Category: MIL-OSI

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Colorado Man Sentenced to Prison for Assaulting Law Enforcement During the January 6 Capitol Breach

Source: US FBI

            WASHINGTON— A Colorado man was sentenced to prison today after he previously pleaded guilty to assaulting law enforcement during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Patrick Montgomery, 51, of Littleton, Colorado, was sentenced to 37 months in prison and 36 months of supervised release by U.S. District Judge Randolph D. Moss.

            Montgomery was previously convicted of felony offenses of obstruction of an official proceeding and assaulting, resisting, or impeding certain officers. Following the Supreme Court’s decision in Fischer v. United States, the government voluntarily moved pre-sentencing to dismiss Montgomery’s conviction on obstruction of an official proceeding.

            According to court documents, on the morning of Jan. 6, 2021, Montgomery and co-defendants Brady Knowlton, and Gary Wilson met at the Yours Truly hotel in Washington, D.C., and walked to an area near the Washington Monument and the Ellipse to hear the speakers at the “Stop the Steal” rally. After the rally, the three men made their way to the West Front of the U.S. Capitol building, crossing over inside the restricted perimeter.

            At approximately 2:02 p.m., Montgomery grabbed a law enforcement officer’s baton and attempted to wrestle it away from the officer. The officer held onto the baton and fell to the ground with Montgomery. The two then attempted to wrestle control of the baton from each other while Knowlton and Wilson watched nearby. During the scuffle, Montgomery kicked the police officer in the chest.

            After this incident, the three men ascended the Upper West Terrace Stairs with a mass of individuals and approached the Upper West Terrace Door. As they approached, the exterior double doors were propped open, people were screaming, and a loud alarm sounded as people were streaming into the Capitol building. Inside the doors, signage stated, “EMERGENCY EXIT ONLY.” The three men entered the Capitol building via the Upper West Terrace Door at approximately 2:35 p.m.

            After entering the building, the three men climbed the stairs to the second floor, entered the Rotunda, and climbed the stairs to the third floor. At about 2:40 p.m., the three were walking together in the hallway on the third floor towards the Senate Gallery, at which point Knowlton stated, in substance, “We have a right to choose our electors. We’re not going to have communist China choose them for us. We’re not going to have the Democratic Party choose them for us.” Court documents say that Montgomery and Wilson were a few feet away from Knowlton when he made this statement.

            At approximately 2:43 p.m., the three men entered the Senate Gallery, where they saw another rioter jump down to the Senate Floor.

            The three men left the Senate Gallery and proceeded to the second floor to an area near the Senate Floor, where they confronted a U.S. Capitol Police officer. Knowlton yelled at the officer: “This is not about us. This is bigger than me, it’s bigger than you. It’s about this – everyone’s right to self-government . . . We’re with you guys. You think these people in this building would fight for you?” Montgomery yelled: “You gotta stop doing your job sometime and start being American. You gotta quit doing your job and be an American!” Wilson yelled: “We came all the way from our job to do your job, and the freaking Senators’ job!”

            After this confrontation, the defendants exited the Capitol building at approximately 2:53 p.m.

            The FBI arrested Montgomery on Jan. 17, 2021, in Colorado.

            Co-defendant Brady Knowlton is awaiting sentencing, and Gary Wilson was previously sentenced to 30 days incarceration followed by 12 months supervised release for his role in the events of the day.

            The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting this case. The U.S. Attorney’s Offices for the District of Colorado and Utah provided valuable assistance.

            The FBI’s Denver and Washington Field Offices investigated this case. The FBI listed Montgomery as BOLO (Be on the Lookout) #459 in its seeking information photographs. The U.S. Capitol Police and the Metropolitan Police Department provided valuable assistance.

            In the 45 months since Jan. 6, 2021, more than 1,532 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 571 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

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Fort Washakie Man Sentenced for Murder in the Second Degree

Source: US FBI

Ezekiel Frank James Ute, 23, of Fort Washakie, Wyoming, was sentenced to 192 months’ imprisonment with five years of supervised release for second degree murder. U.S. District Court Judge Kelly H. Rankin imposed the sentence on Oct. 31.

According to court documents, on Jan. 2, 2024, a group of five people, including Ezekiel Ute, were drinking alcohol and driving around the Wind River Indian Reservation when Ute began driving recklessly and saying he was going to intentionally wreck the car. When Ute stopped the car, one of the passengers (P1) got out and refused to get back in. The victim also got out to coax P1 back into the car. As they argued, Ute got out and stabbed the victim multiple times.

After the stabbing, Ute forced P1 back into the car then drove away, leaving the victim by the side of the road. The passengers urged Ute to turn around so they could help the victim. Ute eventually drove back, but as soon as P1 and another passenger (P2) got out of the car Ute sped off with the remaining passenger in the back seat. Despite P1 and P2’s attempts to save the victim, he died from his injuries the following morning. In addition to the passengers’ statements, Ute acknowledged during an interview that he may have stabbed the victim while under the influence of alcohol.

Ute was arrested on Jan. 4, indicted on March 13, and pleaded guilty on July 15. This crime was investigated by the FBI and the Bureau of Indian Affairs Wind River Police Department. The case was prosecuted by Assistant U.S. Attorney Timothy W. Gist.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. PSN is based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information, please visit Justice.gov/PSN.

Case No. 24-CR-00040

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Return to Nature Funeral Home Owners Plead Guilty in Federal Court

Source: US FBI

DENVER – The United States Attorney’s Office for the District of Colorado announces that Jon Hallford, 44, and Carie Hallford, 47, pleaded guilty today to one count each of conspiracy to commit wire fraud.

According to the plea agreements for each, the Hallfords were the co-owners of Return to Nature Funeral Home, which operated both in the Colorado Springs area and in Penrose, Colorado. In October 2023, residents in the Penrose area reported a foul odor emanating from the Return to Nature facility. After obtaining a search warrant, FBI, CBI, and local law enforcement investigators found the remains of approximately 190 deceased persons inside the building in various states of decomposition.  Some of the remains discovered had dates of death as far back as 2019.  As part of their fraud scheme, the Hallfords misled customers of the funeral home into believing that the remains of their loved ones would be buried or cremated per their wishes and the terms of the parties’ contracts.

As part of their plea agreements, the Hallfords also admitted that they conspired together to defraud the U.S. Small Business Administration of over $800,000 in COVID-19 pandemic relief funds, which they obtained under the government’s Economic Injury Disaster Loan program.

Sentencing will be held at a later date. Each defendant faces up to twenty years in federal prison.

United States District Court Judge Nina Y. Wang presided over the hearing. The FBI Denver Field Office and The United States Small Business Administration Office of Inspector General investigated the case.  Several other state and local law enforcement agencies including the Colorado Bureau of Investigation, the Colorado Springs Police Department, the El Paso County Coroner’s Office, the Fremont County Sheriff’s Office, and the Fremont County Coroner’s Office have made significant contributions to this case. The prosecution was handled by Assistant United States Attorneys Tim Neff and Craig Fansler.

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CEO of East Bay-Based Internet Companies Sentenced to More Than Seven Years in Prison for Committing Wire Fraud

Source: US FBI

Alan Anderson Sentenced In Connection With Scheme To Raise Money By Creating False Impression of Profitability and Viability for Companies Marketing Child-Friendly Services

SAN FRANCISCO – Alan Anderson was sentenced today to 88 months in prison and ordered to pay restitution for defrauding investors by lying to them about the profitability of his internet companies, announced United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation (FBI) Special Agent in Charge Robert K. Tripp. Anderson’s sentence was imposed by the Honorable Edward M. Chen, U.S. District Judge.

Anderson, 61, of Walnut Creek, pleaded guilty on Jan. 4, 2024, to two counts of wire fraud.  In connection with pleading guilty, Anderson admitted that from Apr. 22, 2010, through May 2018, he was the majority shareholder and CEO of three companies: Imbee.com, a Delaware corporation based in Walnut Creek marketed as a child-friendly social media platform; Fanlala, a California corporation marketed as a service providing internet-based music streaming for children; and Fruit Punch, a California corporation marketed as providing music-streaming service for children.  Anderson further admitted that he falsely claimed that the companies were either being acquired or were expanding existing partnerships or contracts with large, well-established companies to induce individuals to invest in his businesses.  To further his falsehoods, and to create an appearance of legitimacy for his false claims, Anderson created false contracts, purchase orders, and other documentation that he sent to investors.  Anderson created and sent these false documents to investors with the intent to deceive or cheat them.

At sentencing, Judge Chen found that Anderson began lying to investors in September 2011, that his long-running fraud spanned years, and that over the course of the scheme Anderson defrauded investors out of approximately $8.825 million.

A federal grand jury indicted Anderson on October 13, 2021, charging him with four counts of wire fraud and one count of securities fraud.

In addition to the prison term, Judge Chen also sentenced the defendant to a three-year period of supervised release and ordered that he pay restitution in an amount to be determined during a further hearing on October 10, 2024.  The defendant will begin serving the prison term on January 6, 2025.

Assistant U.S. Attorneys Christiaan Highsmith and Sailaja Paidipaty are prosecuting the case with the assistance of Mark DiCenzo.  The prosecution is the result of a multi-year investigation by the FBI.
 

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San Francisco Resident Sentenced to One Year in Prison for Stealing More Than $340,000 in Funds Intended for Low-Income Families

Source: US FBI

SAN FRANCISCO – Gregory Finkelson was sentenced to one year in prison for theft of government property in connection with his fraudulent receipt of hundreds of thousands of dollars in low-income housing benefits, announced United States Attorney Ismail J. Ramsey; Federal Bureau of Investigation (FBI) Special Agent in Charge Robert K. Tripp; U.S. Department of Housing and Urban Development (HUD) Office of the Inspector General (OIG) Special Agent in Charge Mark Kaminsky; and IRS Criminal Investigation (IRS-CI) Special Agent in Charge Michael Mosley of the Oakland Field Office. Finkelson’s sentence was imposed by the Honorable James Donato, United States District Judge, on September 9, 2023.

The Section 8 Certificate Program is a rent subsidy program funded by HUD and administered in San Francisco by the San Francisco Housing Authority (SFHA). The program is intended to help low- and moderate-income families afford housing, and it has income limits and other eligibility requirements that applicants must meet to qualify for assistance.

In his plea agreement, Finkelson, 64, admitted that, between approximately August 2006 and February 2020, he wrongfully claimed $341,455 in Section 8 Program subsidies by falsely reporting that he did not own his San Francisco residence, which he bought using a straw purchaser, and that he was merely an employee of a company that he in fact owned and operated out of his residence. Specifically, Finkelson admitted that he used the name of a Russian national living in Russia to purchase his San Francisco home, claiming, wrongfully, that she was his landlord and that he made rent payments to her. Finkelson also admitted he opened several bank accounts, including in the Russian national’s name, and that he used these bank accounts to conceal his use of the ill-gotten Section 8 Program subsidies. He then used the funds he fraudulently obtained to benefit himself, including by funding his business, paying his credit card bills, and making payments on a timeshare in Hawaii. His residence is now worth $2.4 million.

In a memorandum filed for the sentencing, the government noted that Finkelson continued his fraudulent conduct even after SFHA acted to terminate his Section 8 subsidies. Because of his conduct, the government argued, Finkelson deprived low-income families actually in need of housing over the entire period of his scheme. According to the government, Finkelson’s actions damaged public trust in the government’s role as a fiduciary for taxpayer dollars.

Finkelson was indicted by a federal grand jury on July 25, 2023. He pleaded guilty on May 7, 2024, to theft of government property and aiding and abetting, in violation of 18 U.S.C. §§ 641 and 2.

In addition to the one-year term of imprisonment, Judge Donato further sentenced Finkelson to a three-year period of supervision following his release from prison and ordered Finkelson to pay $341,455 in restitution, which represents the total amount he admitted he stole from the government. Finkelson was ordered to surrender into custody on September 16, 2024.

Assistant United States Attorneys Christiaan Highsmith and Kevin Yeh are prosecuting the case with the assistance of Claudia Hyslop. The prosecution is the result of a joint investigation by the FBI, HUD OIG, and IRS-CI, with assistance from SFHA.
 

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San Francisco Tow Company Operator Charged in Second Insurance Fraud Case

Source: US FBI

Jose Badillo and His Co-Defendants Are Accused of Submitting Fraudulent Auto Insurance Claims Regarding Multiple Vehicles

SAN FRANCISCO – Jose Vicente Badillo, Kirill Afanasyev, Jason Naraja, and Jaime Respicio have been charged in an indictment with various crimes related to two schemes to defraud auto insurance companies, announced United States Attorney Ismail J. Ramsey; FBI Special Agent in Charge Robert K. Tripp; and IRS Criminal Investigation (IRS-CI) Acting Special Agent in Charge Michael Mosley of the Oakland Field Office. The case has been assigned to the Hon. James Donato, United States District Judge.

According to an indictment returned by a federal grand jury on August 20, 2024, Afanasyev, 36, Badillo, 28, both of San Francisco, and Respicio, 38, of Pleasant Hill, California, conspired to defraud an auto insurance company by submitting a fraudulent insurance claim on a wrecked car that Afanasyev purchased in May 2019. The Indictment alleges that, when Afanasyev bought the car, it was undrivable, with significant front-end damage. Nevertheless, the Indictment says, Respicio obtained an insurance policy on, and later took title to, the car before Afanasyev, posing as Respicio, falsely reported to the insurance company in August 2019 that Respicio had been in a single-car accident in it in San Francisco. The Indictment further alleges that Afanasyev made materially false statements and misrepresentations to the insurance company, after which the insurance company processed and approved the claim and sent Respicio an insurance reimbursement check for $47,856.34. The Indictment alleges that Badillo participated in this scheme to defraud by agreeing to falsely document that his towing company had towed the wrecked car from the purported accident location.

The Indictment alleges that Afanasyev, Badillo, and Naraja, 37, of Hayward, California, engaged in a second conspiracy and scheme to defraud another insurance company by submitting a fraudulent insurance claim regarding an accident involving multiple vehicles that had been staged by Badillo in San Mateo County. Specifically, the Indictment alleges that Badillo and Afanasyev planned the staged accident in which Badillo loaded a vehicle carrier with four vehicles (several of which were inoperable or had pre-existing damage) and purposefully drove them off the road on Guadalupe Canyon Parkway in San Mateo County in August 2019. The Indictment alleges that, after Badillo reported this “accident” to his insurance company, Badillo, Afanasyev, Naraja, and another individual all made false or misleading statements to an insurance company representative. The Indictment alleges that the insurance company ultimately denied Badillo’s claim as fraudulent but nevertheless paid one of Badillo’s towing companies $5,210 for its recovery, towing, and storage of vehicles involved in the staged accident.

The Indictment also alleges that, at the time of the offenses in 2019, Badillo owned and/or controlled at least two companies engaged in the business of towing vehicles: Jose’s Towing, LLC, and Auto Towing, LLC, both of which operated out of San Francisco.

In the first conspiracy and scheme to defraud, Afanasyev, Badillo, and Respicio are charged with one count each of (i) conspiracy to commit mail fraud and wire fraud, in violation of 18 U.S.C. § 1349; (ii) mail fraud, in violation of 18 U.S.C. §§ 1341 and 2; and (iii) wire fraud, in violation of 18 U.S.C. §§ 1343 and 2. Afanasyev and Respicio are also charged with one count of money laundering, in violation of 18 U.S.C. §§ 1957 and 2.

In the second conspiracy and scheme to defraud, Afanasyev, Badillo, and Naraja are charged with (i) one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; and (ii) four counts of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2.

Naraja and Respicio were arrested in Hayward and Pleasant Hill, respectively, on August 27, 2024, and released on $50,000 bonds at their initial appearances on August 28, 2024. Naraja is next scheduled to appear in court on August 29, 2024, at 10:30 a.m., before the Hon. Lisa J. Cisneros for arraignment and identification of counsel. Respicio is next scheduled to appear in court on September 5, 2024, at 10:30 a.m., before the Hon. Alex G. Tse for arraignment and identification of counsel. Badillo was previously arrested and made his initial appearance in another insurance fraud case on August 8, 2024. He is scheduled to appear before the Hon. Lisa J. Cisneros for arraignment and identification of counsel in both cases on August 30, 2024, at 10:30 a.m. Afanasyev’s initial appearance and arraignment has been scheduled for September 9, 2024, at 10:30 a.m. before the Hon. Alex G. Tse.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Afanasyev, Badillo, and Respicio each face a maximum sentence of 20 years in prison, and a fine of $250,000 or twice the gross gain or loss, whichever is greater, plus restitution, if appropriate, on each of Counts 1 through 3, which charge mail fraud, wire fraud, and conspiracy to commit the same, in violation of 18 U.S.C. §§ 1341, 1343, 1349, and 2. Afanasyev and Respicio face a maximum sentence of 10 years in prison, and a fine of $250,000 or twice the amount of criminally derived property involved in the transaction, whichever is greater, plus restitution, if appropriate, on Count 4, which charges money laundering, in violation of 18 U.S.C. §§ 1957 and 2. Similarly, Afanasyev, Badillo, and Naraja each face a maximum sentence of 20 years in prison, and a fine of $250,000 or twice the gross gain or loss, whichever is greater, plus restitution, if appropriate, on each of Counts 5 through 9, which charge wire fraud and conspiracy to commit the same, in violation of 18 U.S.C. §§ 1343, 1349, and 2. The court also may order an additional term of supervised release to begin after any prison term as part of the sentence for any or all of the defendants. However, any sentence following conviction would 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.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, 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.

Assistant U.S. Attorneys Kyle F. Waldinger and Galen A. Phillips are prosecuting the case with the assistance of Amala James and Carolyn Jusay Caparas. The prosecution is the result of a lengthy investigation by the FBI and IRS-CI. The U.S. Attorney’s Office, the FBI, and IRS-CI appreciate the assistance and support of the San Francisco Police Department in this insurance fraud investigation.
 

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San Jose Man Sentenced to Nearly Three Years for Defrauding Investors of $4.7 Million

Source: US FBI

Joon Woo Kim Started An Investment Fund Focused On Publicly Traded Electric Vehicle Companies But Secretly Diverted Investors’ Funds To His Failing Private Business And Lost Millions

SAN FRANCISCO – Joon Woo Kim was sentenced today to 33-months in prison for two fraud schemes – the first, a scheme to mislead investors to contribute millions to an electric vehicle investment fund he formed in San Francisco, and the second, a scheme to obtain multi-million dollar business loans by lying to a bank – announced United States Attorney Ismail J. Ramsey and FBI Special Agent in Charge Robert K. Tripp.  The sentence was handed down by United States District Judge James Donato.

On March 4, 2024, Kim, 58, of San Jose, Calif., pleaded guilty to two fraud charges against him, one count of committing wire fraud and the other for making false statements to a bank to obtain a loan.  The first fraud scheme occurred from June 2015 through March 2022 and involved creating and running an investment fund that Kim named the M5 Doctors Fund.  Kim admitted in his plea agreement that he ran the M5 Doctors Fund, along with a separate management entity M5 Management, with the intent to deceive investors.  Kim represented to investors that he would invest the funds of the M5 Doctors Fund in securities of electric vehicle companies, including Tesla, and would always invest only in publicly traded securities.  Instead, Kim transferred nearly all the millions invested by investors in the M5 Doctors Fund into a failing private company called CKR Enterprise, Inc. (CKR).  CKR was a wholesale food distribution company operated by Kim and his wife and owned by them, among others.

Kim defrauded investors out of $4,690,000 due to his transfer of the M5 Doctors Fund assets to CKR.  While this was occurring, Kim continued to mislead investors by sending quarterly reports to them suggesting their money was invested in public securities such as Tesla.

Kim engaged in a second fraud scheme in which he defrauded Hanmi Bank by applying for two loans for CKR, a $1,300,000 line of credit and a $3,200,000 business loan.  Kim admitted the bank loan application contained materially false and fraudulent representations.  Based on those representations, Kim obtained the proceeds of these loans.

In a memorandum filed for the sentencing hearing, the government argued that Kim gained the trust of his investors due to his impressive profile, which included multiple Ivy League degrees and extensive investment experience.  Many M5 Doctors Fund investors were non-profit institutions that could invest only in public securities and would not have invested with Kim if they knew the truth, that is, that Kim transferred their money to a private company owned by Kim and his wife.  The government pointed out that while Kim drained this fund, he continued to deceive his investors into believing the fund still had money that it no longer had.

A federal grand jury charged Kim on June 27, 2023, with multiple counts of wire fraud, bank fraud, and making a false statement to a bank.  In his plea agreement, Kim pleaded guilty to one count of wire fraud, in violation of 18 U.S.C. § 1343, and one count of making a false statement to a bank, in violation of 18 U.S.C. § 1014.

In addition to the 33-month term of imprisonment, U.S. District Judge James Donato sentenced the defendant to a three-year period of supervision following his release from prison and ordered Kim to pay more than $4.7 million in restitution to his victims.  Kim was ordered as one condition of his supervised release to make at least three 30-minute presentations to university MBA classes to inform students about the consequences of engaging in fraudulent business practices and behaviors.

Kim was ordered to surrender into custody on September 3, 2024.

Chris Highsmith is the Assistant U.S. Attorney prosecuting the case, with the assistance of Tina Rosenbaum and Aarian Beti and Victim Specialist Alicia Guevara.  The prosecution is the result of an investigation by the FBI.
 

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San Francisco Tow Company Operator Charged with Insurance Fraud and Money Laundering

Source: US FBI

Jose Badillo and a Co-Defendant Are Accused of Submitting a Fraudulent Auto Insurance Claim and Pocketing the Proceeds

SAN FRANCISCO – Jose Vicente Badillo and Jessica Elizabeth Najarro appeared in federal court today to face mail fraud, wire fraud, and money laundering charges related to a scheme to defraud an auto insurance company, announced United States Attorney Ismail J. Ramsey; FBI Special Agent in Charge Robert K. Tripp; and IRS Criminal Investigation (CI) Acting Special Agent in Charge Michael Mosley of the Oakland Field Office. The case has been assigned to the Hon. Rita F. Lin, United States District Judge.

According to an indictment returned by a federal grand jury on July 9, 2024, Badillo, 28, and Najarro, 30, both of San Francisco, conspired to defraud an insurance company by submitting a fraudulent insurance claim on a wrecked car that Badillo purchased in June 2019. The indictment alleges that, when Badillo bought the car, it was undrivable, with severe front-end damage and a non-functioning engine. Nevertheless, the indictment says, Najarro obtained an insurance policy on, and later took title to, the car before falsely reporting to the insurance company in July 2019 that she had been in a single-car accident in it in San Francisco. The indictment further alleges that Najarro spoke with, and made materially false statements and misrepresentations to, an insurance representative in another state, after which the insurance company processed and approved her claim and sent her an insurance reimbursement check for $34,037.48. The indictment alleges that the full amount of the insurance reimbursement check was deposited a few days later into a Wells Fargo Bank account controlled by Badillo.

The indictment also alleges that, at the time of the offenses in 2019, Badillo owned and/or controlled at least two companies engaged in the business of towing vehicles: Jose’s Towing, LLC, and Auto Towing, LLC, both of which operated out of San Francisco.

Both defendants are charged with one count each of (i) conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. § 1349; (ii) mail fraud, in violation of 18 U.S.C. §§ 1341 and 2; (iii) wire fraud, in violation of 18 U.S.C. §§ 1343 and 2; and (iv) money laundering, in violation of 18 U.S.C. §§ 1957 and 2.

Badillo and Najarro were arrested in San Francisco on August 8, 2024, and released on a $50,000 bond at their initial appearances later that day. Both defendants are next scheduled to appear in court on August 12, 2024, at 10:30 a.m., before the Hon. Lisa J. Cisneros for arraignment and identification of counsel.

An indictment merely alleges that crimes have been committed, and both defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Badillo and Najarro each face a maximum sentence of 20 years in prison, and a fine of $250,000 or twice the gross gain or loss, whichever is greater, plus restitution, if appropriate, on each of Counts 1 through 3, which charge mail fraud, wire fraud, and conspiracy to commit the same, in violation of 18 U.S.C. §§ 1341, 1343, 1349, and 2. They face a maximum sentence of 10 years in prison, and a fine of $250,000 or twice the amount of criminally derived property involved in the transaction, whichever is greater, plus restitution, if appropriate, on Count 4, which charges money laundering, in violation of 18 U.S.C. §§ 1957 and 2. The court also may order an additional term of supervised release to begin after any prison term as part of the sentence for either or both defendants. However, any sentence following conviction would 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.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, 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.

Assistant U.S. Attorneys Kyle F. Waldinger and Galen A. Phillips are prosecuting the case with the assistance of Amala James and Carolyn Jusay Caparas. The prosecution is the result of a lengthy investigation by the FBI and IRS CI.
 

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Husband and Wife Plead Guilty to $5 Million Unemployment Fraud Scheme

Source: US FBI

NEWS RELEASE SUMMARY – February 15, 2024

SAN DIEGO –Eduard Buse and Florentina Sima pleaded guilty in federal court today to fraud and money laundering charges, admitting they participated in a scheme to steal more than $5 million in California unemployment benefits intended to help workers affected by the pandemic.

Buse and Sima were indicted by a federal grand jury in October 2023 along with 12 others. The indictment alleged that the fraud scheme involved helping hundreds of undeserving applicants apply for benefits using fraudulent documents. In their respective plea agreements, Buse and Sima admitted the fraud resulted in almost $5.2 million in bogus claims paid by the state of California.

“These covid relief funds were meant to provide critical financial relief during the pandemic. Instead, the money was used to buy luxury cars and jewelry,” said U.S. Attorney Tara McGrath. “We will not only continue to prosecute those who diverted money intended to serve as a lifeline, but we will pursue every avenue to recover and return that money to public use.”

“The Covid-19 pandemic placed an enormous financial strain on millions of Americans; however, some individuals decided to use other people’s pain as an opportunity for financial gain,” said FBI San Diego Special Agent in Charge Stacey Moy. “Our pursuit of justice for those affected by fraud during the pandemic will not stop until each and every person who took advantage of individuals during this critical time is prosecuted for defrauding the U.S. government and innocent people.”

“The defendants’ abuse of programs designed to help people in need during and in the wake of the Covid pandemic is particularly despicable,” said Special Agent in Charge Tyler Hatcher, IRS Criminal Investigation, Los Angeles Field Office. “Even worse, they took money intended to help people keep their heads above water and showered themselves with luxury items. IRS Criminal Investigation is committed to rooting out this sort of evil by following the money to bring people like these defendants to justice.”

According to Buse’s plea agreement, he not only collected $28,350 in undue EDD benefits for himself but also facilitated payouts of $244,050 to 14 co-conspirators, including Sima. Buse then sent $128,902.99 and Sima sent $58,881.53 of fraud proceeds to their associates in Romania through money service businesses.

Buse admitted that he purchased a 2020 BMW X6 for $105,044 in Glendale, California, with proceeds from the fraud and shipped it from San Diego to Romania on April 28, 2023.

On November 13, 2023, Romanian authorities served search warrants on addresses affiliated with Buse at the request of the United States. They seized the BMW with California license plates along with approximately $9,476.50 in U.S. currency; a Rolex Yacht Master II and a rose gold luxury men’s watch purchased for $15,550 U.S. dollars; a Rolex Sky Dweller watch; a Breitling 1884 men’s watch; and a Rolex Oyster Perpetual Date women’s watch.

As part of their plea agreements, Buse and Sima agreed to forfeit the BMW, cash and luxury watches, along with all other property seized in connection with the case.

Buse also agreed to forfeit $128,902.99 and agreed to pay restitution in the amount of $244,050 to the State of California Employment Development Department. Sima agreed to forfeit $58,881.53 and pay the same amount in restitution to the State of California Employment Development Department.

Buse and Sima are scheduled to be sentenced on May 20, 2024, at 9 a.m. before U.S. District Judge Larry A. Burns. This case is being prosecuted by Assistant U.S. Attorneys Jessica Adeline Schulberg and Valerie Chu.

DEFENDANTS                                             Case Number 23CR2090-LAB                                

Eduard Buse                                                    Age: 30                                   Transient, Romanian

Florentina Sima                                              Age: 29                                   Transient, Romanian

SUMMARY OF CHARGES

Title 18, U.S.C. § 1349 — Conspiracy to Commit Wire Fraud

Title 18, U.S.C. § 1343 — Wire Fraud

Maximum penalty: Thirty years in prison, $1 million fine

Title 18 U.S.C. § 1956(a)(2)(B)(i) — Laundering of 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

AGENCY

Federal Bureau of Investigation

San Diego Police Department Economic Crimes Unit

IRS Criminal Investigation

California Employment Development Department Investigative Division

U.S. Department of Labor Office of Inspector General

U.S. Department of Homeland Security

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

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FBI San Diego Warns of Romance Scams

Source: US FBI

SAN DIEGO—Scammers are targeting victims using online dating sites. A whirlwind online romance can turn into fraud that causes victims to lose large amounts of money. Romance scams, a type of confidence fraud, begin when an individual believes they are in a romantic relationship and is tricked into sending money, personal information, financial information, or items of value to the perpetrator. They may also be deceived into laundering money or other valuable items to assist the perpetrator.

In a romance scam, the scammers target and take advantage of people looking for companionship or romantic partners and con them out of their money. The criminals who carry out romance scams typically target victims via social media messaging and emails with the intention of establishing a relationship and building trust as quickly as possible.

Confidence fraud/romance scams have resulted in one of the highest amounts of financial losses when compared to other Internet-facilitated crimes. The FBI’s Internet Crime Complaint Center (IC3) received more than 19,000 complaints about confidence fraud in 2022, with reported losses of nearly $740 million.

FBI San Diego is monitoring a trend where romance scams turn into crypto investment fraud schemes. The scam starts similarly as an online relationship, but instead of asking for cash, the scammer convinces the victim to invest in cryptocurrency. To demonstrate the returns on investment, victims are directed to websites that appear authentic but are instead controlled by the scammer. Once the victim makes a purchase, they are unable to cash out their investments and the scammer disappears.

If you develop a relationship with someone you meet online, FBI San Diego suggests the following tips to avoid becoming a victim of a romance scam:

  • If it doesn’t feel right, then it probably isn’t. Trust your instincts.
  • If you suspect an online relationship is a scam, stop all contact immediately.
  • Do not give any personal information or money to anyone you have only communicated with by telephone or online.
  • Be careful what you post online. Scammers can use details shared on social media platforms and dating sites to legitimize their story.
  • If you are planning to meet someone in person you have met online, proceed with caution, especially if you plan to travel to a foreign country. Review the State Department’s travel advisories before arranging travel. (travel.state.gov)

Anyone who believes they’ve been a victim of fraud or knows someone who may be a victim should file a report on ic3.gov or call the FBI San Diego Field Office at (858) 320-1800. For more information on romance scams, visit www.fbi.gov/romancescams.