FBI San Diego Warns of Holiday Scams

Source: US FBI

SAN DIEGO—The 2023 holiday season is officially here, and criminals are waiting to take advantage of unsuspecting shoppers. Consumers looking for a good deal this holiday season need to be aware of aggressive and deceptive scams designed by criminals to steal money and personal information.

According to the FBI’s Internet Crime Complaint Center (IC3), San Diegans lost more than $2.6 million to fraudsters in 2022, including more than $320,000 during the holiday season alone. This year, FBI San Diego wants shoppers and sellers to enjoy a scam-free holiday season by learning how to recognize and protect against scams.

Common scams include:

  • Online Shopping Scams
    • Scammers often offer too-good-to-be-true deals via phishing e-mails or advertisements. Such schemes may offer brand-name merchandise at extremely low prices or offer gift cards as an incentive. Other sites may offer products at a great price, but the products being sold are not the same as the products advertised.
    • Consumers should steer clear of untrustworthy sites or ads offering items at unrealistic discounts or with special coupons.
    • Consumers should be vigilant when receiving items purchased from online auctions and third-party marketplaces. If an item arrives from another online merchant, it may have been purchased using a stolen credit card number, stolen rewards points, or other unlawful means, and then shipped directly to the consumer. These cases should be reported to both the marketplace where the item was purchased and to the merchant who sent it.
    • Consumers should be aware of potential advanced fee schemes, in which a deposit is requested in order to reserve a vacation, cruise, at-home job, fitness equipment, spa gift, or other high-demand product.
    • Puppy purchase scams are an increasingly prevalent advance-fee/online shopping scam. Fraudsters use social media or other websites to offer puppies for sale and take money but never deliver the animal. They may also ask for additional money for fictitious reasons such as veterinarian bills.
  • Social Media Scams
    • Consumers should beware of posts on social media sites that appear to offer vouchers or gift cards. Some may appear as holiday promotions or contests. Others may appear to be from known friends who have shared the link. Often, these scams lead consumers to participate in an online survey that is designed to steal personal information.
    • Consumers should not post pictures of event tickets on social media sites. Fraudsters can create a ticket using the barcode obtained from the photo and resell the ticket. Consumers should protect ticket barcodes as they would credit card numbers.
  • Charity Scams
    • Fraudulent charity scams are common during the holiday season. Perpetrators set up false charities and profit from individuals who believe they are making donations to legitimate charitable organizations.
    • Victims are apt to make end-of-year tax deductible gifts or are reminded of those less fortunate and wish to contribute to a good cause.
    • Seasonal charity scams can pose greater difficulties in monitoring because of their widespread reach, limited duration and, when done over the Internet, minimal oversight.
    • Charity scam solicitations may come through cold calls, e-mail campaigns, crowdfunding platforms—soliciting money from many people usually over the Internet—or fake social media accounts and websites. They are designed to make it easy for victims to give and feel like they’re making a difference. Perpetrators may divert some or all of the funds for their personal use, and those most in need will never see the donation.

Consumers can do the following to reduce their chances of being victimized:

  • Check credit card statements routinely. If possible, set up credit card transaction auto alerts or check balances after every online purchase. It is important to check statements after the holiday season, as many fraudulent charges can show up even several weeks later.
  • If purchasing merchandise, ensure it is from a reputable source.
  • Ensure a site is secure and reputable before providing credit card number online. Don’t trust a site just because it claims to be secure. Be cognizant of web page addresses that look similar to familiar sites but are slightly different. Ensure updated home security protocols are in place.
  • Beware of purchases or services that require payment with a gift card or through quick payment transfer sites or apps.
  • Beware of providing credit card information when requested through unsolicited e-mails.
  • Do not respond to unsolicited e-mails.
  • Do not click on links contained within an unsolicited e-mail.
  • Avoid filling out forms contained in e-mail messages that ask for personal information.
  • Be cautious of e-mails claiming to contain pictures in attached files, as the files may contain viruses. Only open attachments from known senders and scan all attachments for viruses if possible.
  • Verify requests for personal information from any business or financial institution by contacting them using the main contact information on their official website.
  • Secure credit card accounts, even rewards account, with strong passwords. Change passwords and check accounts routinely.
  • Only donate to known and trusted charities; legitimate charities do not solicit donations via money transfer services or ask for donations via gift cards.
  • Beware of organizations with copycat names similar to reputable charities; most legitimate charity websites use .org (not .com).
  • Follow the Federal Trade Commission’s tips for online charity research. (https://www.consumer.ftc.gov/features/how-donate-wisely-and-avoid-charity-scams)

Consumers who believe they are the victim of a scam should:

  • Contact their financial institution immediately upon suspecting or discovering a fraudulent transfer.
  • Ask their bank to contact the financial institution where the fraudulent transfer was sent.
  • Contact law enforcement.
  • File a complaint with the FBI’s Internet Crime Complaint Center at www.IC3.gov as quickly as possible. Provide all relevant information in the complaint.

Former Wayne County Sheriff’s Deputy Sentenced to More Than Six Years for Drug Trafficking Conspiracy and Role in Procurement Fraud Conspiracy

Source: US FBI

WILMINGTON, N.C. – Michael Kenneth Cox, age 49, was sentenced to 74 months followed by three years of supervised release, for his role in a drug trafficking conspiracy and a procurement mail and wire fraud conspiracy. On March 24, 2024, Cox, who was employed by the Wayne County Sheriff’s Office (WCSO) from 1996 until he retired as the head of the drug unit in 2018, pled guilty to one count of conspiracy to distribute and possess with intent to distribute quantities of cocaine, methamphetamine, oxycodone, and marijuana. Cox also pled guilty to one count of conspiracy to commit wire and mail fraud with his co-defendant Christopher Worth in connection with contracts his business received from WCSO. On July 24, 2024, Worth also pled guilty to one count of conspiracy to commit wire and mail fraud. Worth is scheduled to be sentenced next month. Worth joined the Wayne County Sheriff’s Office (WCSO) in 1993 and most recently served as the Major of Enforcement where he was responsible for overseeing support services and the WCSO drug unit. Worth retired from this position in 2023.

The criminal activity of Cox and Worth were uncovered as part of a larger operation investigating the trafficking of methamphetamine and other drugs in Onslow, Craven and Wayne Counties that began in 2020. To date, 41 defendants, including Cox and Worth, have been convicted. Most recently, a federal jury convicted Tamarcus Ellis on three charges of trafficking methamphetamine. The operation has also netted the seizure of 36 firearms, 16 kilograms of methamphetamine, four kilograms of heroin, ¾ of a kilogram cocaine and 450 grams fentanyl – enough for more than 225,000 potentially lethal doses.

“What started as an investigation of drug trafficking in Eastern North Carolina, led us to public corruption in law enforcement. Michael Cox and his co-defendant both took the sacred oath to uphold the law and protect the public,” said U.S. Attorney Michael Easley. “The majority of our law enforcement officers abide their promise, but these two chose a different path. Instead, they entered into a conspiracy to profit from upfitting law enforcement vehicles and Cox joined a drug trafficking conspiracy with the criminals he was supposed to investigate.”

According to court documents and other information presented in Court, while Cox was a sheriff’s deputy, he helped two drug traffickers operating in Wayne County evade charges. Cox accomplished this by, among other things, providing protection under the ruse that they were confidential informants. This allowed Cox to provide them with sensitive law enforcement information and shield them from investigations. As a result of these efforts, the Goldsboro Police Department began to view one of the drug traffickers as “untouchable” due to his relationship with Cox. In exchange, Cox used the drug traffickers to supply him with Percocet and Oxycodone that he provided to other people.

For example, in 2017, Cox observed one of his protected drug traffickers making a purchase from the target of a Drug Enforcement Administration (DEA) investigation. Rather than arrest the trafficker, he seized the drugs and reimbursed him $2,000 for the sale and gave him another $200 as a “Confidential Informant fee,” claiming it had been a planned, controlled purchase.

Cox’s support of the drug traffickers went beyond his purchase of Percocet and Oxycodone. He arranged a cocaine transaction between the two protected drug traffickers when one of them was low on supply. One trafficker indicated that Cox approached him about conducting a home invasion of a location that was thought to contain a large amount of drug proceeds.  Just ten days later, a violent home invasion occurred there.

“Tonight, Michael Kenneth Cox will have a different view of prison bars. He will be looking out from the inside of a federal cell for the next six years. Law enforcement officers are entrusted with an incredible responsibility to serve our communities and ensure justice. Anyone who tarnishes their badge for their own profit will be held accountable,” said FBI Special Agent in Charge, Robert M. DeWitt. “The FBI will root out public corruption and defend the vast majority of hard-working officers who carry out their duties honestly and honorably.”

Even after his retirement from the Wayne County Sheriff’s Office, Cox continued his efforts to protect the drug traffickers. In 2019, a confidential informant working for the Wayne County Sheriff’s Office was shot, called 911, and informed the 911 operator that he had been shot by one of Cox’s protected drug traffickers. Cox found out about the shooting and contacted investigators that same night to provide an alibi for his protected drug trafficker. Cox then assisted the drug trafficker with obtaining a defense attorney. During a subsequent federal investigation of the shooting, Cox lied about his contacts with the protected drug trafficker following the shooting. In 2021, one of the protected drug traffickers was the target of a federal wiretap investigation. After finding a GPS device on his car, he called Cox and referenced his recent trips to Cox’s home for Oxycodone deliveries. Cox immediately contacted former colleagues within the Wayne County Sheriff’s Office to ask about the tracking device and then informed the protected drug dealer that it belonged to the ATF. After learning about the federal investigation, the protected drug dealer and his conspirators took steps to thwart the investigation.

This investigation was an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launders, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief United States District Judge Richard E. Myers II. The FBI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) are investigating the case and Assistant U.S. Attorneys Dennis Duffy and Nick Hartigan are prosecuting the case.

Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:23-CR-260.

U.S. Attorney’s Office to Co-Host “United Against Hate” Event Featuring Film Screening and Panel Discussion

Source: US FBI

CHARLOTTE, N.C. –The U.S. Attorney’s Office for the Western District of North Carolina will present a film screening and panel discussion on Thursday, September 26, 2024, from 6:30 p.m. to 8:00 p.m., at First Presbyterian Church of Charlotte. The U.S. Attorney’s Office is co-hosting the event as part of the Justice Department’s “United Against Hate” Week, taking place September 23 to 27, 2024.

The event will feature the documentary Repairing the World: Stories from the Tree of Life, which documents the Pittsburgh community’s response to the 2018 Tree of Life synagogue shooting. The documentary depicts the resilience, unity, and healing efforts of the community following the deadliest anti-Semitic attack in U.S. history. Through powerful storytelling and recollections shared by survivors, family members, and the community, the film explores the impact of hate crimes and the power of diverse people coming together after a devastating tragedy.

Following the film screening, representatives from the U.S. Attorney’s Office, the FBI in Charlotte, the Charlotte Mecklenburg Police Department, the Mecklenburg County District Attorney’s Office, and the Mecklenburg Metropolitan Interfaith Network will lead a panel discussion on hate crimes and the importance of reporting hate incidents to law enforcement. The panel will also share information on what individuals and communities can do to prevent and respond to acts of hate.

“Events like this help raise awareness about the impact of hate crimes,” said Dena J. King, U.S. Attorney for the Western District of North Carolina. “By sharing stories of loss, strength, and unity, we want to educate the public but also to facilitate a meaningful dialogue about hate crimes and taking a stand against hatred in all its forms. The United Against Hate initiative is part of my Office’s core mission to protect civil rights and increase the safety and security of individuals and communities across Western North Carolina.”

The Department of Justice launched the United Against Hate initiative in 2022, in response to the rising number of hate crimes across the country. The initiative brings together law enforcement, community organizations, and the public to address hate crimes through outreach and education and build trust with those most vulnerable to acts of hate.

In the Western District of North Carolina, the U.S. Attorney’s Office continues to actively engage with local communities since the initiative’s launch. Previous efforts have included a youth summit with Charlotte-Mecklenburg Schools, meetings with faith-based communities, and discussions focused on protecting houses of worship.

“While not all hate incidents rise to the level of a hate crime, the impact and trauma they can inflict is very real. Reporting these incidents allows law enforcement and prosecutors to investigate and take appropriate action when warranted,” said U.S. Attorney King. “My Office is committed to partnering with all communities to address their concerns. I also invite members of the community to join us in our efforts to make Western North Carolina a safer and more inclusive place for all.”

Event Details:

Date:         Thursday, September 26, 2024

Time:        6:30 PM to 8:00 PM 

Location:  First Presbyterian Church of Charlotte

                   Fellowship Hall

                   200 West Trade Street

                   Charlotte, North Carolina

The event is free and open to the public. Register at https://fpc.tiny.us/repairingtheworld.

For more information about the U.S. Attorney’s Office United Against Hate initiative please visit our website.

For immediate assistance or to report a hate crime please call 9-1-1. To file a report with the FBI please call 1-800-CALL-FBI or submit a tip at tips.FBI.gov. Also report suspected civil rights violations and hate crimes to the Civil Rights Division through the Justice Department’s toll-free line at 800-253-3931 or online at www.civilrights.justice.gov.

 

Married Couple Sentenced for Laundering $1.4 Million in Proceeds From Jewelry Thefts and Unemployment Fraud During Pandemic

Source: US FBI

NEWS RELEASE SUMMARY – November 20, 2023

SAN DIEGO – Eduard Ghiocel and his wife, Floarea Ghiocel, were sentenced in federal court today to 36 months and 30 months, respectively, for laundering $1.4 million in proceeds from dozens of grand thefts, robberies and swindles targeting mostly elderly victims in San Diego County.

According to their plea agreements, the Ghiocels, along with co-conspirators Gabriel Ghiocel, Marius Ghiocel, Larisa Ghiocel, and Argentina Alexandru, conducted a series of 17 grand thefts and robberies of jewelry in elderly communities in San Diego. They then pawned the stolen jewelry and watches for cash in jewelry stores in Los Angeles.

In addition, Eduard and Floarea Ghiocel admitted submitting fraudulent unemployment claims to the California Employment Development Department (EDD) to obtain approximately $32,250 in California unemployment insurance benefits intended to help workers affected by the COVID-19 pandemic.

Eduard and Floarea Ghiocel admitted wiring proceeds from the jewelry thefts and the unemployment insurance fraud to Romania, as well as using the proceeds to purchase gold bars, gold coins, and high-end luxury vehicles from locations in Southern California and shipping these items to Romania. In total the Ghiocels sent almost $1.4 million to Romania, knowing the money was proceeds of theft, robbery, and fraud, the plea agreement said.

Eduard and Floarea Ghiocel agreed to forfeit proceeds of the crime including two Lamborghini Urus, a 2020 Ferrari Portofino, and a BMW X4 all seized by authorities in Romania. The forfeitures will be used pay restitution to victims of the crimes.

The co-conspirators remain at large.

This case is being prosecuted by Assistant U.S. Attorney Jessica Adeline Schulberg with assistance from the Department of Justice’s Office of International Affairs, FBI’s Legal Attaché in Bucharest, and Romanian authorities including the Directorate for Combating Organized Crime (DCCO) Service for Countering of Organized Criminal Groups, Brigade for Combating Organized Crime (BCCO) – Pitești, County Service for Countering Organized Crime – Teleorman, Romanian Gendarmerie Battalion, Romanian Ministry of Justice, and Romanian Criminal Investigative Directorate – Fugitive Unit.

DEFENDANT                                               Case Number 23CR0386-LAB                                

Eduard Ghiocel (1)                             Age: 48                       Romania

aka Eduard Alexandru, aka “Filica”

Floarea Ghiocel (2)                             Age: 49                       Romania

aka Floarea Alexandru          

SUMMARY OF CHARGES

Title 18 U.S.C. § 1956(h) and Title 18 U.S.C. § 1956(a)(2)(A) — Conspiracy to Transport Funds to Promote Unlawful Activity

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

AGENCY

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 Inspector General

U.S. Department of Homeland Security

Foreign National Sentenced to 40 Months Custody for $5 Million Unemployment Fraud Scheme

Source: US FBI

NEWS RELEASE SUMMARY – November 20, 2023

SAN DIEGO – Constantin Bobi Sandu, who admitted that he masterminded 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 40 months in prison.

According to his plea agreement, Sandu conspired with over 200 other individuals across California and in Romania to fraudulently obtain millions of dollars by fabricating documents, creating fictitious accounts and businesses, and filing bogus claims with California’s Economic Development Department, which administers the state’s unemployment benefits. Among other things, Sandu wired $16,000 in fraud proceeds to Romania to renovate his house.

Sandu also was ordered to forfeit $214,950 that he personally received from the offenses.

“This devious scheme diverted millions of dollars from those who truly needed it during the pandemic,” said U.S. Attorney Tara McGrath. “The public health emergency may be over, but we are still tracking, charging, and convicting the people who exploited it.”

“The FBI remains fully committed to ensuring people who intentionally stole government funds during the COVID-19 pandemic are brought to justice,” said FBI San Diego Special Agent in Charge Stacey Moy. “We continually collaborate with our law enforcement partners to thoroughly investigate all those responsible for stealing from the United States Government and its people during such a critical time in our lives, taking away valuable resources and services from those truly in need.”

“Mr. Sandu and his criminal organization committed financial crimes that hurt people here in California and stole funds intended for those in need,” said Special Agent in Charge Tyler Hatcher, IRS Criminal Investigation, Los Angeles Field Office. “IRS:CI is committed to partnerships with law enforcement organizations around the world, and we will follow the money to find the guilty and bring them to justice.”

This case was prosecuted by Assistant U.S. Attorney Jessica Adeline Schulberg.

DEFENDANT                                               Case Number 23CR0386-LAB                                

Constantin Bobi Sandu,                                  Age: 34                    Romanian national

   aka Constantin Sandu,

   aka Bobi Sandu,

   aka Ionut Mihai                     

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

AGENCY

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

Hot Springs Man Sentenced to Over Eight Years in Federal Prison for Child Pornography Offense

Source: US FBI

Hot Springs, Arkansas – David Clay Fowlkes, First Assistant United States Attorney for the Western District of Arkansas, announced today that Alejandro Aurioles, age 32, of Hot Springs, Arkansas, was sentenced today to 97 months in federal prison without the possibility of parole followed by 10 years of supervised release on one count of accessing the Internet with the intent to view child pornography.  The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.

According to court records, on October 26, 2018, detectives with the Hot Springs Police Department received a Cybertip report of child pornographic images being downloaded to a Hot Springs telephone number.  Detectives traced the phone number back to a cell phone associated with Aurioles.  On or about December 21, 2018, Aurioles was arrested on a state charge and admitted to Hot Springs detectives that he had downloaded images of child pornography using his cell phone and sold those images to others on two occasions.  During a search of his two cellular phones, thousands of child pornography images and videos of child sexual abuse were forensically recovered. 

Aurioles was indicted in March of 2019 and entered a guilty plea to a related case in September of 2019. 

This case was investigated by the Hot Springs Police Department and the FBI.  Assistant United States Attorneys Kim Harris and Ben Wulff prosecuted the case for the United States.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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 www.justice.gov/psc.

Justice Department’s Tenth Distribution Provides Over $4 Billion in Nearly Full Recovery to More Than 40,000 Victims in Madoff Ponzi Scheme

Source: US FBI

Distribution of Over $131 Million Brings Madoff Victim Recovery to Nearly 94% of Fraud Losses

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York; Brent S. Wible, the Principal Deputy Assistant Attorney General of the United States and head of the U.S. Department of Justice’s Criminal Division; and James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that the Madoff Victim Fund (“MVF”) began its tenth and final distribution to victims of the Bernard L. Madoff fraud scheme of over $131.4 million.  These funds were forfeited by the U.S. government in connection with the Bernard L. Madoff Investment Securities LLC (“BLMIS”) fraud scheme.

In this distribution, payments will be sent to more than 23,000 victims across the globe, bringing their total recoveries to 93.71% of their fraud losses. Most of these victims were small investors who lost less than $500,000 in the fraud.  Through its ten distributions, MVF has paid over $4.3 billion to 40,930 victims in 127 countries as compensation for losses they suffered from the collapse of BLMIS.

This distribution represents the culmination of a decade of work identifying thousands of victims around the world and unwinding layers of complex financial transactions to provide compensation to eligible victims.

Acting U.S. Attorney Edward Y. Kim said: “This Office has never stopped pursuing justice for victims of history’s largest Ponzi scheme.  With this tenth and final distribution, we have succeeded in compensating 40,930 victims with close to 94% of their losses.  As this extraordinary effort demonstrates, this Office and the U.S. Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section are committed to protecting and assisting victims of crime, no matter how long it takes and no matter how complicated the endeavor.”

Principal Deputy Assistant Attorney General Brent S. Wible said: “The Criminal Division, through its Money Laundering and Asset Recovery Section (“MLARS”), is proud to administer the department’s remission program to compensate victims using forfeited assets.  The unprecedented scope and complexity of the Madoff remission process shows the power of forfeiture to recover assets and to compensate victims — a primary goal of the department’s Asset Forfeiture Program.  This tenth and final distribution, led by MLARS’s dedicated victim compensation team, achieves the department’s goal of compensating victims by returning over $4 billion in forfeited assets to more than 40,000 victims of Madoff’s crimes and achieving nearly full recovery for these victims.”

FBI Assistant Director in Charge James E. Dennehy said: “Today’s distribution represents an unprecedented conclusion of victim compensation from civil forfeiture actions related to the Madoff scheme with more than $4 billion repaid to over 40,000 victims.  These victims implicitly trusted Madoff with their investments only to ultimately lose significant monies to his selfish plan.  With the steadfast support from the Justice Department, the FBI will continue its tireless seizure of assets from criminals who steal from others and seek to recover those assets for victim losses.” 

According to court documents and information presented in related proceedings, for decades, Bernard L. Madoff used his position as chairman of BLMIS, the investment advisory business he founded in 1960, to steal billions from his clients. On March 12, 2009, Madoff pleaded guilty to 11 federal felonies, admitting that he had turned his wealth management business into the world’s largest Ponzi scheme, benefitting himself, his family and select members of his inner circle.

On June 29, 2009, then-U.S. District Judge (now senior U.S. Circuit Judge), Denny Chin sentenced Madoff to serve 150 years in prison for running the largest fraudulent scheme in history. Of the over $4 billion that has been made available to victims, approximately $2.2 billion was collected as part of the historic civil forfeiture recovery from the estate of deceased Madoff investor Jeffry Picower. An additional $1.7 billion was collected as part of a deferred prosecution agreement with JPMorgan Chase Bank N.A. and civilly forfeited in a parallel action. The remaining funds were collected through a civil forfeiture action against investor Carl Shapiro and his family and from civil and criminal forfeiture actions against Bernard L. Madoff, Peter B. Madoff and their co-conspirators.

The MVF’s payouts would not have been possible without the extraordinary efforts of the U.S. Attorney’s Office for the Southern District of New York, the Criminal Division’s Money Laundering and Asset Recovery Section, and the FBI in the prosecution of Madoff’s crimes and the recovery of assets supporting the forfeiture in this case.

The MVF is overseen by Richard Breeden, former Chairman of the U.S. Securities and Exchange Commission, who serves as Special Master appointed by the Department of Justice to assist in connection with the victim remission proceedings.  Mr. Breeden and his team at MVF have been essential in working with the Department to evaluate over 66,000 remission petitions involving billions in cash flows, and to compute each victim’s fraud losses to enable payments to be made.

This case is being handled by the Office’s Illicit Finance and Money Laundering Unit.  Assistant U.S. Attorney Tara M. La Morte is in charge of the prosecution.  The remission of these forfeited funds is being handled by the Office and the U.S. Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section.

More information about MVF and its compensation to victims of BLMIS is available on the MVF website at www.madoffvictimfund.com, such as eligibility criteria, process updates, and frequently asked questions. Further questions may be directed to the MVF at 866-624-3670 or info@madoffvictimfund.com.

Former Sutter County Church Administrator Sentenced to Five Years in Prison for Fraud and Identity Theft

Source: US FBI

SACRAMENTO, Calif. — Chanell Easton, 38, of Oklahoma City, Oklahoma, was sentenced today by U.S. District Judge John A. Mendez to five years and one month in prison for a multi‑year embezzlement scheme, U.S. Attorney Phillip A. Talbert announced.

In October 2023, Easton pleaded guilty to 22 counts of wire fraud, and on March 5, 2024, and following a bench trial, she was found guilty of on two counts of aggravated identity theft.

According to court documents and evidence presented at trial, from 2013 to 2018, Easton worked as the church administrator at a church in Yuba City. During her employment, Easton stole over $360,000 from the church, including from its food pantry and youth ministry, during a years-long embezzlement scheme. Easton used credit cards associated with the church to make personal purchases — at a hair salon, retail stores, online retailers, a vacation rental service, and to buy VIP concert tickets — and then paid off the resulting balance with the church’s money. One of the credit cards Easton used during her scheme belonged to the church’s youth minister, and Easton used his identity to make thousands of dollars in unauthorized personal purchases on Zappos.com. Easton’s use of the youth minister’s identity allowed her to obscure her embezzlement and to shift suspicion away from herself, thereby allowing her fraudulent scheme to continue.

Easton also transferred money directly from the church’s bank accounts to her own personal account, paid down the balance of her own personal credit card, and paid her cellphone provider for her personal bills and for new phones. Easton also stole money from the church by writing checks to others for personal expenses and by writing checks to herself, on which she forged the signatures of the church’s treasurer or the head volunteer of the church’s food pantry.

A hearing to determine restitution was set for Nov. 19, 2024.

This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Elliot Wong prosecuted the case.

Do Kwon Extradited to the United States From Montenegro to Face Charges Relating to Fraud Resulting in $40 Billion in Losses

Source: US FBI

Kwon Engaged in Extensive Fraud, Laundered Crime Proceeds, and Sought to Cover Up His Crimes After Terraform’s Cryptocurrencies Crashed

Daniel M. Gitner, Attorney for the United States, Acting under Authority Conferred by 28 U.S.C. § 515; Merrick B. Garland, the Attorney General of the United States; and James E. Dennehy, Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that DO HYEONG KWON was extradited from Montenegro and appeared in a federal courtroom in Manhattan earlier today to face federal fraud charges. Mr. Gitner also announced the unsealing of a Superseding Indictment against KWON. As alleged, KWON, the co-founder and former chief executive officer of Terraform Labs PTE, Ltd. (“Terraform”), engaged in multiple schemes to deceive investors in order to fraudulently inflate the value of Terraform’s cryptocurrencies. KWON arrived in the United States on December 31, 2024, and made his initial appearance in the Southern District of New York before U.S. Magistrate Judge Robert W. Lehrburger.  KWON’s case is assigned to U.S. District Court Judge John P. Cronan, and will appear before Judge Cronan for an initial conference on January 8, 2025, at 10:30 a.m.

Attorney for the United States Daniel M. Gitner said: “A federal grand jury has indicted Do Kwon for misleading his investors in order to fraudulently inflate the value of Terraform’s cryptocurrencies, and laundering the proceeds of his crimes. As we allege, this fraud and the crash of Terraform’s cryptocurrencies in May 2022 erased over $40 billion in investor assets, causing devastating losses to countless investors in the United States and around the world. Kwon will now face justice in a federal courtroom in Manhattan.”

Attorney General Merrick B. Garland said: “Do Hyeong Kwon will now be held accountable in an American courtroom for, as alleged in court documents, his elaborate schemes involving Terraform’s cryptocurrencies, which resulted in over $40 billion in investor losses.  We secured this extradition despite Kwon’s alleged attempt to cover his tracks by laundering proceeds of his schemes and trying to use a fraudulent passport to travel to a country that did not have an extradition treaty with the U.S.  This extradition from Montenegro is an example of the Justice Department’s international partnerships, which enable the pursuit of criminals wherever they attempt to hide.”

FBI Assistant Director in Charge James E. Dennehy said: “Do Kwon, co-founder and former CEO of Terraform, allegedly defrauded investors by falsely advertising the company’s blockchain products as decentralized, reliable, and effective, and by engaging in market manipulation, ultimately resulting in more than $40 billion in investor losses. For at least four years, Kwon allegedly played puppet master to maintain this crafted illusion and ensnare investors. The FBI will tirelessly work to apprehend any individual who engages in fraudulent financial practices, even those who flee internationally to escape prosecution.”

As alleged in the Superseding Indictment unsealed today in Manhattan federal court:[1]

From at least in or about 2018, up to and including in or about 2022, KWON orchestrated schemes to defraud purchasers of Terraform cryptocurrencies.  Among other things, KWON made false and misleading claims regarding the stability and efficacy of Terraform’s cryptocurrency stablecoin protocol, its use of blockchain technology, and its development of functioning and reliable financial technologies.

As KWON knew, however, core Terraform products did not work as KWON had claimed. Rather, KWON manipulated Terraform products to create the illusion of a functioning, stable, and decentralized financial system. KWON’s conduct inflated the value of Terraform’s cryptocurrencies, which KWON and entities he controlled possessed in large amounts and sold to investors in exchange for billions of dollars’ worth of other assets.

KWON’s misrepresentations included the following:

  • The Stablecoin Misrepresentations: KWON made misrepresentations about the effectiveness of the system that lay at the heart of Terraform’s cryptocurrency empire, the “Terra Protocol,” which purportedly used a computer algorithm to maintain the value of Terraform’s so-called “stablecoin” pegged to the U.S. dollar, TerraUSD (“UST”), at a value of $1 for one UST. But as KWON knew, after the Terra Protocol failed to cause the restoration of UST’s $1 peg in May 2021, KWON reached an agreement with executives at a high-frequency trading firm (the “Trading Firm”) so that the Trading Firm would purchase large amounts of UST in order to artificially support UST’s $1 peg.
  • The LFG Misrepresentations: KWON made misrepresentations about the governance of the Luna Foundation Guard Ltd. (the “LFG”), which KWON claimed was managed by an independent governing body and was tasked with deploying billions of dollars’ worth of financial reserves to defend UST’s peg. But as KWON knew, he controlled both the LFG and Terraform. In addition, KWON misappropriated hundreds of millions of dollars in assets from the LFG. KWON and others acting at his direction sought to launder those misappropriated funds through transactions designed to conceal and disguise the nature, location, source, ownership, and control of the funds.
  • The Mirror Misrepresentations: KWON made misrepresentations about the success and operation of an investing platform on Terraform’s blockchain (the “Terra blockchain”) called Mirror Protocol (“Mirror”), that purportedly allowed users to create, buy, and sell synthetic versions of stocks listed on U.S. securities exchanges. KWON claimed that Mirror operated in a decentralized manner and that he and Terraform played no role in Mirror’s governance. But as KNOW knew, he and Terraform secretly maintained control over Mirror, and used automated trading bots to manipulate the prices of synthetic assets that Mirror issued. KWON also caused Terraform to inflate key user metrics to deceive investors.
  • The Chai Misrepresentations: KWON falsely claimed that the Terra blockchain was being used to process billions of dollars in financial transactions for the Korean payment-processing application Chai. In doing so, KWON claimed that the Terra blockchain had “real world” applications or uses, as distinct from competing cryptocurrency platforms. But as KWON knew, Chai processed transactions through traditional financial processing networks, not the Terra blockchain.
  • The Genesis Coin Misrepresentations: KWON made misrepresentations about the use of a supply of one billion stablecoins programmed into the Terra blockchain at its creation (the “Genesis Stablecoins”), which were purportedly held in reserve for Terraform for certain specified uses. But KWON used at least $145 million worth of Genesis Stablecoins, among other things, to fund fake Chai blockchain transactions and trading bots to manipulate the prices of synthetic assets that Mirror issued.

At its peak in the spring of 2022, the total apparent market value of all UST and another Terraform cryptocurrency, LUNA, exceeded $50 billion. Much of this growth followed KWON’s misrepresentations about Terraform and its technology, including efforts in May 2021 by KWON and his associates to secretly manipulate the market for UST. By May 2022, the UST market was approximately nine times larger in terms of market capitalization and more than eight times larger in terms of daily trading volume relative to May 2021. In May 2022, UST’s peg began to break down as it had a year prior. While KWON was able to cover up the weaknesses of the Terra Protocol in May 2021, he was not able to do so in May 2022. As a result, the value of UST and LUNA crashed and investors suffered over $40 billion in losses. After the crash of UST and LUNA in May 2022, KWON caused the distribution of a misleading “third party audit” report to cover up his crimes, and sought to launder the proceeds of his fraud through different blockchains, cryptocurrency exchanges, and a Swiss bank account.

On or about March 23, 2023, KWON was arrested in Europe for trying to use a fraudulent passport to travel to a country that did not have an extradition treaty with the U.S.

KWON was previously charged in this District in an initial Indictment on March 23, 2023.

*                *                *

KWON, 33, a citizen of the Republic of Korea, is charged with two counts of commodities fraud, each of which carries a maximum sentence of 10 years in prison; two counts of securities fraud, each of which carries a maximum sentence of 20 years in prison; two counts of wire fraud, each of which carries a maximum sentence of 20 years in prison; two counts of conspiracy to commit commodities fraud, securities fraud, and wire fraud, each of which carries a maximum sentence of five years in prison; and one count of money laundering conspiracy, which carries a maximum sentence of 20 years in prison. In aggregate, KWON faces a maximum sentence of 130 years in prison.

The 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 a judge.

Mr. Gitner praised the investigative and operational work of the FBI. He also thanked Jason Cunningham and Goran Krnaich of the Department of Justice’s Office of International Affairs, Interpol, and the Ministry of Justice, Supreme State Prosecutor’s Office, Special State Prosecutor’s Office, and Police Directorate of Montenegro for their assistance in the extradition of the defendant. Mr. Gitner further thanked the U.S. Securities and Exchange Commission, which previously filed a separate civil action against KWON, and the Commodity Futures Trading Commission.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Jared Lenow, Kimberly Ravener, and Andrew Thomas are in charge of the prosecution.
 


[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.

Three Charged with Conspiracy to Distribute Narcotics in Prison Following the Death of USP Atwater Staff

Source: US FBI

FRESNO, Calif. — An investigation into the death of a correctional officer led to the arrests of three defendants today who are charged by criminal complaint with conspiring to distribute controlled substances and introducing narcotic drugs to an inmate at the U.S. Penitentiary in Atwater, California, U.S. Attorney Phillip A. Talbert announced.

According to court documents, between July 15, 2024, and Aug. 9, 2024, Jamar Jones, 35, an inmate at USP Atwater; Stephanie Ferreira, 35, of Evansville, Indiana; and Jermen Rudd III, 37, of Wentzville, Missouri, conspired to introduce narcotics into USP Atwater for Jones to sell. As part of that scheme, Jones and Ferreira had Rudd mail a letter laced with narcotics to Jones that was fraudulently labeled as legal mail.

On Aug. 9, 2024, a correctional officer at USP Atwater opened that letter and minutes later began to feel ill. After evaluation by medical staff, he was subsequently taken to the hospital where he passed away. Another correctional officer also felt ill after coming into contact with the narcotics-laced letter but recovered.

This case is the product of an investigation by the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the Federal Bureau of Prisons, with assistance from the Drug Enforcement Administration. The U.S. Attorney’s Office for the Eastern District of California also received assistance from the U.S. Attorney’s Offices in the Eastern District of Missouri and the Southern District of Indiana. Assistant U.S. Attorney Robert Veneman-Hughes is prosecuting the case.

Following the arrests this morning, Ferreira is set to be arraigned on the complaint in the Southern District of Indiana, while Rudd will be arraigned on the complaint in the Eastern District of Missouri. Jones will appear next week in court in Fresno for his initial appearance.

If convicted of conspiracy to distribute and distribution of a controlled substance, Jones and Rudd face a maximum of 30 years in prison and a fine up to $250,000. If Jones is convicted of being an inmate obtaining or attempting to obtain narcotic drug, he faces a maximum of 20 years in prison and a fine up to $250,000. Ferreira, if convicted of conspiracy to distribute and distribution of a controlled substance, faces a maximum penalty of 20 years in prison and a fine up to $250,000. If convicted of providing or attempting to provide an inmate with a narcotic drug, Ferreira and Rudd face a maximum sentence of 20 years in prison and a fine up to $250,000. Any sentence, however, would 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. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.