Author: MIL-OSI Publisher

Source: US FBI

Defendant Admitted Actions Were Designed to Retaliate Against Government Conduct and Influence and Affect the Conduct of State and Federal Governments

Source: US FBI

SAN FRANCISCO – Rajesh Kumar Kapoor, 57, of Sacramento, pleaded guilty on Dec. 19, 2024, to sexual assault of another passenger aboard an aircraft bound for San Francisco.

Defendant was indicted on Mar. 13, 2024.  The indictment alleged that, while on a flight from the Republic of Korea to San Francisco on Jan. 16, 2024, Kapoor touched the victim’s breasts and inner thigh without permission.

In connection with pleading guilty, Kapoor admitted that he intentionally touched the victim’s inner thigh without the victim’s permission and with the intent to harass her. Kapoor pleaded guilty, with no plea agreement from the government, to abusive sexual contact in violation of 18 U.S.C. § 2244(b).

“Sexual assault has no place in our society, not on the ground and not in the skies.  Airline passengers should not have to fear sexual assault while traveling.  These assaults are federal crimes, and I urge the public to report them to law enforcement so they can be investigated and prosecuted,” said United States Attorney Ismail J. Ramsey.

“Sexual misconduct on an aircraft is a serious violation of federal law and public trust,” said Federal Bureau of Investigation (FBI) Special Agent in Charge Robert K. Tripp. “Everyone has the right to feel safe while traveling. The FBI will continue working with our partners to ensure justice for victims of such outrageous criminal behavior.”

Kapoor’s sentencing is scheduled for Mar. 27, 2025, before the Honorable Edward M. Chen, Senior U.S. District Judge.  He faces a statutory maximum of two years in prison and a $250,000 fine.  Any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Special Assistant United States Attorney Matthew Chou and Assistant United States Attorney Nicholas M. Parker are prosecuting this case with the assistance of Claudia Hyslop, Marina Ponomarchuk, Andy Ding, and Tina Rosenbaum.  The prosecution is the result of an investigation by the FBI, with assistance from U.S. Customs and Border Protection and the San Francisco Police Department Airport Bureau.
 

Source: US FBI

SAN FRANCISCO – A federal grand jury in Oakland indicted four individuals on charges of operating an unlicensed money transmitting business, conspiracy to operate an unlicensed money transmitting business, and conspiracy to make false statements to a bank.

According to the indictment filed Nov. 7, 2024, and unsealed Dec. 16, 2024, Gaston Kolker, 49, of Connecticut, Michael Goldfine, 66, of New York, Astrid Jasnis, 52, of Argentina, and Joanna O’Donnell, 56, of Sherman Oaks, California, allegedly made false statements to FDIC-insured banks in order to initiate and maintain a business transmitting money on behalf of others, many of whom were foreign nationals in Argentina.  The defendants allegedly opened and maintained numerous accounts under false pretenses, claiming the accounts were held in the names of companies engaged in the importing and exporting of goods, when the defendants were operating the accounts for an unlicensed money transmitting business that transferred funds on behalf of others.  The defendants are also charged with operating, and conspiring to operate, a money transmitting business without a license.

Kolker was arrested in Connecticut on Dec. 13, 2024, made his initial appearance in Hartford that day, and was released on $250,000 bond.  Goldfine self-surrendered on Dec. 13, 2024, made his initial appearance in New York City that day, and was released on $100,000 bond.  Kolker and Goldfine are scheduled to appear in San Francisco on Jan. 21, 2025, for initial proceedings before Magistrate Judge Peter H. Kang.  O’Donnell self-surrendered and made her initial appearance in San Francisco on Dec. 16, 2024.  She is currently released on $100,000 bond following a hearing before Magistrate Judge Sallie Kim on Dec. 20, 2024.  Jasnis remains at large.

United States Attorney Ismail J. Ramsey, Federal Bureau of Investigation (FBI) Special Agent in Charge Robert K. Tripp, Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG) Special Agent in Charge Ryan Korner, and San Francisco Division Inspector in Charge Stephen M. Sherwood of the U.S. Postal Inspection Service (USPIS) made the announcement.

An indictment merely alleges that crimes have been committed.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, defendants each face a maximum sentence of five years in prison and a $250,000 fine for each violation of 18 U.S.C. §§ 371 & 1014, conspiracy to make false statements to a bank, 18 U.S.C. §§ 371 & 1960, conspiracy to operate an unlicensed money transmitting business, and 18 U.S.C. § 1960, operation of an unlicensed money transmitting business.  Any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant United States Attorney Robert David Rees is prosecuting the case with the assistance of Kay Konopaske and Veronica Hernandez.  The prosecution is the result of an investigation by the FBI, FDIC-OIG, and USPIS.
 

Source: US FBI

SAN DIEGO – Escondido resident Katherine Lu Acquista, the former director of operations and accounting for the San Diego Regional Economic Development Corporation, was sentenced in federal court today to 12 months and 1 day in custody for stealing approximately $433,275.89 from her then-employer.  She was also ordered to pay a fine of $50,000.

According to court documents, while employed at the non-profit organization known as EDC, Acquista used her access and authority to put personal expenses on EDC credit cards and pay those expenses using EDC funds. She also directed other employees to issue checks to her from the EDC company bank account. She then caused false entries about these transactions to be made in the EDC’s accounting system to disguise her ongoing theft. In addition, she stole from EDC’s flexible spending and payroll system. All told, she exploited her position of trust to steal more than $430,000 over at least a five-year period, between August 2017 and August 2022.

The EDC is a 501(c)(3) charitable non-profit organization that works to grow San Diego’s economy and regional prosperity. The EDC’s mission is to maximize the region’s economic competitiveness and global competitiveness.  It is funded by individual and corporate donations, grants and investments from nearly 200 companies, public agencies, and private organizations.

Explaining the impact of her crimes, the Chief Operating Officer of EDC stated, “[San Diego Regional Economic Development Corporation] is a nonprofit organization with a mission to maximize the region’s economic prosperity and raise our global competitiveness. Acquista’sactions defied two of our closely held values – accountability and integrity.”

“Members of our community who donate to local non-profits depend on the integrity and stewardship of those entrusted with such funds,” said U.S. Attorney Tara McGrath. “This sentence serves to remind those engaged in crime for profit that whether your victim is the taxpayer, government, or a local non-profit, you will be held accountable.”

“Those who seek to misappropriate non-profit donations are acting contrary to the interest of the public good. The FBI stands ready to investigate those who violate the trust of the donors and diminish the efforts of non-profit organizations such as the San Diego Regional Economic Development Corporation,” said San Diego FBI Special Agent in Charge Stacey Moy.

This case is being prosecuted by Assistant U.S. Attorney Valerie H. Chu. Former Assistant U.S. Attorney Michelle Wasserman assisted in the case.

DEFENDANT                                               Case Number 24CR0765-AJB

Katherine Lu Acquista                                    Age: 47                                   Escondido, CA

SUMMARY OF CHARGES

Wire Fraud – Title 18, U.S.C., Section 1343

Maximum penalty: Twenty years in prison and $250,000 fine

INVESTIGATING AGENCY

Federal Bureau of Investigation 

Source: US FBI

NEWS RELEASE SUMMARY – August 28, 2024

SAN DIEGO – David Constantin, mastermind of a scheme to steal more than $5 million in California unemployment benefits intended to help workers affected by the pandemic, was sentenced in federal court today to five years in prison and was ordered to pay $ $5,178,276 in restitution to the state.

The co-mastermind of the scheme, Constantin Bobi Sandu, charged separately, was sentenced in 2023 to 40 months in prison.

According to Constantin’s plea agreement, between July 2020 and August 2022, Constantin and Sandu conspired with 213 co-conspirators to fraudulently obtain at least $5,178,276 in California unemployment insurance benefits.

Thirteen other defendants were charged on the same indictment as Constantin with wire fraud and money laundering related to the unemployment fraud scheme.  Four of the defendants were sentenced on July 31, 2024, and ordered to pay restitution to the state of California. They are:

• Eduard Buse, 34 months and $244,050;
• Constantin Iosif Constantin, 32 months and $281,000;
• Leonard Miclescu, 15 months and $34,650; and
• Filip Nicolae, 13 months and $26,250.

Additional defendants include:

• Florentina Sima, wife of Buse, who was sentenced on May 29, 2024 to 15 months in custody and $28,350 in restitution; and
• Florin Nicolae, who pleaded guilty and is scheduled to be sentenced on August 30, 2024, at 9 a.m.

According to admissions in their plea agreements, these defendants submitted fraudulent applications to the California Economic Development Department, falsely claiming to be United States citizens who had been employed full time prior to the pandemic, and who had earned substantial income. To substantiate these claims, the defendants submitted false documents, including fake Forms W-2 purporting to be from their prior employers, phony health insurance cards, and fake utility bills to support their claimed residence in California.

These defendants caused the California Employment Development Department to pay out hundreds of thousands of dollars in fraudulent benefits to individuals who were not entitled to those benefits. Many of them laundered their fraudulent proceeds by transferring funds to Romania. 

In some cases, while claiming that they needed the funds to take care of their families, the defendants used the proceeds of the fraud to purchase luxury items. Buse, for example, purchased a 2020 BMW for more than $100,000 and shipped it to Romania.

Other defendants are being sought by the United States so that they can be held accountable. 

This case is being prosecuted by Assistant U.S. Attorneys Jessica Adeline Schulberg and Valerie H. Chu.

DEFENDANTS                                             Case Number 23CR2090-RBM                               

David Constantin, Aka Vlad Alexandru         Age: 28           Transient, Romanian

Eduard Buse                                                    Age: 31           Transient, Romanian

Leonard Miclescu                                           Age: 49           Transient, Romanian

Constantin Iosif Constantin                            Age: 31           Transient, Romanian

Florentina Sima                                              Age: 30           Transient, Romanian

Filip Nicolae                                                   Age: 31           Transient, Romanian

Florin Nicolae                                                 Age:  34          Transient, Romania

*Additional defendants are not in custody and their names are redacted

SUMMARY OF CHARGES

Title 18, U.S.C.  § 1349 and 1343 – Conspiracy to Commit Wire Fraud

Maximum penalty: Thirty years in prison, a fine of $1 million or both;

Title 18 U.S.C. § 1943 – Wire Fraud

Maximum penalty: Thirty years in prison, a fine of $1 million or both;

Title 18 U.S.C. § 1956(a)(2)(A) — Laundering Monetary Instruments

Maximum penalty: Twenty years in prison and $500,000 fine or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater;

Title 18 U.S.C. § 1956(a)(2)(B)(i) – Laundering Monetary Instruments

Maximum penalty: Twenty years in prison and $500,000 fine or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater;

Title 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(1), and Title 28, U.S.C. § 2461(c) – Criminal Forfeitures 

INVESTIGATING AGENCIES

Federal Bureau of Investigation

San Diego Police Department Economic Crimes Unit

IRS Criminal Investigation

California Employment Development Department Investigative Division

Department of Labor Office of Investigator General

U.S. Department of Homeland Security

Source: US FBI

CINCINNATI – A member of a Russian cybercrime group has been charged federally and appeared in U.S. District Court in Cincinnati today.

A federal grand jury indicted Deniss Zolotarjovs, 33, of Moscow, Russia, charging him with conspiring to commit money laundering, wire fraud and Hobbs Act extortion.

He was arrested by law enforcement in the country of Georgia in December 2023 and has remained in custody since. Georgia extradited Zolotarjovs to the United States this month.

According to court documents, Zolotarjovs is a member of a known cybercriminal organization that attacks computer systems of victims around the world. Among other things, the Russian cybercrime group steals victim data and threatens to release it unless the victim pays ransom in cryptocurrency. The group maintains a leaks and auction website that lists victim companies and offers stolen data for download.

It is alleged that Zolotarjovs was an active member of the Russian cybercrime group, communicating with other members, laundering cryptocurrency received from victims, and extorting victims. Zolotarjovs is the first alleged group member to be arrested and extradited to the United States.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and Elena Iatarola, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the charges. U.S. Attorney Parker and SAC Iatarola commend the FBI offices in Cleveland, San Diego, Richmond and Salt Lake City for their vital roles in the investigation and officials in Georgia for their role in the extradition. Assistant United States Attorney Megan Gaffney Painter is representing the United States in this case. The Justice Department’s Office of International Affairs provided significant assistance in securing Zolotarjovs’s extradition from Georgia.

An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.

# # #

Source: US FBI

NEWS RELEASE SUMMARY – August 23, 2024

SAN DIEGO – Son Nguyen of San Diego was arrested early today and charged in federal court with two counts of damaging property in connection with using explosives on two ATMs.

Nguyen, who unsuccessfully attempted to steal money from the machines, was tracked through surveillance video, vehicle registration and facial features, the complaint said. He was taken into custody by the FBI at his Mira Mesa residence and is scheduled to make his first appearance in federal court Monday.

According to the complaint, at approximately 3:24 a.m. on June 8, 2024, Nguyen drove up to an ATM outside of California Coast Credit Union on Governor Drive in San Diego. Nguyen got out of his car and brought a five-gallon blue plastic container with a white spout to the area in front of the ATM. He then appeared to insert a black polyvinyl chloride plastic (“PVC”) hose into the ATM. A short time later, a small explosion occurred inside the ATM. Despite efforts to pull money out of the machine, Nguyen left empty handed.

San Diego Police officers responded to an alarm at the credit union and observed a white PVC pipe connected to a black PVC pipe with two batteries taped to it. They also observed pieces of what looked like a blue balloon around the ATM.  Approximately 20 feet from the ATM was another plastic pipe. 

According to the complaint, a few weeks later, at approximately 2:10 a.m. on June 28, 2024, Nguyen drove up to another ATM in Rancho Bernardo outside of a First Citizen’s Bank branch in San Diego. He then repeated the same steps. After electrical components caught fire and smoke started coming out of the ATM, Nguyen returned and attempted to extract cash from the machine but was unsuccessful.

Investigators used surveillance camera video to track the defendant and his vehicle. While serving a court-authorized search warrant at Nguyen’s home, investigators found gas, black powder, potassium nitrate sulfur, explosive pre-cursor chemicals, a paper that explains how to make black powder and a firearm in Nguyen’s residence, among other equipment and clothing items consistent with those used during the attempts.

“Fortunately, neither of these incidents resulted in injury or successful theft of cash,” said U.S. Attorney Tara McGrath. “With the discovery of chemicals and equipment in the search today, future attempts were also thwarted.”

This case is being prosecuted by Assistant U.S. Attorneys Andrew Sherwood and Shital Thakkar.

DEFENDANT                                               Case Number                         24-mj-03215

Son Thanh Nguyen                                         Age: 44                                   San Diego, CA

SUMMARY OF CHARGES

Use of an Explosive to Damage Property – 18 U.S.C., Section 844(i)

Maximum penalty: Twenty years in prison

INVESTIGATING AGENCIES

Federal Bureau of Investigation

San Diego Police Department

San Diego County Sheriff’s Department Bomb Squad

City of San Diego’s Hazmat Team

A complaint itself is not evidence that the defendant committed the crimes charged. The defendant is presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt. 

Source: US FBI

NEWS RELEASE SUMMARY – August 13, 2024

SAN DIEGO – George Joseph Wellinger II of San Diego made his first appearance in federal court today to face charges that he sent a threatening email to a member of the LGBTQ community.

The victim was targeted after being interviewed for a KTLA news report about a hate-inspired murder in Lake Arrowhead in 2023.

According to the indictment, the email called the victim “another alphabet clown that wants to take a dirt nap, too,” and included a link to the KTLA news report which featured the victim and others discussing the murder of a Lake Arrowhead business owner who had been gunned down for hanging a Pride flag in her business.

The email continued: “We know what you look like and know where are you are….only a matter of time….Love it….get ur ghey on sister….scissor it up….we coming for ur rainbow azz. Click Click!!!!;

Wellinger was arraigned on an indictment charging him with Transmitting a Threatening Communication. The indictment alleges Wellinger targeted his victim because of her sexual orientation.

“Hate crimes are designed to terrify both the victim and the community,” said U.S. Attorney Tara McGrath. “The U. S. Attorney’s Office works tirelessly on prosecuting these cases to send our own message: San Diego is no place for hate.”

“Today’s indictment serves as a reminder there is no room for hate in our community,” said Stacey Moy, Special Agent in Charge for the FBI San Diego Field Office. “Hate crimes remain one of the top FBI priorities and we will continue to protect and safeguard our communities.”

Wellinger was taken into custody early today and at today’s hearing, U.S. Magistrate Judge Barbara L. Major set a $50,000 bond and ordered home detention and electronic monitoring.

If you or anyone you know believes you have been the victim of a hate crime, please contact the FBI at https://tips.fbi.gov/home. Assistant U.S. Attorneys Jacqueline M. Jimenez and Alicia Williams are prosecuting this case.

DEFENDANT                                               Case Number: 24-CR-1591                                       

George Joseph Wellinger II                            Age: 48                                   San Diego, CA

CHARGE

Transmitting a Threatening Communication – Title 18 U.S.C., § 875(c)

Maximum penalty: Five years in prison

INVESTIGATING AGENCY

Federal Bureau of Investigation

For more information and resources about the department’s work to combat hate crimes, visit https://www.justice.gov/hatecrimes.

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.       

Source: US FBI

SACRAMENTO, Calif. — Jose Luis Ramos, 56, of Michoacan, Mexico, was sentenced today by U.S. District Judge Troy L. Nunley to five years in prison for conspiracy to distribute at least 500 grams of methamphetamine, Acting U.S. Attorney Michele Beckwith announced.

According to court documents, Ramos was intercepted on a wiretap coordinating the delivery of 10 pounds of methamphetamine in Southern California. Two pounds of that methamphetamine was ultimately seized by the FBI in Sacramento.

This case was the product of an investigation by the Federal Bureau of Investigation and the Sacramento County Sheriff’s Office. Assistant U.S. Attorneys Cameron L. Desmond and Alstyn Bennett prosecuted the case.

Ramos’ co-defendant, Jesus Celaya, was sentenced on Oct. 10, 2024, to 73 months in prison for distribution of methamphetamine.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about Organized Crime Drug Enforcement Task Forces, please visit Justice.gov/OCDETF. 

Source: US FBI

FRESNO, Calif — On Wednesday, a federal jury in Fresno convicted former Sanger Police Department Officer J. DeShawn Torrence, 42, of eight counts of deprivation of constitutional rights under color of law for sexually assaulting four women whom he encountered during the course of his official duties. The jury found that the offenses included kidnapping, aggravated sexual abuse, and attempted aggravated sexual abuse, and also caused bodily injury.

Deputy Assistant Attorney General Kathleen Wolfe of the Justice Department’s Civil Rights Division, Acting U.S. Attorney Michele Beckwith for the Eastern District of California, and Special Agent in Charge Siddartha Patel of the FBI Sacramento Field Office made the announcement.

The evidence at trial proved that Torrence sexually assaulted four women. He kidnapped a 21‑year-old woman who was walking to a store to buy groceries for her young children, drove her outside of town in his police car, and sexually assaulted her at an isolated dead end. Torrence forcibly raped a second victim, a 67-year-old woman, after following her into her home during a DUI investigation. With a third victim, Torrence showed up at her door in his police uniform after midnight, entered her apartment, pinned her against the kitchen counter, and sexually assaulted her. Torrence showed up multiple times at the home of a fourth victim, a domestic violence victim, supposedly to investigate a prior domestic violence incident. During those follow up visits, Torrence forced the victim to expose sensitive parts of her body for no legitimate reason, and he sexually assaulted her.

“Law enforcement officers are entrusted with great power to protect the public and keep them safe from harm. This officer’s crimes were an egregious breach of that trust and an appalling abuse of power, as he repeatedly preyed on the women in his community and violated their civil rights,” said Acting U.S. Attorney Beckwith. “We stand ready to investigate and prosecute such crimes with all the tools we have available.”

“The FBI Sacramento Field Office is grateful to the brave victims who came forward and trusted us to investigate the allegations of sexual abuse at the hands of a police officer,” said Special Agent in Charge Sid Patel. “The FBI is deeply committed to working with our partners to thoroughly investigate such cases to protect the American people and preserve public trust in law enforcement.”

The FBI Sacramento Field Office investigated the case, with assistance from the Fresno County Sheriff’s Office. Special Litigation Counsel Michael J. Songer of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Karen Escobar for the Eastern District of California are prosecuting the case.

Torrence is scheduled to be sentenced on May 7, 2025. Torrence faces a maximum penalty of life in prison and a $250,000 fine for five of the counts. The remaining counts each carry a maximum penalty of one year in prison and a fine of up to $100,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.