Texas Man Sentenced to 72 Months for Conspiring with Michael Mann to Defraud Lenders

Source: US FBI

ALBANY, NEW YORK – Derek R. Schwartz, age 55, of Coppell, Texas, was sentenced today to 72 months in prison for conspiring with former ValueWise CEO Michael T. Mann to defraud companies that loaned millions of dollars to ValueWise subsidiaries. 

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), made the announcement.

Schwartz pled guilty in September 2023 to one count of conspiring to commit wire fraud and four counts of wire fraud.  He admitted to helping Mann fraudulently obtain millions of dollars in loans from financing companies.

Mann obtained millions of dollars in loans from two financing companies, located in New York and Colorado, by falsifying his companies’ receivables.  Mann falsely told the financing companies that Minnesota-based UnitedHealth Group Incorporated (“UHG”) and its subsidiary OptumInsight Inc. (“Optum”), owed millions of dollars to his Clifton Park-based companies.  Mann routinely created fake invoices reflecting the fictitious debt and assigned them to the financing companies as collateral for loans.

Schwartz was a high-level executive at Optum, and then began working for ValueWise in October 2013.  Until about August 2016, he operated TrueHR, LLC, a ValueWise subsidiary based in Dallas, Texas.

Schwartz admitted that in October 2013, he and Mann asked Luke Steiner, a UHG/Optum employee whom Schwartz used to supervise, to represent to the financing companies that the fake invoices created by Mann were valid and payable by Optum.  With Schwartz’s encouragement, Steiner regularly made these false verifications for six years, ending in August 2019.

Schwartz also admitted he took these other actions in furtherance of the fraudulent scheme:

  • In 2014 and 2015, he asked two other UHG/Optum employees to verify false invoices that Mann submitted to one of the financing companies, identified in court papers as “Financing Company-1.”  He instructed these employees to respond to Financing Company-1’s inquiries in the same manner as Steiner.
  • From 2014 through 2018, Schwartz lied directly to one of Mann’s lenders, “Financing Company-2.”  Mann falsely represented to Financing Company-2 that one of his companies, Weitz & Associates, needed loans in order to pay its vendors.  As part of its due diligence process, Financing Company-2 verified, with Weitz’ purported vendors, that they were receiving payments from Weitz.  One such purported vendor was TrueHR, a ValueWise company operated by Schwartz.  In fact, TrueHR was not a Weitz vendor, and Schwartz regularly lied to Financing Company-2 about TrueHR receiving payments from Weitz – and continued to do so even after TrueHR ceased to exist as a company.

Senior United States District Judge Lawrence E. Kahn also ordered Schwartz to serve 3 years of post-imprisonment supervised release and to pay a total of $12,968,505.20 in restitution to Financing Company-1 and Financing Company-2; Judge Kahn ordered Schwartz to pay $2,000 in restitution per month, including while incarcerated. In addition, Schwartz has already made a $1 million restitution payment to the Court for distribution to his victims.

Mann, formerly of Saratoga County, New York, pled guilty to various crimes in connection with his fraudulent scheme, and was sentenced in August 2021 to 144 months in prison.  Steiner pled guilty in February 2020 to conspiring with Mann and was sentenced to probation.

The FBI investigated this case, and Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck prosecuted this case.

Rutland Man Sentenced to 27 Months for Distribution of Cocaine Base

Source: US FBI

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on August 20, 2024, Bradley Saldi, 44, of Rutland, Vermont, was sentenced by Chief United States District Judge Christina Reiss to a term of 27 months’ imprisonment to be followed by a 3-year term of supervised release. Saldi previously pleaded guilty to distributing cocaine base.
  
According to court records, between May 15, 2023, and June 14, 2023, Saldi made four sales of controlled substances, cocaine base or fentanyl, to a confidential informant at the Highlander Motel in Rutland, Vermont, where Saldi was employed as a handyman.  Prior to these controlled purchases from Saldi, court records indicate that Saldi was involved in the drug trafficking activities of Jose Maldonado and Edgar Correa, who were previously convicted and sentenced in the District of Vermont for their illegal activities.  Saldi also participated with Maldonado and Correa in the assault of an individual related to a presumed drug debt.
  
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Vermont State Police Drug Task Force, Federal Bureau of Investigation, Homeland Security Investigations, and Rutland City Police Department.

The case was prosecuted by Assistant U.S. Attorneys Jonathan Ophardt and Jason Turner. Saldi was represented by Mark Oettinger, Esq.

Former State Employee Sentenced to 20 Months for Pandemic Unemployment Insurance Fraud Scheme

Source: US FBI

ALBANY, NEW YORK – Carl J. DiVeglia III, age 36, of Albany, was sentenced today to 20 months in prison for engaging in a fraudulent scheme to obtain more than $1.6 million in unemployment insurance benefits by abusing his position with the New York State Department of Labor (NYSDOL).

The announcement was made by United States Attorney Carla B. Freedman; Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Jonathan Mellone, Special Agent in Charge, Northeast Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG).

As part of his previously entered guilty plea to conspiracy to commit mail fraud, DiVeglia admitted that he and another former NYSDOL employee, Wendell Giles, abused their state computer access to create and approve false unemployment insurance applications in 2020 and 2021, including applications for the federal Pandemic Unemployment Assistance (PUA) program.  DiVeglia admitted responsibility for over $1.6 million in losses to NYSDOL and to personally receiving approximately $225,000 in fraud proceeds.

United States District Judge Glenn T. Suddaby also imposed a 2-year term of supervised release, to begin after DiVeglia is released from prison.  Judge Suddaby also ordered DiVeglia to pay $1,662,819 in restitution to the State of New York and to forfeit a $225,000 money judgment to the United States.

Giles was previously sentenced to 36 months’ imprisonment for his role in the scheme.  Four related defendants—Todd Ward, a/k/a “Fats,” age 45, of Troy, New York; Christopher Ward, a/k/a “Reek,” age 46, of Troy; Rocco Resciniti a/k/a “Rock,” age 50, of Albany; and Jamaine Myers, age 46, of Troy—have also pled guilty to fraud charges for their involvement in DiVeglia’s scheme.  Resciniti was sentenced to three years of probation on July 31, 2024, and the remaining defendants are scheduled to be sentenced in the fall.      

The FBI and USDOL-OIG investigated these cases, with assistance from the NYSDOL Office of Special Investigations. Assistant U.S. Attorneys Joshua R. Rosenthal and Joseph S. Hartunian are prosecuting the cases.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

St. Lawrence County Man Sentenced for Sexual Exploitation of a Child

Source: US FBI

Skyler Keleher to Serve 30 Years in Federal Prison for Livestreaming his Abuse of a 2-Year-Old Victim

SYRACUSE, NEW YORK – Skyler Keleher, age 23, of St. Lawrence County, was sentenced today to serve 30 years in federal prison for his conviction on two counts of Sexual Exploitation of a Child.  United States Attorney Carla B. Freedman, Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Steven G. James made the announcement.

In his prior guilty plea, Keleher admitted that on at least two separate occasions in 2017 he sexually abused a two-year-old child and livestreamed the abuse to others over the Internet, using Facebook Messenger and Facebook Live.  Since then, video recordings of the abuse have been widely circulated over the Internet, and recovered by law enforcement in at least 26 separate investigations across the United States and abroad.  While the videos were first documented by law enforcement in 2018, Keleher’s identity was not confirmed until 2022, at which time he was arrested by authorities. 

Following his term of imprisonment, Keleher will be placed on a term of supervised release for life, and will be required to register as a sex offender.

This case was investigated by FBI Operation Rescue Me, the FBI’s Albany Division Child Exploitation and Human Trafficking Task Force, and the New York State Police, Troop B.  Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, prosecuted the case.

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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

U.S. Attorney’s Office Sentences Standing Rock Man for 2023 Fatal Shooting

Source: US FBI

ALBUQUERQUE – A Standing Rock man was sentenced to 27 months in federal prison for the fatal shooting of a 39-year-old mother of three.

There is no parole in the federal system.

According to court documents, on December 30, 2023, Jane Doe and her three minor children returned to the home of Sonny Hannah, 75, an enrolled member of the Navajo Nation, to collect their personal belongings. An argument between Hannah and Jane Doe ensued, leading to Hannah emerging from his home with a rifle. Hannah shot twice, striking Jane Doe in the head from 20 to 35 feet away, killing her instantly.

Upon his release from prison, Hannah will be subject to five years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.

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U.S. Attorney’s Office Secures Sentencing of Espanola Man for Federal Drug Trafficking Charges

Source: US FBI

ALBUQUERQUE – A repeat offender from Espanola was sentenced today to 33 months in federal prison for drug trafficking charges after being found in possession of multiple controlled substances.

There is no parole in the federal system.

According to court documents, on April 19, 2023, Jeremy Isaac Lopez, 29, was apprehended at the Cities of Gold Casino by the Pueblo of Pojoaque Tribal Police Department on a bench warrant that had been issued, after Lopez removed his GPS ankle monitor in violation of the pretrial release conditions put in place for his State of New Mexico charges related to an armed robbery.

As officers approached, Lopez attempted to flee, crashing into a parked vehicle. A search of the vehicle he was driving revealed Lopez was in possession of pure methamphetamine, heroin, fentanyl, suspected suboxone, , and dozens of small clear baggies.

Upon his release from prison, Lopez will be subject to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Pueblo of Pojoaque Tribal Police Department, Chief Freddie Trujillo of the Pojoaque Tribal Police Department, and the Espanola Police Department. Assistant U.S. Attorney Robert James Booth II is prosecuting the case.

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U.S. Attorney’s Office Secures Guilty Plea From Gallup Man in Navajo Nation Shooting

Source: US FBI

ALBUQUERQUE – A Gallup man pleaded guilty today in federal court to shooting and seriously injuring another man during a confrontation on the Navajo reservation last year.

According to court documents, on January 22, 2024, Arthur Chee Pat, 69, an enrolled member of the Navajo Nation, heard a commotion near his residence in Gallup and drove to investigate. Upon arriving at John Doe’s residence, where his son and three other men were gathered, Pat retrieved a firearm from his vehicle. He then fired three gunshots in the direction of one man and two more towards John Doe, striking Doe once in the knee.

After the shooting, Pat fled the scene with his son. John Doe was initially transported to Gallup Indian Medical Center and later transferred to the University of New Mexico Hospital in Albuquerque for treatment. Law enforcement apprehended Pat at his residence shortly after the incident and recovered the handgun from his vehicle.

Pat will remain on condition of release pending sentencing, which has not been scheduledAt sentencing, Pat faces up to 10 years in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary Jones is prosecuting the case.

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South Carolina Man Pleads Guilty to Federal Charges in Connection with the Murder of New Mexico State Police Officer

Source: US FBI

ALBUQUERQUEJaremy Smith pleaded guilty today to multiple federal charges in a plea agreement that will result in a federal sentence of life without the possibility of parole.

According to court documents, it is alleged that on March 13, 2024, Smith forcibly abducted a woman from her home in South Carolina, transported her in a stolen vehicle, and fatally shot her with a handgun that he had stolen from her roommate prior to the crime. After committing the murder, Smith fled across state lines to evade prosecution, traveling through Georgia, Alabama, Mississippi, Louisiana, and Texas before entering New Mexico.

On March 15, 2024, in Quay County, New Mexico, Smith fatally shot New Mexico State Police Officer Justin Hare after Officer Hare stopped to assist him with a flat tire. Smith then stole Officer Hare’s police cruiser with the wounded officer inside, driving for several minutes before abandoning the vehicle and the critically injured Officer Hare on a remote road. Officer Hare succumbed to his injuries at a hospital later that morning.

Law enforcement immediately launched a coordinated effort across multiple jurisdictions to locate Smith, and his name and photograph were widely disseminated by media news outlets. Smith was apprehended in Albuquerque on March 17, 2024, by deputies from the Bernalillo County Sheriff’s Office after a gas station employee recognized Smith and contacted law enforcement.

“A life sentence for a life taken does not make our community whole. But the best way to honor Justin Hare’s life is to take care of each other,” said U.S. Attorney Alexander Uballez. “Today, I commit myself to the people of New Mexico. In the memory of a brave State Police officer whose final act was to help another. In honor of the hundreds of law enforcement officers who worked around the clock to protect this community and do justice for their fallen brother. And in the footsteps of the gas station clerks, everyday citizens, who bravely did the right thing in the face of clear and present danger. It is time for us all to join these strangers who did the right thing for people they never met.”

“All too often, first responders are called upon to sacrifice their lives to protect their communities. Smith’s actions have had a devastating, life-long impact on the victim’s families,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “The FBI will continue to work with our partner agencies to use all available resources to make sure that violent and dangerous criminals are pursued to the fullest extent of the law.”

“Officer Hare’s sacrifice exemplifies the unwavering courage of law enforcement.,” said NM DPS Secretary Jason R. Bowie. “This plea underscores our commitment to justice through relentless collaboration across state lines.”

“Officer Justin Hare and Ms. Machado-Fore were tragically killed by Jaremy Smith. While nothing can undo this heartbreaking loss, today offers a measure of justice for their friends and family,” said Troy Weisler, Chief of the New Mexico State Police. “Thanks to the efforts of our law enforcement partners and the support of the community, Jaremy Smith will never again take a breath as a free man, and that is as it should be.”

Smith pled guilty to five counts, including carjacking resulting in death, using and carrying a firearm during a crime of violence, kidnapping resulting in death, being a prohibited person in possession of a firearm, and possession of a stolen firearm.

Smith will remain in custody pending sentencing, which has not yet been scheduled. At sentencing, Smith faces a mandatory life sentence without the possibility of parole.   As part of the plea agreement, Smith agreed that the appropriate sentence was lifetime incarceration without the possibility of parole.

The Department of Justice has previously determined that it will not seek the death penalty for Smith for the incidents that occurred in New Mexico.

U.S. Attorney Alexander M.M. Uballez for the District of New Mexico and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The FBI Albuquerque Field Office and New Mexico State Police investigated this case with assistance from the Tenth Judicial District Attorney’s Office and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Paul Mysliwiec and Jack Burkhead are prosecuting the case.

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U.S. Attorney’s Office Secures 25-Year Sentence for Farmington Man in Fatal Shooting Case

Source: US FBI

ALBUQUERQUE – A Farmington man has been sentenced to 25 years in prison for the 2021 murder of one woman and the serious injury of another on the Navajo Nation.

According to court documents, on September 5, 2021, Hanson Tsosie, 34, an enrolled member of the Navajo Nation, used a 12-gauge shotgun to fire multiple rounds into a group of individuals gathered around a tree in the yard of a residence near Nenahnezad, New Mexico, killing one woman and seriously injuring another.

Neither woman posed any threat to Tsosie; they were simply innocent bystanders caught in the crossfire of his violent actions. After the shooting, Tsosie fled approximately 46.1 miles to dispose of the vehicle he had been driving.

Upon his release from prison, Tsosie will be subject to five years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorneys Mark A. Probasco and Matthew J. McGinley is prosecuting the case.

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Bergen County Woman Charged with Destroying Cell Phone to Obstruct Federal Investigations Into Her Husband and Herself

Source: US FBI

NEWARK, N.J. – A Bergen County, New Jersey, woman was charged with destruction of records in a federal investigation, U.S. Attorney Philip R. Sellinger announced today.

Jennifer Iturralde Pina, 43, of Franklin Lakes, New Jersey, is charged by complaint with one count of destruction of records. Iturralde appeared today before U.S. Magistrate Judge André M. Espinosa in Newark federal court and was released on $200,000 bond.

According to documents filed in this case and statements made in court:

On Oct. 16, 2023, Iturralde’s husband, Cesar Humberto Pina, aka “Flipping NJ,” also of Franklin Lakes, was charged in the District of New Jersey with wire fraud in connection with a real estate investment fraud scheme. After Pina’s release on bond, Iturralde learned that the government received evidence from a witness related to Pina’s case. Shortly thereafter, Iturralde asked a friend to tell the witness to stop assisting the Government.

In early March 2024, the government obtained search warrants for two of Iturralde’s phones – which the government believed Iturralde used in connection with the real estate fraud scheme and the attempt to discourage the witness from assisting the government – and one phone belonging to the friend. On March 3, 2024, Iturralde tried, unsuccessfully, to hide one of her phones at the friend’s home. On March 5, 2024, the friend’s family member called to tell Iturralde that law enforcement had just seized the friend’s phone. Shortly thereafter, as law enforcement knocked on Iturralde’s door to execute the warrant to seize her phones, Iturralde destroyed one of the phones.

The destruction of records charge carries a maximum sentence of 20 years in prison and a fine of up to $250,000 or twice the gross gain or loss from the offense.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado in Newark; special agents of the IRS–Criminal Investigation, under the direction of Special Agent in Charge Jenifer L. Piovesan; postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge in Christopher A. Nielsen; and special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Special Agent in Charge Thomas Mahoney, with the investigation.

The government is represented by Assistant U.S. Attorney Mark Pesce, Carolyn Silane, and Aaron Webman of the Economic Crimes Unit in Newark.

The charge and accusations against both Iturralde and Pina are merely allegations, and the defendants are presumed innocent unless and until proven guilty.