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Two Consulting Companies and Its Owners Plead Guilty to Bid Rigging Scheme Involving New York City Public Schools

Source: US FBI

Four defendants, two companies and their owners, have pleaded guilty in the U.S. District Court for the Southern District of New York, for their roles in a bid rigging scheme involving budget and procurement consulting services for New York City (NYC) Public Schools.

On March 19 and 20, Transcend BS LLC (Transcend), a procurement and training consultant company, and its owner, Victor A. Garrido of Peekskill, New York; and Clark & Garner LLC (C&G), an educational programming consultant for schools and non-profit organizations, and its owner, Donald Clark Garner II, of Brooklyn, New York, pleaded guilty to a violation of Section 1 of the Sherman Act.

“Defendants targeted the nation’s largest school system with their scheme, undermining the rights of New York City taxpayers to benefit from fair and honest competition,” said Director of the Procurement Collusion Strike Force Daniel Glad of the Justice Department’s Antitrust Division. “The Antitrust Division and its PCSF partners remain steadfast in our commitment to root out fraud, waste, and abuse in procurement processes at any level of government, as we have since 2019.”

According to court documents, from approximately November 2020 through at least January 2023, Garrido and his co-conspirators, including Garner and C&G, created and submitted artificially high “competitor” bids to make it appear as if Transcend was the lowest bidder for consulting services contracts to circumvent NYC Department of Education’s (DOE) requirement for a competitive bidding process. C&G never provided any of the same services that Transcend provided. Rather, the co-conspirators rigged the bidding process for Transcend to continue to obtain lucrative work orders from New York City public schools without competing fairly. This scheme affected more than $707,000 in work orders to NYC Public Schools and resulted in estimated losses to the NYC DOE of $141,511.

Prior to forming Transcend and C&G, Garrido and Garner were employed by NYC Public Schools. Garrido was a business manager, providing substantially similar consulting services to various schools, and Garner was a former teacher recruitment manager

In addition, both Garrido and Garner agreed to pay restitution to New York State Department of Labor for unemployment benefits they improperly received.

“Victor Garrido and Donald Clark Garner admitted their guilt in scheming to use their companies to artificially control the bidding process for a New York City Department of Education contract,” said Acting Assistant Director in Charge Leslie Backshies of the FBI New York Field Office. “Garrido and Garner will now rightly face justice for attempting to personally benefit at the expense of the New York City taxpayers. The FBI will continue to enforce antitrust laws to ensure a fair and competitive bidding process for government contracts.”

“SCI is grateful for the opportunity to work alongside our partners at the DOJ Anti-trust Division, the Office of the Inspector General for the Department of Labor, and the FBI in bringing this important case to justice,” said Special Commissioner of Investigation Anatasia Coleman of the Office of the Special Commissioner of Investigation for the NYC School District. “SCI is also pleased to recover tax dollars for New York City taxpayers. Bid-rigging is a serious crime that deprives the school district of vital funds and deprives students of a stable learning environment — and it is a crime that SCI will continue to tirelessly root out.”

“These guilty pleas underscore the U.S. Department of Labor, Office of Inspector General’s unwavering commitment to safeguard the American workplace from corruption and illegal influence,” said Special Agent-in-Charge Jonathan Mellone of the U.S. Department of Labor, Office of Inspector General Northeast Region. “We will continue to work closely with our law enforcement partners to pursue those who engage in the exploitation of governmental programs within our jurisdiction.”

The maximum penalty for bid rigging for individuals is 10 years in prison and a $1 million criminal fine. The maximum penalty for corporations is a $100 million criminal fine. The fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Antitrust Division’s New York Office is prosecuting the case, which was investigated with the assistance of the FBI New York Field Office, the SCI for the New York City School District, and the Department of Labor Office of Inspector General.

Anyone with information about this investigation or other procurement fraud schemes should notify the PCSF at www.justice.gov/atr/webform/pcsf-citizen-complaint. The Justice Department created the PCSF in November 2019. It is a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government – federal, state, and local. For more information, visit www.justice.gov/procurement-collusion-strike-force.

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Six Defendants Charged with Attempting to Steal Approximately $80 Million in Government Check Fraud Scheme

Source: US FBI

The Defendants Deposited Approximately $50 Million Using Stolen and Fake Identities During Their Years-Long Check Fraud Scheme

Matthew Podolsky, the Acting United States Attorney for the Southern District of New York; Leslie R. Backschies, the Acting Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”); and Harry T. Chavez, Jr., the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigations (“IRS-CI”), announced the unsealing of a four-count criminal Indictment charging SHAN ANAND, NOSAKHARE NOBORE, NICHOLAS PAPPAS, LEONARD UJKIC, SOLOMON ALUKO, a/k/a “D1 ReallyRich,” and JORGE GONZALEZ with a scheme to fraudulently obtain checks and launder the proceeds. Many of the checks were funds provided by the government for COVID-19 relief that the defendants stole before depositing into bank accounts opened using sham businesses or stolen or fake identities. In total, the defendants attempted to steal approximately $80 million and succeeded in depositing approximately $50 million.

Acting U.S. Attorney Matthew Podolsky said: “We allege that the defendants stole tens of millions of dollars in COVID-19 relief and other checks, and even used a ‘Fraud Bible’ containing instructions for committing fraud. This Office will not tolerate the exploitation of programs designed to support the public in times of crisis, and we and our law enforcement partners will hold those responsible to full account.” 

FBI Acting Assistant Director Leslie R. Backschies said: “These six defendants allegedly used sham businesses, stolen, and fake identities to operate a multi-year check fraud scheme, resulting in $50 million in illicit funds being deposited into their accounts. The defendants brazenly attempted to exploit multiple United States government programs in their attempts to illegally enrich themselves. The FBI will continue to ensure fraudsters attempting to lie, cheat, and steal from the Government answer for their crimes in the criminal justice system.”

IRS Special Agent in Charge Harry T. Chavis, Jr. said: “This group of suspects openly communicated about their fraud, taking pride in the multiple schemes that stole nearly $50 million from the American public. They lied and cheated a benefits system meant to help struggling businesses that need it, all while stealing checks from agencies who assist the elderly and veterans. This gang of ‘bag hunters’ will now face justice for multiple charges.  This time, the U.S. government were the hunters, and the arrests in this massive fraud case are ‘in the bag.’”

As alleged in the Indictment:[1]

From 2021 to 2025, the six defendants worked together to steal money from the U.S. government, banks, and individuals. The defendants opened bank accounts using fake or stolen identity information for individuals or businesses, and were assisted in doing so by one of the defendants who was a teller at a major bank. From the inside, he worked to open or alter bank accounts to advance the defendants’ fraud.

The defendants then deposited fraudulently obtained or counterfeit checks into the  accounts. Many of the checks were issued by the U.S. Treasury (the “Treasury”) based on false and fraudulent filings with the Internal Revenue Service (“IRS”) in connection with the Employee Retention Credit (“ERC”) and Qualified Sick Leave Wages (“QSLW”) credit. The ERC is a refundable tax credit for businesses and tax-exempt organizations that had employees during and were affected by the COVID-19 pandemic. Employers must have paid qualified wages to claim the credit. The QSLW credit is a related credit that was also established in response to the COVID-19 pandemic. The defendants did not operate businesses that would have qualified for these credits. The businesses they used to open bank accounts and apply for the credits were fake or sham businesses.

Other Treasury checks passed as part of the defendants’ scheme were payments for different tax refunds, including personal and corporate income tax refunds. Still other Treasury checks were associated with programs at other government agencies such as the Department of Veterans of Affairs and the Social Security Administration. Some of the checks involved in the scheme—both Treasury checks and other business or individual checks—were stolen from the mail or elsewhere. Other checks were partially or completely forged.

Once the checks were deposited, the defendants withdrew the fraudulently obtained funds in cash or transferred them to other banks accounts under their control. Over the course of their scheme, the defendants attempted to obtain approximately $80 million in total. They succeeded in depositing approximately $50 million.

The defendants communicated openly about their fraud. One defendant sent another a video of a screen recording of a document or documents titled “✅ 2021 Fraud Bible ✅”, shown in the following image:

This “Fraud Bible” contained instructions on how to engage in various forms of fraud, including credit card fraud, ATM fraud, and mobile cash transfer fraud.

Since at least 2021, some members of the conspiracy have worn clothing items bearing a logo depicting a sack of money running along with the phrase “Bag Hunter.”

Certain members of the conspiracy wore this logo while engaging in criminal conduct. For example, the following image shows NOBORE withdrawing fraudulently obtained funds while prominently displaying the Bag Hunters logo:

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ANAND, 34, of Queens, New York; NOBORE, 29, of Edgewater, New Jersey; PAPPAS, 28, of Miami, Florida; UJKIC, 44, of Ft. Lauderdale, Florida; ALUKO, 29, of Hackensack, New Jersey; and GONZALEZ, 28, of North Bergen, New Jersey, are each charged with conspiracy to commit wire fraud and bank fraud, which carries a maximum sentence of 30 years in prison; conspiracy to commit money laundering and engaging in a monetary transaction in property derived from specific unlawful activity, which carries a maximum sentence of 20 years in prison; conspiracy to defraud the government, which carries a maximum sentence of 10 years in prison; and aggravated identity theft, which carries a mandatory sentence of two years in prison. 

The maximum potential sentences 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. Podolsky praised the outstanding work of the FBI and IRS-CI. Mr. Podolsky also thanked the U.S. Postal Inspection Service and the New York City Police Department for their assistance.

The case is being prosecuted by the Office’s Complex Frauds and Cybercrime and Illicit Finance and Money Laundering Units. Assistant U.S. Attorneys Maggie Lynaugh, Steven J. Kochevar, and Qais Ghafary 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 herein, constitutes only allegations, and every fact described therein should be treated as an allegation.

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Two Venezuelan Gang Members Arrested, Charged with Bank Theft and Conspiracy

Source: US FBI

BUFFALO, N.Y. –U.S. Attorney Michael DiGiacomo announced today that David Jose Gomez Cegarra, 24, and Jesus Segundo Hernandez-Gil, 19, both of Venezuela, were arrested and charged by criminal complaint with bank theft and conspiracy to commit bank theft. The charges carry a maximum penalty of ten years in prison.

Assistant U.S. Attorneys Jeffrey E. Intravatola and Douglas A.C. Penrose, who are handling the case, stated that the defendants are members of the Tren de Aragua Gang, which has been designated by the White House as a Global Terrorist Organization. They are accused of participating in an ATM Jackpotting scheme. ATM Jackpotting involves removing an ATM’s cover and infecting the ATMs hard drive with malware or removing the hard drive and replacing it with an infected hard drive, which allows the operator to assume control of the ATM and cause it to dispense currency.

According to the complaint, Gomez-Cegarra, Hernandez-Gil, and other co-conspirators successfully completed an ATM Jackpotting scheme at a Radius Federal Credit Union in Kenmore, NY, on October 5, 2024. Video surveillance shows that at approximately 4:05 p.m., a vehicle, driven by Gomez-Cegarra,  approached the drive-up ATM, a co-conspirator exited the vehicle and opened the ATM utilizing a key, appeared to install something in the ATM, pressed buttons, and closed the ATM. The vehicle then left the area. Over the next several hours, the vehicle re-appeared multiple times at the ATM and conducted illegal withdrawals. Radius Federal Credit Union reported that $110,440.00 was stolen from the ATM during this ATM Jackpotting event.

Gomez-Cegarra, Hernandez-Gil, and other co-conspirators are also believed to be responsible for ATM Jackpotting events St. Maly’s Federal Credit Union in Framingham, Massachusetts, on October 6, 2024, at First National Bank of Dryden in Dryden, NY, on October 17, 2024, and at two Community First Bank locations in Mount Vernon, Illinois, on November 11, 2024. During these events, approximately $187,000 was reported stolen.

On November 11, 2024, the Mahomet, Illinois Police Department stopped Gomez-Cegarra and Hernandez-Gil in a vehicle together for suspicious activity. Both men presented Venezuelan identifications. They were arrested by the Mahomet Police Department, and ultimately charged by the Mount Vernon Police Department in relation to the incidents that occurred at the Community First Bank locations in Mount Vernon, IL.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Kenmore Police Department, under the direction of Chief Thomas Phillips, the Homer, NY, Police Department, under the direction of Chief Robert Pitman, the Framingham, MA, Police Department, under the direction of Chief Lester Baker, and the Mahomet, Illinois, Police Department.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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Former Gow School Administrator Pleads Guilty to Production of Child Pornography

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Matthew Fisher, 51, of South Wales, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to production of child pornography, which carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between June 2022, and November 2023, Fisher was employed as the Associate Director of Enrollment and Management at the Gow School, a private boarding school in South Wales, NY. Fisher resided on the Gow School campus. He utilized hidden cameras in his residence to create and attempt to create videos of at least five minor males engaged in sexually explicit conduct. During the investigation, several of Fisher’s electronic devices were seized and found to contain child pornography depicting the five victims and several yet to be identified minor individuals.

The plea is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, the Niagara Frontier Transportation Authority Transit Police Department, under the direction of Chief Brian Patterson, and the East Aurora Police Department, under the direction of Chief Patrick Welch.

Sentencing will be scheduled at a later date.

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Webster Woman Charged with Defrauding Medicaid

Source: US FBI

ROCHESTER, N.Y. –Acting U.S. Attorney Joel L. Violanti announced today that Ashley Jackson, 36, of Webster, NY, was arrested and charged by criminal complaint with health care fraud. The charge carries a maximum penalty of five years in prison and a $250,000.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, Jackson was the sole owner of Roc City Transport in Webster. Between February 2018, and November 2022, Jackson and others submitted fraudulent claims for payment to Medicaid, seeking reimbursement for non-emergency transportation they allegedly provided in connection with their transportation services. Jackson submitted reimbursement claims for Medicaid transportation trips that were not actually performed, individual rides were billed as group rides, and kickbacks were paid to recipients to drive themselves to an appointment rather than Roc City. Most of the Medicaid beneficiaries using Roc City were being transported to methadone clinics in Rochester, NY, up to six days a week. Roc City is accused of fraudulently billing Medicaid for approximately $40,123.29.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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Lackawanna Man Pleads Guilty to Defrauding Medicaid

Source: US FBI

BUFFALO, N.Y. – Acting U.S. Attorney Joel L. Violanti announced today that Munef Fadhel, 37, of Lackawanna, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to health care fraud, which carries a maximum penalty of 10 years, and a $250,000 fine.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that between June 2017, and December 2020, Fadhel defrauded the Medicaid program. Fadhel was an owner of Great Lake Transportation, Inc., a transportation company that provided rides to Medicaid beneficiaries. While working at Great Lake Transportation, he knowingly submitted multiple false and fraudulent records seeking transportation reimbursement for trips. Fadhel submitted claims for shared rides which he certified as individual rides in order to claim a higher reimbursement amount. This resulted in a loss to Medicaid in excess of $95,000.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Department of Financial Services, under the direction of Superintendent Adrienne A. Harris.

Sentencing is scheduled for August 19, 2025, at 10:00 a.m. before Judge Sinatra.

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Former Western New York Man Pleads Guilty to Perjury for Lying While Testifying During His Fraud Trial

Source: US FBI

BUFFALO, N.Y. –Acting U.S. Attorney Joel L. Violanti announced today that  Michael W. Luehrsen, 41, of Miami, Florida, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to perjury, which carries a maximum penalty of five years in prison. As part of his plea, Luehrsen has agreed to pay approximately $2-million dollars in restitution and forfeit approximately $2-million dollars in assets, including investments and real estate proceeds.

Assistant U.S. Attorneys Charles M. Kruly and Grace Carducci, who is handling the case, stated that in February 2022, Luehrsen testified under oath in his previous jury trial before the United States District Court for the Western District of New York as follows:

Q. Mike, I want to start by talking about your dad. You told Mr. Kruly that on the days that those prescriptions were faxed you were not in town, is that what you said?

A. That’s correct.

Q. Can you tell the jury, where were you?

A. On June 27, 2014, I was actually in California visiting Cornerstone Pharmacy with two physicians. On July 11, of 2014, I was in Boston, Massachusetts.

Q. And how do you remember that?

A. I have photographs from my phone showing me in those particular cities.

Evidence from Luehrsen’s cellular telephone shows that the testimony quoted above was false. Photographs on the cell phone establish that he was, in fact, in Buffalo on July 11, 2014. In addition, telephone records and financial records established that Luehrsen was in Buffalo on that date. At the time of this testimony, Luehrsen was being tried for, among other crimes, conspiring to commit health care fraud. It was a matter material to the  trial whether or not Luehrsen was in Buffalo when an altered compound prescription form was faxed from his father’s home located in the Western District of New York.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

Sentencing is scheduled for June 27, 2025, before Judge Vilardo.

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Ecuadorian Man Charged with Being in the United States Illegally After Having Been Previously Removed by Immigration Officials

Source: US FBI

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that during an arraignment before United States Magistrate Judge Kevin J. Doyle on February 5, 2025, Alex Patin-Patin, 28, of Ecuador, pleaded not guilty to an indictment charging him with being unlawfully present in the United States after having been previously removed by immigration officials. At a detention hearing held on February 6, 2025, Judge Doyle ordered that Patin-Patin be detained during the pendency of this matter.

According to court records, Patin-Patin unlawfully entered the United States in or around February 2022, and was then removed from the United States by federal authorities in or around July 2022. It is unknown where or when Patin-Patin re-entered the United States, but in April 2024 Patin-Patin was arrested in South Burlington, Vermont, and charged by the Chittenden County State’s Attorney’s Office with, among other charges, aggravated domestic assault. Because Patin-Patin had not obtained permission to re-enter the United States, his presence in the country was in violation of U.S. law.

The federal grand jury returned the indictment charging Patin-Patin with this offense in October 2024 and at that time a federal warrant for his arrest was issued. Court records indicate that Patin-Patin’s arrest earlier this week followed surveillance indicating he had been living at an address other than that required by conditions imposed on him by the Vermont Superior Court in connection with his state domestic assault prosecution.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Patin-Patin is presumed innocent until and unless proven guilty. Patin-Patin faces up to two years’ imprisonment and a fine of $250,000 if convicted. The actual sentence, however, would be determined by the District Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

Acting United States Attorney Michael P. Drescher commended the collaborative investigatory efforts of the Department of Homeland Security’s Immigration and Customs Enforcement/ Enforcement and Removal Operations, Homeland Security Investigations, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the United States Marshals Service.

The prosecutors are Assistant United States Attorneys Matthew Lasher and Michelle Arra. Patin-Patin is represented by the Office of the Federal Public Defender.

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Albany County Man Sentenced to 25 Years for Sexual Exploitation of a Child

Source: US FBI

SYRACUSE, NEW YORK – Thomas Berrington, age 33, of Colonie, New York, was sentenced today to 25 years in federal prison for his repeated sexual exploitation of a child announced United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his prior guilty plea, Berrington admitted that between June of 2023 and January of 2024, he repeatedly sexually abused a minor female child for the purpose of photographing and video recording the abuse. The victim was eight years old when Berrington’s abuse of her began.

United States District Judge Mae A. D’Agostino also sentenced Berrington to a 25-year term of supervised release, to begin following his term of imprisonment. Berrington will also be required to pay a special assessment of $200, an additional special assessment of $5,000, and register as a sex offender upon his release from prison.

The case was investigated by the FBI’s Albany Division Child Exploitation and Human Trafficking Task Force, comprised of FBI Special Agents, and state and local police investigators, including from the New York State Police and Colonie Police Department. The case was prosecuted by Assistant United States Attorney Adrian S. LaRochelle as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.