a/k/a “Quiet,” in connection with his criminal activities as a member of the violent gang Bully Hard Hunna Blood (“Bully Hard”), including his role as the shooter in the June 20, 2020, murder of 16-year-old bystander Frederick Wells, known to his friends and family as “Khabir.” The murder arose out of a dispute between Bully Hard gang members and members of a rival set of Bloods called the Untouchable Gorilla Stone Nation (“Gorilla Stone”), which led to, three months later, a retaliatory September 21, 2020, broad daylight murder of a second minor victim, 15-year-old Jalani Jones, in Poughkeepsie. BERMUDEZ pled guilty today before U.S. District Judge Nelson S. Román.
U.S. Attorney Damian Williams said: “In a tragic three-month stretch in 2020, brutal gang violence between the Bully Hard and Gorilla Stone sets of the Bloods caused two senseless murders of minor victims in Poughkeepsie. Previously, Gorilla Stone leader Brandon Soto was convicted and sentenced to 35 years in prison for his role in planning out and ordering the retaliatory September 21, 2020, murder of a 15-year-old. Today, thanks to our law enforcement partners and the dedicated prosecutors of this Office, Elijah Bermudez has now admitted to an earlier, June 20, 2020, murder that prompted the retaliatory September 2020 murder. Today’s plea is a reminder that this Office will relentlessly pursue any gangs who threaten the safety of New Yorkers.”
According to allegations in the Indictment and Information and statements made in public filings and public court proceedings:
From early 2020 to April 2022, BERMUDEZ was a member or associate of a racketeering enterprise known as Bully Hard, a criminal organization whose members and associates engaged in, among other things, murder, robberies, narcotics trafficking, and fraud. Bully Hard operated in New York City and Upstate New York, including in Poughkeepsie. Members and associates of Bully Hard engaged in a series of violent disputes with rivals of Bully Hard, as well as those within Bully Hard who they deemed disloyal. During these disputes, members and associates of Bully Hard committed murder, shootings, and assaults against their rivals and against fellow members of Bully Hard. They also distributed heroin and marijuana.
On June 20, 2020, BERMUDEZ shot and killed 16-year-old bystander Frederick Wells in the vicinity of Charles Street in Poughkeepsie in furtherance of his membership in the Bully Hard racketeering enterprise. Specifically, on the night of June 20, 2020, BERMUDEZ and another member of Bully Hard (“Bully Hard Member-1”) got into a physical fight with members of Gorilla Stone, a rival set of Bloods. During the fight, Bully Hard Member-1 confronted a 17-year-old Gorilla Stone member (“Gorilla Stone Member-1”). At the time, Gorilla Stone Member-1 was standing with Wells, who was Gorilla Stone Member-1’s friend from school, was not in a gang, and was a bystander to the altercation. BERMUDEZ then stabbed Gorilla Stone Member-1, picked up Bully Hard Member-1’s gun, which had dropped to the ground, and shot Wells as Wells tried to run away. Wells was found dead with a gunshot wound to his head.
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BERMUDEZ, 31, of New York, New York, pled guilty to one count of racketeering conspiracy, which carries a maximum sentence of 20 years in prison; one count of being a felon in possession of ammunition, which carries a maximum sentence of 10 years in prison; and one count of conspiracy to possess ammunition after a felony conviction, which carries a maximum sentence of five years in prison. BERMUDEZ is scheduled to be sentenced by Judge Román on October 17, 2024.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation Westchester County Safe Streets Task Force. Mr. Williams also thanked the City of Poughkeepsie Police Department and Dutchess County District Attorney’s Office for their assistance in the case.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys David R. Felton, Courtney L. Heavey, Shiva H. Logarajah, and Kevin T. Sullivan are in charge of the prosecution.
United States Obtains Consent Decree Against Gristedes Supermarkets for Violating Refrigerant Management RegulationsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York announced today that the United States filed a civil lawsuit against GRISTEDE’S FOODS NY, INC. (“GRISTEDES”) alleging violations of the Clean Air Act and the Environmental Protection Agency’s (“EPA”) Recycling and Emissions Reduction Rule (“RER Rule”) due to GRISTEDES’ failure to comply with regulations designed to limit the emission of refrigerants from appliances at its store into the atmosphere. The United States and GRISTEDES simultaneously entered into a Consent Decree resolving that lawsuit. The Consent Decree requires GRISTEDES to pay a $400,000 civil penalty and to undertake millions of dollars of repairs to reduce its future emissions of refrigerants that are greenhouse gasses.
U.S. Attorney Damian Williams said: “Between 2019 and 2021, Gristedes systematically violated EPA refrigerant regulations, resulting in greenhouse gas emissions at a rate far higher than others in the industry. To give a sense of scale, Gristedes’ emissions had a global warming effect equal to driving a car 140,000,000 miles. As a result of our lawsuit, Gristedes is now required to reduce its emissions by over 70% from their 2020 levels to offset at least some of the damage it has caused, and it will face significant additional penalties under the Consent Decree if it fails to do so.”
The Clean Air Act and the RER Rule impose requirements on the owners and operators of commercial refrigeration appliances to prevent the emission of regulated refrigerants into the atmosphere. Many refrigerants (including those utilized in GRISTEDES stores) are powerful greenhouse gases that contribute to global climate change when emitted. They also deplete the ozone layer and are toxic to humans when present in the air in large quantities.
As alleged in the United States’ Complaint filed in Manhattan federal court:
GRISTEDES has owned and operated a chain of approximately 20 supermarkets in New York City. Between 2019 and 2021, despite utilizing regulated refrigerants known as hydrochlorofluorocarbons and hydrofluorocarbons at its supermarkets, GRISTEDES systematically failed to comply with key aspects of the RER Rule — failing to calculate the rate at which its appliances were leaking when adding new refrigerants, failing to timely repair leaks, failing to conduct verification testing after repairing appliances, failing to retrofit or retire leaking appliances, and failing to report chronically leaking appliances to EPA.
As a result, GRISTEDES’ refrigerators have leaked refrigerants into the atmosphere at a rate far higher than industry standards. These leaks have emitted more than 40,000 pounds of regulated climate-impacting refrigerants, with a greenhouse gas effect equivalent to driving an average, gasoline-powered vehicle an extra 140,000,000 miles.
In the Consent Decree, GRISTEDES admits, acknowledges, and accepts responsibility for the following conduct between 2019 and 2021:
- Failing failed to adopt or implement refrigerant management practices that were consistent with the RER Rule.
- Failing to calculate the leak rates for appliances upon addition of refrigerants to those appliances and to maintain records of the same.
- Failing to repair appliances that had leak rates above applicable thresholds under the RER Rule and to maintain records of the same.
- Failing to perform initial and follow-up verification tests to ensure that the repairs were successful, to perform subsequent leak inspections at intervals required by the RER Rule, and to maintain records of the same.
- Failing to implement retrofit or retirement plans for the appliances that had uncontrolled leaks or to maintain records of the same.
- Failing to submit reports to EPA related to chronically leaking appliances.
- Maintaining corporate-wide leak rates of 40%, 59%, and 46% in 2019, 2020, and 2021, respectively, resulting in the emission of 42,094 pounds of refrigerants, in total.
Pursuant to the Consent Decree, GRISTEDES will pay a penalty of $400,000, an amount based on the company’s documented inability to pay the full civil penalty for which it otherwise would be liable. Further, the Consent Decree requires GRISTEDES to undertake repairs of its commercial refrigeration equipment with an estimated cost of $13,500,000, to adopt a comprehensive refrigerant compliance management plan, to convert three stores to utilize advanced refrigerants with low global warming potential, and to lower its corporate leak-rate below 16%. Failure to comply with the Consent Decree will give rise to significant additional penalties.
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To provide public notice and afford members of the public the opportunity to comment on the Consent Decree, the Consent Decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval.
Mr. Williams thanked the attorneys and enforcement staff at EPA’s Region 5 for their critical work in this matter.
This case is being handled by the Environmental Protection Unit of the Office’s Civil Division. Assistant U.S. Attorneys Zack Bannon and Dominika Tarczynska are in charge of the case.
Prominent Ghanaian “Influencer” Sentenced to One Year in Prison for Receiving Romance Scam ProceedsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that MONA FAIZ MONTRAGE was sentenced to 12 months and one day in prison by U.S. District Judge J. Paul Oetken on June 28, 2024. MONTRAGE previously pled guilty on February 21, 2024, to conspiracy to receive stolen money.
U.S. Attorney Damian Williams said: “Mona Faiz Montrage knowingly received illegal funds from older Americans who were victims of romance scams and now faces serious consequences for her actions. Romance scams such as Montrage’s harm vulnerable, elderly victims not only in the cruel betrayal of trust in the realization that their online romantic connection was fiction, but by also callously stealing their money. This Office and our law enforcement partners are relentless in bringing fraudsters who target Americans to justice, no matter where they are.”
As alleged in the Indictment and statements made in public filings and public court proceedings:
From at least in or about 2013 through in or about 2019, MONTRAGE was a member of a criminal enterprise (the “Enterprise”) based in West Africa that committed a series of frauds against individuals and businesses in the U.S., including romance scams.
Many of the Enterprise’s romance scam victims were vulnerable, older men and women who lived alone. The Enterprise frequently conducted the romance scams by sending the victims emails, text messages, and social media messages that deceived the victims into believing that they were in romantic relationships with a person who was, in fact, a fake identity assumed by members of the Enterprise. Once members of the Enterprise had successfully convinced victims that they were in a romantic relationship and had gained their trust, they convinced the victims, under false pretenses, to transfer money to bank accounts the victims believed were controlled by their romantic interests, when, in fact, the bank accounts were controlled by members of the Enterprise.
MONTRAGE is a Ghanaian public figure who rose to fame as an influencer through her Instagram profile under the username “Hajia4Reall,” which at one point had approximately 3.4 million Instagram followers and was among the top 10 most followed profiles in Ghana.
MONTRAGE received money from approximately forty victims of romance frauds, whom members of the Enterprise tricked into sending money. Among the false pretenses used to induce victims to send money to MONTRAGE were payments to transport gold to the U.S. from overseas, payments to resolve a fake Federal Bureau of Investigation (“FBI”) investigation, and payments to assist a fake U.S. Army officer in receiving funds from Afghanistan.
In total, MONTRAGE controlled bank accounts that received over $2 million in fraudulent funds for the Enterprise.
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In addition to the prison term, MONTRAGE, 32, of Accra, Ghana, was sentenced to three years of supervised release and order to forfeit $216,475 and pay restitution in the amount of $1,387,458.
Mr. Williams praised the outstanding work of the FBI.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Mitzi Steiner and Kevin Mead are in charge of the prosecution.
Statement of U.S. Attorney Damian Williams on the Conviction of William WashingtonRead the Press Release
“Today, Doctor William Washington was found guilty by a unanimous jury of engaging in a widespread scheme to defraud the NBA Players’ Health and Welfare Benefits Plan. This scam by former players — some who earned tens of millions in successful NBA careers — and health care providers caused a loss of over $5 million to the health care benefit plan. The players and doctors who engaged in this audacious scheme clearly thought it would go unnoticed — they were wrong. Washington now stands convicted of federal crimes for facilitating fraud and betraying his oath as a health care provider.”
Adult Film Actor Justin Heath Smith, a/k/a “Austin Wolf,” Charged with Distribution of Child PornographyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the arrest of JUSTIN HEATH SMITH, an adult film actor who uses the stage name “Austin Wolf.” SMITH is charged with sending and receiving hundreds of videos of child pornography via the Telegram application. Those videos depicted children as young as infants, including a video showing a 10-year-old child bound and raped. In addition to sharing child pornography via Telegram, SMITH is also charged with possessing hundreds of additional videos containing child pornography in his Manhattan apartment. SMITH will be presented later today before U.S. Magistrate Judge Robyn F. Tarnofsky in Manhattan federal court.
U.S. Attorney Damian Williams said: “As alleged, Justin Heath Smith received and distributed hundreds of recordings containing child pornography, including a ghastly video showing a young child bound, beaten, and raped. Our investigation into Smith is ongoing, and we urge anyone with information about Smith’s conduct to call the FBI at 1-800-CALL-FBI. Together with our law enforcement partners, we will relentlessly pursue those predators who victimize children and prosecute them to the fullest extent of the law.”
FBI Assistant Director in Charge James Smith said: “I want to make it clear: those who distribute child sexual abuse images prey upon the most vulnerable in our society. Each image is a crime scene, leaving lasting scars on innocent victims. The FBI is relentless in our pursuit of these perpetrators. We will track them down, arrest them, and ensure they face justice for the harm they cause.”
According to the allegations contained in the Complaint:[1]
Between March 24 and March 28, 2024, SMITH, using an anonymous Telegram account, exchanged hundreds of videos containing child pornography with another individual whose phone was later seized and searched by the FBI pursuant to a search warrant.
An undercover FBI agent subsequently began a conversation with SMITH’s anonymous Telegram account. In the course of those conversations, SMITH revealed details that confirmed his identity.
On April 21, 2024, the FBI executed a search warrant at SMITH’s Manhattan apartment, which revealed an SD card with hundreds of videos containing child pornography.
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SMITH, 43, of New York, New York, is charged with one count of distribution and receipt of child pornography, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison, and one count of possession of child pornography, which carries a maximum sentence of 10 years in prison.
The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI. Mr. Williams urged anyone who has additional information about SMITH’s conduct to call the FBI at 1-800-CALL-FBI or to submit a tip at tips.fbi.gov.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Getzel Berger is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
New York Man Arrested for Trafficking Guns, Machinegun Conversion Devices, and NarcoticsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”); Daniel B. Brubaker, the Inspector in Charge of the New York Division of the U.S. Postal Inspection Service ("USPIS"); and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced today the arrest of CALEB ECCLES-GONSALVES in connection with his sale and distribution of firearms, machinegun conversion devices (“MCDs”), silencers, ammunition, and narcotics. ECCLES-GONSALVES was arrested this morning in St. Petersburg, Florida, and will be presented later today in the U.S. District Court for the Middle District of Florida. The case is assigned to U.S. District Judge Richard M. Berman.
U.S. Attorney Damian Williams said: “As alleged, Caleb Eccles-Gonsalves participated in a scheme to illegally traffic various contraband into and around New York City, including guns, narcotics, and gun accessories like machinegun conversion devices, silencers, and ammunition. Machinegun conversion devices are particularly dangerous gun accessories that turn ordinary firearms into fully automatic weapons. Removing these extraordinarily dangerous devices from our streets is an important law enforcement goal, and we will continue working diligently with our law enforcement partners to keep these devices and other illegal guns out of New York City.”
HSI Special Agent in Charge Ivan J. Arvelo said: “As alleged, the defendant trafficked illicit high-powered weapons, accessories, and ghost guns and in turn overlooked the incalculable dangers posed to the public. HSI New York is committed to working with law enforcement partners to confront violent crime and its underlying causes directly. I commend HSI’s Violent Gang Task Force, the New York Police Department, and the U.S. Attorney’s Office for the Southern District of New York for our shared dedication to removing illegal guns from our streets.”
USPIS Inspector in Charge Daniel B. Brubaker said: “The defendants allegedly used the U.S. Mail to traffic and distribute illegal firearms and other contraband in New York City without any regard for public safety in our communities. The United States Postal Inspection Service will continue to aggressively pursue and investigate anyone who attempts to use the mail to encourage gun violence and ongoing drug use in our communities. Combating these illegal activities will always be a priority for postal inspectors. I commend our partners in the NYPD, HSI, and the U. S. Attorney’s Office for the Southern District of New York for their collaborative efforts on this investigation.”
NYPD Commissioner Edward A. Caban said: “These charges punctuate that the manufacturing and trafficking of fully assembled untraceable ghost guns, as well as their component parts, is among the most pressing public safety concerns in New York City today. NYPD investigators and our federal partners will continue to vigorously pursue these types of cases in order to deliver on our promise to keep all New Yorkers safe, and to hold accountable anyone who allegedly involves themselves in this illicit trade.”
According to the allegations in the Indictment unsealed today in Manhattan federal court, as well as publicly filed court documents and statements at public court proceedings:1
From about July 2023 up to and including June 2024, ECCLES-GONSALVES participated in a conspiracy to sell at least two MCDs, multiple firearms — including a privately manufactured “ghost” gun (depicted below) — and narcotics. An MCD is a combination of parts that, when installed on a semiautomatic firearm, enables the firearm to automatically shoot more than one shot, without manual reloading, by a single function of the trigger. A “ghost” gun is an unserialized, privately manufactured firearm that is difficult to trace and typically constructed from a kit.
ECCLES-GONSALVES and his co-conspirators used the U.S. Postal Service (“USPS”) to ship MCDs as well as firearms from Florida to New York. In addition, ECCLES-GONSALVES advertised multiple guns, including at least one rifle, as available for sale. Law enforcement seized USPS parcels during the course of the investigation and seized, among other things, a privately manufactured “ghost” gun, a silencer, an MCD, ammunition, and magazines. A photo of a "ghost gun" and silencer seized from a USPS parcel during the course of this investigation is copied below:
At the time of his arrest today, law enforcement officers executed a search warrant in the home in which ECCLES-GONSALVES was staying in St. Petersburg, Florida. During the search, as depicted below, law enforcement officers recovered, among other things, 13 firearms, magazines, ammunition, and a lower receiver.
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ECCLES-GONSALVES, 29, of Brooklyn, New York, is charged with conspiracy to possess and transfer a machinegun, which carries a maximum potential sentence of five years in prison; possession and transfer of a machinegun, which carries a maximum potential sentence of 10 years in prison; conspiracy to engage in the unlicensed business of dealing in firearms, which carries a maximum potential sentence of five years in prison; and narcotics distribution, which carries a maximum potential sentence of 20 years in prison.
The maximum potential sentences are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding work of HSI, the NYPD, and USPIS.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Ashley C. Nicolas and Timothy Ly are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
1 As the introductory phrase signifies, the entirety of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Clay Woman Sentenced to 6 Years for Drug ConspiracyRead the Press Release
SYRACUSE, NEW YORK – Lauren Roosa, age 39, formerly of Clay, New York, was sentenced today to 72 months in federal prison for her role in a drug-trafficking organization that distributed methamphetamine in Onondaga County and elsewhere in Central New York.
The announcement was made by United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
As part of her prior guilty plea, Roosa admitted that from approximately January 2020 through at least April 2021, she conspired with others to distribute methamphetamine in Central New York, which had been transported from California. Roosa further admitted that she agreed to receive shipments of methamphetamine at her residence in Clay, New York, which had been sent via commercial delivery service by coconspirators. One of these shipments contained 879 grams of pure methamphetamine. Roosa also acknowledged that she knew that a coconspirator had stored methamphetamine at a small convenience store in Syracuse, New York, which included 405 grams of pure methamphetamine seized by law enforcement, and that the $17,460 in U.S. currency also seized from that location was drug proceeds.
United States District Judge David N. Hurd also ordered Roosa to serve a 3-year term of supervised release to follow her release from prison, and the forfeiture of a total of $22,010 seized currency.
This case was investigated by DEA, U.S. Internal Revenue Service Criminal Investigation (IRS-CI), New York State Police-Violent Gang and Narcotics Enforcement Team (NYSP-VGNET), Onondaga County Sheriff’s Office, Onondaga County District Attorney’s Office, Syracuse Police Department, Oklahoma City Police Department, San Bernardino County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Matthew J. McCrobie.
Bronx Daycare Provider Sentenced to 25 Years in Prison for Sexual Exploitation of A Child and Producing Child PornographyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that SILFREDO CASTILLO MARTINEZ was sentenced today to 25 years in prison for producing child pornography with a minor victim who was under his watch in the Bronx daycare CASTILLO MARTINEZ owned and operated. On March 21, 2024, CASTILLO MARTINEZ pled guilty to sexual exploitation of a child and production of child pornography before U.S. District Judge Paul A. Engelmayer, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Silfredo Castillo Martinez exploited the trust placed in him as a daycare provider by sexually abusing one of the minor children under his care and recording that abuse. This lengthy prison sentence holds Castillo Martinez accountable for his horrific crimes and the extraordinary harm and trauma he caused.”
According to the allegations contained in the Superseding Information and the Complaint:
From about July 2015 through about May 3, 2022, CASTILLO MARTINEZ operated a licensed daycare facility for children at his residence in the Bronx, New York (the “Daycare Facility”).
From about May 2018 through about July 2018, CASTILLO MARTINEZ induced an 11-year-old minor (“Minor Victim-1”) who attended the Daycare Facility to engage in sexually explicit conduct with him at the Daycare Facility while CASTILLO MARTINEZ recorded that conduct on his cellphone and camera.
On about May 3, 2022, law enforcement agents executed a search warrant at CASTILLO MARTINEZ’s residence and seized several electronic devices belonging to CASTILLO MARTINEZ. Those devices contained, among other things, several images and a video containing child pornography depicting Minor Victim-1 and approximately 9,800 other images depicting child pornography.
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In addition to his prison term, CASTILLO MARTINEZ, 34, of the Bronx, New York, was sentenced to a lifetime of supervised release.
Mr. Williams praised the outstanding investigative work of the U.S. Secret Service’s Internet Crimes Against Children Task Force, the Federal Bureau of Investigation, and the New York City Police Department. Mr. Williams also thanked the Bronx County District Attorney’s Office for its assistance.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Jackie Delligatti is in charge of the prosecution.
U.S. Attorney Announces Settlement of Civil Fraud Lawsuit Against VNS Health and Related Entities for Billing for Services They Failed to Provide or DocumentRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Naomi Gruchacz, the Special Agent in Charge of the New York Regional Office of the Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), announced today that the United States has settled a civil fraud lawsuit against VISITING NURSE SERVICE OF NEW YORK d/b/a VNS HEALTH, VISITING NURSE SERVICE OF NEW YORK HOME CARE II d/b/a VISITING NURSE SERVICE OF NEW YORK HOME CARE, and VNS HEALTH BEHAVIORAL HEALTH, INC. (collectively, “VNS”).
VNS, which operates one of the largest non-profit home and community-based health care organizations in the U.S., is licensed by the New York State Office of Mental Health (“OMH”) to serve as an Assertive Community Treatment (“ACT”) Program provider. The settlement resolves claims that VNS violated the False Claims Act by fraudulently billing Medicaid for services that it either failed to provide or failed to document to persons with serious mental illness at the ACT Program VNS operated in Far Rockaway, Queens (the “VNS Far Rockaway ACT Program”). Specifically, the settlement resolves claims that from January 1, 2014, through December 31, 2018, VNS submitted or caused to be submitted false claims to Medicaid for monthly payments for 103 patients at the VNS Far Rockaway ACT Program who did not receive the full array of services that VNS was required to provide under the ACT Program or for whom VNS did not adequately or timely document provision of such services in accordance with applicable regulations or the ACT guidelines.
Under the settlement approved June 25, 2024, by U.S. District Judge Paul A. Engelmayer, VNS will pay the U.S. $381,766.59 and has admitted and accepted responsibility for conduct alleged in the U.S. Complaint. VNS has also agreed to pay the State of New York $572,649.89 to resolve state law claims for a total combined recovery of $954,416.48.
U.S. Attorney Damian Williams said: “The patients with serious mental illness who were receiving services from VNS’s Far Rockaway location deserved better. These individuals needed, and Medicaid agreed to pay for, a full suite of monthly support services so that they could better manage their disabilities. This Office will hold health care providers accountable when they fail to provide the necessary services that the federal and state governments are paying for.”
HHS-OIG Special Agent in Charge Naomi Gruchacz said: “As an Assertive Community Treatment Program in the State of New York, the defendants obtained funds from the Medicaid program to which they were not entitled because they did not record or provide appropriate services to a vulnerable patient population. Individuals and entities that participate in the federal health care system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients.”
As alleged in the Complaint filed in Manhattan federal court:
VNS, as an ACT Program provider, receives monthly payments from Medicaid for each patient enrolled in its ACT Program. In order to receive these payments, VNS must comply with certain regulations and guidelines promulgated by OMH, as well as their own contractual agreements with OMH.
However, in violation of these regulations, guidelines, and contractual agreements, VNS repeatedly failed to provide or document essential services to 103 patients at the VNS Far Rockaway ACT Program. Specifically, VNS repeatedly failed to complete intake forms and/or conduct initial assessments, failed to complete immediate needs assessments, failed to complete service plans, failed to provide and/or record monthly psychiatric visits, and failed to record progress notes.
As part of the settlement, VNS admitted and accepted responsibility for certain conduct alleged by the U.S. in its Complaint, including the following:
▪ Intake Forms and Initial Assessments: Intake forms and initial assessments record necessary background information about the patient, inform subsequent treatment, and set a baseline for improvement while the patient is in the program. In multiple instances and contrary to the ACT guidelines, VNS failed to complete intake forms and/or initial assessments for patients enrolled in the VNS Far Rockaway ACT Program, failed to complete intake forms and/or initial assessments in a timely manner, or failed to provide the necessary supervisory review and approval of intake forms and/or initial assessments.
▪ Immediate Needs Assessments: Immediate needs assessments are used to determine patient needs as to safety/dangerousness, food, clothing, shelter, and medical needs. In multiple instances and contrary to the ACT guidelines, VNS failed to complete immediate needs assessments for patients enrolled in the VNS Far Rockaway ACT Program, failed to complete immediate needs assessments in a timely manner, or failed to provide the necessary supervisory review and approval of immediate needs assessments.
▪ Comprehensive Assessments: Comprehensive assessments provide a necessary baseline to provide services and are updated to reflect the patient’s changing needs over time. In multiple instances and contrary to the ACT guidelines, VNS failed to complete comprehensive assessments for patients enrolled in the VNS Far Rockaway ACT Program, failed to complete comprehensive assessments in a timely manner, or failed to provide the necessary supervisory review and approval of comprehensive assessments.
▪ Service Plan: Service plans set forth specific objectives and planned services necessary to facilitate achievement of the patient’s recovery goals. In multiple instances and contrary to the ACT guidelines, VNS failed to complete service plans for patients enrolled in the VNS Far Rockaway ACT Program, failed to complete service plans in a timely manner, or failed to provide the necessary supervisory review and approval of service plans.
▪ Psychiatric Visits: In multiple instances and contrary to the ACT guidelines, VNS failed to document psychiatric visits for patients enrolled in the VNS Far Rockaway ACT Program.
▪ Progress Notes: Progress notes document service contacts and attempted contacts, progress or lack of progress toward goals, and significant events. In multiple instances and contrary to the ACT guidelines, VNS failed to record progress notes for patients enrolled in the VNS Far Rockaway ACT Program until several days or even weeks after the contact with the patient. In addition, VNS sought and received payment at the full monthly level even though, based on the progress notes, they were entitled only to partial payment based on the number of documented contacts with the patient.
In connection with the filing of the lawsuit and settlement, the Government joined a private whistleblower lawsuit that had been filed under seal pursuant to the False Claims Act.
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Mr. Williams thanked HHS-OIG and the New York Medicaid Fraud Control Unit for their assistance with this case.
The case is being handled by the Office’s Civil Frauds Unit. Assistant U.S. Attorney David J. Kennedy is in charge of the case.
Juan Orlando Hernández, Former President of Honduras, Sentenced to 45 Years in Prison for Conspiring to Distribute More Than 400 Tons of Cocaine and Related Firearms OffensesRead the Press Release
The former president of Honduras, Juan Orlando Hernández, 55, also known as JOH, was sentenced today to 540 months in prison and 60 months of supervised release for cocaine importation and related weapons offenses. The former two-term president was in office until weeks before his extradition to the United States in April 2022. Hernández was convicted on March 8 following a three-week jury trial.
“As President of Honduras, Juan Orlando Hernández abused his power to support one of the largest and most violent drug trafficking conspiracies in the world, and the people of Honduras and the United States bore the consequences,” said Attorney General Merrick B. Garland. “Thanks to the diligent work of the Justice Department’s agents and prosecutors, Hernández will now spend more than four decades in prison. The Justice Department will hold accountable all those who engage in violent drug trafficking, regardless of how powerful they are or what position they hold.”
“The Drug Enforcement Administration (DEA) is relentlessly focused on dismantling drug trafficking organizations that threaten the safety and health of the American people,” said DEA Administrator Anne Milgram. “Former Honduran President Juan Orlando Hernández financed his political career with drug trafficking profits and abused his authority as President of Honduras to traffic hundreds of tons of cocaine to the United States. Let me be clear, political actors who use their power to traffic in drugs and corruption will be brought to justice in the United States.”
“As the former two-term president of Honduras, Juan Orlando Hernández had every opportunity to affect positive change for his country," said U.S. Attorney Damian Williams for the Southern District of New York. "Instead, Hernández helped to facilitate the importation of an almost unfathomable 400 tons of cocaine to this country: billions of individual doses sent to the United States with the protection and support of the former president of Honduras. Now, after years of destructive narco-trafficking of the highest imaginable magnitude, Hernández will spend 45 years where he belongs: in federal prison.”
According to court documents, from at least in or about 2004, up to and including in or about 2022, Hernández, the former two-term president of Honduras and former president of the Honduran National Congress, was at the center of one of the largest and most violent drug-trafficking conspiracies in the world. During his political career, Hernández abused his powerful positions and authority in Honduras to facilitate the importation of over 400 tons of cocaine into the U.S. Hernández’s co-conspirators were armed with machine guns and destructive devices, including AK-47s, AR-15s, and grenade launchers, which they used to protect their massive cocaine loads as they transited across Honduras on their way to the United States, protect the money they made from the eventual sale of this cocaine, and guard their drug-trafficking territory from rivals. Hernández received millions of dollars of drug money from some of the largest and most violent drug-trafficking organizations in Honduras, Mexico, and elsewhere, and used those bribes to fuel his rise in Honduran politics. In turn, as Hernández rose to power in Honduras, he provided increased support and protection for his co-conspirators, allowing them to move mountains of cocaine, commit acts of violence and murder, and help turn Honduras into one of the most dangerous countries in the world.
During his time in office, Hernández publicly promoted legislation and the efforts he purported to undertake in support of anti-narcotics measures in Honduras. At the same time, he protected and enriched the drug traffickers in his inner circle and those who provided him with cocaine-fueled bribes that allowed him to obtain and stay in power in Honduras. For example, Hernández selectively upheld extraditions by supporting and taking credit for extraditions to the United States of certain drug traffickers who threatened his grip on power, while at the same time promising drug traffickers who bribed him and followed his instructions that they would remain safe in Honduras. In addition, Hernández and his co-conspirators abused Honduran institutions, including the Honduran National Police and Honduran military, to protect and grow their conspiracy. Among other things, members of the conspiracy used heavily armed Honduran National Police officers to protect their cocaine loads as they transited through Honduras towards the United States for eventual distribution. Members of the conspiracy also turned to violence and murder to protect and grow their drug trafficking enterprise, attacking and murdering rival traffickers and those who threatened their grip on the Honduran cocaine trade.
Several of Hernández’s co-conspirators have already been convicted and sentenced in connection with this investigation. Among others, Hernández’s brother, Juan Antonio Hernández Alvarado, also known as Tony Hernández, was convicted after trial in October 2019 and sentenced to life in prison, and Geovanny Fuentes Ramirez, a violent cocaine trafficker who met with Hernández on multiple occasions to discuss their drug trafficking partnership, was convicted after trial in March 2021 and sentenced to life in prison. Juan Carlos Bonilla Valladares, also known as El Tigre, the former chief of the Honduran National Police, pleaded guilty to his participation in the cocaine importation conspiracy and is scheduled to be sentenced on Aug. 1, and Mauricio Hernández Pineda, a former member of the Honduran National Police and Hernández’s cousin, pleaded guilty to his participation in the cocaine importation conspiracy and is scheduled to be sentenced on July 2.
In total, Hernández and his co-conspirators trafficked more than 400 tons of U.S.-bound cocaine through Honduras during Hernández’s tenure in the Honduran government. This amounts to well over approximately 4.5 billion individual doses of cocaine.
The DEA investigated the case.
The Justice Department’s Office of International Affairs provided valuable assistance in securing Hernández’s arrest and extradition.
Trial Attorneys Andrea Broach and Jessica Fender of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Jacob H. Gutwillig, David J. Robles, Elinor L. Tarlow, and Kyle A. Wirshba for the Southern District of New York prosecuted the case.
Juan Orlando Hernandez, Former President of Honduras, Sentenced to 45 Years in Prison for Conspiring to Distribute More Than 400 Tons of Cocaine and Related Firearms OffensesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Merrick B. Garland, the Attorney General of the United States; and Anne Milgram, the Administrator of the U.S. Drug Enforcement Administration (“DEA”), announced that JUAN ORLANDO HERNANDEZ, a/k/a “JOH,” was sentenced today to 45 years in prison for cocaine importation and related weapons offenses. HERNANDEZ is the former two-term president of Honduras and was in office until weeks before his extradition to the U.S. in April 2022. HERNANDEZ was convicted on March 8, 2024, following a three-week jury trial before U.S. District Judge P. Kevin Castel, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “As the former two-term president of Honduras, Juan Orlando Hernandez had every opportunity to affect positive change for his country. Instead, Hernandez helped to facilitate the importation of an almost unfathomable 400 tons of cocaine to this country: billions of individual doses sent to the United States with the protection and support of the former president of Honduras. Now, after years of destructive narco-trafficking of the highest imaginable magnitude, Hernandez will spend 45 years where he belongs: in federal prison.”
Attorney General Merrick B. Garland said: “As President of Honduras, Juan Orlando Hernandez abused his power to support one of the largest and most violent drug trafficking conspiracies in the world, and the people of Honduras and the United States bore the consequences. Thanks to the diligent work of the Justice Department’s agents and prosecutors, Hernandez will now spend more than four decades in prison. The Justice Department will hold accountable all those who engage in violent drug trafficking, regardless of how powerful they are or what position they hold.”
DEA Administrator Anne Milgram said: “DEA is relentlessly focused on dismantling drug trafficking organizations that threaten the safety and health of the American people. Former Honduran President Juan Orlando Hernandez financed his political career with drug trafficking profits and abused his authority as President of Honduras to traffic hundreds of tons of cocaine to the United States. Let me be clear, political actors who use their power to traffic in drugs and corruption will be brought to justice in the United States.”
As reflected in the Superseding Indictment, other filings in Manhattan federal court, evidence at trial, and statements made in court proceedings:
From at least in or about 2004, up to and including in or about 2022, HERNANDEZ, the former two-term president of Honduras and former president of the Honduran National Congress, was at the center of one of the largest and most violent drug-trafficking conspiracies in the world. During his political career, HERNANDEZ abused his powerful positions and authority in Honduras to facilitate the importation of over 400 tons of cocaine into the U.S. HERNANDEZ’s co-conspirators were armed with machine guns and destructive devices, including AK-47s, AR-15s, and grenade launchers, which they used to protect their massive cocaine loads as they transited across Honduras on their way to the U.S., protect the money they made from the eventual sale of this cocaine, and guard their drug-trafficking territory from rivals. HERNANDEZ received millions of dollars of drug money from some of the largest and most violent drug-trafficking organizations in Honduras, Mexico, and elsewhere, and used those bribes to fuel his rise in Honduran politics. In turn, as HERNANDEZ rose to power in Honduras, he provided increased support and protection for his co-conspirators, allowing them to move mountains of cocaine, commit acts of violence and murder, and help turn Honduras into one of the most dangerous countries in the world.
During his time in office, HERNANDEZ publicly promoted legislation and the efforts he purported to undertake in support of anti-narcotics measures in Honduras. At the same time, he protected and enriched the drug traffickers in his inner circle and those who provided him with cocaine-fueled bribes that allowed him to obtain and stay in power in Honduras. For example, HERNANDEZ selectively upheld extraditions by supporting and taking credit for extraditions to the U.S. of certain drug traffickers who threatened his grip on power, while at the same time promising drug traffickers who bribed him and followed his instructions that they would remain safe in Honduras. In addition, HERNANDEZ and his co-conspirators abused Honduran institutions, including the Honduran National Police and Honduran military, to protect and grow their conspiracy. Among other things, members of the conspiracy used heavily armed Honduran National Police officers to protect their cocaine loads as they transited through Honduras towards the U.S. for eventual distribution. Members of the conspiracy also turned to violence and murder to protect and grow their drug trafficking enterprise, attacking and murdering rival traffickers and those who threatened their grip on the Honduran cocaine trade.
Several of HERNANDEZ’s co-conspirators have already been convicted and sentenced in connection with this investigation. Among others, HERNANDEZ’s brother, Juan Antonio Hernandez Alvarado, a/k/a “Tony Hernandez,” was convicted after trial in October 2019 and sentenced to life in prison, and Geovanny Fuentes Ramirez, a violent cocaine trafficker who met with HERNANDEZ on multiple occasions to discuss their drug trafficking partnership, was convicted after trial in March 2021 and sentenced to life in prison. Juan Carlos Bonilla Valladares, a/k/a “El Tigre,” the former chief of the Honduran National Police, pled guilty to his participation in the cocaine importation conspiracy and is scheduled to be sentenced on August 1, 2024, and Mauricio Hernandez Pineda, a former member of the Honduran National Police and HERNANDEZ’s cousin, pled guilty to his participation in the cocaine importation conspiracy and is scheduled to be sentenced on July 2, 2024.
In total, HERNANDEZ and his co-conspirators trafficked more than 400 tons of U.S.-bound cocaine through Honduras during HERNANDEZ’s tenure in the Honduran government.
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In addition to the prison term, HERNANDEZ, 55, of Honduras, was sentenced to five years of supervised release and ordered to pay a fine of $8 million.
Mr. Williams praised the outstanding efforts of the DEA’s Special Operations Division Bilateral Investigations Unit, the Organized Crime Drug Enforcement Task Forces’ (“OCDETF”) New York Strike Force, and Tegucigalpa Country Office, as well as the U.S. Department of Justice’s Office of International Affairs and the National Security Division’s Counterterrorism Section.
The OCDETF New York Strike Force provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The specific mission of the New York Strike Force is to target, disrupt, and dismantle drug trafficking and money laundering organizations, reduce the illegal drug supply in the U.S., and bring criminals to justice.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Jacob H. Gutwillig, David J. Robles, Elinor L. Tarlow, and Kyle A. Wirshba are in charge of the prosecution, with assistance from Trial Attorneys Andrea Broach and Jessica Fender of the National Security Division’s Counterterrorism Section.
Newburgh Man Sentenced to Life in Prison for Coercion and Enticement of A Minor, Aggravated Sexual Assault, and Traveling with Intent to Engage in Sexual Activity with A MinorRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that VERNON E. COPELAND III was sentenced to life in prison by U.S. District Judge Kenneth M. Karas for his years-long aggravated sexual assault, enticement, and transportation of a minor. COPELAND was convicted of coercion and enticement of a minor, aggravated sexual abuse, and transportation of a minor with intent to engage in sexual activity following a week-long jury trial in July 2023.
U.S. Attorney Damian Williams said: “For years, Vernon E. Copeland III preyed on some of the most defenseless members of our community. Four of his victims, one of whom was just nine years old when Copeland began abusing her, faced him at trial and courageously told their harrowing stories. This lengthy prison sentence finally holds Copeland accountable for his horrific crimes and the devastating harm and trauma he caused to minor victims and their families.”
According to court documents and the evidence presented at trial:
In a motel on Thanksgiving Day in 2004, COPELAND raped two minors, one of whom was 17 at the time and another of whom was 15 at the time. In 2010, COPELAND raped another minor who was 16 at the time in an apartment in Newburgh, New York. From 2016 to 2020, COPELAND repeatedly raped and sexually abused a girl when she was between the ages of 9 and 13 years old. In 2020, COPELAND fled the State of New York when he suspected that law enforcement might be closing in on him. In 2021, he was arrested in Florida and brought back to the Southern District of New York to be prosecuted.
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In addition to the prison term, COPELAND, 39, of Newburgh, New York, was sentenced to lifetime supervised release.
Mr. Williams praised the outstanding efforts of the Federal Bureau of Investigation, Hudson Valley Safe Streets Task Force, the Town of Newburgh Police Department, and the Tampa Police Department in Tampa, Florida, in connection with this investigation.
The prosecution is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Danielle Sassoon and Timothy Ly, with assistance from former U.S. Attorney Lindsey Keenan, are in charge of the prosecution.
New York and Florida Women Arrested for Defrauding over A Dozen Victims of More Than $7 Million in Connection with Romance ScamsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of a Complaint charging ROSANNA LISA STANLEY and GINA GUY for their roles in a series of romance schemes and for laundering the proceeds of those schemes. STANLEY was arrested in North Miami Beach, Florida, and will be presented in federal court in the Southern District of Florida later today. GUY was arrested in New York, New York, and will be presented in Manhattan federal court later today before U.S. Magistrate Judge Robyn F. Tarnofsky.
U.S. Attorney Damian Williams said: “As alleged, Rosanna Lisa Stanley and Gina Guy callously defrauded elderly victims who were simply looking for companionship. They allegedly used the millions of dollars in fraud proceeds to lead lives of luxury at their victims’ expense. As today’s arrests demonstrate, perpetrators of romance scams will be held to account for their crimes.”
FBI Assistant District in Charge James Smith said: “Gina Guy and Rosanna Lisa Stanley allegedly took advantage of innocent individuals seeking companionship and exploited them for their own benefit. Collecting millions of dollars from their victims, the perpetrators allegedly gained and betrayed the trust of primarily elderly individuals to fund their luxury purchases. The FBI is committed to ensuring those who capitalize on personal connections for selfish reasons are brought to justice and prevented from repeating their crimes.”
According to the allegations contained in the Complaint:[1]
STANLEY, from about 2009 to about 2024, and GUY, from about 2020 to about 2024, defrauded at least 16 victims (the “Victims”) of more than $7 million. As part of that scheme, STANLEY and GUY lured the Victims, who were nearly all elderly individuals, into purported romantic or close personal relationships through in-person meetings, phone calls, text messages, and an online dating platform. After earning the Victims’ trust, STANLEY and GUY convinced the Victims to transfer money to STANLEY and GUY under false pretenses, including by, among other things, falsely representing that STANLEY and GUY needed money for fake businesses and organ transplants. Once STANLEY and GUY received the Victims’ money, they moved the money through shell company bank accounts to avoid detection by law enforcement. Ultimately, STANLEY and GUY used the money for their personal benefit, including, for example, for luxury vehicles, a boat, high-end jewelry, and other luxury products.
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STANLEY, 48, of North Miami Beach, Florida, and GUY, 37, of New York, New York, are each charged with one count of wire fraud, one count of conspiracy to commit wire fraud, one count of money laundering, and one count of conspiracy to commit money laundering, each of which carries a maximum sentence of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Diarra M. Guthrie and Lauren Phillips are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Leader of Money Laundering and Bank Fraud Ring Sentenced to Seven Years in PrisonRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ADEDAYO JOHN was sentenced today by U.S. District Judge Loretta A. Preska to seven years in prison for his role as a leader of a money laundering and bank fraud ring that laundered millions of dollars in proceeds derived from business email compromises and romance fraud schemes impacting more than 50 victims. JOHN previously pled guilty to one count of conspiracy to commit money laundering and one count of conspiracy to commit bank fraud on January 4, 2024. In total, 11 defendants have pled guilty for their roles in the money laundering and bank fraud schemes.
U.S. Attorney Damian Williams said: “The defendants in this case have acknowledged their roles as part of a criminal enterprise that not only defrauded businesses by assuming the online identities of legitimate entities, but also preyed on elderly people, deceiving victims into sending money in phony romance scams. As a leader of the scheme, Adedayo John played a particularly important role in the enterprise and victimization of individuals and companies across the country. Today’s sentence ensures that he will be held accountable for his actions.”
According to the Indictment and other court documents:
JOHN, OLUWADAMILOLA AKINPELU, KAZEEM RAHEEM, MORAKINYO GBEYIDE, WARRIS ADENUGA, a/k/a “Blue,” SMART AGUNBIADE, LATEEF GOLOBA, SAMSONDEEN GOLOBA, OLAWOYIN PETER OLAREWAJU, EMMANUEL ORONSAYE-AJAYI, and ARAMIWALE SHITTU (collectively, the “defendants”) participated in either a money laundering conspiracy, a bank fraud conspiracy, or both, which received funds stolen from victims.
Victims were typically defrauded in one of two ways. In some instances, business email compromise fraud schemes were used to trick businesses into transferring funds to bank accounts the victims believed were under the control of legitimate recipients of the funds as part of normal business operations, when in fact the bank accounts were under the control of the defendants or their co-conspirators. In other instances, romance scams were used, primarily through electronic messages sent via email, text messaging, social media, or online dating websites, to deceive victims – many of whom were older men and women – into believing they were in romantic relationships with fake identities, and then using false pretenses to cause the victims to transfer funds to bank accounts controlled by the defendants or their co-conspirators.
As a result of these frauds, law enforcement officers have identified transfers of more than $19 million into bank accounts under the control of the defendants.
JOHN was a leader of the U.S.-based members of the business email compromises and romance fraud schemes. JOHN directed other members of the conspiracy to open new bank accounts and/or to be ready to receive money that was going to be sent from others, and he assisted members with procuring fake passports and other identification documents in order to open fraudulent bank accounts. JOHN also attempted to facilitate the delivery of flowers to a victim of one of the the romance scams. As part of the scheme, approximately $4.5 million in fraud proceeds passed through bank accounts opened and/or controlled by JOHN, and JOHN led a group of individuals based in the U.S. for whom approximately $19 million in fraud proceeds passed through their bank accounts.
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In addition to the prison term, JOHN, 35, of Katy, Texas, was sentenced to three years of supervised release and ordered to forfeit $4,513,438.23 and two vehicles. He was also ordered to pay restitution in the amount of $1,561,562.95. In total, the defendants in this case were ordered to forfeit over $25 million in fraud proceeds and pay over $8 million in restitution.
Mr. Williams praised the outstanding investigative work of the U.S. Secret Service.
The case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Connie Dang, Kaylan Lasky and Matthew Weinberg are in charge of the prosecution.
Christopher Reese Charged with Defrauding Criminal Defendants Through His Unauthorized Practice of LawRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that a grand jury has returned an Indictment charging CHRISTOPHER REESE, a/k/a “Christopher Eugene Thomas,” with federal crimes related to his tricking federal criminal defendants and their family members into paying REESE, who is not a lawyer, to perform unlicensed legal services for them in federal courts. REESE is already in federal custody in connection with a separate case. The case is assigned to U.S. District Judge Valerie E. Caproni.
U.S. Attorney Damian Williams said: “As alleged in a criminal indictment, Christopher Reese sought to profit off the hopes and anxieties of criminal defendants and their families while abusing federal courts for his own financial gain. Reese allegedly tricked people into paying him for legal services he wasn’t authorized to provide, and after promising he could get inmates out of prison time and time again, the only thing Reese achieved was taking money for himself. It’s time for Reese’s alleged fraud on defendants, their families, and the courts to end.”
According to the Indictment:[1]
For years, REESE has run a scam targeting federal inmates and their family members. To carry out his fraud scheme, REESE promised favorable results in criminal cases that he could not actually obtain, rendering legal services he was not authorized to provide in exchange for hefty fees. REESE styles himself as a “legal assistant” or “paralegal” but works without the supervision of a licensed lawyer and offers services that only a lawyer is authorized to provide, including drafting and submitting legal filings in federal courts. REESE brings in business by promising beneficial outcomes to prisoners and their family members that he cannot deliver while knowing — but failing to disclose — the unauthorized nature of his unlicensed legal practice.
REESE would induce victims — criminal defendants and their family members — to pay him thousands of dollars per legal filing. He would do this, for example, by promising that defendants would be “immediately released” based on motions REESE could file in exchange for fees in the thousands of dollars. Sometimes REESE would also offer a “money back guarantee” on his services, but when his motions inevitably failed, REESE would refuse to refund his fees. When his fraud succeeded, and inmates and their family members paid REESE to draft and file legal motions and briefs in federal cases, REESE engaged in the unauthorized practice of law by making a business of drafting and filing legal motions and briefs in federal cases, including cases heard by the U.S. District Court for the Southern District of New York and the U.S. Court of Appeals for the Second Circuit at 40 Foley Square in Manhattan, a federal enclave where New York State’s prohibition on the unauthorized practice of law applies via the Assimilative Crimes Act.
REESE has earned many thousands of dollars from this scheme, and in connection with the proceeds he earned from his legal-services scheme, REESE committed additional crimes. First, REESE was on supervised release in connection with a separate federal criminal case in this District during most of the scheme. In connection with his supervision, and in order to avoid paying criminal restitution that he owed, REESE made false statements to the U.S. Probation Office regarding his finances. Second, REESE laundered the proceeds of his scheme by using a co-conspirator who assisted him with the scheme to effectively act as a bank for him and engaging in financial transactions designed to conceal the source and movement of the fees REESE collected from his victims.
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REESE, 56, of East Meadow, New York, is charged with one count of conspiracy to commit wire fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison; one count of unauthorized practice of law in a federal enclave, which carries a maximum sentence of four years in prison; one count of making false statements to the U.S. Probation Office, which carries a maximum sentence of five years in prison; and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York.
The case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Josiah Pertz and Derek Wikstrom are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the Indictment and the descriptions of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
U.S. Attorney Announces Consent Decree with Westchester Drinking Water Provider and Three Municipalities for Violating the Federal Safe Drinking Water ActRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Todd Kim, the Assistant Attorney General for the Environment and Natural Resources Division of the Justice Department; David M. Uhlmann, the Assistant Administrator for the Office of Enforcement and Compliance Assurance of the Environmental Protection Agency (“EPA”); and Lisa F. Garcia, the Regional Administrator for Region 2 of the EPA, announced today that the United States filed a civil lawsuit against the WESTCHESTER JOINT WATER WORKS (“WJWW”), the TOWN/VILLAGE OF HARRISON, the VILLAGE OF MAMARONECK, and the TOWN OF MAMARONECK (collectively, “the defendants”), along with a Consent Decree resolving the case. The lawsuit alleges that the defendants violated the federal Safe Drinking Water Act (“SDWA”) in 2019 due to the presence of contaminants in the public water system in excess of the level set by EPA, and thereafter WJWW violated an EPA administrative order requiring the construction of a water filtration plant by specified deadlines. The Consent Decree requires the defendants to construct a drinking water filtration plant projected to cost $138 million, take steps to protect source water quality, and pay a $600,000 civil penalty to the United States.
U.S. Attorney Damian Williams said: “Public water systems have the critical responsibility of ensuring that our communities have safe drinking water. Thanks to today’s settlement, Westchester Joint Water Works will finally construct a long-delayed drinking water filtration facility to protect the Westchester County communities it serves.”
Assistant Attorney General Todd Kim said: “Today’s agreement kickstarts a path to ensuring a reliable and healthy source of water for 120,000 residents of Westchester County. The building of a much-needed water filtration plant will address the source of the Safe Drinking Water Act violations and will help secure the area’s long-term needs.”
EPA Assistant Administrator David Uhlmann said: “Everyone living in the United States deserves safe drinking water. Today’s agreement requires Westchester Joint Water Works to construct a new filtration system to prevent contaminated drinking water and to protect the quality of the water for a water system that serves multiple communities, including at least one that has been overburdened by environmental impacts. Westchester residents should expect nothing less.”
EPA Regional Administrator Lisa F. Garcia said: “WJWW will build a drinking water filtration plant that will ensure clean and safe drinking water for 120,000 people in Westchester County, immediately pay a $600,000 civil penalty to the federal government and implement a $900,000 Supplemental Environmental Project to improve source water quality through decreased stormwater discharge into the Kensico Reservoir. We are happy to partner with the State of New York to address this long-standing violation of the Safe Drinking Water Act and protect public health.”
According to the allegations of the Complaint, the Consent Decree filed with the Court, and other public records:
The defendants failed to ensure that the drinking water they supply to approximately 120,000 Westchester County residents complies with federal limits on potentially cancer-causing disinfection byproducts resulting from water treatment. Specifically, the defendants own and/or operate a public water system (the “WJWW Water System”). During the first, second, and third quarters of 2019, the WJWW Water System violated the SDWA and its Stage 2 Disinfectants and Disinfection Byproducts Rule (“Stage 2 DBPR”) because it supplied water exceeding legal limits for certain chemicals resulting from the disinfection process — specifically, five regulated haloacetic acids known as “HAA5.” Although the WJWW Water System has taken certain short-term measures to mitigate risk to its consumers, defendants have failed to implement necessary corrective actions — including WJWW’s failure to construct and operate a filtration plant required by an EPA administrative order.
Compliance with the SDWA is not only a public health necessity but also a matter of environmental justice. At least one of the municipalities relying on defendants’ drinking water is overburdened and underserved, facing disproportionate environmental and other burdens.
The United States’ lawsuit seeks an injunction compelling defendants to comply with the SDWA and EPA’s administrative order, including by constructing a filtration plant, and civil monetary penalties. The State of New York is contemporaneously joining the lawsuit to assert its own claims under state law and a previously entered state court judgment requiring the construction and operation of a filtration plant.
In the Consent Decree, the defendants admit, acknowledge, and accept responsibility for the following, among other matters:
- WJWW directly supplies water to approximately 60,000 individuals in the Town/Village of Harrison, the Village of Mamaroneck, and the Town of Mamaroneck, as well as portions of the City of Rye and the City of New Rochelle, and indirectly supplies drinking water to an additional approximately 60,000 residents of the Village of Larchmont, the City of Rye, the Village of Rye Brook, and the Village of Port Chester.
- EPA has set the “maximum contaminant level” for the five regulated disinfectant byproducts known as HAA5 at the level of 0.060 mg/L.
- In the first, second, and third quarters of 2019, the WJWW Water System contained water with levels of HAA5 in excess of 0.060 mg/L, as determined by testing performed by WJWW and reported to EPA.
- EPA issued an administrative order dated November 26, 2019, which required, among other things, that WJWW ensure the WJWW Water System’s compliance with the Stage 2 DBPR by constructing and operating a filtration plant by certain milestone dates. The administrative order required construction to commence by January 1, 2022.
- WJWW has not yet commenced construction of, and does not operate, a filtration plant.
The Consent Decree requires defendants to build and commence operation of a filtration plant by July 1, 2029. WJWW has publicly estimated the cost of the project to be $138 million. The Consent Decree also establishes various interim deadlines for the construction project and requires WJWW to continue to implement measures to ensure the safety of its water supply until the filtration plant is operational.
The Consent Decree also requires WJWW to pay a $600,000 civil penalty to the United States and to spend at least $900,000 on a supplemental environmental project to modify an extended detention basin in the Rye Lake portion of the Kensico Reservoir and manage invasive species in the area. This supplemental environmental project is expected to improve source water quality in the Reservoir by decreasing natural organic material and turbidity.
The Consent Decree resolves claims by New York to enforce a previous state judgment against WJWW for violating separate regulations requiring the implementation of filtration. In addition to the construction of the filtration facility, the defendants will pay New York a $650,000 civil penalty and spend at least $6,800,000 on two state water quality benefit projects.
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The Consent Decree is subject to public comment and approval by the Court. Notice of the proposed Consent Decree will be published in the Federal Register, and the public will have the opportunity to submit comments on the Consent Decree for a period of at least 30 days before the parties seek the Court’s approval.
Mr. Williams thanked the attorneys and enforcement staff at EPA Region 2 for their critical work on this matter. He also thanked the New York State Department of Health and the New York Attorney General’s Office for their collaboration.
This case is being handled by the Environmental Protection Unit of the Office’s Civil Division. Assistant U.S. Attorneys Samuel Dolinger and Tomoko Onozawa are in charge of the case.
U.S. Attorney Announces Extradition of Individual from Benin for His Role in an International Money Laundering NetworkRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that DOMINIC FRANCIS LABIRAN, a citizen of the United Kingdom and Nigeria, was extradited Tuesday, June 18, from Benin. LABIRAN was charged with participating in an international money laundering conspiracy between March and June of 2019. LABIRAN was arrested in Benin on or about October 29, 2021, on an Interpol Red Notice and was presented and arraigned today before U.S. District Judge Katherine Polk Failla.
U.S. Attorney Damian Williams said: “As alleged, Dominic Francis Labiran participated in a conspiracy to launder millions of dollars. This extradition not only highlights the effectiveness of global cooperation, but shows that no matter where they are or how long it takes, law enforcement will find and hold accountable those who engage in fraudulent schemes and money laundering.”
According to the allegations in the Indictment:[1]
Beginning in at least 2013, one of LABIRAN’s co-conspirators, Alade Kazeem Sodiq, a/k/a “Eluku,” and others defrauded financial institutions by falsely representing themselves as bank accountholders in order to conduct financial transactions without the consent of the true accountholders. Beginning in or about January 2019, one of the participants in that scheme who had agreed to cooperate with law enforcement (“CW-1”) contacted Sodiq and said that CW-1 could fraudulently obtain funds from a U.S.-based business. CW-1 told Sodiq that CW-1 needed bank accounts in the U.S. through which CW-1 could launder the criminal proceeds. Sodiq agreed to provide bank accounts to CW-1 and introduced CW-1 to LABIRAN and another co-conspirator, Abdulai Kennedy Saaka, a/k/a “Kenny.” LABIRAN and Sakka agreed to provide accounts in their names or over which they exercised control in exchange for a fee of nearly 50% of the money that passed through the accounts. Law enforcement subsequently moved funds from a covert account to the designated accounts and then on to a second covert account, less the agreed-upon fees.
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LABIRAN, 62, a citizen of the United Kingdom and Nigeria, is charged with conspiracy to commit money laundering and money laundering, each of which carries a maximum sentence of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI. He further thanked the Justice Department’s Office of International Affairs, the U.S. Embassy in Benin, and the Diplomatic Security Service, as well as authorities in Benin’s Ministry of Justice and Legislation and the Beninese Republican Police for their assistance in securing the defendant’s extradition from Benin.
This case is being handled by the Office’s Illicit Finance & Money Laundering Unit. Assistant U.S. Attorneys Jonathan Rebold and Andrew Rohrbach are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described should be treated as an allegation.
U.S. Attorney Announces $4.6 Million False Claims Act Settlement with Restaurants, Fur Apparel Companies, and Their Owners and Managers for Submitting False Information to Obtain Paycheck Protection Program LoansRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Amaleka McCall-Brathwaite, the Special Agent in Charge of the Eastern Regional Office of the U.S. Small Business Administration, Office of Inspector General (“SBA-OIG”), announced today that the United States has settled a civil fraud lawsuit against CHRISTOS SPYROPOULOS; IOANNIS GEORGIADES; GALATIA ASPROU; ARISTOTELIS SPYROPOULOS; IORDANIS SPYROPOULOS; LIMANI 51, LLC; ESTIATORIO LIMANI LLC; LML HOSPITALITY LLC; ONIRO TAVERNA LLC; BC INTERNATIONAL GROUP, INC.; and BCI SERVICES LLC (collectively, the “Defendants”) for including false information in their applications for Paycheck Protection Program (“PPP”) loans, in violation of the False Claims Act. The PPP, administered by the SBA, was created to provide forgivable loans to small businesses struggling to fund payroll and certain other qualifying business expenses because of the effects of the COVID-19 pandemic. The settlement resolves claims that the Defendants—four restaurants located in New York, two companies based in New Jersey that distribute, sell, and service fur apparel, and five individuals who owned/managed these businesses—inflated payroll figures in their PPP loan and forgiveness applications by, among other things, misrepresenting that family members and an acquaintance of the owners/managers were employed by the businesses when they were not, and listing the same individuals as “full-time employees” of multiple businesses.
Under the settlement approved today by U.S. District Judge Edgardo Ramos, the Defendants will pay the U.S. $4,646,700.21 and have admitted and accepted responsibility for conduct alleged in the Government’s Complaint. Specifically, the Defendants admitted that they misrepresented and inflated their payroll and employee headcounts in their PPP loan and forgiveness applications, and that they requested and received PPP loans for amounts that were substantially above what they were entitled to receive.
U.S. Attorney Damian Williams said: “The Paycheck Protection Program was created to help struggling small businesses weather the worst moments of the COVID-19 pandemic. These defendants submitted false information to artificially inflate the PPP loans they received. This Office will continue to hold accountable those who engaged in fraud to secure pandemic relief funds for which they were not eligible.”
SBA-OIG Special Agent in Charge Amaleka McCall-Brathwaite said: “This settlement reinforces our unwavering commitment to protecting the integrity of SBA’s programs. Wrongful practices, such as inflating payroll and employee numbers, divert essential funds from deserving businesses. I want to thank the U.S. Attorney’s office and our law enforcement partners for their support and dedication to pursuing justice in this case.”
As alleged in the Complaint filed in Manhattan federal court:
Under the PPP, eligible businesses could obtain SBA-guaranteed loans to spend on payroll costs, rent or mortgage, and other specified business expenses. The amount of PPP funds a business was eligible to receive was determined by the number of individuals employed by the business and their average payroll costs. Businesses applying for a PPP loan were required to provide documentation to confirm that they had in the past paid employees the compensation represented in the loan application. In addition, the PPP loan application required businesses (through their authorized representatives) to acknowledge the PPP Rules and make certain affirmative certifications in order to be eligible to obtain the PPP loan. The SBA also provided for forgiveness of PPP loans. To receive forgiveness, borrowers were required to submit signed loan forgiveness applications and documents containing certain information and certifications.
The six defendant companies applied for and received six first-draw PPP loans and six second-draw PPP loans for a total of more than $11.9 million, nearly all of which was fully forgiven. The five individual defendants were involved in preparing the PPP loan and forgiveness applications and personally signed the applications on behalf of their companies.
The Defendants improperly inflated the PPP loan amounts and the amounts forgiven by falsely claiming that six family members and one acquaintance of the individual defendants were bona fide employees of the businesses when, in fact, they were not (and distributing the PPP funds to these “no show” employees); falsely claiming that three of the individual defendants were full-time employees of LIMANI 51 when, in fact, they were not; falsely claiming that individuals were full-time employees of multiple businesses and including their full salaries in the calculation of the loan and forgiveness amounts for each of those businesses; and mispresenting that they were entitled to forgiveness for wages paid to certain owners and employees that exceeded the maximum amount permitted under the PPP Rules.
As part of the settlement, the Defendants admit, acknowledge, and accept responsibility for the following conduct:
- In their second-draw PPP loan application and first and second-draw PPP loan forgiveness applications, ESTIATORIO LIMANI, LIMANI 51, ONIRO TAVERNA, and LML HOSPITALITY misrepresented and inflated their payroll and employee headcounts by including wages attributable to six family members and an acquaintance of the individual defendants in the calculation of the PPP loan and PPP loan forgiveness amounts, even though the seven individuals were “no show” employees who never undertook any work for the corporate defendants and therefore were ineligible for consideration.
- In its second-draw PPP loan application and first and second-draw PPP loan forgiveness applications, LIMANI 51 misrepresented and inflated its payroll and employee headcounts by stating that three individual defendants were “full-time employees” of the entity when they were not.
- In their first-draw and second-draw PPP loan applications and PPP loan forgiveness applications, ESTIATORIO LIMANI, LIMANI 51, ONIRO TAVERNA, LML HOSPITALITY, BC INTERNATIONAL, and BCI SERVICES each misrepresented and inflated their payroll and headcounts by erroneously listing some of the same individuals as “full-time employees” of different companies and including their full wages in the PPP loan and forgiveness applications submitted for each of the companies. For example, in BC INTERNATIONAL and BCI SERVICES’ second-draw PPP loan forgiveness applications, they each simultaneously listed 13 individuals as “full-time employees” of both companies—and sought forgiveness for the employees’ full wages at both companies—resulting in $481,240.42 of loan proceeds being paid to these individuals, which was an improper use of funds.
- BC INTERNATIONAL and BCI SERVICES misrepresented in their loan forgiveness applications for their first-draw and second-draw PPP loans that they were entitled to forgiveness for wages paid to their owners and certain employees that exceeded the maximum amount permitted under the PPP Rules.
- As a result of the above-referenced conduct and misrepresentations, each of the six defendant companies requested and received PPP loans for amounts that were substantially above what they were entitled to receive.
In connection with the filing of the lawsuit and settlement, the Government joined a private whistleblower lawsuit that had been filed under seal pursuant to the False Claims Act.
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Mr. Williams praised the SBA-OIG for its assistance with this case.
The case is being handled by the Office’s Civil Frauds Unit. Assistant U.S. Attorney Adam M. Gitlin is in charge of the case.
Two Members of Brooklyn Drug Crew Sentenced to 30 and 20 Years in Prison in Connection with April 2021 Murder of A Rival Crew MemberRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that DANZEL MACKINS, a/k/a “Putt,” and DARRIN SAMUELS, a/k/a “Klepto,” were sentenced today to 30 and 20 years in prison, respectively, for trafficking drugs, possessing firearms, and participating in the murder of Felton Durant, Jr. on April 25, 2021. MACKINS and SAMUELS were members of a drug crew based in Brooklyn that distributed crack cocaine on a regular basis from 2019 to 2022. MACKINS and SAMUELS both carried firearms in connection with their drug trafficking and participated in the killing of Durant, who was shot to death when MACKINS and SAMUELS, together with other members of their drug crew, set off across Brooklyn for the purpose of hunting down and killing the leader of a rival drug crew. MACKINS previously pled guilty to drug trafficking conspiracy and firearms possession on November 28, 2023. SAMUELS previously pled guilty to drug trafficking conspiracy on November 21, 2023. U.S. District Judge Lewis A. Kaplan accepted both guilty pleas and imposed today’s sentences.
U.S. Attorney Damian Williams said: “On April 25, 2021, Felton Durant was shot to death in broad daylight on a weekend afternoon over a drug dispute. Both Danzel Mackins and Darrin Samuels participated in that brutal killing, which took place in the middle of a busy public housing development in South Brooklyn. Because of the hard work of the NYPD and the career prosecutors of this Office, Mackins and Samuels have now both been held responsible for this heinous crime. I remain committed to devoting every resource needed to target gun violence in this City. To be clear, as I have said before and will now say again, we are not going to give up any neighborhood, anywhere in this City to drug violence.”
According to the charging instruments, public filings, and statements made in court:
From 2019 to 2022, MACKINS and SAMUELS were members of a drug crew that operated in the Brooklyn neighborhood of Bedford-Stuyvesant, selling large quantities of crack cocaine in retail transactions. MACKINS and SAMUELS each carried firearms on multiple occasions in connection with their drug trafficking. For example, in January 2020, MACKINS used a firearm to fire multiple shots at multiple fleeing persons on the street. He later possessed additional firearms that the New York City Police Department (“NYPD”) seized from him in October 2020 and October 2021. In August 2020, SAMUELS possessed a firearm that the NYPD seized from him together with a quantity of crack cocaine. In addition, in April 2021, both MACKINS and SAMUELS were carrying firearms as they traveled within Brooklyn from Bedford-Stuyvesant to Red Hook, where they planned to locate and kill the leader of a rival drug crew. Together with other members of their drug crew, MACKINS and SAMUELS found Durant — a member of the rival drug crew, but not the leader — and Durant was shot and killed on sight. Later, in January 2022, while members of the NYPD attempted to arrest MACKINS for the charges in this case, MACKINS tried to flee law enforcement in a car, an attempt which ended when MACKINS ran into a 77-year-old woman, causing her grievous injury.
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In addition to their prison terms, MACKINS, 32, of Brooklyn, New York, and SAMUELS, 36, of Brooklyn, New York, were sentenced to five years and three years of supervised release, respectively.
Mr. Williams praised the outstanding investigative work of the NYPD and thanked the Kings County District Attorney’s Office for its assistance in this case.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorney Thomas John Wright is in charge of the prosecution.
Leaders of One of the Largest No-Fault Insurance Frauds in New York History Sentenced to 15, 12, and Seven Years in PrisonRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that PETER KHAIMOV, ALEXANDER GULKAROV, and ROMAN ISRAILOV were sentenced to 15 years, 12 years, and seven years in prison, respectively, by U.S. District Judge Paul G. Gardephe for crimes related to their orchestration of a $40 million fraud targeting No-Fault automobile insurance companies. KHAIMOV previously pled guilty to one count of conspiracy to commit bribery, one count of conspiracy to commit healthcare fraud, and one count of conspiracy to commit money laundering and was sentenced on June 11, 2024. GULKAROV previously pled guilty to one count of conspiracy to commit bribery, one count of conspiracy to commit healthcare fraud, and one count of aggravated identity theft and was sentenced on June 20, 2024. ISRAILOV previously pled guilty to one count of conspiracy to commit healthcare fraud and one count of aggravated identity theft and was sentenced on May 23, 2024.
U.S. Attorney Damian Williams said: “Peter Khaimov, Alexander Gulkarov, and Roman Israilov organized one of the largest No-Fault insurance frauds in New York history, stealing $40 million through their operation of sham medical clinics and pharmacies. By posing as legitimate medical providers, they exploited the system, prescribed unnecessary treatments, and jeopardized patient care. This case exemplifies our relentless pursuit of justice against those who think they can outsmart the system, and I commend the FBI and our dedicated team of prosecutors for their outstanding work in dismantling this massive fraud operation.”
According to the Indictment, the Informations to which KHAIMOV, GULKAROV, and ISRAILOV pled guilty, their plea agreements, and statements made in court:
New York and New Jersey No-Fault insurance laws require a driver’s automobile insurance company to pay automobile insurance claims automatically for certain types of motor vehicle accidents, provided that the claim is legitimate and below a particular monetary threshold. Pursuant to these requirements, insurance companies will often pay medical service providers directly for the treatment they provide to automobile accident victims without the need to bill the victims themselves. This process resolves automobile claims without apportioning blame or fault for the accident, thereby avoiding protracted disputes and the costs associated with an extended investigation of the accident.
From 2014 through 2021, KHAIMOV, GULKAROV, and ISRAILOV (collectively, the “Clinic Controllers”) conspired to unlawfully own, run, and profit from medical clinics and pharmacies in the New York area. KHAIMOV, GULKAROV, and ISRAILOV knew that clinics and pharmacies are unable to bill insurance companies for No-Fault benefits if the medical facilities are controlled by non-physicians. They nonetheless agreed to submit bills to insurance companies falsely representing that the clinics were owned and operated by licensed medical practitioners, and for medical practitioners to lie under oath during Examinations under Oath (“EUOs”) about the ownership, control, and finances of the clinics. KHAIMOV, GULKAROV, and ISRAILOV unlawfully obtained from insurance companies at least $40,000,000 as part of the scheme.
In connection with the scheme described above, KHAIMOV, GULKAROV, and ISRAILOV also arranged for medical practitioners, including physicians, to prescribe unnecessary medical treatments (including MRIs, EMG/NCV testing, spinal injections, and computerized radiologic mensuration analysis), unnecessary durable medical equipment (including cervical home traction devices and lumbar back support), and medically unnecessary medications (including prescription strength painkillers, topical creams, and topical gels). KHAIMOV and GULKAROV received kickbacks from MRI facilities, pain management doctors, and other specialized care providers, who performed these unnecessary medical treatments. KHAIMOV and GULKAROV further personally arranged for the unnecessary medications to be filled at pharmacies under the control of the conspirators.
GULKAROV also overbilled insurance companies for treatments provided by medical practitioners. In connection with the scheme, GULKAROV owned and operated a billing company, which submitted bills to insurance companies overstating the amount of time that practitioners spent treating patients. The billing company also used improper, unlisted billing codes to bill insurance companies in excess of what is permitted under No-Fault regulations.
The Bribery Scheme
KHAIMOV, GULKAROV, and ISRAILOV further agreed to pay bribes in connection with the above-described scheme. From at least 2014 through November 2019, they agreed with others to pay bribes to hospital employees, 911 dispatchers, and other individuals for the confidential names and numbers of motor vehicle accident victims. As part of the scheme, KHAIMOV, GULKAROV, and others provided approximately $150,000 for the creation of a call center that called victims and lied to them to induce victims to receive medical treatment at, among other places, clinics controlled by KHAIMOV, GULKAROV, and ISRAILOV. KHAIMOV and GULKAROV further personally paid the operation of the call center hundreds of thousands of dollars in bribe payments in cash.
As part of the bribery scheme, KHAIMOV also personally attempted to recruit others to disclose confidential names and numbers of motor vehicle accident victims. These people included, among others, a hospital employee. KHAIMOV was ultimately unsuccessful because these other individuals refused to provide confidential information.
As part of the scheme, GULKAROV arranged for an New York City Police Department (“NYPD”) officer to provide confidential information from NYPD servers. In particular, this officer sent GULKAROV over 400 photos of confidential NYPD motor vehicle accident reports using the encrypted messaging application, WhatsApp. GULKAROV then re-transmitted the reports to others so that they could call patients, lie to them, and direct them to clinics controlled by KHAIMOV, GULKAROV, and ISRAILOV.
Money Laundering and Obstruction Conduct
KHAIMOV, GULKAROV, and ISRAILOV laundered the proceeds of the bribery and healthcare fraud from the bank accounts of the medical clinics and pharmacies to personal accounts using a variety of methods. Among other things, KHAIMOV, GULKAROV, and ISRAILOV agreed to have medical practitioners sign blank checks from the clinics’ bank accounts, which KHAIMOV, GULKAROV, and ISRAILOV used to pay personal expenses such as luxury vacations around the world, expensive meals, jewelry, and parties. GULKAROV also used the blank checks to pay for hundreds of thousands of dollars of construction-related expenses for a three-story, multimillion dollar home in Queens, New York.
KHAIMOV, GULKAROV, and ISRAILOV arranged for checks from the clinics’ bank accounts to be cashed at shell companies under their control or the control of co-conspirators. Over two dozen of these shell companies were opened by foreign nationals, who entered the country on tourism visas, opened bank accounts for the shell companies, provided the debit cards to the co-conspirators, and then left the country.
KHAIMOV and GULKAROV additionally agreed to use the Wisnicki & Associates and Wisnicki Neuhauser (collectively, the “Wisnicki Firm”) to launder proceeds from the No-Fault scheme. KHAIMOV and GULKAROV wrote over $150,000 in checks to the Wisnicki Firm from the No-Fault clinics’ bank accounts. The Wisnicki Firm did not provide any legal services to the No-Fault clinics. Instead, the Wisnicki Firm used this money to purchase real estate for KHAIMOV and another individual. The conspirators deducted the payments to the Wisnicki Firm on the clinics’ tax returns as legal expenses.
In addition, GULKAROV engaged in a multi-month obstruction scheme beginning in February 2021. In February and March 2021, the Government served grand jury subpoenas on the medical practitioners involved in the No-Fault scheme. GULKAROV immediately contacted at least half-a-dozen of his co-conspirators and ordered them not to speak with law enforcement. In return, GULKAROV gave his co-conspirators money to pay for attorneys. GULKAROV also obtained the phones of multiple practitioners and deleted his communications with them from their devices.
Thereafter, on or about April 1, 2021, the Government served a grand jury subpoena on the Wisnicki Firm for documentation surrounding the $150,000 in payments made from the clinics to the Wisnicki Firm. GULKAROV agreed with others that the Wisnicki Firm would fabricate retainer agreements for transmission to the grand jury. The fabricated retainer agreements, which were backdated to 2016 and 2017, falsely represented that the No-Fault clinics had retained the Wisnicki Firm for legal services.
During the following months, in or about April and May 2021, GULKAROV approached multiple medical practitioners and ordered them to sign the backdated, fabricated retainer agreements. The medical practitioners complied. GULKAROV also provided these medical practitioners with checks, written from the Wisnicki Firm, returning the purported “retainer fees” paid to the Wisnicki Firm. GULKAROV ordered the medical practitioners to deposit the checks, withdraw the money in small cash increments, and return the cash to GULKAROV. At least one medical practitioner complied.
Lastly, in or about early 2022, KHAIMOV approached a cooperating witness (the “CW”), who was the registered owner of one of KHAIMOV’s pharmacies. KHAIMOV drove to the CW’s house and began honking his car horn outside. The CW came out, at which point KHAIMOV told the CW that he heard the CW was speaking with law enforcement. KHAIMOV instructed the CW to stop doing so.
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KHAIMOV, 44, GULKAROV, 37, and ISRAILOV, 42, all of Queens, New York, were each sentenced to three years of supervised release, respectively, and they were each ordered to forfeit money judgments of $40,000,000. The Court deferred determination of restitution.
Mr. Williams praised the investigative work of the Federal Bureau of Investigation.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit and the White Plains Division. Assistant U.S. Attorneys Mathew Andrews, Ryan Allison, and Timothy V. Capozzi are in charge of the prosecution.
United States Files Fair Housing Act Lawsuit Against Toll Brothers and Related Entities for Failure to Construct Apartments with Features Accessible to Persons with DisabilitiesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that the United States has filed a federal Fair Housing Act (“FHA”) lawsuit against TOLL BROTHERS, INC. and TOLL BROTHERS REALTY TRUST (collectively, “TOLL BROTHERS”), relating to their failure to design and construct new apartment buildings so as to be accessible to persons with physical disabilities. The lawsuit also names certain TOLL BROTHERS affiliates as well as other entities that participated in the design or construction of these residential complexes, as well as a condominium association whose cooperation is essential to ensure retrofits. Upon filing suit, the United States also submitted to the Court a proposed consent decree with LENDLEASE (US) CONSTRUCTION LMB, INC. f/k/a BOVIS LEND LEASE LMB, INC., (“LENDLEASE”), which participated in the design and construction of one such building. This settlement is subject to the review and approval of the U.S. District Judge assigned to the case.
U.S. Attorney Damian Williams said: “This is the 19th suit that this Office has filed to remedy the failure of real estate developers to comply with the Fair Housing Act. We appreciate Lendlease’s cooperation in taking responsibility for its actions so that more properties are more accessible to more people. This Office will remain vigilant in ensuring that developers and architects comply with the FHA and remedy inaccessible housing in this District.”
The FHA’s accessible design and construction provisions require multifamily housing complexes constructed after January 1991 to have basic features accessible to persons with disabilities.
According to the allegations in the Complaint:
The inaccessible conditions at TOLL BROTHERS’ buildings include excessively high thresholds at building entrances and entrances to common use areas, common use bathrooms that lack grab bars, excessively high thresholds at entrances to individual apartments and within the apartments, and bathrooms in individual apartments that lack sufficient clear floor space for people who use wheelchairs. These features in the common use areas of TOLL BROTHERS’ buildings, as well as in the buildings’ apartment interiors, did not meet the specifications set forth in the Fair Housing Accessibility Guidelines, Design Guidelines for Accessible/Adaptable Dwellings.
The Complaint identifies, by way of example, inaccessible conditions at the following five properties:
- The Sutton, at 959 First Avenue, New York, New York 10022.
- 49 North 8th Street, Brooklyn, New York 11211 (“North 8th”). Based upon an investigation by the Department of Housing and Urban Development (“HUD”), the Complaint names several entities as defendants that were involved in the design and construction of North 8th: LENDLEASE (with whom, as noted above, the Government has reached an agreement subject to Court approval); GREENBERGFARROW ARCHITECTS; TOLL LAND XIII LIMITED PARTNER; TOLL NORTHEAST LP COMPANY, INC.; and NORTH8 CONDOMINIUM ASSOCIATION, INC., which has been named as a defendant not because it created the accessible conditions but because its cooperation is essential to making retrofits to the property.
- 3000 Goldfinch Boulevard in Princeton, New Jersey (“Parc at Princeton Junction”). The Complaint names TB PRINCETON VILLAGE LLC as a developer of the Parc at Princeton Junction.
- 134 Plymouth Road in Plymouth Meeting, Pennsylvania (“Parc Plymouth Meeting”). The Complaint names TB-BDN PLYMOUTH APARTMENTS as a developer of Parc Plymouth Meeting.
- 10 Provost Street, Jersey City, New Jersey 07302.
Similar inaccessible conditions existed at nine additional properties: Emerson at Edge on the Hudson, 203 Legend Drive, in Sleepy Hollow, New York; 160 Morgan Street in Jersey City, New Jersey; 527 Old Bridge Turnpike in East Brunswick, New Jersey; 900 Wessex Place in Princeton, New Jersey; 45 North Main Street in Phoenixville, Pennsylvania; 275 2nd Avenue in Needham, Massachusetts; 2150 Astoria Circle in Herndon, Virginia; and 1011 1st Street, SE and 200 K Street, NE in Washington, D.C.
Due to the inaccessible conditions at the buildings they designed and constructed, TOLL BROTHERS engaged in a pattern or practice of resistance to the full enjoyment of rights protected by the FHA and denied such rights to people with disabilities. The Complaint seeks a court order directing TOLL BROTHERS to retrofit individual apartments as well as the public and common use areas of the buildings so that they are accessible, to adopt policies and procedures to ensure FHA compliance in future constructions, and to compensate people who suffered discrimination due to the inaccessible conditions.
Under the settlement with LENDLEASE, LENDLEASE agreed to establish procedures to ensure FHA compliance at future development projects and agreed to institute policies and training to ensure that their employees and agents will comply with the FHA’s accessibility requirements. LENDLEASE also agreed to pay a civil penalty of $10,000, commensurate with its role in designing and/or constructing North 8th.
People who believe they may have experienced discrimination due to the inaccessible conditions at the above-named buildings developed by TOLL BROTHERS may contact the Civil Rights Complaint account at [email protected], use the Civil Rights Complaint Form available on the U.S. Attorney’s Office’s website http://www.justice.gov/usao/nys/civilrights.html, or send a written report to:
U.S. Attorney’s Office, Southern District of New York
86 Chambers Street, 3rd Floor
New York, New York 10007
Attention: Chief, Civil Rights Unit
The suit against TOLL BROTHERS is the 19th lawsuit filed by this Office with developers and architects to remedy inaccessible housing in this District, including suits against The Durst Organization, Glenwood Management, Silverstein Properties, Related Companies, and Atlantic Development.
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Mr. Williams thanked HUD for its assistance on the investigation.
The case is being handled by the Office’s Civil Rights Unit in the Civil Division. Assistant U.S. Attorneys David J. Kennedy and Danielle J. Marryshow are charge of the case.
Two Men Charged with Armed Carjacking and Possession of A MachinegunRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Bryan Miller, the Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”); and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced today the arrests of JOSE RIVERA and JOMAR CRESPO for the armed carjacking of the personal vehicle used by a Sergeant for the NYPD. During the incident, both RIVERA and CRESPO brandished firearms, including a .40-caliber Glock with a “switch” that converts the semiautomatic pistol into an automatically firing machinegun and a 9-millimeter Glock with an extended magazine. The defendants were arrested on June 15, 2024, in Manhattan and presented yesterday before U.S. Magistrate Judge James L. Cott.
U.S. Attorney Damian Williams said: “As alleged, armed with a machinegun and semi-automatic handgun, both with extended magazines, the defendants committed a brazen and terrifying act of violence against a member of law enforcement when they stole his car at gunpoint. Whether cop or civilian, anyone victimized by this sort of crime can count on my Office to seek swift justice.”
ATF Special Agent in Charge Bryan Miller said: “Carjacking is an extreme act of violence that terrorizes communities and senselessly puts innocent lives in danger. I thank the men and women of the ATF/NYPD Joint Firearms Task Force, the NYPD, as well as the U.S. Attorney’s Office for the Southern District of NY for bringing these individuals swiftly to justice. We will expend all necessary resources to ensure that offenders like these defendants are quickly brought to justice and punished to the maximum extent of the law. ATF will continue to work diligently with our local, state, and federal partners to keep our streets safe.”
NYPD Commissioner Edward A. Caban said: “The NYPD’s swift apprehension of the men who allegedly committed this brazen armed carjacking should serve as a warning to others that criminal acts in New York City will never be tolerated. I thank the prosecutors in the office of the U.S. Attorney for the Southern District for their steadfast partnership and for demonstrating that egregious affronts to public safety will always face the strictest of consequences.”
According to the allegations in the Complaint and statements made in public court proceedings:1
On the evening of June 14, 2024, in Harlem, JOSE RIVERA and JOMAR CRESPO committed a gunpoint carjacking during which they stole the personal vehicle (the “Car”) of an NYPD Sergeant (the “Victim”). Specifically, RIVERA and CRESPO approached the Victim’s Car from behind, one on the driver’s side and the other on the passenger’s side. Both RIVERA and CRESPO wore black clothing and facemasks, and both brandished handguns at the Victim. After ordering the Victim to turn over his keys, RIVERA and CRESPO drove off in the Car, traveling to the vicinity of West 138th Street and Broadway, where RIVERA and CRESPO were captured on various surveillance cameras, as seen below:
NYPD officers apprehended RIVERA and CRESPO after a foot chase, during which they discarded two firearms (“Firearm-1” and “Firearm-2,” respectively). Firearm-1 was determined to be a loaded Glock 27 .40-caliber pistol equipped with what appears to be a Glock automatic switch device (the “Glock Switch”), which, if operable, would cause Firearm-1 to automatically shoot more than one shot by a single function of trigger. Firearm-2 was determined to be a loaded Glock 17 9-millimeter pistol with an extended magazine that could hold up to approximately 30 rounds of ammunition. Both Firearm-1 and Firearm-2 had flashlights mounted beneath their barrels. Photographs of Firearm-1 and Firearm-2 appear below:
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JOSE RIVERA, 20, and JOMAR CRESPO, 21, both of Waterbury, Connecticut, are charged with carjacking, which carries a maximum potential sentence of 15 years in prison; using and carrying firearms, including a machinegun, during and in relation to the carjacking, which carries a mandatory minimum sentence of 30 years in prison and a maximum potential sentence of life in prison; and possessing a machinegun, which carries a maximum potential sentence of 10 years in prison.
The statutory minimum and maximum sentences are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding work of the ATF, the NYPD, and NYPD Task Force Officers from the Special Investigations Division assigned to the Southern District of New York.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Frank Balsamello and Marguerite B. Colson are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
1 As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Rikers Island Corrections Officer Sentenced to over Three Years in Prison for Conspiring to Smuggle Contraband in Exchange for BribesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that JASON SKEET was sentenced to 37 months in prison for conspiring to smuggle contraband to inmates at Rikers Island in exchange for bribes between January 2020 and June 2022. SKEET smuggled contraband, including marijuana, to inmates approximately 100 times during that period. SKEET previously pled guilty to conspiracy to commit bribery before U.S. District Judge Jennifer H. Rearden, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Jason Skeet flagrantly abused his position of public trust by repeatedly smuggling contraband to inmates in exchange for bribes. Rikers Island is less safe, for inmates and officers alike, when corrections officers accept bribes to smuggle contraband. This prosecution and today’s sentence reflect this Office’s commitment to bring accountability to those in the corrections system who abuse their positions of trust.”
According to the Complaint, the Information, court filings, and public court proceedings:
From approximately January 2020 through June 2022, the defendant conspired with others to smuggle contraband, including marijuana, cigarettes, and food, to inmates housed at the Northern Infirmary Command on Rikers Island in exchange for bribes. The defendant smuggled contraband for inmates housed on Rikers Island approximately 100 times between the start of the COVID-19 pandemic and June 2022 in exchange for tens of thousands of dollars in bribe payments.
For example, on April 20 and May 9, 2022, an inmate (“Inmate-1”), using a contraband cellphone, texted the defendant requesting cigarettes and marijuana. On each occasion, SKEET agreed to smuggle in the contraband in exchange for $1,000, and Inmate-1 proceeded to transfer $1,000 via CashApp into an account identified by SKEET. With respect to the May 9, 2022, contraband request, SKEET, referencing two Ziploc bags containing marijuana, texted Inmate-1, in part, “two BIG zip coming your way.” The contraband cellphone used by Inmate-1 was later recovered by law enforcement and found to contain the below photographs, taken only a few days after SKEET agreed to smuggle bags of marijuana for Inmate-1.
SKEET later acknowledged during a voluntary interview with law enforcement officers that he smuggled contraband to inmates on Rikers Island approximately 100 times since the start of the pandemic in exchange for bribes.
In imposing a sentence at the top of the advisory Sentencing Guidelines range, Judge Rearden remarked that SKEET’s “conduct was serious and dangerous and reflected an extraordinary lack of respect for the law.”
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In addition to the prison term, SKEET, 46, of Brooklyn, New York, was sentenced to three years of supervised release and ordered to forfeit $45,644.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation and the New York City Department of Investigation.
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Adam Z. Margulies, Jonathan E. Rebold, and Derek Wikstrom are in charge of the prosecution.
Bronx Man Convicted of December 2021 Murder and Attempted Robbery in Aqueduct Park WalkwayRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today the conviction of RICARDO FERGUSON, a/k/a “Maybach,” for the December 5, 2021, murder of Robert Brown, Sr. inside of the Aqueduct Park walkway in the University Heights neighborhood of the Bronx. FERGUSON shot Brown in the head and attempted to steal crack cocaine and money from Brown’s pockets during a dispute over drug sales. The defendant was found guilty following a six-day trial before U.S. District Judge Richard M. Berman.
U.S. Attorney Damian Williams said: “Ricardo Ferguson murdered Robert Brown, Sr. by shooting him in the head in the middle of a New York City park in broad daylight. Today’s conviction sends an important message to drug dealers who commit violent crimes that they will be apprehended and prosecuted to the full extent of the law.”
According to the allegations in the Indictment and evidence at trial:
FERGUSON and others participated in a conspiracy to distribute crack cocaine in the vicinity of the Aqueduct Park walkway in the University Heights neighborhood of the Bronx. In the months leading up to the murder, FERGUSON and his co-conspirators threatened Robert Brown, Sr. because Brown had been selling bags containing larger quantities of crack cocaine than the other dealers in the park. On December 5, 2021, FERGUSON and a co-conspirator attacked and attempted to rob Brown in the Aqueduct Park walkway. During the attempted robbery, FERGUSON pulled out a gun and shot Brown in the head. Brown was 63 years old at the time of the murder.
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FERGUSON, 38, of the Bronx, New York, was convicted today of conspiracy to distribute crack cocaine, which carries a maximum sentence of 20 years in prison; attempted Hobbs Act robbery, which carries a maximum sentence of 20 years in prison; murder through the use of a firearm, which carries a maximum sentence of life in prison; and using and carrying a firearm in furtherance of drug trafficking, which was brandished and discharged, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.
The statutory minimum and maximum sentences are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. FERGUSON is scheduled to be sentenced by Judge Berman on October 9, 2024.
Mr. Williams praised the outstanding investigative work of the New York City Police Department (“NYPD”), the Special Agents and NYPD Task Force Officers from the Special Investigations Division assigned to the Southern District of New York, and the New York/New Jersey High Intensity Drug Trafficking Area analysts.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Dominic Gentile, Jun Xiang, Mathew Andrews, and Peter Davis are in charge of the prosecution, with the assistance of Paralegal Specialist Ananya Sankar.
ਨਿਆਂ ਵਿਭਾਗ ਨੇ ਨਿਊਯਾਰਕ ਸਿਟੀ ਵਿੱਚ ਅਮਰੀਕੀ ਨਾਗਰਿਕ ਦੀ ਹੱਤਿਆ ਦੀ ਨਾਕਾਮ ਸਾਜਿਸ਼ ਦੇ ਸਬੰਧ ਵਿੱਚ ਦੋਸ਼ੀ ਭਾਰਤੀ ਨਾਗਰਿਕ ਦੀ ਹਵਾਲਗੀ ਦਾ ਐਲਾਨ ਕੀਤਾ ਹੈRead the Press Release
ਇੱਕ ਭਾਰਤੀ ਨਾਗਰਿਕ ਨੂੰ ਕਿਰਾਏ ਦੇ ਬਦਲੇ ਕਤਲ ਦੇ ਦੋਸ਼ਾਂ ਦਾ ਸਾਹਮਣਾ ਕਰਨ ਲਈ ਚੈੱਕ ਗਣਰਾਜ ਤੋਂ ਸੰਯੁਕਤ ਰਾਜ ਅਮਰੀਕਾ ਹਵਾਲੇ ਕੀਤਾ ਗਿਆ ਸੀ।
ਨਿਖਿਲ ਗੁਪਤਾ, ਜਿਸਨੂੰ ਨਿਕ, 53, ਇੱਕ ਭਾਰਤੀ ਨਾਗਰਿਕ ਵਜੋਂ ਵੀ ਜਾਣਿਆ ਜਾਂਦਾ ਹੈ, ਨੂੰ 30 ਜੂਨ, 2023 ਨੂੰ ਚੈੱਕ ਗਣਰਾਜ ਵਿੱਚ ਗ੍ਰਿਫਤਾਰ ਕੀਤਾ ਗਿਆ ਸੀ ਅਤੇ ਨਜ਼ਰਬੰਦ ਕੀਤਾ ਗਿਆ ਸੀ, ਅਤੇ ਸੰਯੁਕਤ ਰਾਜ ਅਤੇ ਚੈੱਕ ਗਣਰਾਜ ਵਿਚਕਾਰ ਦੁਵੱਲੀ ਹਵਾਲਗੀ ਸੰਧੀ ਦੇ ਅਨੁਸਾਰ ਹਵਾਲਗੀ ਕਰ ਦਿੱਤੀ ਗਈ ਸੀ। ਗੁਪਤਾ 14 ਜੂਨ ਨੂੰ ਅਮਰੀਕਾ ਪਹੁੰਚੇ ਸਨ ਅਤੇ ਅੱਜ ਉਨ੍ਹਾਂ ਨੂੰ ਦੋਸ਼ਾਂ ਤਹਿਤ ਪੇਸ਼ ਕੀਤਾ ਗਿਆ।
ਅਟਾਰਨੀ ਜਨਰਲ ਮੈਰਿਕ ਬੀ. ਗਾਰਲੈਂਡ ਨੇ ਕਿਹਾ, “ਇਹ ਹਵਾਲਗੀ ਸਪੱਸ਼ਟ ਕਰਦਾ ਹੈ ਕਿ ਨਿਆਂ ਵਿਭਾਗ ਅਮਰੀਕੀ ਨਾਗਰਿਕਾਂ ਨੂੰ ਚੁੱਪ ਕਰਵਾਉਣ ਜਾਂ ਨੁਕਸਾਨ ਪਹੁੰਚਾਉਣ ਦੀਆਂ ਕੋਸ਼ਿਸ਼ਾਂ ਨੂੰ ਬਰਦਾਸ਼ਤ ਨਹੀਂ ਕਰੇਗਾ”। ਨਿਖਿਲ ਗੁਪਤਾ ਨੂੰ ਹੁਣ ਭਾਰਤ ਵਿੱਚ ਸਿੱਖ ਵੱਖਵਾਦੀ ਅੰਦੋਲਨ ਦੇ ਸਮਰਥਨ ਲਈ ਇੱਕ ਅਮਰੀਕੀ ਨਾਗਰਿਕ ਨੂੰ ਨਿਸ਼ਾਨਾ ਬਣਾਉਣ ਅਤੇ ਉਸ ਦੀ ਹੱਤਿਆ ਕਰਨ ਲਈ, ਭਾਰਤ ਸਰਕਾਰ ਦੇ ਇੱਕ ਕਰਮਚਾਰੀ ਦੁਆਰਾ ਨਿਰਦੇਸ਼ਤ ਇੱਕ ਕਥਿਤ ਸਾਜ਼ਿਸ਼ ਵਿੱਚ ਸ਼ਾਮਲ ਹੋਣ ਲਈ ਇੱਕ ਅਮਰੀਕੀ ਅਦਾਲਤ ਵਿੱਚ ਨਿਆਂ ਦਾ ਸਾਹਮਣਾ ਕਰਨਾ ਪਵੇਗਾ। ਮੈਂ ਵਿਭਾਗ ਦੇ ਏਜੰਟਾਂ ਦਾ ਧੰਨਵਾਦੀ ਹਾਂ ਜਿਨ੍ਹਾਂ ਨੇ ਇਸ ਹੱਤਿਆ ਦੀ ਸਾਜ਼ਿਸ਼ ਨੂੰ ਨਾਕਾਮ ਕੀਤਾ ਅਤੇ ਇਸ ਗ੍ਰਿਫਤਾਰੀ ਅਤੇ ਹਵਾਲਗੀ ਵਿੱਚ ਸਹਾਇਤਾ ਲਈ ਸਾਡੇ ਚੈੱਕ ਭਾਈਵਾਲਾਂ ਦਾ।
ਡਿਪਟੀ ਨੇ ਕਿਹਾ, "ਭਾਰਤੀ ਕਤਲ ਦੀ ਇਹ ਸਾਜ਼ਿਸ਼ - ਕਥਿਤ ਤੌਰ 'ਤੇ ਨਿਊਯਾਰਕ ਸਿਟੀ ਵਿੱਚ ਇੱਕ ਅਮਰੀਕੀ ਨਾਗਰਿਕ ਨੂੰ ਮਾਰਨ ਲਈ ਇੱਕ ਭਾਰਤੀ ਸਰਕਾਰੀ ਕਰਮਚਾਰੀ ਦੁਆਰਾ ਰਚੀ ਗਈ ਸੀ - ਇੱਕ ਉੱਚਤਮ ਅਮਰੀਕੀ ਅਧਿਕਾਰ ਦੀ ਵਰਤੋਂ ਕਰਨ ਲਈ ਇੱਕ ਰਾਜਨੀਤਿਕ ਕਾਰਕੁਨ ਨੂੰ ਚੁੱਪ ਕਰਾਉਣ ਦੀ ਬੇਸ਼ਰਮੀ ਦੀ ਕੋਸ਼ਿਸ਼ ਸੀ: ਉਸਦੀ ਬੋਲਣ ਦੀ ਆਜ਼ਾਦੀ," ਡਿਪਟੀ ਨੇ ਕਿਹਾ। ਅਟਾਰਨੀ ਜਨਰਲ ਲੀਜ਼ਾ ਮੋਨਾਕੋ। “ਮੁਦਾਇਕ ਦੀ ਹਵਾਲਗੀ ਨਿਆਂ ਵੱਲ ਇੱਕ ਮਹੱਤਵਪੂਰਨ ਕਦਮ ਹੈ, ਅਤੇ ਮੈਂ ਇਸ ਮਾਮਲੇ ਵਿੱਚ ਸਹਾਇਤਾ ਲਈ ਸਾਡੇ ਚੈੱਕ ਭਾਈਵਾਲਾਂ ਦਾ ਧੰਨਵਾਦੀ ਹਾਂ। ਅਸੀਂ ਇੱਥੇ ਜਾਂ ਵਿਦੇਸ਼ ਵਿੱਚ ਅਮਰੀਕੀ ਨਾਗਰਿਕਾਂ ਨੂੰ ਨੁਕਸਾਨ ਪਹੁੰਚਾਉਣ ਦੀ ਕੋਸ਼ਿਸ਼ ਕਰਨ ਵਾਲਿਆਂ ਦੀ ਪਛਾਣ ਕਰਨ, ਵਿਘਨ ਪਾਉਣ ਅਤੇ ਜਵਾਬਦੇਹ ਬਣਾਉਣ ਲਈ ਲਗਾਤਾਰ ਕੰਮ ਕਰਨਾ ਜਾਰੀ ਰੱਖਾਂਗੇ।”
FBI ਦੇ ਡਾਇਰੈਕਟਰ ਕ੍ਰਿਸਟੋਫਰ ਵੇਅ ਨੇ ਕਿਹਾ, "ਇਸ ਮੁਦਾਲਾ ਨੂੰ ਅਮਰੀਕੀ ਧਰਤੀ 'ਤੇ ਇੱਕ ਅਮਰੀਕੀ ਨਾਗਰਿਕ ਦੀ ਹੱਤਿਆ ਦੀ ਸਾਜ਼ਿਸ਼ ਵਿੱਚ ਉਸਦੀ ਕਥਿਤ ਭੂਮਿਕਾ ਲਈ ਹਵਾਲਗੀ ਕਰ ਦਿੱਤੀ ਗਈ ਹੈ”। "FBI ਵਿਦੇਸ਼ੀ ਨਾਗਰਿਕਾਂ, ਜਾਂ ਇਸ ਮਾਮਲੇ ਲਈ ਕਿਸੇ ਹੋਰ ਦੁਆਰਾ, ਸੰਯੁਕਤ ਰਾਜ ਵਿੱਚ ਸੰਵਿਧਾਨਕ ਤੌਰ 'ਤੇ ਸੁਰੱਖਿਅਤ ਆਜ਼ਾਦੀਆਂ ਨੂੰ ਦਬਾਉਣ ਦੀਆਂ ਕੋਸ਼ਿਸ਼ਾਂ ਨੂੰ ਬਰਦਾਸ਼ਤ ਨਹੀਂ ਕਰੇਗੀ। ਅਸੀਂ ਆਪਣੇ ਨਾਗਰਿਕਾਂ ਅਤੇ ਇਨ੍ਹਾਂ ਪਵਿੱਤਰ ਅਧਿਕਾਰਾਂ ਦੀ ਰੱਖਿਆ ਲਈ ਦੇਸ਼ ਅਤੇ ਵਿਦੇਸ਼ ਵਿੱਚ ਆਪਣੇ ਭਾਈਵਾਲਾਂ ਨਾਲ ਕੰਮ ਕਰਨਾ ਜਾਰੀ ਰੱਖਾਂਗੇ।”
ਨਿਊਯਾਰਕ ਦੇ ਦੱਖਣੀ ਜ਼ਿਲ੍ਹੇ ਲਈ ਅਮਰੀਕੀ ਅਟਾਰਨੀ ਡੈਮਿਅਨ ਵਿਲੀਅਮਜ਼ ਨੇ ਕਿਹਾ, "ਜਿਵੇਂ ਕਿ ਕਥਿਤ ਤੌਰ 'ਤੇ, ਬਚਾਓ ਪੱਖ ਨੇ ਭਾਰਤ ਤੋਂ ਇੱਕ ਭਾਰਤੀ ਸਰਕਾਰੀ ਕਰਮਚਾਰੀ ਦੇ ਨਾਲ ਇੱਥੇ ਨਿਊਯਾਰਕ ਸਿਟੀ ਵਿੱਚ, ਭਾਰਤੀ ਮੂਲ ਦੇ ਇੱਕ ਅਮਰੀਕੀ ਨਾਗਰਿਕ ਦੇ ਖਿਲਾਫ ਇੱਕ ਅਸਫਲ ਹੱਤਿਆ ਦੀ ਸਾਜ਼ਿਸ਼ ਰਚੀ ਸੀ।" “ਅੱਜ ਦੀ ਹਵਾਲਗੀ ਉਨ੍ਹਾਂ ਲੋਕਾਂ ਦੀ ਜਾਂਚ, ਅਸਫਲ ਅਤੇ ਮੁਕੱਦਮਾ ਚਲਾਉਣ ਦੇ ਸਾਡੇ ਅਟੱਲ ਸੰਕਲਪ ਨੂੰ ਸਪੱਸ਼ਟ ਕਰਦੀ ਹੈ ਜੋ ਇੱਥੇ ਅਤੇ ਹੋਰ ਕਿਤੇ ਅਮਰੀਕੀ ਨਾਗਰਿਕਾਂ ਨੂੰ ਨੁਕਸਾਨ ਪਹੁੰਚਾਉਣ ਅਤੇ ਚੁੱਪ ਕਰਵਾਉਣ ਦੀ ਕੋਸ਼ਿਸ਼ ਕਰਦੇ ਹਨ। ਅਸੀਂ ਇਸ ਹਵਾਲਗੀ ਵਿੱਚ ਸਾਡੇ ਚੈੱਕ ਸਰਕਾਰ ਦੇ ਹਮਰੁਤਬਾ ਦੇ ਨਜ਼ਦੀਕੀ ਸਹਿਯੋਗ ਲਈ ਧੰਨਵਾਦ ਕਰਦੇ ਹਾਂ”।
“ਪਿਛਲੇ ਸਾਲ, ਡੀਈਏ ਨੇ ਇੱਕ ਭਾਰਤੀ ਸਰਕਾਰੀ ਕਰਮਚਾਰੀ ਅਤੇ ਇੱਕ ਅੰਤਰਰਾਸ਼ਟਰੀ ਨਸ਼ੀਲੇ ਪਦਾਰਥਾਂ ਦੇ ਤਸਕਰ ਨਿਖਿਲ ਗੁਪਤਾ ਦੁਆਰਾ ਰਚੀ ਗਈ ਇੱਕ ਹੱਤਿਆ ਦੀ ਸਾਜਿਸ਼ ਦਾ ਪਰਦਾਫਾਸ਼ ਕੀਤਾ ਸੀ। ਗੁਪਤਾ 'ਤੇ ਦੋਸ਼ ਹੈ ਕਿ ਉਸ ਨੇ ਅਮਰੀਕਾ ਦੀ ਧਰਤੀ 'ਤੇ ਅਮਰੀਕੀ ਨਾਗਰਿਕ ਦੀ ਹੱਤਿਆ ਕਰਨ ਦੀ ਖ਼ਤਰਨਾਕ ਸਾਜ਼ਿਸ਼ ਰਚੀ ਸੀ। DEA ਦੀ ਪਹਿਲੀ ਤਰਜੀਹ ਹਮੇਸ਼ਾ ਅਮਰੀਕੀ ਲੋਕਾਂ ਦੀ ਸਿਹਤ ਅਤੇ ਸੁਰੱਖਿਆ ਹੁੰਦੀ ਹੈ,” DEA ਪ੍ਰਸ਼ਾਸਕ ਐਨੀ ਮਿਲਗ੍ਰਾਮ ਨੇ ਕਿਹਾ। “ਇਹ ਹਵਾਲਗੀ DEA ਨਿਊਯਾਰਕ ਡਿਵੀਜ਼ਨ ਦੀ ਡਰੱਗ ਇਨਫੋਰਸਮੈਂਟ ਟਾਸਕ ਫੋਰਸ ਦੀ ਸਖ਼ਤ ਮਿਹਨਤ ਅਤੇ ਵਚਨਬੱਧਤਾ ਦਾ ਨਤੀਜਾ ਹੈ, ਜਿਸ ਵਿੱਚ DEA, ਨਿਊਯਾਰਕ ਸਟੇਟ ਪੁਲਿਸ, ਅਤੇ ਨਿਊਯਾਰਕ ਸਿਟੀ ਪੁਲਿਸ ਵਿਭਾਗ ਸ਼ਾਮਲ ਹਨ। ਇਹ ਕੇਸ DEA ਦੁਆਰਾ ਵਿਸ਼ਵ ਭਰ ਵਿੱਚ ਸਾਡੇ ਕਾਨੂੰਨ ਲਾਗੂ ਕਰਨ ਵਾਲੇ ਭਾਈਵਾਲਾਂ, ਜਿਵੇਂ ਕਿ ਚੈੱਕ ਗਣਰਾਜ ਦੇ ਨੈਸ਼ਨਲ ਡਰੱਗ ਹੈੱਡਕੁਆਰਟਰ, ਅਤੇ ਨਾਲ ਹੀ ਇੱਥੇ ਘਰ ਵਿੱਚ ਸਾਡੇ ਸੰਘੀ ਕਾਨੂੰਨ ਲਾਗੂ ਕਰਨ ਵਾਲੇ ਭਾਈਵਾਲਾਂ ਨਾਲ ਬਣਾਈਆਂ ਗਈਆਂ ਭਾਈਵਾਲੀ ਦਾ ਪ੍ਰਮਾਣ ਵੀ ਹੈ।"
ਅਦਾਲਤੀ ਦਸਤਾਵੇਜ਼ਾਂ ਦੇ ਅਨੁਸਾਰ, ਪਿਛਲੇ ਸਾਲ, ਇੱਕ ਭਾਰਤੀ ਸਰਕਾਰੀ ਕਰਮਚਾਰੀ (CC-1) ਨੇ ਇੱਕ ਅਟਾਰਨੀ ਅਤੇ ਰਾਜਨੀਤਿਕ ਕਾਰਕੁਨ, ਜੋ ਕਿ ਭਾਰਤੀ ਮੂਲ ਦਾ ਅਮਰੀਕੀ ਨਾਗਰਿਕ ਹੈ, ਦੇ ਖਿਲਾਫ ਇੱਕ ਕਤਲ ਦੀ ਸਾਜ਼ਿਸ਼ ਰਚਣ ਲਈ ਭਾਰਤ ਅਤੇ ਹੋਰ ਥਾਵਾਂ 'ਤੇ ਗੁਪਤਾ ਅਤੇ ਹੋਰਾਂ ਨਾਲ ਮਿਲ ਕੇ ਕੰਮ ਕੀਤਾ ਸੀ।
ਗੁਪਤਾ ਇੱਕ ਭਾਰਤੀ ਨਾਗਰਿਕ ਹੈ ਜੋ ਭਾਰਤ ਵਿੱਚ ਰਹਿੰਦਾ ਹੈ, CC-1 ਦਾ ਇੱਕ ਸਹਿਯੋਗੀ ਹੈ, ਅਤੇ ਉਸਨੇ CC-1 ਅਤੇ ਹੋਰਾਂ ਨਾਲ ਆਪਣੇ ਸੰਚਾਰ ਵਿੱਚ ਅੰਤਰਰਾਸ਼ਟਰੀ ਨਸ਼ੀਲੇ ਪਦਾਰਥਾਂ ਅਤੇ ਹਥਿਆਰਾਂ ਦੀ ਤਸਕਰੀ ਵਿੱਚ ਆਪਣੀ ਸ਼ਮੂਲੀਅਤ ਦਾ ਵਰਣਨ ਕੀਤਾ ਹੈ। CC-1 ਇੱਕ ਭਾਰਤੀ ਸਰਕਾਰੀ ਏਜੰਸੀ ਦਾ ਕਰਮਚਾਰੀ ਹੈ ਜਿਸਨੇ ਆਪਣੇ ਆਪ ਨੂੰ "ਸੁਰੱਖਿਆ ਪ੍ਰਬੰਧਨ" ਅਤੇ "ਖੁਫੀਆ" ਵਿੱਚ ਜ਼ਿੰਮੇਵਾਰੀਆਂ ਦੇ ਨਾਲ "ਸੀਨੀਅਰ ਫੀਲਡ ਅਫਸਰ" ਵਜੋਂ ਦਰਸਾਇਆ ਹੈ ਅਤੇ ਭਾਰਤ ਦੇ ਕੇਂਦਰੀ ਰਿਜ਼ਰਵ ਪੁਲਿਸ ਬਲ ਵਿੱਚ ਪਹਿਲਾਂ ਸੇਵਾ ਕਰਨ ਅਤੇ "ਅਧਿਕਾਰੀ [] ਸਿਖਲਾਈ ਪ੍ਰਾਪਤ ਕਰਨ ਦਾ ਹਵਾਲਾ ਦਿੱਤਾ ਹੈ”। "ਲੜਾਈ ਕਰਾਫਟ" ਅਤੇ "ਹਥਿਆਰਾਂ" ਵਿੱਚ। CC-1 ਨੇ ਭਾਰਤ ਤੋਂ ਹੱਤਿਆ ਦੀ ਸਾਜ਼ਿਸ਼ ਰਚੀ ਸੀ।
ਮਈ 2023 ਵਿੱਚ ਜਾਂ ਇਸ ਦੇ ਲਗਭਗ, CC-1 ਨੇ ਯੂ.ਐੱਸ. ਵਿੱਚ ਪੀੜਤ ਦੀ ਹੱਤਿਆ ਨੂੰ ਅੰਜਾਮ ਦੇਣ ਲਈ ਗੁਪਤਾ ਨੂੰ ਭਰਤੀ ਕੀਤਾ, ਪੀੜਤ ਭਾਰਤ ਸਰਕਾਰ ਦੀ ਇੱਕ ਜ਼ਬਰਦਸਤ ਆਲੋਚਕ ਹੈ ਅਤੇ ਇੱਕ ਯੂਐਸ-ਅਧਾਰਤ ਸੰਗਠਨ ਦੀ ਅਗਵਾਈ ਕਰਦੀ ਹੈ ਜੋ ਉੱਤਰੀ ਰਾਜ, ਪੰਜਾਬ ਦੇ ਵੱਖ ਹੋਣ ਦੀ ਵਕਾਲਤ ਕਰਦੀ ਹੈ। ਭਾਰਤ ਜੋ ਸਿੱਖਾਂ ਦੀ ਇੱਕ ਵੱਡੀ ਆਬਾਦੀ ਦਾ ਘਰ ਹੈ, ਭਾਰਤ ਵਿੱਚ ਇੱਕ ਨਸਲੀ ਧਾਰਮਿਕ ਘੱਟ ਗਿਣਤੀ ਸਮੂਹ। ਪੀੜਤ ਨੇ ਜਨਤਕ ਤੌਰ 'ਤੇ ਕੁਝ ਜਾਂ ਪੂਰੇ ਪੰਜਾਬ ਨੂੰ ਭਾਰਤ ਤੋਂ ਵੱਖ ਕਰਨ ਅਤੇ ਖਾਲਿਸਤਾਨ ਨਾਮਕ ਸਿੱਖ ਪ੍ਰਭੂਸੱਤਾ ਸੰਪੰਨ ਰਾਜ ਸਥਾਪਤ ਕਰਨ ਲਈ ਕਿਹਾ ਹੈ, ਅਤੇ ਭਾਰਤ ਸਰਕਾਰ ਨੇ ਪੀੜਤ ਅਤੇ ਉਸਦੀ ਵੱਖਵਾਦੀ ਸੰਗਠਨ ਨੂੰ ਭਾਰਤ ਤੋਂ ਪਾਬੰਦੀ ਲਗਾ ਦਿੱਤੀ ਹੈ।
CC-1 ਦੇ ਨਿਰਦੇਸ਼ਾਂ 'ਤੇ, ਗੁਪਤਾ ਨੇ ਇੱਕ ਵਿਅਕਤੀ ਨਾਲ ਸੰਪਰਕ ਕੀਤਾ ਜਿਸਨੂੰ ਗੁਪਤਾ ਇੱਕ ਅਪਰਾਧਿਕ ਸਹਿਯੋਗੀ ਮੰਨਦਾ ਸੀ ਪਰ ਅਸਲ ਵਿੱਚ ਉਹ ਇੱਕ ਗੁਪਤ ਸਰੋਤ ਸੀ ਜੋ DEA (CS) ਨਾਲ ਨਿਊਯਾਰਕ ਸਿਟੀ ਵਿੱਚ ਪੀੜਤ ਨੂੰ ਕਤਲ ਕਰਨ ਲਈ ਇੱਕ ਹਿੱਟਮੈਨ ਨੂੰ ਕਰਾਰ ਦੇਣ ਵਿੱਚ ਸਹਾਇਤਾ ਲਈ ਕੰਮ ਕਰ ਰਿਹਾ ਸੀ। CS ਨੇ ਗੁਪਤਾ ਦੀ ਜਾਣ-ਪਛਾਣ ਇੱਕ ਕਥਿਤ ਹਿੱਟਮੈਨ ਨਾਲ ਕਰਵਾਈ, ਜੋ ਅਸਲ ਵਿੱਚ ਡੀਈਏ ਅੰਡਰਕਵਰ ਅਫਸਰ (UC) ਸੀ। CC-1 ਬਾਅਦ ਵਿੱਚ, ਗੁਪਤਾ ਦੁਆਰਾ ਦਲਾਲਾਂ ਵਿੱਚ, ਪੀੜਤ ਦੀ ਹੱਤਿਆ ਕਰਨ ਲਈ UC ਨੂੰ $100,000 ਦਾ ਭੁਗਤਾਨ ਕਰਨ ਲਈ ਸਹਿਮਤ ਹੋ ਗਿਆ। 9 ਜੂਨ, 2023 ਨੂੰ ਜਾਂ ਲਗਭਗ, CC-1 ਅਤੇ ਗੁਪਤਾ ਨੇ ਇੱਕ ਸਹਿਯੋਗੀ ਨੂੰ ਕਤਲ ਲਈ ਪੇਸ਼ਗੀ ਭੁਗਤਾਨ ਵਜੋਂ UC ਨੂੰ $15,000 ਨਕਦ ਦੇਣ ਦਾ ਪ੍ਰਬੰਧ ਕੀਤਾ। CC-1 ਦੇ ਸਹਿਯੋਗੀ ਨੇ ਫਿਰ ਮੈਨਹਟਨ ਵਿੱਚ UC ਨੂੰ $15,000 ਡਿਲੀਵਰ ਕੀਤਾ।
ਜੂਨ 2023 ਵਿੱਚ ਜਾਂ ਇਸ ਦੇ ਆਸ-ਪਾਸ, ਕਤਲ ਦੀ ਸਾਜ਼ਿਸ਼ ਨੂੰ ਅੱਗੇ ਵਧਾਉਣ ਲਈ, ਸੀਸੀ-1 ਨੇ ਗੁਪਤਾ ਨੂੰ ਪੀੜਤ ਬਾਰੇ ਨਿੱਜੀ ਜਾਣਕਾਰੀ ਪ੍ਰਦਾਨ ਕੀਤੀ, ਜਿਸ ਵਿੱਚ ਪੀੜਤ ਦੇ ਘਰ ਦਾ ਪਤਾ, ਪੀੜਤ ਨਾਲ ਜੁੜੇ ਫ਼ੋਨ ਨੰਬਰ ਅਤੇ ਪੀੜਤ ਦੇ ਰੋਜ਼ਾਨਾ ਦੇ ਵਿਹਾਰ ਬਾਰੇ ਵੇਰਵੇ ਸ਼ਾਮਲ ਸਨ। ਗੁਪਤਾ ਨੇ ਫਿਰ UC. CC-1 ਨੇ ਗੁਪਤਾ ਨੂੰ ਹੱਤਿਆ ਦੀ ਸਾਜ਼ਿਸ਼ ਦੀ ਪ੍ਰਗਤੀ ਬਾਰੇ ਨਿਯਮਤ ਅੱਪਡੇਟ ਪ੍ਰਦਾਨ ਕਰਨ ਦਾ ਨਿਰਦੇਸ਼ ਦਿੱਤਾ, ਜਿਸ ਨੂੰ ਗੁਪਤਾ ਨੇ ਪੀੜਤ ਦੀਆਂ ਨਿਗਰਾਨੀ ਵਾਲੀਆਂ ਤਸਵੀਰਾਂ ਦੇ ਨਾਲ-ਨਾਲ CC-1 ਨੂੰ ਅੱਗੇ ਭੇਜ ਕੇ ਪੂਰਾ ਕੀਤਾ। ਗੁਪਤਾ ਨੇ UC ਨੂੰ ਇਸ ਕਤਲ ਨੂੰ ਜਲਦੀ ਤੋਂ ਜਲਦੀ ਅੰਜਾਮ ਦੇਣ ਦੇ ਨਿਰਦੇਸ਼ ਦਿੱਤੇ, ਪਰ ਗੁਪਤਾ ਨੇ UC ਨੂੰ ਇਹ ਵੀ ਵਿਸ਼ੇਸ਼ ਤੌਰ 'ਤੇ ਨਿਰਦੇਸ਼ ਦਿੱਤਾ ਕਿ ਉਹ ਉੱਚ ਪੱਧਰੀ ਅਮਰੀਕੀ ਅਤੇ ਭਾਰਤ ਸਰਕਾਰ ਦੇ ਅਧਿਕਾਰੀਆਂ ਵਿਚਕਾਰ ਆਉਣ ਵਾਲੇ ਹਫ਼ਤਿਆਂ ਵਿੱਚ ਹੋਣ ਵਾਲੇ ਅਨੁਮਾਨਿਤ ਰੁਝੇਵਿਆਂ ਦੇ ਸਮੇਂ ਦੇ ਆਲੇ-ਦੁਆਲੇ ਕਤਲ ਨਾ ਕਰਨ।
18 ਜੂਨ, 2023 ਨੂੰ ਜਾਂ ਲਗਭਗ, ਨਕਾਬਪੋਸ਼ ਬੰਦੂਕਧਾਰੀਆਂ ਨੇ ਬ੍ਰਿਟਿਸ਼ ਕੋਲੰਬੀਆ, ਕੈਨੇਡਾ ਵਿੱਚ ਇੱਕ ਸਿੱਖ ਮੰਦਰ ਦੇ ਬਾਹਰ ਹਰਦੀਪ ਸਿੰਘ ਨਿੱਝਰ ਦਾ ਕਤਲ ਕਰ ਦਿੱਤਾ। ਨਿੱਝਰ ਪੀੜਤ ਦਾ ਸਾਥੀ ਸੀ, ਅਤੇ ਪੀੜਤ ਦੀ ਤਰ੍ਹਾਂ, ਸਿੱਖ ਵੱਖਵਾਦੀ ਲਹਿਰ ਦਾ ਆਗੂ ਅਤੇ ਭਾਰਤ ਸਰਕਾਰ ਦਾ ਸਪੱਸ਼ਟ ਆਲੋਚਕ ਸੀ। 19 ਜੂਨ, 2023 ਨੂੰ ਜਾਂ ਲਗਭਗ, ਨਿੱਝਰ ਦੇ ਕਤਲ ਤੋਂ ਅਗਲੇ ਦਿਨ, ਗੁਪਤਾ ਨੇ ਯੂਸੀ ਨੂੰ ਦੱਸਿਆ ਕਿ ਨਿੱਝਰ “ਨਿਸ਼ਾਨਾ ਵੀ ਸੀ” ਅਤੇ “ਸਾਡੇ ਬਹੁਤ ਸਾਰੇ ਨਿਸ਼ਾਨੇ ਹਨ।” ਗੁਪਤਾ ਨੇ ਅੱਗੇ ਕਿਹਾ ਕਿ, ਨਿੱਝਰ ਦੇ ਕਤਲ ਦੇ ਮੱਦੇਨਜ਼ਰ, ਪੀੜਤ ਨੂੰ ਮਾਰਨ ਲਈ "ਹੁਣ ਇੰਤਜ਼ਾਰ ਕਰਨ ਦੀ ਕੋਈ ਲੋੜ ਨਹੀਂ" ਸੀ। 20 ਜੂਨ, 2023 ਨੂੰ ਜਾਂ ਲਗਭਗ, CC-1 ਨੇ ਗੁਪਤਾ ਨੂੰ ਪੀੜਤ ਬਾਰੇ ਇੱਕ ਖ਼ਬਰ ਭੇਜੀ ਅਤੇ ਗੁਪਤਾ ਨੂੰ ਸੁਨੇਹਾ ਭੇਜਿਆ, “[i]t’s [a] ਹੁਣ ਪਹਿਲ ਹੈ।”
ਗੁਪਤਾ 'ਤੇ ਕਿਰਾਏ 'ਤੇ ਕਤਲ ਕਰਨ ਅਤੇ ਕਿਰਾਏ 'ਤੇ ਕਤਲ ਕਰਨ ਦੀ ਸਾਜ਼ਿਸ਼ ਰਚਣ ਦਾ ਦੋਸ਼ ਹੈ। ਦੋਸ਼ੀ ਸਾਬਤ ਹੋਣ 'ਤੇ, ਉਸ ਨੂੰ ਹਰੇਕ ਦੋਸ਼ ਲਈ ਵੱਧ ਤੋਂ ਵੱਧ 10 ਸਾਲ ਦੀ ਕੈਦ ਦੀ ਸਜ਼ਾ ਹੋ ਸਕਦੀ ਹੈ। ਇੱਕ ਸੰਘੀ ਜ਼ਿਲ੍ਹਾ ਅਦਾਲਤ ਦਾ ਜੱਜ ਯੂ.ਐੱਸ. ਸਜ਼ਾ ਸੁਣਾਉਣ ਦੇ ਦਿਸ਼ਾ-ਨਿਰਦੇਸ਼ਾਂ ਅਤੇ ਹੋਰ ਕਾਨੂੰਨੀ ਕਾਰਕਾਂ 'ਤੇ ਵਿਚਾਰ ਕਰਨ ਤੋਂ ਬਾਅਦ ਕੋਈ ਵੀ ਸਜ਼ਾ ਨਿਰਧਾਰਤ ਕਰੇਗਾ।
FBI ਅਤੇ DEA ਮਾਮਲੇ ਦੀ ਜਾਂਚ ਕਰ ਰਹੇ ਹਨ।
ਨਿਆਂ ਵਿਭਾਗ ਦੇ ਅੰਤਰਰਾਸ਼ਟਰੀ ਮਾਮਲਿਆਂ ਦੇ ਦਫਤਰ ਨੇ ਗੁਪਤਾ ਦੀ ਗ੍ਰਿਫਤਾਰੀ ਅਤੇ ਹਵਾਲਗੀ ਨੂੰ ਸੁਰੱਖਿਅਤ ਕਰਨ ਲਈ ਚੈੱਕ ਅਧਿਕਾਰੀਆਂ ਨਾਲ ਕੰਮ ਕੀਤਾ।
ਨੈਸ਼ਨਲ ਸਕਿਓਰਿਟੀ ਡਿਵੀਜ਼ਨ ਦੇ ਕਾਊਂਟਰ ਇੰਟੈਲੀਜੈਂਸ ਅਤੇ ਐਕਸਪੋਰਟ ਕੰਟਰੋਲ ਸੈਕਸ਼ਨ ਦੇ ਟ੍ਰਾਇਲ ਅਟਾਰਨੀ ਕ੍ਰਿਸਟੋਫਰ ਕੁੱਕ ਅਤੇ ਰੌਬਰਟ ਮੈਕੁਲਰਜ਼, ਟ੍ਰਾਇਲ ਅਟਾਰਨੀ ਏ.ਜੇ. ਨੈਸ਼ਨਲ ਸਕਿਓਰਿਟੀ ਡਿਵੀਜ਼ਨ ਦੇ ਅੱਤਵਾਦ ਰੋਕੂ ਸੈਕਸ਼ਨ ਦੇ ਡਿਕਸਨ ਅਤੇ ਨਿਊਯਾਰਕ ਦੇ ਦੱਖਣੀ ਜ਼ਿਲ੍ਹੇ ਲਈ ਸਹਾਇਕ ਯੂਐਸ ਅਟਾਰਨੀ ਕੈਮਿਲ ਐਲ ਫਲੇਚਰ, ਐਸ਼ਲੇ ਸੀ. ਨਿਕੋਲਸ ਅਤੇ ਅਲੈਗਜ਼ੈਂਡਰ ਲੀ ਇਸ ਕੇਸ ਦੀ ਪੈਰਵੀ ਕਰ ਰਹੇ ਹਨ।
ਇਲਜ਼ਾਮ ਸਿਰਫ਼ ਇਲਜ਼ਾਮ ਹੈ। ਸਾਰੇ ਬਚਾਓ ਪੱਖ ਉਦੋਂ ਤੱਕ ਨਿਰਦੋਸ਼ ਮੰਨੇ ਜਾਂਦੇ ਹਨ ਜਦੋਂ ਤੱਕ ਕਨੂੰਨ ਦੀ ਅਦਾਲਤ ਵਿੱਚ ਵਾਜਬ ਸ਼ੱਕ ਤੋਂ ਪਰੇ ਦੋਸ਼ੀ ਸਾਬਤ ਨਹੀਂ ਹੋ ਜਾਂਦਾ।
न्याय विभाग ने न्यूयॉर्क शहर में अमेरिकी नागरिक की हत्या की नाकाम साजिश के सिलसिले में आरोपी भारतीय नागरिक के प्रत्यर्पण की घोषणा कीRead the Press Release
एक भारतीय नागरिक को चेक गणराज्य से संयुक्त राज्य अमेरिका प्रत्यर्पित किया गया, ताकि उस पर हत्या के लिए पैसे देने का आरोप लगाया जा सके।
निखिल गुप्ता उर्फ निक, 53 वर्षीय भारतीय नागरिक को 30 जून, 2023 को चेक गणराज्य में गिरफ्तार कर हिरासत में लिया गया और संयुक्त राज्य अमेरिका और चेक गणराज्य के बीच द्विपक्षीय प्रत्यर्पण संधि के अनुसार प्रत्यर्पित किया गया। गुप्ता 14 जून को अमेरिका पहुंचे और आज उन पर आरोप लगाएगए।
अटॉर्नी जनरल मेरिक बी. गारलैंड ने कहा, "इस प्रत्यर्पण से यह स्पष्ट हो जाता है कि न्याय विभाग अमेरिकी नागरिकों को चुप कराने या उन्हें नुकसान पहुंचाने के प्रयासों को बर्दाश्त नहीं करेगा।" “निखिल गुप्ता को अब एक अमेरिकी अदालत में न्याय का सामना करना पड़ेगा, क्योंकि वह एक कथित साजिश में शामिल था, जिसका निर्देशन भारत सरकार के एक कर्मचारी द्वारा किया गया था, जिसमें भारत में सिख अलगाववादी आंदोलन का समर्थन करने वाले एक अमेरिकी नागरिक को निशाना बनाकर उसकी हत्या करने की साजिश रची गई थी। मैं विभाग के एजेंटों का आभारी हूं जिन्होंने इस हत्या की साजिश को नाकाम कर दिया और हमारे चेक साझेदारों का भी इस गिरफ्तारी और प्रत्यर्पण में उनकी सहायता के लिए आभारी हूं।”
डिप्टी अटॉर्नी जनरल लिसा मोनाको ने कहा, "यह हत्या की साजिश - जिसे कथित तौर पर न्यूयॉर्क शहर में एक अमेरिकी नागरिक की हत्या के लिए भारतीय एक सरकारी कर्मचारी द्वारा रचा गया था - एक राजनीतिक कार्यकर्ता को एक सर्वोत्कृष्ट अमेरिकी अधिकार: अभिव्यक्ति की स्वतंत्रता का प्रयोग करने पर चुप कराने का एक बेशर्म प्रयास था।" "प्रतिवादी का प्रत्यर्पण न्याय की दिशा में एक महत्वपूर्ण कदम है, और मैं इस मामले में सहायता के लिए हमारे चेक भागीदारों का आभारी हूं। हम यहां या विदेश में अमेरिकी नागरिकों को नुकसान पहुंचाने की कोशिश करने वालों की पहचान करने, उन्हें रोकने और उन्हें जवाबदेह ठहराने के लिए लगातार काम करते रहेंगे।”
FBI के निदेशक क्रिस्टोफर रे ने कहा, "इस प्रतिवादी को अमेरिकी धरती पर एक अमेरिकी नागरिक की हत्या की साजिश में उसकी कथित भूमिका के लिए प्रत्यर्पित किया गया है।" “FBI संयुक्त राज्य अमेरिका में संवैधानिक रूप से संरक्षित स्वतंत्रता को दबाने के लिए विदेशी नागरिकों या किसी अन्य व्यक्ति के प्रयासों को बर्दाश्त नहीं करेगी। हम अपने नागरिकों और इन पवित्र अधिकारों की रक्षा के लिए देश और विदेश में अपने साझेदारों के साथ मिलकर काम करना जारी रखेंगे।”
न्यूयॉर्क के दक्षिणी जिले के अमेरिकी अटॉर्नी डेमियन विलियम्स ने कहा, "जैसा कि आरोप लगाया गया है, प्रतिवादी ने भारत से एक भारतीय सरकारी कर्मचारी के साथ मिलकर न्यूयॉर्क शहर में भारतीय मूल के एक अमेरिकी नागरिक की हत्या की असफल साजिश रची।" "आज का प्रत्यर्पण उन लोगों की जांच करने, उन्हें विफल करने और उन पर मुकदमा चलाने के हमारे अडिग संकल्प को स्पष्ट करता है जो यहां और अन्य जगहों पर अमेरिकी नागरिकों को नुकसान पहुंचाने और चुप कराने की कोशिश करते हैं। हम इस प्रत्यर्पण में अपने चेक सरकार के समकक्षों के घनिष्ठ सहयोग के लिए उन्हें धन्यवाद देते हैं।”
“पिछले वर्ष, DEA ने एक भारतीय सरकारी कर्मचारी और अंतरराष्ट्रीय मादक पदार्थ तस्कर निखिल गुप्ता द्वारा रची गई हत्या की साजिश का पर्दाफाश किया था। गुप्ता पर आरोप है कि उन्होंने अमेरिकी धरती पर एक अमेरिकी नागरिक की हत्या की खतरनाक साजिश रची थी। DEA की पहली प्राथमिकता हमेशा अमेरिकी लोगों का स्वास्थ्य और सुरक्षा है,” DEA प्रशासक ऐनी मिलग्राम ने कहा। "यह प्रत्यर्पण DEA न्यूयॉर्क डिवीजन के ड्रग एन्फोर्समेंट टास्क फोर्स की कड़ी मेहनत और प्रतिबद्धता का परिणाम है, जिसमें DEA, न्यूयॉर्क राज्य पुलिस और न्यूयॉर्क सिटी पुलिस विभाग शामिल हैं। यह मामला DEA द्वारा दुनिया भर में हमारे कानून प्रवर्तन साझेदारों, जैसे चेक गणराज्य के राष्ट्रीय ड्रग मुख्यालय, और साथ ही यहां हमारे संघीय कानून प्रवर्तन साझेदारों के साथ बनाई गई साझेदारियों का भी प्रमाण है।”
अदालती दस्तावेजों के अनुसार, पिछले वर्ष एक भारतीय सरकारी कर्मचारी (CC-1) ने गुप्ता तथा भारत और अन्य स्थानों पर अन्य लोगों के साथ मिलकर, अमेरिकी धरती पर एक वकील और राजनीतिक कार्यकर्ता, जो भारतीय मूल का अमेरिकी नागरिक है, की हत्या की साजिश रची थी।
गुप्ता एक भारतीय नागरिक है जो भारत में रहता है, CC-1 का सहयोगी है, तथा उसने CC-1 और अन्य के साथ अपने संचार में अंतर्राष्ट्रीय मादक पदार्थों और हथियारों की तस्करी में अपनी संलिप्तता का उल्लेख किया है। CC-1 एक भारतीय सरकारी एजेंसी का कर्मचारी है, जिसने खुद को "सुरक्षा प्रबंधन" और "खुफिया" जिम्मेदारियों वाले एक "वरिष्ठ क्षेत्र अधिकारी" के रूप में वर्णित किया है और पहले भारत के केंद्रीय रिजर्व पुलिस बल में सेवा करने और "युद्ध शिल्प" और "हथियारों" में "अधिकारी प्रशिक्षण" प्राप्त करने का संदर्भ दिया है। CC-1 ने भारत से हत्या की साजिश का निर्देशन किया था।
मई 2023 में या उसके आसपास, CC-1 ने गुप्ता को अमेरिका में पीड़ित की हत्या की योजना बनाने के लिए भर्ती किया। पीड़ित भारत सरकार का मुखर आलोचक है और एक अमेरिकी-आधारित संगठन का नेतृत्व करता है जो पंजाब के अलगाव की वकालत करता है, जो उत्तर भारत का एक राज्य है जो भारत में एक जातीय-धार्मिक अल्पसंख्यक समूह सिखों की एक बड़ी आबादी का घर है। पीड़ित ने सार्वजनिक रूप से पंजाब के कुछ या पूरे हिस्से को भारत से अलग करने और खालिस्तान नामक एक सिख संप्रभु राज्य की स्थापना करने का आह्वान किया है, और भारत सरकार ने पीड़ित और उसके अलगाववादी संगठन पर भारत में प्रतिबंध लगा दिया है।
CC-1 के निर्देश पर, गुप्ता ने एक व्यक्ति से संपर्क किया, जिसके बारे में गुप्ता का मानना था कि वह एक आपराधिक सहयोगी है, लेकिन वास्तव में वह एक गोपनीय स्रोत था, जो न्यूयॉर्क शहर में पीड़ित की हत्या करने के लिए एक हत्यारे को अनुबंधित करने में सहायता के लिए DEA (CS) के साथ काम कर रहा था। CS ने गुप्ता को एक कथित हिटमैन से मिलवाया, जो वास्तव में डीईए का एक अंडरकवर अधिकारी (UC) था। इसके बाद CC-1 ने गुप्ता द्वारा मध्यस्थता करते हुए, पीड़ित की हत्या के लिए UC को 100,000 डॉलर का भुगतान करने पर सहमत हुआ। 9 जून, 2023 को या उसके आसपास, CC-1 और गुप्ता ने एक सहयोगी के माध्यम से हत्या के लिए अग्रिम भुगतान के रूप में UC को 15,000 डॉलर नकद पहुंचाने की व्यवस्था की। इसके बाद CC-1 के सहयोगी ने मैनहट्टन स्थित UC को 15,000 डॉलर की राशि पहुंचा दी।
जून 2023 में या उसके आसपास, हत्या की साजिश को आगे बढ़ाने के लिए, CC-1 ने गुप्ता को पीड़ित के बारे में व्यक्तिगत जानकारी प्रदान की, जिसमें पीड़ित का घर का पता, पीड़ित से जुड़े फोन नंबर और पीड़ित के दिन-प्रतिदिन के आचरण के बारे में विवरण शामिल थे, जिसे गुप्ता ने फिर UC को दे दिया। CC-1 ने गुप्ता को हत्या की साजिश की प्रगति पर नियमित अपडेट देने का निर्देश दिया, जिसे गुप्ता ने अन्य चीजों के अलावा, पीड़ित की निगरानी तस्वीरें CC-1 को भेजकर पूरा किया। गुप्ता ने UC को यथाशीघ्र हत्या को अंजाम देने का निर्देश दिया, लेकिन गुप्ता ने UC को यह भी स्पष्ट निर्देश दिया कि वह उच्च-स्तरीय अमेरिकी और भारतीय सरकारी अधिकारियों के बीच आगामी सप्ताहों में होने वाली संभावित बैठकों के समय के आसपास हत्या न की जाए।
18 जून 2023 को या उसके आसपास, नकाबपोश बंदूकधारियों ने कनाडा के ब्रिटिश कोलंबिया में एक सिख मंदिर के बाहर हरदीप सिंह निज्जर की हत्या कर दी। निज्जर पीड़िता का सहयोगी था और पीड़िता की तरह ही सिख अलगाववादी आंदोलन का नेता तथा भारत सरकार का मुखर आलोचक था। निज्जर की हत्या के अगले दिन यानी 19 जून 2023 को गुप्ता ने UC को बताया कि निज्जर भी “लक्ष्य था” और “हमारे पास बहुत सारे लक्ष्य हैं।” गुप्ता ने कहा कि निज्जर की हत्या के मद्देनजर, अब पीड़ित को मारने में “इंतजार करने की कोई जरूरत नहीं है।” 20 जून 2023 को या उसके आसपास, CC-1 ने गुप्ता को पीड़िता के बारे में एक समाचार लेख भेजा और गुप्ता को संदेश दिया, “यह अब [एक] प्राथमिकता है।”
गुप्ता पर भाड़ेपरहत्या करने और भाड़ेपरहत्या की साजिश रचने का आरोप है। यदि वह दोषी पाया जाता है तो उसे प्रत्येक आरोप के लिए अधिकतम 10 वर्ष की जेल की सजा हो सकती है। संघीय जिला न्यायालय का न्यायाधीश अमेरिकी सजा संबंधी दिशानिर्देशों और अन्य वैधानिक कारकों पर विचार करने के बाद ही कोई सजा निर्धारित करेगा।
FBI और DEA मामले की जांच कर रहे हैं।
न्याय विभाग के अंतर्राष्ट्रीय मामलों के कार्यालय ने गुप्ता की गिरफ्तारी और प्रत्यर्पण सुनिश्चित करने के लिए चेक अधिकारियों के साथ काम किया।
राष्ट्रीय सुरक्षा प्रभाग के प्रति-खुफिया और निर्यात नियंत्रण अनुभाग के ट्रायल अटॉर्नी क्रिस्टोफर कुक और रॉबर्ट मैककुलर्स, राष्ट्रीय सुरक्षा प्रभाग के आतंकवाद निरोधक अनुभाग के ट्रायल अटॉर्नी ए.जे. डिक्सन और न्यूयॉर्क के दक्षिणी जिले के सहायक अमेरिकी अटॉर्नी केमिली एल. फ्लेचर, एशले सी. निकोलस और अलेक्जेंडर ली इस मामले की पैरवी कर रहे हैं।
अभियोग केवल एक आरोप है। सभी प्रतिवादियों को तब तक निर्दोष माना जाता है जब तक कि उन्हें न्यायालय में उचित संदेह से परे दोषी साबित नहीं कर दिया जाता है।
U.S. Attorney Announces Extradition of Indian National Charged in Connection with Foiled Plot to Assassinate U.S. Citizen in New York CityRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Merrick B. Garland, the Attorney General of the United States; Lisa Monaco, the Deputy Attorney General of the United States; Anne Milgram, the Administrator of the Drug Enforcement Administration (“DEA”); and Christopher A. Wray, the Director of the Federal Bureau of Investigation (“FBI”), announced today the extradition of NIKHIL GUPTA, a/k/a “Nick,” from the Czech Republic on the murder-for-hire charges contained in a Superseding Indictment. GUPTA was arrested and detained in the Czech Republic on June 30, 2023, and extradited pursuant to the bilateral extradition treaty between the U.S. and the Czech Republic. GUPTA arrived in the Southern District of New York on June 14, 2024, and was arraigned on the charges in the Superseding Indictment before U.S. Magistrate Judge James L. Cott today. The case is assigned to U.S. District Judge Victor Marrero.
U.S. Attorney Damian Williams said: “As alleged, the defendant conspired from India with an Indian government employee in an unsuccessful assassination plot to assassinate, right here in New York City, a U.S. citizen of Indian origin who has publicly advocated for the establishment of a sovereign state for Sikhs, an ethnoreligious minority group in India. Today’s extradition makes clear our unwavering resolve to investigate, thwart, and prosecute those who seek to harm and silence U.S. citizens here and elsewhere. We thank our Czech government counterparts for their close cooperation in this extradition.”
Attorney General Merrick B. Garland: “This extradition makes clear that the Justice Department will not tolerate attempts to silence or harm American citizens. Nikhil Gupta will now face justice in an American courtroom for his involvement in an alleged plot, directed by an employee of the Indian government, to target and assassinate a U.S. citizen for his support of the Sikh separatist movement in India. I am grateful to the Department’s agents who foiled this assassination plot and to our Czech partners for their assistance in this arrest and extradition.”
Deputy Attorney General Lisa Monaco said: “This murder-for-hire plot — allegedly orchestrated by an Indian government employee to kill a U.S. citizen in New York City — was a brazen attempt to silence a political activist for exercising a quintessential American right: his freedom of speech. The extradition of the defendant is a vital step toward justice, and I am grateful to our Czech partners for their assistance in this matter. We will continue working relentlessly to identify, disrupt, and hold accountable those who seek to harm American citizens here or abroad.”
DEA Administrator Anne Milgram said: “Last year, the DEA uncovered an alleged assassination plot orchestrated by an Indian government employee and Nikhil Gupta, an international narcotics trafficker. Gupta is alleged to have orchestrated a dangerous plot to murder a U.S. citizen on U.S. soil. DEA’s number one priority is always the health and safety of the American people. This extradition is the result of the hard work and commitment of the DEA New York Division’s Drug Enforcement Task Force, which is comprised of DEA, the New York State Police, and the New York City Police Department. This case is also a testament to the partnerships DEA has built with our law enforcement partners around the globe, like the Czech Republic’s National Drug Headquarters, as well as our federal law enforcement partners here at home.”
FBI Director Christopher A. Wray said: “This defendant has been extradited for his alleged role in a plot to assassinate a U.S. citizen on American soil. The FBI will not tolerate attempts by foreign nationals, or anyone else for that matter, to repress constitutionally-protected freedoms in the U.S. We will continue to work with our partners at home and abroad to protect our citizens and these sacred rights.”
As alleged in the Superseding Indictment and other public court documents:[1]
Last year, an Indian government employee (“CC-1”), working together with others in India and elsewhere, including GUPTA, directed a plot to assassinate, on U.S. soil, an attorney and political activist, who is a U.S. citizen of Indian origin (the “Victim”).
GUPTA is an Indian national who resides in India, is an associate of CC-1, and has described his involvement in international narcotics and weapons trafficking in his communications with CC-1 and others. CC-1 is an Indian government agency employee who has variously described himself as a “Senior Field Officer” with responsibilities in “Security Management” and “Intelligence” and has referenced previously serving in India’s Central Reserve Police Force and receiving “officer [] training” in “battle craft” and “weapons.” CC-1 directed the assassination plot from India.
In or about May 2023, CC-1 recruited GUPTA to orchestrate the assassination of the Victim in the U.S. The Victim is a vocal critic of the Indian government and leads a U.S.-based organization that advocates for the secession of Punjab, a state in northern India that is home to a large population of Sikhs, an ethnoreligious minority group in India. The Victim has publicly called for some or all of Punjab to secede from India and establish a Sikh sovereign state called Khalistan, and the Indian government has banned the Victim and his separatist organization from India.
At CC-1’s direction, GUPTA contacted an individual whom GUPTA believed to be a criminal associate but was in fact a confidential source working with the DEA (the “CS”) for assistance in contracting a hitman to murder the Victim in New York City. The CS introduced GUPTA to a purported hitman, who was in fact a DEA undercover officer (the “UC”). CC-1 subsequently agreed, in dealings brokered by GUPTA, to pay the UC $100,000 to murder the Victim. On or about June 9, 2023, CC-1 and GUPTA arranged for an associate to deliver $15,000 in cash to the UC as an advance payment for the murder. CC-1’s associate then delivered the $15,000 to the UC in Manhattan.
In or about June 2023, in furtherance of the assassination plot, CC-1 provided GUPTA with personal information about the Victim, including the Victim’s home address, phone numbers associated with the Victim, and details about the Victim’s day-to-day conduct, which GUPTA then passed to the UC. CC-1 directed GUPTA to provide regular updates on the progress of the assassination plot, which GUPTA accomplished by forwarding to CC-1, among other things, surveillance photographs of the Victim. GUPTA directed the UC to carry out the murder as soon as possible, but GUPTA also specifically instructed the UC not to commit the murder around the time of anticipated engagements scheduled to occur in the ensuing weeks between high-level U.S. and Indian government officials.
On or about June 18, 2023, masked gunmen murdered Hardeep Singh Nijjar outside a Sikh temple in British Columbia, Canada. Nijjar was an associate of the Victim, and like the Victim, was a leader of the Sikh separatist movement and an outspoken critic of the Indian government. On or about June 19, 2023, the day after the Nijjar murder, GUPTA told the UC that Nijjar “was also the target” and “we have so many targets.” GUPTA added that, in light of Nijjar’s murder, there was “now no need to wait” on killing the Victim. On or about June 20, 2023, CC-1 sent GUPTA a news article about the Victim and messaged GUPTA, “[i]t’s [a] priority now.”
* * *
GUPTA, 52, an Indian national, has been charged with murder-for-hire, which carries a maximum sentence of 10 years in prison, and conspiracy to commit murder-for-hire, which carries a maximum sentence of 10 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the DEA’s New York Drug Enforcement Task Force and the Counterintelligence Division of the FBI’s New York Field Office. Mr. Williams also thanked the DEA’s Special Operations Division, the DEA’s Vienna Country Office, the FBI’s Prague Country Office, the Department of Justice’s National Security Division, and the Czech Republic’s National Drug Headquarters for their assistance. The DEA’s New York Drug Enforcement Task Force comprises agents and task force officers of the DEA, New York City Police Department, and the New York State Police.
The Justice Department’s Office of International Affairs worked with Czech authorities to secure the arrest and extradition of Gupta.
This case is being handled by the Office’s National Security and International Narcotics Unit, Violent and Organized Crime Unit, and Narcotics Unit. Assistant U.S. Attorneys Camille L. Fletcher, Ashley C. Nicolas, and Alexander Li are in charge of the prosecution, with assistance from Trial Attorneys Christopher Cook and Robert McCullers of the National Security Division’s Counterintelligence and Export Control Section, as well as Trial Attorney A.J. Dixon of the National Security Division’s Counterterrorism Section.
The charges contained in the Superseding Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment and the description of the Superseding Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Lamor Whitehead, Brooklyn Church Leader, Sentenced to Nine Years in Prison for Fraud, Extortion, and False StatementsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that LAMOR WHITEHEAD was sentenced today by U.S. District Judge Lorna G. Schofield to nine years in prison for wire fraud, attempted wire fraud, attempted extortion, and making false statements to federal law enforcement agents. WHITEHEAD was previously convicted on all charges following a two-week trial.
U.S. Attorney Damian Williams said: “Lamor Whitehead is a con man who stole millions of dollars in a string of financial frauds and even stole from one of his own parishioners. He lied to federal agents, and again to the Court at his trial. Today’s sentence puts an end to Whitehead’s various schemes and reflects this Office’s commitment to bring accountability to those who abuse their positions of trust.”
According to the allegations in the Indictment and the evidence at trial:
WHITEHEAD, who leads a church in Brooklyn, New York, stole from his own parishioners, sought to defraud and extort a businessman, and committed loan fraud. First, WHITEHEAD induced one of his parishioners to invest approximately $90,000 of her retirement savings with him by promising to use the money to help her buy a home. He then spent the money on luxury goods and other personal expenses and, when she demanded to be paid back, he continued to lie to avoid returning the money. Second, WHITEHEAD extorted a businessman for $5,000, then attempted to convince the same businessman to lend him $500,000 and give him a stake in certain real estate transactions in return for favorable actions from the Mayor of New York City, even though WHITEHEAD knew he could not obtain the favors he promised. Third, WHITEHEAD submitted a fraudulent application for a $250,000 business loan, including doctored bank statements that falsely claimed WHITEHEAD had millions of dollars in the bank and hundreds of thousands of dollars in monthly revenue. He submitted similar fraudulent applications to various other financial institutions, stealing millions of dollars in the process. Finally, when speaking with FBI agents who were executing a search warrant outside WHITEHEAD’s mansion in New Jersey, WHITEHEAD falsely claimed that he had no cellphones other than the phone he was carrying when, in fact, WHITEHEAD had and regularly used a second cellphone, which was inside his house at the time.
* * *
In addition to the prison term, WHITEHEAD, 45, of Paramus, New Jersey, was sentenced to three years of supervised release and ordered to pay $85,000 in restitution and forfeit $95,000.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Jessica Greenwood, Jane Kim, and Derek Wikstrom are in charge of the prosecution.
Justice Department Announces Extradition of Indian National Charged in Connection with Foiled Plot to Assassinate U.S. Citizen in New York CityRead the Press Release
An Indian national was extradited to the United States from the Czech Republic to face murder-for-hire charges.
Nikhil Gupta, also known as Nick, 53, an Indian national, was arrested and detained in the Czech Republic on June 30, 2023, and extradited pursuant to the bilateral extradition treaty between the United States and the Czech Republic. Gupta arrived in the United States on June 14 and was presented on the charges today.
“This extradition makes clear that the Justice Department will not tolerate attempts to silence or harm American citizens,” said Attorney General Merrick B. Garland. “Nikhil Gupta will now face justice in an American courtroom for his involvement in an alleged plot, directed by an employee of the Indian government, to target and assassinate a U.S. citizen for his support of the Sikh separatist movement in India. I am grateful to the Department’s agents who foiled this assassination plot and to our Czech partners for their assistance in this arrest and extradition.”
“This murder-for-hire plot — allegedly orchestrated by an Indian government employee to kill a U.S. citizen in New York City — was a brazen attempt to silence a political activist for exercising a quintessential American right: his freedom of speech,” said Deputy Attorney General Lisa Monaco. “The extradition of the defendant is a vital step toward justice, and I am grateful to our Czech partners for their assistance in this matter. We will continue working relentlessly to identify, disrupt, and hold accountable those who seek to harm American citizens here or abroad.”
“This defendant has been extradited for his alleged role in a plot to assassinate a U.S. citizen on American soil,” said Director Christopher Wray of the FBI. “The FBI will not tolerate attempts by foreign nationals, or anyone else for that matter, to repress constitutionally-protected freedoms in the United States. We will continue to work with our partners at home and abroad to protect our citizens and these sacred rights.”
“As alleged, the defendant conspired from India with an Indian government employee to in an unsuccessful assassination plot, right here in New York City, against a U.S. citizen of Indian origin,” said U.S. Attorney Damian Williams for the Southern District of New York. “Today’s extradition makes clear our unwavering resolve to investigate, thwart, and prosecute those who seek to harm and silence U.S. citizens here and elsewhere. We thank our Czech government counterparts for their close cooperation in this extradition.”
“Last year, the DEA uncovered an assassination plot orchestrated by an Indian government employee and Nikhil Gupta, an international narcotics trafficker. Gupta is alleged to have orchestrated a dangerous plot to murder a U.S. citizen on U.S. soil. DEA’s number one priority is always the health and safety of the American people,” said DEA Administrator Anne Milgram. “This extradition is the result of the hard work and commitment of the DEA New York Division’s Drug Enforcement Task Force, which is comprised of DEA, the New York State Police, and the New York City Police Department. This case is also a testament to the partnerships DEA has built with our law enforcement partners around the globe, like the Czech Republic’s National Drug Headquarters, as well as our federal law enforcement partners here at home.”
According to court documents, last year, an Indian government employee (CC-1) worked together with Gupta and others in India and elsewhere to direct an assassination plot against an attorney and political activist, who is a U.S. citizen of Indian origin, on U.S. soil.
Gupta is an Indian national who resides in India, is an associate of CC-1, and has described his involvement in international narcotics and weapons trafficking in his communications with CC-1 and others. CC-1 is an Indian government agency employee who has variously described himself as a “senior field officer” with responsibilities in “security management” and “intelligence” and has referenced previously serving in India’s Central Reserve Police Force and receiving “officer [] training” in “battle craft” and “weapons.” CC-1 directed the assassination plot from India.
In or about May 2023, CC-1 recruited Gupta to orchestrate the assassination of the victim in the U.S. The victim is a vocal critic of the Indian government and leads a U.S.-based organization that advocates for the secession of Punjab, a state in northern India that is home to a large population of Sikhs, an ethnoreligious minority group in India. The victim has publicly called for some or all of Punjab to secede from India and establish a Sikh sovereign state called Khalistan, and the Indian government has banned the victim and his separatist organization from India.
At CC-1’s direction, Gupta contacted an individual whom Gupta believed to be a criminal associate but was in fact a confidential source working with the DEA (the CS) for assistance in contracting a hitman to murder the victim in New York City. The CS introduced Gupta to a purported hitman, who was in fact a DEA undercover officer (the UC). CC-1 subsequently agreed, in dealings brokered by Gupta, to pay the UC $100,000 to murder the victim. On or about June 9, 2023, CC-1 and Gupta arranged for an associate to deliver $15,000 in cash to the UC as an advance payment for the murder. CC-1’s associate then delivered the $15,000 to the UC in Manhattan.
In or about June 2023, in furtherance of the assassination plot, CC-1 provided Gupta with personal information about the victim, including the victim’s home address, phone numbers associated with the victim and details about the victim’s day-to-day conduct, which Gupta then passed to the UC. CC-1 directed Gupta to provide regular updates on the progress of the assassination plot, which Gupta accomplished by forwarding to CC-1, among other things, surveillance photographs of the victim. Gupta directed the UC to carry out the murder as soon as possible, but Gupta also specifically instructed the UC not to commit the murder around the time of anticipated engagements scheduled to occur in the ensuing weeks between high-level U.S. and Indian government officials.
On or about June 18, 2023, masked gunmen murdered Hardeep Singh Nijjar outside a Sikh temple in British Columbia, Canada. Nijjar was an associate of the victim, and like the victim, was a leader of the Sikh separatist movement and an outspoken critic of the Indian government. On or about June 19, 2023, the day after the Nijjar murder, Gupta told the UC that Nijjar “was also the target” and “we have so many targets.” Gupta added that, in light of Nijjar’s murder, there was “now no need to wait” on killing the victim. On or about June 20, 2023, CC-1 sent Gupta a news article about the victim and messaged Gupta, “[i]t’s [a] priority now.”
Gupta is charged with murder-for-hire and conspiracy to commit murder-for-hire. If convicted, he faces a maximum sentence of 10 years in prison for each charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI and DEA are investigating the case.
The Justice Department’s Office of International Affairs worked with Czech authorities to secure the arrest and extradition of Gupta.
Trial Attorneys Christopher Cook and Robert McCullers of the National Security Division’s Counterintelligence and Export Control Section, Trial Attorney A.J. Dixon of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorneys Camille L. Fletcher, Ashley C. Nicolas and Alexander Li for the Southern District of New York are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former CEO of Medical Device Company Sentenced to Six Years in Prison for Creating and Selling A Fake Component That Was Implanted into PatientsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that LAURA PERRYMAN was sentenced today to six years in prison in connection with a health care fraud scheme whereby PERRYMAN created and sold a fake medical device component and told doctors that they could claim approximately $18,000 for implanting the fake component into patients. The device was sold by Stimwave, a medical device company of which the defendant was the founder, and, at the time of the offense, Chief Executive Officer. Stimwave previously entered into a Non-Prosecution Agreement with the U.S. Attorney’s Office for the Southern District of New York. PERRYMAN was found guilty of heath care fraud and conspiracy to commit health care fraud and wire fraud following a two-week trial before U.S. District Judge Denise L. Cote, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Laura Perryman callously created a dummy medical device component and told doctors to implant it into patients. She did this out of greed, so doctors could bill Medicare and private insurance companies approximately $18,000 for each implantation of that dummy component and so she could entice doctors to buy her device for many thousands of dollars. Perryman breached the trust of the doctors who bought her medical device, and more importantly, the patients who were implanted with that piece of plastic. This prosecution and today’s sentence are part of this Office’s ongoing work in combating fraud in the health care system and protecting patients from being exploited for money.”
According to the allegations in the Indictment and the evidence at trial:
Stimwave was a medical device company that manufactured and distributed implantable neurostimulation devices. As the founder and CEO of Stimwave, PERRYMAN oversaw the design of the StimQ PNS System (the “Device”), a neurostimulator system designed to treat chronic pain by providing electrical currents to peripheral nerves. The Device included a component containing electrodes (the “Lead”) and a receiver component that acted as an antenna, transmitting energy from an external power source to the Lead (the “Pink Stylet”). From at least in or about 2017 up to and including 2020, PERRYMAN, as Stimwave’s CEO, engaged in a multi-year scheme (the “Scheme”) to design, create, manufacture, and market an inert, non-functioning component of the Device — called the “White Stylet.” The White Stylet was marketed as a receiver of radiofrequency energy, but it was made of plastic and could not function as a receiver.
Stimwave sold the Device to doctors and medical providers for approximately $16,000. PERRYMAN instructed health care providers to bill medical insurance providers, including Medicare, for implanting the Device into patients through two separate reimbursement codes. One code was for implantation of the stimulator portion of the Lead, and a second was for implantation of a receiver. The billing code for implanting the Lead provided for reimbursement at a rate of between approximately $4,000 and $6,000, while the billing code for implanting a receiver provided for reimbursement at a rate of between approximately $16,000 and $18,000.
Soon after the Device was released, physicians informed Stimwave that they were having trouble implanting the Pink Stylet in certain patients because the Pink Stylet was too long. PERRYMAN knew that the Pink Stylet could not be cut or trimmed to shorten it without interfering with the functionality of the Pink Stylet as a receiver. And, without a receiver component for doctors to implant and seek reimbursement for, doctors would incur a substantial financial loss with every purchase of the Device, thereby making it more difficult for PERRYMAN to sell the Device to doctors and medical providers at the approximately $16,000 price.
However, Stimwave — at the direction of PERRYMAN — did not lower the price of the Device so that its cost to doctors and medical providers could be covered by reimbursement for the implantation of only the Lead. Nor did PERRYMAN recommend that doctors not implant the Device or its receiver component in cases where the Pink Stylet could not fit comfortably. Instead, PERRYMAN directed that Stimwave create the White Stylet — a dummy component made entirely of plastic, but which PERRYMAN misrepresented to doctors as a receiver alternative to the Pink Stylet. The White Stylet could be cut to size by the doctor for use in smaller anatomical spaces and was created solely so that doctors and medical providers would continue to purchase the Device for use in those scenarios and continue to bill for the implantation of a receiver component. To perpetuate the lie that the White Stylet was functional, PERRYMAN oversaw trainings for doctors that indicated the White Stylet was a “receiver,” when in fact it was made entirely of plastic, contained no copper, and therefore had no conductivity. In addition, PERRYMAN directed other Stimwave employees to vouch for the efficacy of the White Stylet as a receiver, when she knew that the White Stylet could not function as a receiver.
As a result of these misrepresentations regarding the functionality of the White Stylet, PERRYMAN caused doctors and medical providers to implant the White Stylet into patients and submit reimbursement claims for implantation of the White Stylet to health insurance providers, including Medicare.
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In addition to the prison term, PERRYMAN, 55, of Delray Beach, Florida, was sentenced to three years of supervised release.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation for its assistance in this matter.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Jacob Bergman, Mónica Folch, Steven Kochevar, and Kimberly Ravener, with the assistance of Paralegal Specialists Joseph Carbone and Julia Gutierrez, are in charge of the prosecution.
U.S. Attorney Files Civil Fraud Suit Against LabQ and Its CEO for Fraudulently Billing COVID-19 TestingRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Elysia Doherty, Assistant Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that the United States has filed a Complaint against LABQ CLINICAL DIAGNOSTICS, LLC (“LABQ”); COMMUNITY MOBILE TESTING, INC. (“CMT”); DART MEDICAL LABORATORY, INC. (“DART MEDICAL”); and their CEO, MOSHE LANDAU (collectively, the “Defendants”), alleging that the Defendants fraudulently billed the federal program that reimbursed health care providers for COVID-19 testing provided to uninsured persons (the “Uninsured Program”). The lawsuit seeks damages and civil penalties under the False Claims Act as well as a recovery of government funds under the common law.
Prior to seeking reimbursement for COVID-19 testing services from the Uninsured Program, testing providers were required to attest to the Health Services and Resources Administration (“HRSA”), a component agency within the U.S. Department of Health and Human Services (“HHS”), that they had confirmed their patients were uninsured and that no one else would pay for the cost of the COVID-19 testing. However, as alleged in the Complaint, the Defendants frequently knowingly submitted, or caused to be submitted, claims to the Uninsured Program for COVID-19 testing in instances when the cost of the COVID-19 testing had been (or would be) reimbursed by another source and/or the COVID-19 testing had been provided to persons who had health coverage on the relevant date of the service. The Complaint alleges that the Defendants’ fraudulent scheme drained limited funds appropriated by Congress to cover COVID-19 testing costs for uninsured persons.
U.S. Attorney Damian Williams said: “As alleged, LabQ, CMT, Dart Medical, and their CEO, Moshe Landau, fraudulently took tens of millions of dollars from the Uninsured Program for the testing of individuals with health care coverage, and thereby depleted the funds that Congress authorized for the testing of uninsured individuals who truly needed the federal assistance. This Office will hold accountable those who divert federal funds designed to provide critical medical care to the uninsured population of this city and nation in order to line their own pockets.”
HHS-OIG Assistant Special Agent in Charge Elysia Doherty said: “It is alleged in this case that the defendants knowingly sought reimbursements from federal funds available during the COVID-19 pandemic to which they were not entitled. We will continue to work with our law enforcement partners to seek resolutions and effect change to preserve the integrity of the federal health care system.”
FBI Assistant Director in Charge James Smith said: “Moshe Landau, the CEO of various COVID-19 testing companies, allegedly defrauded a federal healthcare program by submitting illegitimate claims to receive unlawful reimbursements. Collecting tens of millions of dollars in reimbursements, Landau and his companies allegedly took advantage of a government initiative that provided support and assistance to healthcare providers during a global pandemic. The FBI is committed to ensuring that people like Landau are rightfully held accountable for their knowing attempts to deceive the government for personal gain, and for exploiting programs designed to serve vulnerable citizens.”
The following allegations are based on the Complaint filed in Manhattan federal court on June 13, 2024:
During the COVID-19 pandemic, LABQ provided COVID-19 testing for school districts and nursing homes, as well as to walk-up patients at numerous LABQ-branded vans and tents located on public streets in New York City. LABQ and DART MEDICAL received approximately $130 million from the Uninsured Program for COVID-19 Testing. In direct contravention of their promises and attestations to HRSA, however, the Defendants frequently submitted, or caused to be submitted, ineligible and fraudulent claims to the Uninsured Program for COVID-19 testing in instances when the cost of the COVID-19 testing had been (or would be) reimbursed by another source and/or the COVID-19 testing had been provided to persons who had health coverage on the relevant date of the service.
More specifically, the Defendants engaged in the following schemes: LABQ, DART MEDICAL, and LANDAU double-billed the Uninsured Program and other health care programs and private institutions for the same COVID-19 testing; LABQ and CMT employees frequently told patients and customers, in sum and substance, that LABQ did not need insurance information and, in instances when LABQ possessed patient insurance information, LABQ, DART MEDICAL, and LANDAU often submitted claims (or caused claims to be submitted) to the Uninsured Program for those patients; and in clear violation of the Uninsured Program’s Terms and Conditions, LABQ, LANDAU, and DART MEDICAL, as a matter of policy, sought reimbursement (or caused others to seek reimbursement) from the Uninsured Program for COVID-19 tests provided to people with health care coverage in instances where LABQ, LANDAU, and DART MEDICAL believed that the patient’s insurer might deny LABQ or DART MEDICAL’s claim for reimbursement.
As a result of the Defendants’ fraudulent conduct, the Uninsured Program paid tens of millions of dollars to LABQ and DART MEDICAL to which they were not entitled. Further, at LANDAU’s direction, LABQ, CMT, and DART MEDICAL disbursed a significant portion of these funds to LANDAU’s personal bank accounts.
Through these practices, the Defendants improperly obtained tens of millions of dollars from the Uninsured Program in violation of both the False Claims Act and the common law.
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The Government intervened, in part, in two whistleblower lawsuits before U.S. District Judge Lewis J. Liman that had previously been filed under seal pursuant to the False Claims Act.
Mr. Williams thanked HHS-OIG, the FBI, HHS, and HRSA for their assistance with the case.
The case is being handled by the Office’s Civil Frauds Unit. Assistant U.S. Attorneys Zack Bannon, Lawrence H. Fogelman, Charles S. Jacob, and Danielle J. Marryshow are in charge of the case.
Money Launderer Sentenced to 30 Months in Prison for Laundering Millions of Dollars of Health Care Fraud ProceedsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that MUKHIDDIN KADIROV was sentenced today to 30 months in prison for his involvement in a conspiracy to launder millions of dollars from a health care fraud scheme that primarily targeted the Medicare and Medicaid programs. KADIROV controlled three shell company bank accounts, opened in the name of another person, that he used to launder over $6 million in health care fraud proceeds, including over $4 million for his co-defendant NERIK ILYAYEV. KADIROV previously pled guilty to one count of conspiracy to commit concealment money laundering before U.S. District Judge Gregory H. Woods, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Mukhiddin Kadirov participated in a complex international money laundering network to launder millions of dollars fraudulently obtained from Medicare and Medicaid, as well as from other insurers. Kadirov abused our financial system by providing false information to banks to use shell company bank accounts to launder millions in fraud proceeds. This prosecution and today’s sentence are part of my Office’s ongoing work to take down complex money laundering networks and safeguard the integrity of our financial systems.”
According to the Complaint, the Information, court filings, and public court proceedings:
From approximately March 2021 through the spring of 2022, KADIROV participated in a sophisticated money laundering network that primarily launders health care fraud proceeds (the “Money Laundering Network”). Members of the Money Laundering Network typically deposit checks from health care companies that represent health care fraud proceeds into New York-based bank accounts held by shell companies. The conspirators controlling the shell companies collect cash typically from U.S.-based individuals who want to remit funds, often to Uzbekistan, through unlicensed channels. The conspirators controlling the shell companies then provide that cash, minus a fee, to the conspirators providing the health care checks. The conspirators controlling the shell companies next typically wire the check deposit proceeds from the shell companies to foreign companies to purchase goods from those foreign companies. The foreign companies ship the goods to importers in Uzbekistan. The importers pay the Uzbekistan-based partners of the conspirators operating the shell companies in U.S. currency for the goods. Those Uzbekistan-based partners would then give the U.S. currency to the families and friends of the individuals who had provided the cash to the conspirators controlling the shell companies in New York.
As part of his participation in the Money Laundering Network, KADIROV controlled three business bank accounts held in the names of three different shell companies that were purportedly wholesale companies (the “Shell Company Accounts”). KADIROV used the Shell Company Accounts to launder approximately $4.2 million from a pharmacy in Manhattan (“Pharmacy-1”) controlled by ILYAYEV that was engaged in a scheme to defraud Medicare and Medicaid by submitting fraudulent billing for expensive HIV medications. Between March 2021 and April 2022, approximately $6.9 million flowed through KADIROV’s Shell Company Accounts, which included not only the fraud proceeds from Pharmacy-1 but also deposits from other pharmacies and health care companies.
KADIROV took significant steps to conceal his role in the money laundering scheme. KADIROV used the identity of another person who was no longer in the United States to control the Shell Company Accounts. When using ATM machines to access the Shell Company Accounts, KADIROV covered his face to obscure his face on bank surveillance video and wore latex gloves to prevent leaving fingerprints. KADIROV also used a burner phone subscribed using a fake name and email address to access the Shell Company Accounts and to call the banks regarding the Shell Company Accounts.
KADIROV conducted his money laundering scheme consistent with the typical practices of the Money Laundering Network, using the Shell Company Accounts to engage in check cashing and unlicensed money transmitting. The three Shell Companies KADIROV used to conduct the money laundering all had either “Wholesale” or “Supply” in their names to give the false impression to banks and law enforcement that the Shell Companies were medical supply companies to disguise the true nature of the transactions between Pharmacy-1 and the Shell Companies. KADIROV’s Shell Company Accounts were funded virtually entirely by check deposits from Pharmacy-1 and other pharmacies. Moreover, consistent with the practices of the Money Laundering Network, KADIROV wired virtually all the funds that flowed through the Shell Company Accounts abroad to companies in China, Ukraine, and Russia.
KADIROV stopped operating the Shell Company Accounts by the spring of 2022, soon after Pharmacy-1 closed in March 2022 after another member of the Money Laundering Network who attempted to launder fraud proceeds from Pharmacy-1 was arrested. KADIROV nevertheless continued to facilitate ILYAYEV’s money laundering. After closing Pharmacy-1, ILYAYEV, using the identity of another person, continued to operate another pharmacy, which he used to defraud No Fault insurance providers of over $1.2 million and to unlawfully sell medications obtained from illegitimate sources, for which the pharmacy received over $900,000 in proceeds. ILYAYEV also used that stolen identity to open multiple corporate bank accounts for the pharmacy to receive and spend the fraud proceeds generated by the pharmacy. KADIROV, who is also a construction contractor, used a debit card in the name of that stolen identity to buy materials for a construction project for ILYAYEV.
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In addition to the prison term, KADIROV, 46, of Queens, New York, was sentenced to three years of supervised release and ordered to forfeit more than $6 million.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation and the U.S. Department of Health and Human Services, Office of the Inspector General. Mr. Williams also thanked the National Insurance Crime Bureau and the Investigations Medicare Drug Integrity Contractor for their assistance in the investigation.
The case is being handled by the Office’s Illicit Finance and Money Laundering Unit. Assistant U.S. Attorneys Cecilia E. Vogel and Thane Rehn are in charge of the prosecution.
Roofing Company Principal Sentenced to Four Months in Prison for Failing to Protect an Employee Who Fell to His DeathRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that JOSE LEMA, a/k/a “Jose Lema Mizhirumbay,” the founder and principal of ALJ Home Improvement, Inc., a New York roofing company, was sentenced today to four months in prison by U.S. Magistrate Judge Judith C. McCarthy for willfully violating Occupational Safety and Health Administration (“OSHA”) regulations, resulting in the death of an employee (“Victim-1”) in New Square, New York, on February 8, 2022. LEMA previously pled guilty to one count of willfully violating OSHA regulations, resulting in the death of an employee on February 26, 2024.
U.S. Attorney Damian Williams said: “Jose Lema endangered the safety of his workers by disregarding regulations and failing to ensure his employees used fall protection systems. This conduct led to the death of a roof worker on a construction site. Today’s sentence should send a message to small businesses that failure to comply with safety regulations endangers workers and can lead to unnecessary and preventable tragedy, and this Office will hold you accountable.”
According to the allegations contained in the Information, court filings, and statements made during court proceedings:
On the morning of February 8, 2022, LEMA sent Victim-1 and three other ALJ employees to install a roof on a three-story multi-family apartment building under construction in New Square, New York. LEMA failed to protect his employees from fall hazards by having them work on the roof of the building without fall protection. After ascending a ladder to the roof, Victim-1 fell to the ground and died from his injuries.
Victim-1’s deadly fall was not the first time an employee of LEMA and ALJ fell to his death at one of ALJ’s worksites or that ALJ employees were exposed to fall hazards. The first fatal fall, on February 27, 2019, involved an ALJ employee who slipped off the roof of a newly constructed three-story home in Kiamesha Lake, New York. During the time between the two employees’ deaths, OSHA investigated and issued numerous citations to ALJ relating to six other ALJ worksites for failure to ensure employees were using fall protection systems. Even after Victim-1’s death, OSHA investigated yet another ALJ worksite and issued citations to ALJ for failing to ensure employees were using fall protection.
In imposing LEMA’s sentence, Judge McCarthy observed that Victim-1’s death was “avoidable” and noted LEMA’s repeated failures to comply with fall protection regulations after the first ALJ employee’s death from falling from a roof.
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In addition to the prison term, LEMA, 41, of Nanuet, New York, was sentenced to one year of supervised release.
Mr. Williams praised the outstanding work of OSHA; the Department of Labor, Office of the Inspector General; and the Special Agents of the U.S. Attorney’s Office for the Southern District of New York.
The prosecution is being handled by the Office’s White Plains Division. Assistant U.S. Attorney Margery Feinzig is in charge of the prosecution.
Illinois Sex Offender Charged with Coercion and Enticement of 15-Year-Old Girl in Dutchess CountyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today a Complaint charging DEREK HASSELBRINK, a/k/a “Derek Spear,” with enticing a minor to engage in unlawful sexual activity and committing this offense while being required to register as a sex offender. HASSELBRINK was arrested this morning and was presented in federal court in the Central District of Illinois before U.S. Magistrate Judge Karen L. McNaught.
U.S. Attorney Damian Williams said: “As alleged, Derek Hasselbrink, a 48-year-old convicted sex offender, pretended to be a 17-year-old boy online in an effort to coerce and entice a 15-year-old girl to engage in sexual activity. Hasselbrink allegedly knew that his victim was a minor, so he lied about his own age and took other measures to hide his unlawful intent. This Office will continue to relentlessly pursue predators who sexually exploit children, whether online or in person.”
FBI Assistant Director in Charge James Smith said: “Those who prey upon the innocence of children represent the dark and twisted side of the criminal underworld. Derek Hasselbrink - having failed to register as a previously convicted sex offender - allegedly seduced and coerced a minor female to participate in illicit sexual activity through lewd and horrifyingly explicit messages. Today's arrest emphasizes the FBI's intrepid vigilance to protecting one of our most vulnerable populations, especially from those who seek to exploit and harm them for perverse gratification.”
According to allegations contained in the Complaint:[1]
From at least in or about April 2023 up to on or about July 2, 2023, HASSELBRINK, a 48-year-old male who was a convicted sex offender, engaged in sexually explicit message conversations with a 15-year-old girl (“Victim-1”) and traveled to meet Victim-1 near her home in Dutchess County, New York, to engage in sexual activity.
Any individuals with information concerning DEREK HASSELBRINK, a/k/a “Derek Spear,” or whose child may have had any communications with HASSELBRINK, are asked to contact the FBI at 1-800-CALL-FBI (225-5324) or https://tips.fbi.gov.
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HASSELBRINK, 48, of Quincy, Illinois, is charged with one count of enticing a minor to engage in unlawful sexual activity, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison, and one count of engaging in this offense while being required to register as a sex offender, which carries a mandatory minimum sentence of 10 years in prison, which must run consecutively to any other sentence imposed.
The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the investigative work of the FBI; the Dutchess County Sheriff’s Office; the Quincy, Illinois Police Department; the Adams County States Attorney’s Office; the Office of the Attorney General of Kentucky; the Springfield, Illinois Field Office of the FBI; and the Cleveland Division of the FBI, Canton Resident Agency’s Child Exploitation Task Force.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Marcia Cohen and Kingdar Prussien are in charge of the prosecution.
The allegations in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
די פאראייניגטע שטאטן גייט אריין אין אן אפמאך-מעמאראנדום מיט דער ניו יארק סטעיט אפיס פון געריכט אדמיניסטראציע צו פארזיכערן צוטריט צו ראקלענד קאונטי דראג באהאנדלונג געריכט פאר באטייליגערס מיט באגרענעצטע קענטשאפט פון ענגלישRead the Press Release
Damian Williams, דער US אדוואקאט פאר דער דרום דיסטריקט פון ניו יארק, און Kristen Clarke, די אסיסטענט גענעראל פראקוראר פון דער יוסטיץ דעפארטמענט'ס בירגעררעכט דיוויזיע, האבן היינט געמאלדן אז די US האט זיך ארייגעלאזט אין אן אפמאך-מעמאראנדום ("MOU") מיט דער ניו יארק סטעיט פאראייניגטע געריכט סיסטעם, אפיס פון געריכט אדמיניסטראציע ("OCA"), צו לייזן דער איבערקוק פון דער ראקלענד קאונטי דראג באהאנדלונג געריכטס אויספאלג פון טיטל VI פון דער בירגערגעריכט אקט פון 1964, וואס פארבאט דיסקרימינאציע אויפן גרונט פון ראסע, פארב, און נאציאנאלע אפשטאם קעגן באקומערס פון פעדעראלע פינאנציעלע הילף. פארבאטענע דיסקרימינאציע קען כולל זיין פארפעלן צו צושטעלן באדײטפולע שפראך צוטריט.
US אדוואקאטDamian Williams האט געזאגט: "מיטגלידער פון דער קאמיוניטי זאלן נישט ווערן אפגעזאגט באדײטפולע צוטריט צום געריכט פראצעס און פראגראמען וואס באטן אָן אלטערנאטיווען צו טרעדיציאנעלע אורטייל צוליב זייער באגרענעצטע קענטשאפט פון ענגליש. מיר דאנקען דעם ראקלענד קאונטי דיסטריקט אדוואקאטס אפיס און OCA פאר מיטארבעטן מיט אונדז צו פארזיכערן אז די ראקלענד קאונטי דראג באהאנדלונג געריכט איז גרייט פאר אלע בארעכטיגטע באטייליגערס, און מיר האפן אז דער אפמאך-מעמאראנדום וועט דינען אלץ א מאדעל פאר אלע געריכטן אין דעם דיסטריקט צו פארזיכערן באדײטפולע צוטריט צו מענטשן מיט באגרענעצטע קענטשאפט פון ענגליש, אין צושטימונג מיט טיטל VI."
אסיסטענט גענעראל פראקוראר Kristen Clarke האט געזאגט: "פארזיכערן גלייכע יוסטיץ לויטן געזעץ מיינט דאס צו טאן אויף א יושרדיגן אופן, גענױ, און פארשטענדליך פאר אלעמען, אבער דאס געשעט נישט נאר אז מענטשן וואס געפונען זיך אין דער געריכט פראצעס קענען קאמוניקירן איינער מיטן אנדערן. מענטשן זאלן נישט געשטראפט ווערן צוליב זייער באגרענעצטע קענטשאפט פון ענגליש און זאלן באקומען די שפראך הילף סערוויסעס וואס זיי נייטיגן זיך, צו קענען זיך באטייליגן יושרדיג אין געריכט פראצעדורן און געריכט באפוילענע טרענירונג אדער היילונג פראגראמען. דער הסכם שטייט אלץ א מאדעל צו פארזיכערן צוטריט צום געריכט, אריינגערעכנט געריכטליכע פראגראמען און סערוויסעס, פאר אלע מענטשן, נישט קוקנדיג אויף זייער קענטשאפט פון ענגליש, און צייכנט אן די אקציעס וואס נייטיגן זיך כדי אוועקצונעמען די פארשטעלעכצער פאר געריכט נוצערס מיט באגרענעצטע קענטשאפט פון ענגליש.
לויט די MOU און פובליק איינגעבנס און דעקלעראציעס:
אין יאנואר 2023, האט דער אפיס איבערגעקוקט א קאמפלעינט וואס טענה'ט אז מענטשן מיט באגרענעצטע קענטשאפט פון ענגליש ("LEP") קענען זיך נישט אינגאנצן באטייליגן אין דער ראקלענד קאונטי דראג באהאנדלונג געריכט ווייל דער געריכט האט נישט צוגעשטעלט קײן איבעזעץ און אויסטייטש סערוויסעס. באלד דערנאך, האט OCA זיך ארייגעמישט אין דעם צוטריט צו די שפראך פראצעדורן פאר דער ראקלענד קאונטי דראג באהאנדלונג געריכט און סוף כל סוף האט איבערגענומען די פאראנטווארליכקייט פארן געריכט אין מארץ 2024. דער אפיס, בשותפות מיט דער בירגעררעכט דיוויזיע, האט געארבעט מיט דער OCA און די ראקלענד קאונטי דיסטריקט אדוואקאטס אפיס, וואס האט אנגעפירט דעם דראג באהאנדלוג געריכט פאר מארץ 2024, צו אידענטיפיצרן נייטיגע רעפארמען צו פארזיכערן אז אלע LEP מענטשן וואס קוואליפיצירן זיך צו באטייליגן אין דעם דראג באהאנדלונג געריכט זאלן האבן באדײטפולע צוטריט צו שפראכן.
בשעת'ן איבערקוקן דעם ענין, האט דער ראקלענד קאונטי דיסטריקט אדוואקאטס אפיס און OCA אנגענומען עטליכע פירמאטיווע טריט צו צושטעלן באדײטפולע צוטריט פאר געריכט באטייליגערס מיט LEP, ארײנגערעכנט זיך אונטערנעמען צו צושטעלן אויסטייטש סערוויסעס פאר אלע געריכט פראצעדורן, זיך פארבונדן מיט ראקלענד קאונטי דראג באהאנדלונג געריכט פאראינטערעסירטע צדדים, און אידנטיפיצירן א לאקאלע היילונג פראוויידער צו צושטעלן גערוכט-באפוילענע היילוג סערוויסעס אין שפאניש.
לויטן MOU, וועט די OCA אננעמען נאך שריט צו פארזיכערן באדײטפולע צוטריט פאר LEP באטייליגערס אין דער ראקלענד קאונטי דראג באהאנדלונג געריכט. די שריט זענען כולל איבערזעצן אלע דאקומענטן צו שפאניש, קרעאל, און אידיש, און נאך אנדערע שפראכן אויב פארלאנגט, מפרסם זיין די דראג באהאנדלונג געריכט פראגראם אין די צוגעגעבענע שפראכן, און פארזיכערן היילונג פרוויידערס וואס וועלן אנבאטן געריכט-באפוילענע דראג היילונג פראגראמען אויף אן אופן וואס שטעלט צו באדײטפולע צוטריט צו מענטשן מיט LEP, אומזיסט צו באטייליגערס.
אינפארמאציע וועגן טיטל VI און באגרענעצטע קענטשאפט פון ענגליש איז דא צו באקומען אויף www.lep.gov. מיטגלידער פון דער פובליק קענען באריכטעווען מעגליכע בירגעררעכט פארברעכנס אין דער דרום דיסטריקט פון ניו יארק אויף https://www.justice.gov/usao-sdny/civil-rights אדער מיט דער דעפארטמענט פון יוסטיץ'ס בירגעררעכט דיוויזיע אויף www.civilrights.justice.gov/report/.
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Mr. Williams האט באדאנקט די בירגעררעכט דיוויזיע, פעדעראלע קאארדינאציע און אויספיר אפטייל, פאר זייער מיטארבעטן צו לייזן דעם ענין.
דער קעיס ווערט באהאנדלט דורך דער אפיס פון בירגעררעכט טייל אין דער ציווילע דיוויזיע. אסיסטאנט US אדוואקאט Christine S. Poscablo איז דער ממונה אויף דער קעיס.
United States Enters into A Memorandum of Understanding with the New York State Office of Court Administration Ensuring Access to Rockland County Drug Treatment Court for Participants with Limited English ProficiencyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Kristen Clarke, the Assistant Attorney General of the Justice Department’s Civil Rights Division, announced today that the United States entered into a Memorandum of Understanding (“MOU”) with the New York State Unified Court System, Office of Court Administration (“OCA”) resolving its review of the Rockland County Drug Treatment Court’s compliance with Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, and national origin by recipients of federal financial assistance. Prohibited discrimination may include a failure to provide meaningful language access.
U.S. Attorney Damian Williams said: “Members of the community should not be denied meaningful access to court proceedings and programs offering alternatives to traditional sentencing because of their limited English proficiency. We thank the Rockland County District Attorney’s Office and OCA for working with us to ensure that the Rockland County Drug Treatment Court is available to all eligible participants, and we hope that this Memorandum of Understanding can serve as a model for all courts in this district to ensure meaningful access to persons with limited English proficiency, in compliance with Title VI.”
Assistant Attorney General Kristen Clarke said: “Ensuring equal justice under law means doing so in a manner that is fair, accurate and understandable for all, but that does not happen unless people involved in the judicial process can communicate with each other. People should not be penalized for their limited English proficiency and should receive the language assistance services they need to fairly participate in court proceedings and court-mandated trainings or treatment programs. This agreement stands as a model for ensuring access to the courts, including its programs and services, for all people, regardless of English proficiency, and outlines the actions needed to eliminate barriers for court users with limited English proficiency.”
According to the MOU and public filings and statements:
In January 2023, this Office reviewed a complaint alleging that people with limited English proficiency (“LEP”) could not participate fully in the Rockland County Drug Treatment Court because the Court did not provide translation and interpretation services. Shortly thereafter, OCA became involved in the language access procedures for the Rockland County Drug Treatment Court and ultimately assumed responsibility for the Court in March 2024. This Office, in collaboration with the Civil Rights Division, worked with OCA and the Rockland County District Attorney’s Office, which operated the Drug Treatment Court prior to March 2024, to identify reforms necessary to ensure that all LEP individuals qualified to participate in the Drug Treatment Court had meaningful language access.
During the review of this matter, the Rockland County District Attorney’s Office and OCA took several affirmative steps to provide meaningful access for Court participants with LEP, including committing to provide interpreter services for all court proceedings, conducting outreach to Rockland County Drug Treatment Court stakeholders, and identifying a local treatment provider to provide court-mandated treatment services in Spanish.
Under the MOU, OCA will take a number of additional steps to ensure meaningful access for LEP participants in the Rockland County Drug Treatment Court. These steps include translating all documents into Spanish, Creole, and Yiddish, and into other languages upon request, publicizing the Drug Treatment Court program in these additional languages, and securing treatment providers that will offer court-mandated drug treatment programs in a manner that provides meaningful access to people with LEP, at no cost to participants.
Information about Title VI and limited English proficiency is available at www.lep.gov. Members of the public may report possible civil rights violations in the Southern District of New York at https://www.justice.gov/usao-sdny/civil-rights or with the Department of Justice’s Civil Rights Division at www.civilrights.justice.gov/report/.
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Mr. Williams thanked the Civil Rights Division, Federal Coordination and Compliance Section, for its collaboration in resolving this matter.
This case is being handled by the Office’s Civil Rights Unit in the Civil Division. Assistant U.S. Attorney Christine S. Poscablo is in charge of the case.
Los Estados Unidos Firma Un Memorando De Entendimiento Con La Oficina De Administración De Tribunales De Nueva York Para Garantizar El Acceso Al Tribunal De Tratamiento De Drogas Del Condado De Rockland Para Participantes Con Dominio Limitado Del InglésRead the Press Release
Damian Williams, el Fiscal Federal del Distrito Sur de Nueva York y Kristen Clarke, la Fiscal General Adjunta de la División de Derechos Civiles del Departamento de Justicia, anunciaron hoy que los Estados Unidos firmó un Memorando de Entendimiento (“MOU”) con la Oficina de Administración Judicial (“OCA”) del Sistema Judicial Unificado del Estado de Nueva York, la cual soluciona su revisión del cumplimiento del Tribunal de Tratamiento de Drogas del Condado de Rockland con el Título VI de la Ley de Derechos Civiles de 1964 , que prohíbe la discriminación por motivos de raza, color y origen nacional por parte de los beneficiarios de asistencia financiera federal. La discriminación que se prohibe puede incluir el no proporcionar un acceso sustancial al idioma.
El Fiscal Federal Damian Williams dijo: “A los miembros de la comunidad no se les debe negar un acceso sustancial a los procedimientos judiciales y a los programas que ofrecen alternativas a las penas tradicionales debido a su dominio limitado del inglés. Agradecemos a la Oficina del Fiscal de Distrito del Condado de Rockland y a la OCA por cooperar con nosotros para garantizar que el Tribunal de Tratamiento de Drogas del Condado de Rockland esté a la disposición de todos los participantes elegibles, y esperamos que este Memorando de Entendimiento pueda servir como modelo para que todos los tribunales de este distrito garanticen un acceso sustancial a personas con dominio limitado del inglés, de conformidad con el Título VI”.
La Fiscal General Adjunta Kristen Clarke dijo: “Garantizar la igualdad de justicia ante la ley significa hacerlo de una manera que sea justa, precisa y comprensible para todos, pero eso no sucede a menos que las personas involucradas en el proceso judicial puedan comunicarse entre sí. Las personas no deberían ser penalizadas por su dominio limitado del inglés y deberían recibir los servicios de asistencia lingüística que necesitan para participar de manera justa en los procedimientos judiciales y en las capacitaciones o programas de tratamiento exigidos por el tribunal. Este acuerdo es un modelo para garantizar el acceso a los tribunales, incluidos sus programas y servicios, a todas las personas, independientemente de su dominio del inglés, y describe las acciones necesarias para eliminar las barreras para los usuarios de los tribunales con un dominio limitado del inglés”.
Según el MOU y las presentaciones y declaraciones públicas:
En enero de 2023, esta Oficina analizó una queja que alegaba que las personas con dominio limitado del inglés (“LEP”) no podían participar plenamente en el Tribunal de Tratamiento de Drogas del Condado de Rockland porque el tribunal no brindaba servicios de traducción e interpretación. Poco después, la OCA se involucró en los procedimientos de acceso lingüístico para el Tribunal de Tratamiento de Drogas del Condado de Rockland y finalmente asumió la responsabilidad del Tribunal en marzo de 2024. Esta Oficina, en colaboración con la División de Derechos Civiles, trabajó con la OCA y la Oficina del Fiscal de Distrito del Condado de Rockland que operaba el Tribunal de Tratamiento de Drogas antes de marzo de 2024, para identificar las reformas necesarias para garantizar que todas las personas con dominio limitado del inglés que califican para participar en el Tribunal de Tratamiento de Drogas tuvieran acceso sustancial al idioma.
Durante la revisión de este asunto, la Oficina del Fiscal de Distrito del Condado de Rockland y la OCA tomaron varias medidas positivas para brindar acceso sustancial a los participantes del Tribunal con dominio limitado del inglés, incluido el compromiso de brindar servicios de interpretación para todos los procedimientos judiciales, realizar actividades comunitarias con las partes interesadas del Tribunal de Tratamiento de Drogas del Condado de Rockland, e identificar un proveedor de tratamiento local para brindar servicios de tratamiento ordenados por el tribunal en español.
Según el MOU, la OCA tomará una serie de medidas adicionales para garantizar un acceso sustancial a los participantes con dominio limitado del inglés al Tribunal de Tratamiento de Drogas del Condado de Rockland. Estos pasos incluyen traducir todos los documentos al español, creole y yiddish, y a otros idiomas previa solicitud, publicitar el programa del Tribunal de Tratamiento de Drogas en estos idiomas adicionales y conseguir proveedores de tratamiento que ofrezcan programas de tratamiento de drogas ordenados por el tribunal de una manera que proporcione acceso sustancial a personas con dominio limitado del inglés, sin costo para los participantes.
La información sobre el Título VI y el dominio limitado del inglés están disponibles en www.lep.gov . El público puede denunciar posibles violaciones de los derechos civiles en el Distrito Sur de Nueva York en https://www.justice.gov/usao-sdny/civil-rights o en la División de Derechos Civiles del Departamento de Justicia en www.civilrights.justice .gov/report/ .
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El Sr. Williams agradeció a la División de Derechos Civiles, Sección de Coordinación y Cumplimiento Federal, por su colaboración para resolver este asunto.
Este caso está siendo atendido por la Unidad de Derechos Civiles de la Oficina en la División Civil. La encargada de este caso es la Fiscal Federal Adjunta Christine S. Poscablo.
Justice Department Enters Agreement with the New York State Unified Court System to Resolve Title VI Language Access ReviewRead the Press Release
View the press release in Yiddish here.
The Justice Department announced today a memorandum of understanding (MOU) with the New York State Court System, Office of Court Administration (OCA) to improve access to the Rockland County, New York, Drug Treatment Court for people with limited English proficiency (LEP). The department enforces Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color and national origin by recipients of federal financial assistance. Prohibited discrimination may include a failure to provide meaningful language access.
“Ensuring equal justice under law means doing so in a manner that is fair, accurate and understandable for all, but that does not happen unless people involved in the judicial process can communicate with each other,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “People should not be penalized for their limited English proficiency and should receive the language assistance services they need to fairly participate in court proceedings and court-mandated trainings or treatment programs. This agreement stands as a model for ensuring access to the courts, including their programs and services, for all people, regardless of English proficiency, and outlines the actions needed to eliminate barriers for court users with limited English proficiency.”
“Members of the community should not be denied meaningful access to court proceedings and programs offering alternatives to traditional sentencing because of their limited English proficiency,” said U.S. Attorney Damian Williams for the Southern District of New York. “We thank the Rockland County District Attorney’s Office and OCA for working with us to ensure that the Rockland County Drug Treatment Court is available to all eligible participants, and we hope that this memorandum of understanding can serve as a model for all courts in this district to ensure meaningful access to persons with limited English proficiency, in compliance with Title VI.”
The Justice Department reviewed a complaint alleging that people with LEP could not participate fully in the Rockland County Drug Treatment Court because it did not provide meaningful language access. Shortly after this complaint, OCA became involved in the language access procedures for the Rockland County Drug Treatment Court and OCA ultimately assumed responsibility for the Court in March.
Together with the Rockland County District Attorney’s Office, which ran the Drug Treatment Court prior to March, OCA took several affirmative steps to provide meaningful access for all Rockland County Drug Treatment Court users with LEP during the department’s review of this matter. Among other actions, OCA committed to provide interpreter services for all court proceedings at no cost and conducted outreach to Rockland County Drug Treatment Court stakeholders about meaningful access for people with LEP.
Under the MOU, OCA will take a number of additional steps to ensure meaningful access for LEP participants in Rockland County Drug Treatment Court. These steps include translating all documents into Spanish, Creole and Yiddish, and into other languages by request, and securing treatment providers that will offer court-mandated drug treatment programs in a manner that provides meaningful access to people with LEP, at no additional cost to participants.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at www.civilrights.justice.gov/report/ or with the U.S. Attorney’s Office for the Southern District of New York at www.justice.gov/usao-sdny/civil-rights.
Founder and Former CEO of Artificial Intelligence Company Charged with Securities FraudRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging ILIT RAZ, the founder and former Chief Executive Officer of Joonko Diversity, Inc. (“Joonko”), with securities fraud and wire fraud for defrauding investors and misleading them about core aspects of the company she founded, including the identity and quantity of Joonko’s customers and Joonko’s revenue. On May 24, 2024, Joonko filed for bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware. The case has been assigned to U.S. District Judge Alvin K. Hellerstein.
U.S. Attorney Damian Williams said: “As alleged, Ilit Raz falsely represented key aspects of her company, Joonko Diversity, Inc., and fabricated documents to support those lies in order to obtain $27 million in investments. Raz’s now-bankrupt company allegedly left victim investors with millions of dollars in losses. Entrepreneurs tempted to artificially inflate revenues to solicit investments should be warned that this Office keeps a watchful eye of funding rounds and will continue to protect market investors.”
FBI Assistant Director in Charge James Smith said: “Ilit Raz, the founder and former CEO of Joonko, allegedly defrauded her investors of more than $27 million by misrepresenting the esteem and scope of her clientele as well as grossly inflating the company’s revenue in forged financial statements. To garner fiscal interest in the company's innovative concept for diverse hiring practices, the defendant’s alleged recruitment methods relied on deception and mistruths rather than transparency and honesty. The FBI is dedicated to protecting our nation’s economic framework, especially from fraudulent schemes designed to ensnare stakeholders and pilfer their pockets.”
According to the allegations in the Indictment unsealed today in Manhattan federal court:[1]
Joonko was a company that purported to offer an artificial intelligence-based product designed to help prospective employers identify and hire job candidates from diverse backgrounds. To induce prospective and existing Joonko investors to invest approximately $27 million in funding rounds in 2021 and 2022, RAZ made false claims regarding central aspects of Joonko’s business, including by falsely representing how many customers Joonko had at the time and falsely representing the identity of those customers. For example, RAZ falsely represented that Joonko’s customers included some of the world’s largest companies, including a credit card company, sports apparel brand, online travel company, and luxury fashion brand. In truth and in fact, and as RAZ knew, these companies were never Joonko customers. In addition to overstating the number of customers that Joonko had and the identity of those customers, RAZ also made false representations about Joonko’s actual and anticipated revenues.
After RAZ made false and misleading statements regarding Joonko’s customers and revenue, several investors who received those statements invested in a series of funding rounds with Joonko. Specifically, on or about June 1, 2021, several investors, including venture capital firms, invested a total of approximately $10 million in a Series A round with Joonko. On or about June 2, 2022, several investors, including venture capital firms, invested a total of approximately $17 million in a Series B round with Joonko.
In or about 2023, a Joonko investor (“Investor-1”) became suspicious about Joonko’s performance and requested certain information from Joonko, including bank statements. In response, on or about April 3, 2023, RAZ emailed Investor-1 a purported Joonko bank statement, which depicted that the company had an average balance of over $5,000,000. In truth and in fact, and as RAZ well knew, the bank records that RAZ emailed to Investor-1 were forged, and the actual bank records showed that Joonko’s true account balance was millions of dollars lower. Less than a week later, on or about April 8, 2023, RAZ emailed Investor-1 a set of purported purchase orders for Joonko customers. RAZ knew that many of the purchase orders she emailed to Investor-1 were fictitious, contained forged signatures, and were executed on behalf of purported customers that had no business relationship with Joonko.
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RAZ, 38, an Israeli citizen, is charged with one count of securities fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding work of the FBI. Mr. Williams further thanked the U.S. Securities and Exchange Commission, which today filed a parallel civil action against RAZ.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Thomas Burnett, Peter J. Davis, and Nicholas Folly are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Etazini Konkli Yon Pwotokòl Antant Ak Biwo Administrasyon Tribinal Yo Nan Eta Nouyòk La Ki Garanti Aksè Ak Tribinal Pou Tretman Kont Dwòg Yo Nan Konte Rockland Lan Pou Patisipan Yo Ki Genyen Yon Konpetans Limite Nan AnglèRead the Press Release
Damian Williams, Pwokirè Etazini an pou Distri Sid Nouyòk la, ak Kristen Clarke, Pwokirè Jeneral Adjwen Divizyon Dwa Sivil Depatman Jistis la, te anonse jodi a Etazini te konkli yon Pwotokòl Antant (“MOU”) ak Sistèm Tribinal Inifye Eta Nouyòk la, Biwo Administrasyon Jidisyè a (“OCA”) ki rezoud analiz li sou konfòmite Tribinal pou Tretman kont Dwòg Konte Rockland la ak Tit VI Lwa 1964 sou Dwa Sivil yo, ki entèdi diskriminasyon sou baz ras, koulè, ak orijin nasyonal nan men benefisyè asistans finansye federal. Diskriminasyon ki entèdi an gendwa gen ladann yon enkapasite pou bay yon aksè lengwistik ki enpòtan.
Pwokirè Etazini an Damian Williams te di: “Yo ta dwe refize manm kominote a yon aksè enpòtan ak pwosedi jidisyè yo e ak pwogram yo ki ofri yon altènativ ak kondanasyon tradisyonèl yo akòz konpetans limite yo nan anglè. Nou remèsye Biwo Pwokirè Distri Konte Rockland la ak OCA paske yo te travay avèk nou pou asire Tribinal pou Tretman kont Dwòg Konte Rockland lan disponib pou tout patisipan ki elijib yo, e nou espere Pwotokòl Antant sa a ka sèvi kòm modèl pou tout tribinal nan distri sa a pou asire yon aksè enpòtan pou moun ki gen konpetans limite nan anglè, nan konfòmite ak Tit VI.”
Pwokirè Jeneral Adjwen an Kristen Clarke te di: “Asire yon jistis egalit devan lalwa vle di fè sa nan yon fason ki jis, egzat ak konpreyansib pou tout moun, men sa ap rive sof si moun yo ki enplike nan pwosesis jidisyè a ka kominike youn ak lòt. Moun pa ta dwe penalize pou konpetans limite yo nan anglè yo epi yo ta dwe resevwa sèvis asistans lengwistik yo bezwen pou yo patisipe san fòs kote nan pwosedi jidisyè yo ak fòmasyon tribinal oswa pwogram tretman la mandate. Akò sa a reprezante yon modèl pou asire aksè ak tribinal yo, ansanm ak pwogram ak sèvis li yo, pou tout moun, kèlkeswa konpetans yo nan anglè, epi li esplike aksyon ki nesesè yo pou elimine baryè pou itilizatè tribinal yo ki gen yon konpetans limite nan anglè.”
Dapre Pwotokòl Antant lan ak fichye epi deklarasyon piblik yo:
An janvye 2023, Biwo sa a te revize yon plent ki te pretann moun ki gen konpetans limite yo nan anglè ("LEP") pa t kapab patisipe totalman nan Tribinal pou Tretman kont Dwòg Konte Rockland la paske tribinal la pa t bay sèvis tradiksyon ak entèpretasyon. Yon ti tan apresa, OCA te enplike l nan pwosedi aksè lengwistik yo pou Tribinal pou Tretman kont Dwòg Konte Rockland la epi li te finalman pran responsablite pou Tribinal la nan mwa mas 2024. Biwo sa a, nan kolaborasyon ak Divizyon Dwa Sivil yo, te travay avèk OCA ak Biwo Pwokirè Distri Konte Rockland la, ki t ap jere Tribinal pou Tretman kont Dwòg la anvan mas 2024, pou idantifye refòm ki nesesè yo pou asire tout moun LEP yo ki kalifye pou patisipe nan Tribinal pou Tretman kont Dwòg la te gen aksè lengwistik ki enpòtan.
Pandan revizyon dosye sa a, Biwo Pwokirè Distri Konte Rockland la ak OCA te pran plizyè mezi pozitif pou bay patisipan nan Tribinal yo ki gen LEP yon aksè enpòtan, sa gen ladan l angajman pou founi sèvis entèprèt pou tout pwosedi jidisyè yo, reyalize aktivite sansibilizasyon ak patisipan yo ki nan Tribinal pou Tretman kont Dwòg Konte Rockland la, epi idantifye yon founisè tretman lokal pou bay sèvis tretman tribinal lan mandate an panyòl.
Dapre Pwotokòl Antant lan, OCA pral pran yon kantite mezi adisyonèl pou garanti yon aksè enpòtan pou patisipan ki gen LEP yo nan Tribinal pou Tretman kont Dwòg Konte Rockland lan. Etap sa yo gen ladan yo tradiksyon tout dokiman yo an panyòl, kreyòl, ak yiddish, ak nan lòt lang sou demann, fè piblikasyon pwogram Tribinal pou Tretman kont Dwòg la nan lòt lang sa yo, epi chèche founisè tretman ki pral ofri pwogram tretman kont dwòg tribinal mandate yo nan yon fason ki bay yon aksè enpòtan ak moun ki gen LEP yo, san patisipan yo pa peye anyen.
Enfòmasyon sou Tit VI ak konpetans limite nan anglè disponib nan www.lep.gov. Manm piblik la gendwa rapòte potansyèl vyolasyon dwa sivil yo nan Distri Sid Nouyòk la nan https://www.justice.gov/usao-sdny/civil-rights oswa avèk Divizyon Dwa Sivil Depatman Jistis la nan www.civilrights.justice.gov/report/.
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Mesye Williams te remèsye Divizyon Dwa Sivil lan, Seksyon Kowòdinasyon ak Konfòmite Federal la, pou kolaborasyon li nan rezoud pwoblèm sa a.
Se Inite Dwa Sivil Biwo an nan Divizyon Sivil la ki ap jere dosye sa a. Asistan Pwokirè Etazini an Christine S. Poscablo se responsab dosye a.
El Departamento de Justicia celebra un acuerdo con el Sistema Judicial Unificado del Estado de New York para resolver la revisión de acceso lingüístico al amparo del Título VIRead the Press Release
El Departamento de Justicia anunció hoy un memorando de entendimiento (MOU, por sus siglas en inglés) con el Sistema Judicial del Estado de New York, la Oficina de Administración del Tribunal (OCA, por sus siglas en inglés) para mejorar el acceso al Tribunal de Tratamiento para Usuarios de Drogas del Condado de Rockland, New York, para personas con un dominio limitado del inglés (LEP, por sus siglas en inglés). El Departamento hace cumplir el Título VI de la ley de Derechos Civiles de 1964 (Título VI), que prohíbe la discriminación por motivos de raza, color de piel y origen nacional por parte de beneficiarios de apoyo financiero federal. La discriminación prohibida puede incluir la falta de provisión de acceso lingüístico significativo.
«La garantía de la igualdad de justicia en virtud de la ley se asegura de una manera justa, precisa y comprensible para todos, pero eso no sucede a menos que las personas involucradas en el proceso judicial puedan comunicarse entre sí», comentó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Las personas no deben ser penalizadas por su dominio limitado del inglés y deben recibir los servicios de apoyo lingüístico que necesitan para participar de forma justa en procedimientos judiciales y programas de formación o tratamiento exigidos por el tribunal. Este acuerdo sirve como modelo para garantizar el acceso a los tribunales, incluidos sus programas y servicios, para todas las personas, independientemente de su dominio del inglés, y detalla acciones que pueden ayudar a eliminar barreras para los usuarios de tribunales con un dominio limitado del inglés».
«No se debe negar a los miembros de la comunidad el acceso significativo a procedimientos y programas judiciales que ofrezcan alternativas a las sentencias tradicionales debido a su dominio limitado del inglés», afirmó Damian Williams, el Fiscal Federal para el Distrito Sur de New York. «Agradecemos a la Fiscalía de Distrito del Condado de Rockland y a la OCA por trabajar con nosotros para garantizar que el Tribunal de Tratamiento para Usuarios de Drogas del Condado de Rockland esté disponible para todos los participantes elegibles, y esperamos que este memorando de entendimiento pueda servir como modelo para todos los tribunales de este distrito para garantizar un acceso significativo a las personas con un dominio limitado del inglés, de conformidad con el Título VI».
El Departamento de Justicia revisó una queja alegando que las personas LEP no podían participar plenamente en el Tribunal de Tratamiento para Usuarios de Drogas del Condado de Rockland porque no proporcionaba un acceso lingüístico significativo. Poco después de esta queja, la OCA se involucró en los procedimientos de acceso lingüístico para el Tribunal de Tratamiento para Usuarios de Drogas del Condado de Rockland y finalmente, la OCA asumió la responsabilidad del Tribunal en marzo.
Junto con la Fiscalía de Distrito del Condado de Rockland, que dirigió el Tribunal de Tratamiento para Usuarios de Drogas antes de marzo, la OCA tomó varias medidas afirmativas para proporcionar un acceso significativo a todos los usuarios LEP del Tribunal de Tratamiento para Usuarios de Drogas del Condado de Rockland durante la revisión de este asunto por parte del Departamento. Entre otras acciones, la OCA se comprometió a proporcionar servicios de interpretación gratuitos para todos los procedimientos judiciales y tomó acciones directas en cuanto a las partes interesadas del Tribunal de Tratamiento para Usuarios de Drogas del Condado de Rockland sobre el acceso significativo para las personas LEP.
En virtud del MOU, la OCA tomará una serie de medidas adicionales para garantizar un acceso significativo para los participantes LEP en el Tribunal de Tratamiento para Usuarios de Drogas del Condado de Rockland. Estos pasos incluyen traducir todos los documentos al español, criollo y yiddish, y a otros idiomas a pedido, y conseguir a proveedores de tratamiento que ofrecerán programas de tratamiento para usuarios de drogas exigidos por los tribunales de manera que proporcione un acceso significativo a las personas LEP, sin costo adicional para los participantes.
Hay más información sobre la División de Derechos Civiles en su sitio web en a www.justice.gov/crt. La información sobre el dominio limitado del inglés y el Título VI está disponible en www.lep.gov. Los miembros del público pueden denunciar posibles vulneraciones de los derechos civiles en www.civilrights.justice.gov/report/ o ante la Fiscalía Federal para el Distrito Sur de New York en www.justice.gov/usao-sdny/civil-rights.
Depatman Jistis la Siyen yon Akò ak Sistèm Tribinal Inifye nan Eta New York la pou Rezoud Tit VI Evalasyon Aksè ak LangRead the Press Release
Depatman Jistis la te anonse jodi a siyati yon akò (MOU) ak Administrasyon Sistèm Tribinal Eta New York la, Biwo Administrasyon Tribinal la (OCA) pou amelyore aksè nan Tribinal pou Trètman Dwòg nan Distri Rockland, New York, pou moun ki gen konpetans limite nan anglè (LEP). Depatman an aplike Tit VI Lwa sou Dwa Sivil 1964 yo (Tit VI) "Title VI of the Civil Rights Act of 1964 (Title VI)" ki entèdi diskriminasyon sou baz ras, koulè ak peyi kote w soti bò kote benefisyè èd finansye yo. Entèdiksyon diskriminasyon an kapab gen ladan l pa rive bay aksè lengwistik nesesè.
"Asire jistis ekitab dapre lalwa vle di aji nan yon fason ki jis, fyab e konpreyansif pou toutmoun, men sa pa rive sof si moun ki enplike nan pwosesis jistis la kapab kominike ak youn lòt, se sa Asistan Pwokirè Jeneral, Kristen Clarke, Divizyon Dwa Sivil nan Depatman Jistis la te deklare. "Yo pa dwe penalize moun akoz yo gen konpetans ki limite nan anglè epi dwe resevwa sèvis asistans lengwistik yo bezwen pou patisipe yon fason ki jis nan pwosedi tribinal yo ak fòmasyon oswa pwogram trètman tribinal mande ki pou fèt. Akò sa sèvi tankou yon modèl pou asire aksè nan tribinal, ki gen ladan l pwogram ak sèvis yo, pou tout moun, kèlkeswa konpetans anglè yo genyen, epi prezante aksyon yo kapab poze pou kraze baryè pou ki konparèt nan tribinal ak konpetans yo nan anglè ki limite."
"Manm komite a pa dwe nye aksè nesesè nan pwosedi tribinal yo ak pwogram ki ofri altènatif nan santans tradisyonèl yo akoz konpetans yo nan anglè ki limite," se sa Pwokirè Ameriken an Damian Williams se sa li deklare pou Distri Sid New York la. "Nou remèsye Biwo Pwokirè Distri Rockland lan ak OCA paske y ap travay ak nou pou asire Tribinal pou Trètman Dwòg nan Distri Rockland lan disponib pou tout patisipan ki elijib yo, e nou espere pwotokòl akò sa kapab sèvi tankou yon modèl pou tout tribinal nan distri saa pou asire aksè nesesè pou moun ki gen konpetans limite nan anglè, nan konfòmite ak Tit VI la."
Depatman Jistis la te revize yon plent konsèman moun ki gen konpetans limite nan anglè (LEP) pa kapab patisipe konplètmannan Tribinal pou Trètman Dwòg nan Distri Rockland lan paske li pa t bay aksè lengwistik nesesè. Yon ti tan apore plent lan, OCA te in enplike nan pwosedi aksè lengwistik pou Tribinal pou Trètman Dwòg nan Distri Rockland lan ak OCA te finaman pran responsablite pou Tribinal la an mas.
Ansanm ak Biwo Pwokirè Distri Rockland lan, ki responsab Tribinal pou Trètman Dwòg anvan mas, OCA te pase nan lòt etap pou bay aksè nesesè pou itilizatè ki gen konpetans nan anglè nan Tribinal pou Trètman Dwòg nan Distri Rockland lan pandan depatman ap revize dosye sa a. Pami lòt aksyon ki fèt, OCA te pran angajman pou bay sèvis entèpretasyon pou tout pwosedi tribinal yo gratis ak fè dyalòg ak pati enterese yo nan Tribinal pou Trètman Dwòg nan Distri Rockland lan konsènan aksè nesesè pou moun ki gen konpetans limite nan anglè (LEP).
Dapre MOU, OCA ap franchi yon kantite etap anplis pou asire gen aksè nesesè pou patisipan ki gen konpetans limite nan Tribinal pou Trètman Dwòg nan Distri Rockland lan. Etap sa yo ap gen ladan yo tradiksyon tout dokiman yo an espanyòl, kreyòl ak Yidich, ak nan lòt lang sou demann, epi sekirize founisè trètman yo ap ofri pwogram trètman sou lòd tribinal la yon fason ki bay aksè nesesè pou ki gen konpetans limite nan anglè san sa pou koute patisipan yo yon santim anplis.
Enfòmasyon siplemantè sou Divizyon Dwa Sivil yo disponib sou sitwèb li a nan www.justice.gov/crt. Enfòmasyon sou konpetans limite nan anglè ak Tit VI la disponib nan www.lep.gov. Manm popilasyon an kapab denonse vyolasyon dwa sivil posib nan www.civilrights.justice.gov/report/ or with the U.S. Biwo Pwokirè pou Distri Sid New Yorkla nan www.justice.gov/usao-sdny/civil-rights.
Charity Founder and CEO Charged with Embezzling Millions from Organization and Tax EvasionRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Thomas Fattorusso, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today the unsealing of a Complaint charging KEITH TAYLOR with defrauding a charity he ran by embezzling approximately $2.5 million in donations meant for low-income families and spending them instead on personal expenses including rent in a luxury apartment building in midtown Manhattan, food delivery services, cosmetic surgery, and lavish meals at some of New York City’s most expensive restaurants. TAYLOR was arrested today and will be presented in Manhattan federal court before U.S. Magistrate Judge Sarah L. Cave.
U.S. Attorney Damian Williams said: “As alleged, Keith Taylor falsely claimed that donations to his charity would help working families with unexpected expenses that put them at risk of homelessness. Instead, Taylor allegedly took those donations to pay for his meals at upscale restaurants, rent for a luxury apartment in a Manhattan skyscraper, and even cosmetic surgery. Taylor allegedly defrauded the charity’s donors and unconscionably took money from the pockets of those most in need, and he is now facing federal charges for his alleged crimes.”
IRS-CI Special Agent in Charge Thomas Fattorusso said: “Taylor acted like a do-gooder, founding a charity meant to help underserved communities. But it’s alleged he later took this as an opportunity to victimize both his donors and his own charity by pocketing millions in donations to live a luxurious lifestyle. Today’s arrest means that Taylor can no longer allegedly exploit the kindness of others for his own gain, and he now faces the consequences of his alleged greed.”
As alleged in the Complaint:[1]
KEITH TAYLOR founded a charity in 2002 that used a crowd-sourcing funding model to help low-income workers pay for unexpected expenses like medical bills or broken appliances. Its mission was to provide short-term financial assistance to individuals and families that were living paycheck-to-paycheck who were faced with an unexpected crisis or expense that they could not pay.
Between at least 2016 and May 2024, TAYLOR embezzled more than $2.5 million from the charity and its donors and used that money to fund his lavish personal spending. TAYLOR regularly dined at Per Se, Jean-Georges, Masa, and Marea in midtown Manhattan, sometimes as often as twice a day, spending more than $320,000 of charity funds at New York City restaurants and steakhouses. Funds donated to the charity paid over $300,000 of TAYLOR’s rent for a luxury apartment on the 30th floor of a midtown Manhattan skyscraper. TAYLOR also used charity funds to buy himself expensive electronics, to pay over $100,000 to food delivery services, and to pay for his own cosmetic surgery. TAYLOR put over $270,000 of charity funds directly into his personal brokerage account. TAYLOR also routinely paid his other personal expenses from the charity’s bank accounts.
TAYLOR attempted to hide his embezzlement of charity funds by creating a fake board of directors and claiming it had approved his personal spending. TAYLOR used the names of his acquaintances and falsely listed them on the charity’s website as board members. TAYLOR’s acquaintances who were listed as the charity’s board members included a bartender from Jean-Georges, a friend, and his house-cleaner, none of whom ever attended a board meeting or even knew that they had been listed on the charity’s website as board members.
For at least the calendars years of 2017 through 2022, TAYLOR did not file personal income tax returns or pay income taxes on the income he received from the charity.
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TAYLOR, 56, of New York, New York, is charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison, one count of aggravated identity theft, which carries a mandatory consecutive sentence of two years in prison, and six counts of tax evasion, each of which carry a maximum sentence of five years in prison.
The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the exceptional investigative work of IRS-CI and the Special Agents of the United States Attorney’s Office.
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Rebecca R. Delfiner and Eli J. Mark are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described herein should be treated as an allegation.
Two Defendants Charged with Federal Narcotics Offenses in Connection with the Poisoning of Four Children at A Bronx Daycare Plead GuiltyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Darcel D. Clark, the Bronx County District Attorney, announced today that, on the morning he was scheduled to begin trial, FELIX HERRERA GARCIA pled guilty to conspiracy to distribute narcotics resulting in death and serious bodily injury, as well as possession of narcotics with intent to distribute, resulting in death and serious bodily injury, all in connection with the poisoning of four children under the age of three, one of whom died, at a daycare facility in the Bronx (the “Daycare”) on September 15, 2023. Approximately two weeks ago, on May 23, 2024, RENNY ANTONIO PARRA PAREDES pled guilty to conspiring to distribute narcotics and stipulated that his conduct caused death and serious bodily injury, in connection with his role in the poisonings.
U.S. Attorney Damian Williams said: “In September 2023, four children at a Bronx daycare were poisoned by fentanyl. The children were seriously injured, and one baby died. This happened because, as they admitted in court, Felix Herrera Garcia and Renny Antonio Parra Paredes operated an illegal fentanyl operation out of the center, where they processed the deadly drugs for sale. We said at the time that this case shocks the conscience of the City, and now Herrera Garcia and Parra Paredes have been brought to justice for this heinous crime.”
Bronx County District Attorney Darcel D. Clark said: “Today, on the morning his trial was set to begin in Manhattan Federal Court, Felix Herrera Garcia pled guilty to Conspiracy to Distribute Narcotics Resulting in Death and other federal charges for causing the fatal fentanyl ingestion of 22-month-old Nicholas Dominici and the injury to three other babies at the Divino Nino Day Care Center in the Bronx on September 15, 2023. Herrera Garcia has now been held accountable in the tragic loss of little Nicholas, the serious injury of Abel, and the harm to Kiara and Jaziel.”
As alleged in public filings:
From at least in or about October 2022 through at least in or about September 2023, HERRERA GARCIA, PARRA PAREDES, and others conspired to distribute fentanyl, para-fluorofentanyl, and heroin, including at the Daycare. There, despite the daily presence of children, including infants, HERRERA GARCIA, PARRA PAREDES, and their co-conspirators maintained large quantities of fentanyl, including more than 10 kilograms of narcotics hidden inside secret compartments, or traps, located beneath the floor of the Daycare’s playroom.
As a consequence of the drug conspiracy perpetrated by HERRERA GARCIA, PARRA PAREDES, and their co-conspirators, on or about September 15, 2023, four children at the Daycare, who were all under three years of age, experienced the effects of poisoning from exposure to fentanyl. Three of the children were hospitalized. The fourth child, a boy just under two years-of-age, died.
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HERRERA GARCIA, 35, of the Bronx, New York, pled guilty to one count of conspiracy to distribute narcotics resulting in death and serious bodily injury, one count of possession with intent to distribute narcotics resulting in death, and one count of possession with intent to distribute narcotics resulting in serious bodily injury. All three counts carry a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison.
PARRA PAREDES, 38, of the Bronx, New York, pled guilty to one count of conspiracy to distribute narcotics resulting in death and serious bodily injury, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.
The statutory minimum and maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the Drug Enforcement Administration (“DEA”), the New York City Police Department (“NYPD”), the Southern District of New York Digital Forensic Unit, the Complex Analytical and Social Media Enhancement Team at the New York/New Jersey High Intensity Drug Trafficking Area, the Organized Crime Drug Enforcement Task Force (“OCDETF”) New York Strike Force, and the United States Marshals Service (“USMS”). Mr. Williams also thanks the NY/NJ Regional Fugitive Task Force of the USMS, the USMS Office of International Operations, the USMS for the Southern District of New York, the USMS for the Southern District of Texas, the USMS for the Southern District of California, the USMS Mexico Field Office, the USMS Investigative Operations Division, the DEA New York Strike Force, the DEA Regional Office in Allentown, Pennsylvania, the DEA Regional Office in McAllen, Texas, the DEA Regional Office in Mexico City, Mexico, the DEA Regional Office in Hermosillo, Mexico, the DEA Regional Office in Monterrey, Mexico, the DEA Special Operations Division, the NYPD 52nd Precinct’s Detective Squad, the NYPD Bronx Homicide Squad, the Office of International Affairs of the Justice Department’s Criminal Division, the U.S. Attorney’s Office for the Southern District of Texas, the U.S. Attorney’s Office for the Southern District of California, U.S. Customs and Border Protection, and Mexican Federal and State authorities.
The OCDETF New York Strike Force provides for the establishment of permanent, multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The specific mission of the New York Strike Force is to target, disrupt, and dismantle drug trafficking and money laundering organizations, reduce the illegal drug supply in the United States, and bring criminals to justice.
This case is being prosecuted by the Office’s Narcotics Unit. Assistant U.S. Attorneys Brandon C. Thompson, Maggie Lynaugh, and Justin V. Rodriguez, as well as Special Assistant U.S. Attorney Karl P. Miller of the Office of the Bronx County District Attorney’s Homicide Bureau, are in charge of the prosecution.
International Businessman Sentenced to Two Years in Prison in Connection with Wine Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that OMAR KHAN was sentenced to two years in prison by U.S. District Judge Paul A. Engelmayer in connection with an investment fraud scheme involving rare and expensive wines and his impersonation of his attorney in furtherance of that scheme. KHAN previously pled guilty on March 28, 2024, to one count of aggravated identity theft.
U.S. Attorney Damian Williams said: “Whether a fraudulent scheme involves business ventures, cryptocurrency, or expensive wines, the career prosecutors of this Office will bring justice to the perpetrators of these crimes. Omar Khan fleeced his victims of millions of dollars, leaving devastation in the wake of his lies, but he now justly faces two years in federal prison and has been ordered to make restitution to his victims.”
FBI Assistant Director in Charge James Smith said: “Omar Khan’s wine-and-dine scheme did not age well. For four years, Khan exploited the prestigious reputation of the wine industry to embezzle millions of dollars from well-intended investors using empty promises of future, lavish networking events while offering excuses for the lack of returns. He utilized his public notoriety as a wine aficionado to lure and coax his victims into financing significant amounts, costing some the entirety of their investments. Today’s sentence emphasizes the FBI’s tireless efforts investigating those who manipulate their social status and relationships to deprive others of their wealth.”
According to the charging documents and other filings and statements made in court:
From in or about 2015 through 2019, OMAR KHAN orchestrated a global fraud scheme involving the solicitation of investments for wine tasting and networking events. KHAN founded and operated a management consulting firm (“Firm-1”) in New York, New York. Firm‑1’s website described KHAN as one of “the most global consultants and speakers in the world.” KHAN has been profiled by Forbes Magazine as a “fanatical wine connoisseur.”
KHAN hosted networking events for successful and wealthy individuals at which he would privately solicit victims to invest in ventures and events involving rare, vintage wines and expensive dinners. For example, on or about December 13, 2017, KHAN hosted a dinner, which he titled, “An Evening of Daring Duos and Tantalizing Trios,” at which KHAN served vintage wines and a variety of expensive food items, including Nantucket bay scallops, oysters, caviar, risotto cooked in bone marrow broth, uni served in its shell, and jalapeño foam.
At these extravagant dinners and networking events, KHAN would solicit individuals to invest in other expensive dinners, networking events, and ventures. KHAN represented to his investors that they would earn a profit on their investment. KHAN frequently lied to prospective investors to induce investments. With few exceptions, KHAN embezzled his investors’ investment monies and used the proceeds on personal expenditures. KHAN then made additional false statements to his investors to excuse his failure to pay them back.
For example, one of KHAN’s victims (“Victim-1”) was a New York retiree who in early 2015 attended one of KHAN’s dinner parties which involved expensive wines and expensive cuisine. After that first dinner, KHAN began to actively communicate with Victim-1, and they formed a friendship. After Victim-1 attended several of those events, KHAN solicited Victim-1 to invest his money with KHAN to put on similar wine and dinner events for other wealthy individuals. At first, Victim-1 invested smaller amounts of money for the dinner events. Later on, Victim-1 began to invest larger sums of money with KHAN.
In approximately 2018, KHAN induced Victim-1 to pool all of Victim-1’s investments to date into one large, purported consulting deal. In doing so, KHAN had Victim-1 invest approximately $5,000,000 with a famous French vineyard located in Bordeaux, France (“Vineyard-1”). KHAN pitched this investment as a consulting deal that involved a New York club backed by Vineyard-1. After stalling for several months, KHAN began to make up excuses about why there was a delay in closing the deal. For example, KHAN falsely claimed in an email to Victim-1 that Victim-1’s money “was on the move” but the very next day falsely claimed that the IRS had placed a lien on his business account for unrelated activity in Dubai (“IRS slapped a lien on us, due to ‘unusual activity,’ ‘unpaid taxes’ and various other allegations, which I learned of this morning to my shock.”).
Likewise, in February 2018, KHAN falsely claimed to another victim (“Victim-2”) that KHAN’s bank had delayed a bank transfer from KHAN to Victim-2 due to a lack of authorization documents. In a March 2018 email, KHAN falsely told Victim-2 that KHAN’s attorneys had sent legal demands to the bank to resolve the issue. In both these emails, KHAN purported to forward emails from KHAN’s attorney about the delayed bank wire. The March email also stated that KHAN’s attorneys had “issued a legal demand” to the bank to resolve the issue with the delayed bank wire. The emails appearing to be sent from KHAN’s lawyer were fraudulent, and KHAN had sent them impersonating his own lawyer.
On or about September 3, 2019, multiple victims commenced a civil lawsuit against KHAN (the “Khan Lawsuit”), alleging that KHAN induced them to invest in wine dinners and ventures on the basis of fraudulent misrepresentations. In early September, the New York Post published multiple articles about KHAN — one concerning the Khan Lawsuit and another about a criminal investigation into KHAN’s ventures. KHAN then left the country, ultimately residing at a hotel in Sri Lanka for several years. In February 2024, KHAN was expelled from Sri Lanka and arrested at John F. Kennedy airport in New York.
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In addition to the prison term, OMAR KHAN, 58, was sentenced to one year of supervised release and ordered to make restitution to the victims in the amount of $6,699,582.
Mr. Williams praised the investigative work of the FBI.
The case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Nicholas Chiuchiolo and Nicholas Folly are in charge of the prosecution.
Former Police Officer Sentenced to Four Consecutive Life Sentences for 2016 Quadruple MurderRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that NICHOLAS TARTAGLIONE was sentenced today to four consecutive life sentences for his leadership role in the 2016 murders of Martin Luna, Urbano Santiago, Miguel Luna, and Hector Gutierrez. TARTAGLIONE, who is a former police officer, orchestrated the kidnapping and murders of all four victims on April 11, 2016. TARTAGLIONE was sentenced today by U.S. District Judge Kenneth M. Karas.
U.S. Attorney Damian Williams said: “Nicholas Tartaglione brutally and senselessly murdered Martin Luna over money, and then ruthlessly executed Urbano Santiago, Miguel Luna, and Hector Gutierrez simply because they were in the wrong place at the wrong time. He tried to cover up his crimes by burying all four victims in a shallow grave on his property. Thanks to the tireless efforts of countless law enforcement officers at the federal, state, and local level, and the relentless pursuit of justice by the career prosecutors in my Office, Tartaglione has now been held accountable for his reprehensible crimes. Today’s sentence of four consecutive life terms justly reflects the pain and suffering each victim underwent at Tartaglione’s hands. I hope that this outcome brings some measure of closure to the victims’ families and to their community.”
According to the allegations contained in the Indictment, the evidence offered at trial, statements made in open court, and matters included in public filings:
On April 11, 2016, NICHOLAS TARTAGLIONE, a former police officer, orchestrated the kidnapping and murders of Martin Luna, Urbano Santiago, Miguel Luna, and Hector Gutierrez. Martin was 41 years old when he died. Urbano was Martin’s nephew by marriage and was 35 years old when he died. Miguel was Martin’s nephew and was 25 years old when he died. Hector was a close family friend of all three and was 43 years old when he died. All four victims left behind a loving family, and many of their family members attended the trial in this case.
Martin was killed because TARTAGLIONE believed Martin had stolen approximately $250,000 meant for the purchase of cocaine. TARTAGLIONE tortured Martin by restraining him and beating him for over an hour, but when Martin did not provide the location of the missing money, TARTAGLIONE strangled Martin to death with a zip-tie. Urbano, Miguel, and Hector were killed — each with a single gunshot to the back of the head, execution style — because they witnessed Martin’s murder and were in the wrong place at the wrong time. TARTAGLIONE buried all four victims in a mass grave on his remote property in Otisville, New York. The four victims remained in the ground until the Federal Bureau of Investigation’s (“FBI”) Hudson Valley Safe Streets Task Force located the grave in December 2016.
At today’s sentencing, Judge Karas described TARTAGLIONE as a “monster” who has shown no remorse for his conduct.
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TARTAGLIONE, 56, of Otisville, New York, was found guilty of 11 counts of murder, four counts of kidnapping resulting in death, one count of kidnapping conspiracy, and one count of narcotics conspiracy.
Mr. Williams praised the outstanding investigative work of the FBI, the New York State Police, and the Village of Chester Police Department. Mr. Williams also thanked the City of Middletown Police Department and the Houston, Texas Police Department for their assistance in the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (“OCDETF”) operation. OCDETF identifies, disrupts, and dismantles criminal organizations using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF program can be found at https://www.justice.gov/OCDETF.
The case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorneys Maurene Comey and Jacob R. Fiddelman, with the assistance of Paralegal Specialist Shannon Becker, are in charge of the prosecution.
Former Principals of Private “Pre-IPO” Funds Charged in Connection with $185 Million Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Daniel B. Brubaker, the Inspector in Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced today the unsealing of an Indictment charging MARIO GOGLIORMELLA, STEVEN LACAJ, and KARIM IBRAHIM, a/k/a “Chris Hayes,” with conspiracy, securities fraud, wire fraud, and investment adviser fraud in connection with their management of L & G Capital Corp., Legend Venture Partners LLC, and a related series of funds. The defendants’ fraudulent misrepresentations about the operation of their funds allowed them to raise approximately $185 million from hundreds of investors. Based in large part on the excessive and undisclosed share price markups they charged to investors, the defendants were able to divert nearly $28 million in investor funds to themselves. They also used investor funds to pay their sales representatives at least $17.5 million in fees and commissions, despite making explicit representations to investors that fees were not being charged. GOGLIORMELLA, LACAJ, and IBRAHIM were arrested earlier today and will be presented this afternoon in Manhattan federal court. The case has been assigned to U.S. District Judge Vernon S. Broderick.
U.S. Attorney Damian Williams said: “By allegedly raising approximately $185 million from over 1,400 investors, Mario Gogliormella, Steven Lacaj, and Karim Ibrahim left a trail of shattered trust and financial ruin. Today’s Indictment is a resolute stance against such alleged egregious breaches of investor confidence in the pre-IPO markets. We will hold perpetrators accountable and safeguard investors from such deceitful practices.”
USPIS Inspector in Charge Daniel B. Brubaker said: “The U.S. Postal Inspection Service thoroughly investigates investment fraud cases which involve the criminal use of the mail to defraud investors. This case highlights the crooked path these greedy individuals allegedly took as they charged excessive and undisclosed share price markups, callously defrauding investors out of millions. I commend the work of our Postal Inspectors, the Securities and Exchange Commission, and the Assistant U.S. Attorneys for the Southern District of New York’s Securities and Commodities Fraud Task Force. Together we are ensuring that investors are protected, the sanctity of the U.S. Mail is preserved, and ultimately fraudsters are held accountable for their dirty deeds.”
According to the allegations in the Indictment:[1]
From at least in or about 2019 through at least in or about October 2022, GOGLIORMELLA, LACAJ, and IBRAHIM engaged in a scheme to defraud investors in a group of related private funds known generally as the “StraightPath Funds” and the “Legend Funds” (the “Funds”). In particular, the defendants, and others working at their direction, used “boiler room”-style call centers to market the funds, including to individual, non-professional investors, and present an opportunity to invest in privately held companies expected to go public in the near future (“pre-IPO companies”). The defendants purported to offer investors the chance to acquire shares in pre-IPO companies at favorable prices in advance of an anticipated public offering, at which time they claimed the shares would be worth significantly more.
Although the defendants and their agents represented to existing and prospective investors in the Funds that they earned no upfront fees or commission in connection with the acquisition of pre-IPO shares on the Funds’ behalf, in reality and contrary to their fiduciary duties, the defendants acquired the shares and then sold them to the Funds at arbitrarily inflated and excessive prices without disclosing to investors the nature or extent of the markup. The defendants also misled investors regarding the nature of their investments and hid the involvement of GOGLIORMELLA and IBRAHIM, who had previously been disciplined by the Financial Industry Regulatory Authority (“FINRA”) for the management of the Funds. Moreover, in order to evade detection of their scheme, the defendants destroyed records and otherwise obstructed the efforts of the U.S. Securities and Exchange Commission (“SEC”) to uncover the defendants’ fraud on investors.
GOGLIORMELLA, LACAJ, and IBRAHIM conducted this scheme through several related entities. Among those entities was L & G Capital Corp. (“L & G”), which, from approximately 2019 up to approximately February 2022, marketed the StraightPath Funds on behalf of StraightPath Venture Partners, Inc. (“SPVP”). In approximately 2021, multiple individuals associated with SPVP received subpoenas from the SEC in connection with an investigation into SPVP’s unlawful marketing of pre-IPO shares to investors, and in approximately February 2022, SPVP ceased operations. On or about May 13, 2022, the SEC filed a civil action against SPVP and its founders. In approximately February 2022, when SPVP ceased operations, GOGLIORMELLA, LACAJ, and IBRAHIM began conducting the scheme under the corporate entity Legend Venture Partners, LLC (“Legend”). The defendants, now through the corporate entity Legend, continued to market funds investing in pre-IPO shares to investors. In addition to marketing these funds, Legend was the manager and investment adviser to each of the five Legend Funds.
In order to generate interest in the Funds among retail investors, GOGLIORMELLA, LACAJ, and IBRAHIM used finders, or “referral agents,” to pitch prospective investors and thereafter to serve as the investors’ primary point of contact. The defendants used “boiler room”-style call centers wherein salespeople cold-called potential investors, many of whom were not experienced investors, and gave aggressive sales pitches using notes and pitch scripts. The defendants referred to their pitch scripts as “The Bible.” Contrary to the defendants’ claim that they and their agents did not make money unless and until investors received a profit on their investments, L & G and Legend paid referral agents a commission, typically a 10 to 15% front-end fee based on the amount of the investment that agents were able to draw to the Funds, plus a portion of the carried interest when the Funds exited their position in a particular company.
In addition to misleading prospective investors about the compensation paid to referral agents, GOGLIORMELLA, LACAJ, and IBRAHIM defrauded investors in the Funds, for which they acted as fiduciaries, by charging investors excessive and undisclosed markups on share prices of pre-IPO companies, which benefited the defendants and their associates at the expense of investors and the Funds. These markups regularly exceeded 50% of the price at which Legend had acquired the shares and sometimes were as high as 150%. These markups, in turn, were used to pay fees and commissions to the defendants and their sales representatives.
GOGLIORMELLA, LACAJ, and IBRAHIM also misled investors by actively taking steps to prevent investors from learning about GOGLIORMELLA’s and IBRAHIM’s leadership roles at Legend because of the fact that both had been disciplined by FINRA. In addition, GOGLIORMELLA, LACAJ, and IBRAHIM misled investors by misrepresenting the experience and knowledge of the sales representatives who were advising investors to invest in their funds.
In total, during the course of their scheme, from in or about 2019 through in or about October 2022, GOGLIROMELLA, LACAJ, IBRAHIM, and their agents solicited investments into the Funds of approximately $185 million from at least 1,400 investors. GOGLIROMELLA, LACAJ, and IBRAHIM used much of these investor funds to enrich themselves and their associates and referral agents. GOGLIORMELLA, LACAJ, and IBRAHIM themselves received a total of more than $28 million in investors’ funds. For the most part, these distributions were not disclosed to investors or made in accordance with the Funds’ offering documents. The defendants also paid at least $17.5 million in investor funds to their associates and referral agents, despite having made and caused to be made explicit representations to investors that fees were not being charged or were being waived. In all, approximately 25% of the capital contributions the Funds received from investors was diverted to pay the defendants and their associates.
The Funds are no longer operational and are under the control of court-appointed receivers tasked with taking possession of the funds’ assets and recommending a plan to return value to investors.
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GOGLIORMELLA, 47, of Manhasset, New York, LACAJ, 27, of New York, New York, and IBRAHIM, 34, of Queens, New York, are each charged with one count of conspiracy to commit securities fraud, wire fraud, and investment adviser fraud, which carries a maximum potential sentence of five years in prison; one count of securities fraud, which carries a maximum potential sentence of 20 years in prison; one count of wire fraud, which carries a maximum potential sentence of 20 years in prison; and one count of investment advisor fraud, which carries a maximum potential sentence of five years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Williams praised the outstanding work of the USPIS. Mr. Williams further thanked the SEC, which has separately filed civil charges against GOGLIORMELLA, LACAJ, and IBRAHIM.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Adam S. Hobson and Matthew R. Shahabian are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth in this release constitute only allegations, and every fact described should be treated as an allegation.
Former High School Dean Sentenced to Life Plus Five Years in Prison for 2010 MurderRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ISRAEL GARCIA, a/k/a “Shorty Rock,” the former leader of the Get Money Gunnaz set of the Young Gunnaz street gang (the “GMG YGz”), was sentenced to life plus five years in prison for the October 11, 2010, murder of Alfonso “Joey” McClinton. GARCIA shot and killed McClinton on a residential street in the Bronx, New York, as part of a dispute over narcotics trafficking territory. Following a seven-day trial in July 2023 before U.S. District Judge Jed S. Rakoff, who imposed today’s sentence, a jury also convicted GARCIA of engaging in a conspiracy to distribute narcotics, murder while engaged in a narcotics conspiracy, murder through the use of a firearm, possessing firearms in connection with narcotics trafficking, and attempted witness tampering.
U.S. Attorney Damian Williams said: “Today’s strong sentence reflects our unwavering commitment to holding those who take another life fully accountable for their heinous crimes. Israel Garcia, a former high school dean who could have had a positive impact on our community, will now spend the rest of his life in prison for the brutal murder of Joey McClinton, for engaging in a narcotics conspiracy, and for witness tampering. I commend the career prosecutors of this Office and our law enforcement partners for doggedly pursuing this case and for bringing justice to Joey McClinton, nearly 14 years after his death.”
According to court filings and the evidence presented in court during trial:
For more than a decade, the defendant controlled the sale of narcotics in the vicinity of East 184th Street and Morris Avenue in the Bronx as the leader of the GMG YGz. As part of their narcotics operation, GMG YGz members carried firearms and engaged in back-and-forth shootings with neighboring, rival crews. This violence resulted in, among other acts, the 2010 murder of Alfonso “Joey” McClinton (“McClinton”). The State of New York arrested and prosecuted GMG YGz member Joseph Johnson, a/k/a “Juice,” for the killing.[1] However, Ballistics, video evidence, and eyewitness testimony revealed that there was a second shooter involved in Mr. McClinton’s murder. GARCIA was that second shooter. When GARCIA became concerned that Johnson might cooperate with law enforcement, GARCIA took steps to prevent Johnson from identifying GARCIA as the person with whom he committed the murder.
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GARCIA, 33, of the Bronx, New York, was previously found guilty of murder in aid of racketeering, narcotics conspiracy, murder while engaged in a narcotics conspiracy, murder through the use of a firearm, use of a firearm in furtherance of a drug trafficking offense, and attempted witness tampering offenses. Judge Rakoff imposed the following sentences on each count of conviction, with the sentences on Counts One, Two, Three, Four, and Six to run concurrently with one another, and the sentence on Count Five to run consecutively to all other sentences:
COUNT
SENTENCE
Count One: Murder in Aid of Racketeering
Life in prison
Count Two: Conspiracy to Distribute Controlled Substances
35 years in prison
Count Three: Murder While Engaged in a Narcotics Conspiracy
40 years in prison
Count Four: Murder Through the Use of a Firearm
40 years in prison
Count Five: Possession of a Firearm During and in Relation to a Drug Trafficking Crime
Five years in prison
Count Six: Attempted Witness Tampering
10 years in prison
Mr. Williams praised the investigative work of the Drug Enforcement Administration, the New York City Police Department, the Department of Homeland Security, Homeland Security Investigations, and the U.S. Marshals Service.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the U.S. using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Jacob Gutwillig, Maggie Lynaugh, and Jonathan Bodansky, with the assistance of paralegal specialist Owen Foley, are in charge of the prosecution.
[1] Johnson was convicted at trial of second-degree murder in The People of the State of New York v. Joseph Johnson, Index Number 4311/2010. On February 3, 2022, the verdict against Johnson was vacated. Johnson subsequently pled guilty to manslaughter and is serving a 17-year sentence.
Chief Investment Officer of Allianz Global Investors U.S. Pleads Guilty to Investment Adviser FraudRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today the guilty plea of GREGOIRE TOURNANT, the former chief investment officer and co-lead portfolio manager for a series of private investment funds managed by Allianz Global Investors U.S. LLC (“AGI”), to investment adviser fraud. AGI and two other AGI employees previously pled guilty, and AGI paid more than $3 billion in restitution to the innocent victims of this fraud, paid a criminal fine of approximately $2.3 billion, and forfeited approximately $463 million to the Government. TOURNANT pled guilty today before U.S. District Judge Laura Taylor Swain, and he is scheduled to be sentenced on October 16, 2024.
U.S. Attorney Damian Williams said: “Gregoire Tournant and his co-conspirators lied to investors, secretly exposed them to risk, and as Tournant has now admitted, sent victims altered risk reports. Today’s guilty plea is the culmination of a multi-year investigation and prosecution that has held wrongdoers responsible, made victims whole, and demonstrated this Office’s resolve to pursue even the most sophisticated of financial crimes.”
According to the allegations contained in the Indictments, Superseding Information, and other filings and statements made in court:
Between 2014 and 2020, TOURNANT was the chief investment officer of a set of private funds at AGI known as the Structured Alpha Funds. These funds were marketed largely to institutional investors, including pension funds for workers all across America. TOURNANT and his co-defendants misled these investors about the risk associated with their investments. To conceal the risk associated with how the Structured Alpha Funds were being managed, TOURNANT and his co-defendants provided investors with altered documents to hide the true riskiness of the funds’ investments, including that investments were not sufficiently hedged against risks associated with a market crash. In March 2020, following the onset of market declines brought on by the COVID-19 pandemic, the Structured Alpha Funds lost in excess of $7 billion in market value, including over $3.2 billion in principal, faced margin calls and redemption requests, and ultimately were shut down.
On May 17, 2022, AGI pled guilty to securities fraud in connection with this fraudulent scheme and later was sentenced to a pay a criminal fine of approximately $2.3 billion, forfeit approximately $463 million, and pay more than $3 billion in restitution to the investor victims. TOURNANT’s co-defendants, Trevor Taylor and Stephen Bond-Nelson, previously pled guilty on March 8, 2022, and March 3, 2022, respectively.
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TOURNANT, 57, of Basalt, Colorado, pled guilty to two counts of investment adviser fraud, each of which carries a maximum sentence of five years in prison. In connection with his plea, TOURNANT agreed to forfeit approximately $17 million in paid and deferred compensation traceable to his commission of the fraud.
The maximum potential sentence in this case is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding work of the U.S. Postal Inspection Service and the Special Agents of the U.S. Attorney’s Office. He also expressed appreciation for the Securities Exchange Commission, which previously initiated a civil proceeding against TOURNANT.
This prosecution is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Margaret Graham, Nicholas Folly, Allison Nichols, Thomas Burnett, Sarah Mortazavi, and Nicolas Roos are in charge of the prosecution.
Bronx Man Charged with 2016 MurderRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”); and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging BRUCE MORRIS, a/k/a “G,” with murder through the use of a firearm and a conspiracy to distribute crack cocaine. MORRIS was arrested this morning and will be presented today before U.S. Magistrate Judge Stewart D. Aaron. The case is assigned to U.S. District Judge Jesse M. Furman.
U.S. Attorney Damian Williams said: “As alleged, almost eight years ago, Bruce Morris murdered Jerome Jemison in the Bronx in connection with a long-running drug conspiracy. Thanks to the hard work of the prosecutors in this Office and our law enforcement partners at the NYPD and FBI, Morris will finally be held to account for this heinous crime. With these charges, we continue our daily work of investigating and prosecuting those who perpetrate these senseless acts – no matter how many years have passed. We hope this prosecution brings some measure of comfort to the victim’s loved ones.”
FBI Assistant Director in Charge James Smith said: “Firearms and illegal narcotics continue to infiltrate and plague our city, posing a grave danger to New Yorkers. In 2016, Bruce Morris allegedly murdered Jerome Jemison – prematurely ending the life of another over a drug trafficking operation. The FBI remains steadfast in its mission to remove firearms from the streets and deliver justice for those fallen victim to unnecessary gun violence, regardless of when the crime was committed.”
NYPD Commissioner Edward A. Caban said: “Gun violence goes hand-in-hand with the illicit drug trade, and today’s charges show the tragic consequences of that reality. The NYPD and our law enforcement partners remain committed to investigating drug-related murders, no matter how long it takes. We also remain committed to disrupting and dismantling the actors and enterprises that fuel such drug-related violence, as well as to removing from our streets all illegal firearms and everyone allegedly willing to use them. I commend the NYPD investigators and FBI agents involved in this important case, as well as the prosecutors at the office of the U.S. Attorney for the Southern District of New York, for their indispensable work.”
As alleged in the Indictment:[1]
MORRIS shot and killed Jerome Jemison on August 11, 2016, in the Bronx, New York, in relation to an eight-year crack cocaine distribution conspiracy.
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MORRIS, 42, of the Bronx, New York, is charged with one count of murder through use of a firearm, which carries a statutory maximum sentence of death or life in prison, and one count of narcotics conspiracy, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.
The minimum and maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI and the NYPD.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Matthew Weinberg, Camille L. Fletcher, and Jeffrey W. Coyle are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.