Brooklyn-Based Ninedee Gang Member Pleads Guilty to COVID-19 Unemployment Benefits Fraud Scheme

Source: US FBI

Earlier today, in federal court in Brooklyn, Darnell Jones, also known as “EJ,” pleaded guilty to conspiring to engage in wire fraud and committing aggravated identity theft.  During the height of the COVID-19 pandemic from March 2020 through August 2021, Jones engaged in a fraud scheme using stolen personal identifying information to fraudulently obtain more than $800,000 from federally funded unemployment insurance programs established under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.  In addition, as part of his guilty plea, Jones admitted to fraudulently obtaining personal identifying information, including bank account information, between May 2021 and October 2024, to commit wire fraud with an intended victim loss of more than $3.5 million.  The proceeding was held before United States District Judge Dora L. Irizarry.  When sentenced, Jones faces up to 32 years in prison, with a mandatory minimum sentence of two years’ imprisonment.

John J. Durham, United States Attorney for the Eastern District of New York, Christopher G. Raia, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Jessica S. Tisch, Commissioner, New York City Police Department (NYPD), announced the guilty plea.

“Today, Jones admitted to his extensive fraud scheme to swindle millions of dollars of unemployment benefits by using the stolen identities of innocent victims,” stated United States Attorney Durham.  “Even worse, the federal funds were intended to provide relief to those most in need during the COVID-19 pandemic and instead were diverted by the defendant to finance violent crimes of the Ninedee gang in Brooklyn.  My Office and our law enforcement partners recognize that a key means of dismantling violent gangs is, as here, to cut off their sources of income.” 

Mr. Durham also thanked the U.S. Department of Labor, Office of the Inspector General and the New York State Department of Labor, Office of Special Investigations for their assistance on the case.

FBI Assistant Director in Charge Raia stated:  “Darnell Jones, a Ninedee gang member, financed illicit gang operations with millions of dollars in fraudulent unemployment benefits obtained with numerous stolen identities. For three years, the defendant jeopardized the city’s wellbeing and economic security in a global pandemic through this selfish diversion of critical funding. The FBI remains determined to curtail any mechanism fueling criminal gang activity, especially schemes targeting vulnerable citizens.”

“At the height of a global crisis, Darnell Jones exploited the identities of vulnerable New Yorkers to bankroll a violent gang’s criminal enterprise,” stated NYPD Commissioner Tisch.  “His guilty plea today is a powerful reminder that no scam is too sophisticated, no network too hidden – we will find you, and we will bring you to justice. I commend our investigators, the FBI, and the U.S. Attorney’s Office for their relentless pursuit of justice.”

According to court filings, witness testimony, and the record from the defendant’s detention hearing, Jones is a member of the Ninedee Gang, a violent criminal enterprise operating out of the Louis H. Pink Houses in East New York, Brooklyn, who led the gang’s fraud schemes.  Ninedee Gang members were affiliated with the “5” and “6” Pink Houses apartment buildings and engaged in gang-related violence within and outside of the New York City Housing Authority complex.  The Ninedee Gang protected its turf through violence, made money by selling drugs and committing fraud, and sought to silence those they perceived to be working with law enforcement.  Ninedee Gang members were responsible for the July 2020 murder of Shatavia Walls, a former federal witness who testified against a Ninedee Gang member in Brooklyn federal court in 2019.  Seven Ninedee Gang members have been prosecuted for their gang-affiliated crimes, including the murder in-aid-of-racketeering of Shatavia Walls. Five Ninedee defendants have pled guilty and a sixth, Maliek Miller, was convicted at trial in June 2024.  The remaining defendant, high-ranking Ninedee leader Raquel Dunton, is charged with drug trafficking and acting as an accessory after-the-fact to Walls’ murder, among other crimes, and is awaiting trial.

Jones and other Ninedee Gang members engaged in “scamming,” or various financial fraud schemes, including check fraud, postal money order fraud, and unemployment benefits fraud.  For example, beginning in approximately November 2020, Jones sent a co-conspirator text messages containing the names of 10 New York residents, the purpose of which was to obtain personally identifiable information (PII) for those individuals without their consent.  The co-conspirator sent Jones the requested individuals’ dates of birth, Social Security numbers, and driver’s license numbers.  In exchange, Jones paid the co-conspirator with cryptocurrency.  Subsequently, Jones submitted fraudulent claims for unemployment insurance benefits to the New York State Department of Labor using the stolen PII.  As introduced at the trial of Ninedee Gang leader Maliek Miller, text messages in 2020 showed that Jones coordinated with fellow Ninedee Gang member Kevin Wint about pooling their money to purchase “glicks” or “plates,” which are references to firearms.  Notably, in August 2021, law enforcement agents recovered two firearms, which were outfitted with laser sights, in a residence shared by Jones and Wint. 

The government’s case is being handled by the Office’s Organized Crime and Gang Section.  Assistant United States  Attorneys Emily J. Dean and Irisa Chen are in charge of the prosecution with the assistance of Paralegal Specialist Theodore Rader.

The Defendant:

DARNELL JONES (also known as “EJ”)
Age: 30
Brooklyn, New York

E.D.N.Y. Docket No. 24-CR-369 (DLI)

ISIS Supporter Sentenced to 230 Months’ Imprisonment for Recruiting for ISIS, Obstruction, and Attempting to Flee Justice

Source: US FBI

Sinmyah Amera Ceasar, also known as “Umm Nutella,” Initially Cooperated with Law Enforcement, but then Secretly Contacted ISIS Supporters, Deleted Evidence, Lied to Investigators, and Tried to Flee the Country Rather than Face Prison

Earlier today, in federal court in Brooklyn, Sinmyah Amera Ceasar, a U.S. citizen, was sentenced to a total term of 230 months’ imprisonment by United States District Judge Kiyo A. Matsumoto for three separately charged crimes: conspiring to provide material support and resources to the Islamic State of Iraq and al-Sham (ISIS), a foreign terrorist organization; obstructing justice while released on bail pending sentencing; and failing to appear before the court as required when she attempted to flee the United States.  Ceasar pleaded guilty to the material support charge in February 2017, to the obstruction charge in March 2019, and to the failure to appear charge in October 2022.

John J. Durham, United States Attorney for the Eastern District of New York, Sue Bai, head of the Justice Department’s National Security Division, Christopher G. Raia, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Jessica S. Tisch, Commissioner, New York City Police Department (NYPD), announced the sentence.

“With today’s sentence, Sinmyah Amera Ceasar, an unrepentant ISIS recruiter, will be incarcerated for a significant period of time to protect Americans here and abroad from her violent extremism,” stated United States Attorney Durham.  “Even after pleading guilty to providing material support to ISIS, the defendant continued to support terrorists, obstructed justice and fled from prosecution.  This Office, together with the FBI, the NYPD, and all the members of the FBI Joint Terrorism Task Force, work tirelessly to pursue and hold accountable all those who support terrorism.”

“Today’s re-sentencing marks the end of a righteous journey that began a decade ago,” stated Sue J. Bai, head of the Justice Department’s National Security Division.  “Terrorist organizations like ISIS rely on recruiters like Ceasar to attract, indoctrinate, and enlist new followers.  The Department is committed to holding accountable those who seek to follow a similar path.  Today was made possible by our prosecutors, staff, and members of the Joint Terrorism Task Force.  We are grateful for their tireless pursuit of justice in this case.”

“Sinmyah Amera Ceasar flagrantly ignored conditions of her prior arrest by rekindling former relationships with ISIS members and implementing a plan to personally abscond the country to join their cause,” stated FBI Assistant Director in Charge Raia.  “Her actions demonstrate little remorse for radicalizing other United States citizens and promoting ISIS’s heinous ideologies. May today’s sentencing reflect the FBI JTTF’s relentless pursuit of any individual conspiring to participate in terrorist organizations.”

“This sentence is a fitting and meaningful outcome for a woman who assisted ISIS in recruiting, squandered the chance for redemption by exposing herself as cooperating with the U.S. government, and persisted in promoting extremist ideologies to potential new recruits online,” stated NYPD Commissioner Tisch.  “I commend our diligent NYPD investigators and all members of the FBI Joint Terrorism Task Force for their unwavering commitment to public safety.  The level of teamwork they demonstrate each day is crucial in ensuring the security of New York City and our nation.”

Between January 2016 and November 2016, Ceasar used numerous social media accounts to praise, promote, and support ISIS and violent jihad and to disseminate ISIS propaganda.  Ceasar posted under a variety of names, including her nom de guerre, or war name, “Umm Nutella,” which translates to “Mother of Nutella.”  Ceasar developed contacts with ISIS members overseas, recruited individuals in the United States to travel overseas to join and fight for ISIS, and used her contacts with ISIS facilitators to attempt to help at least five people from the United States join ISIS abroad.  Ceasar also expressed her own desire to travel to ISIS-controlled territory to join the group and die as a martyr.

In November 2016, Ceasar was arrested at John F. Kennedy International Airport as she prepared to board an international flight, which was to be the first leg of her journey to join ISIS.  Ceasar pleaded guilty in February 2017 to conspiring to provide material support and resources to ISIS, and agreed to cooperate with the government’s investigations of ISIS members and supporters.

In April 2018, Ceasar was released on bail, subject to court-ordered conditions of release.  However, she violated those conditions, and her cooperation agreement with the government, by reconnecting with individuals she had identified to the government as supporters of ISIS.  Ceasar attempted to conceal these communications from the government and from the court, attempted to delete more than 1,000 of her electronic communications, and lied to the government about her conduct.  The court revoked Ceasar’s bail in July 2018.  Ceasar pleaded guilty to obstructing an official proceeding in March 2019.

In June 2019, the late United States District Judge Jack B. Weinstein sentenced Ceasar to 48 months’ imprisonment for the material support and obstruction offenses, and the government appealed.  In August 2021, the United States Court of Appeals for the Second Circuit vacated the sentence imposed by Judge Weinstein, calling it “shockingly low, and unsupportable as a matter of law,” and sent the case back to the district court for resentencing.

While the appeal was pending, however, Ceasar completed serving the 48-month sentence in July 2020, and began serving an eight-year term of supervised release.  Almost immediately after her release, Ceasar began to repeatedly violate the conditions of her supervision by downloading and using phone apps that she failed to report to the Probation Department, recontacting and communicating with ISIS supporters, soliciting funds from ISIS supporters, communicating with convicted felons, using extremist language, and deleting the evidence of her violations of these conditions of supervision.

In August 2021, after the Second Circuit issued its decision remanding her case for resentencing, Ceasar fled.  On the day she was scheduled to appear before the Court, Ceasar removed her ankle bracelet location monitoring device, and fled New York City on a cross-country bus trip to New Mexico, setting off a nationwide fugitive investigation that led to her arrest in New Mexico two days later.  The evidence established that Ceasar intended to escape the United States and travel to Russia, and that while fleeing, she used an Internet-based messaging application to contact an individual in Afghanistan to seek assistance to travel there.  She sought assistance from the individual in Afghanistan in the hours after ISIS Khorasan carried out a bombing at Hamid Karzai International Airport in Kabul that killed hundreds, including 13 members of the U.S. Armed Forces.  In connection with her flight from prosecution, Ceasar ultimately pleaded guilty to her third separate felony offense, a charge of failing to appear before the Court as required, in October 2022.

After being returned to custody at the U.S. Bureau of Prisons’ Metropolitan Detention Center in Brooklyn to await sentencing, Ceasar routinely violated Bureau of Prisons institutional rules, circumvented telephone and email monitoring and use restrictions, and continued to communicate and associate with other ISIS supporters.

The government’s case is being handled by the Office’s National Security and Cybercrime Section.  Special Assistant United States  Attorney Ian C. Richardson and Assistant United States Attorney Andrew Reich are in charge of the prosecution.

The Defendant:

SINMYAH AMERA CEASAR (also known as “Rita Daoudii,” “Qeuz,” “Umm Nutella,” “Amera Dawah Shakir,” “Bint Dawah Muslimah,” and “Qulli Allahu Akbar”)
Age: 30
Brooklyn, New York

E.D.N.Y. Docket Nos. 17-CR-48 (KAM), 19-CR-117 (KAM), and 22-CR-459 (KAM)     

Defendants Charged Following Armed Coup Attack in the Democratic Republic of the Congo

Source: US FBI

Three defendants transferred from the DRC to the U.S. and one other arrested in Utah after Armed Coup Attack to overthrow the DRC government

SALT LAKE CITY, Utah – A criminal complaint was unsealed today in the District of Utah charging Marcel Malanga, 22, Tyler Thompson, 22, Benjamin Zalman-Polun, 37, and Joseph Peter Moesser, 67, all U.S. citizens, with conspiring to provide material support and resources, conspiracy to use weapons of mass destruction, conspiracy to bomb places of government facilities, and conspiracy to kill or kidnap persons in a foreign country, among other offenses.

Malanga, Thompson, and Polun are expected to make their initial appearances at the federal courthouse in Brooklyn, New York. Moesser is expected to make his initial appearance on April 10 at the federal courthouse in Salt Lake City. After their initial appearances in New York, it is expected that Malanga, Thompson, and Polun will appear in Salt Lake City, Utah for further legal proceedings.

As alleged in the complaint, the defendants conspired to unlawfully carry out a coup d’état in the Democratic Republic of the Congo (“DRC”). The coconspirators conducted an armed military operation (“Armed Coup Attack”) specifically targeting DRC President Félix Tshisekedi and Deputy Prime Minister for the Economy Vital Kamerhe (“Kamerhe”), attacking both the Palais de la Nation (the official residence and principal workplace of the president) and Kamerhe’s private residence in Kinshasa, DRC. Men wearing camouflage fatigues and armed with weapons attacked and entered the Palais de la Nation. Armed men also attacked Kamerhe’s residence, which was riddled with bullet holes after the attack. At least six people died during the attack, including two police officers protecting Kamerhe’s residence, and at least one innocent civilian. The goal of these rebel forces was to overthrow the DRC government, establish a new government known as the New Zaire, and install Christian Malanga, now deceased, as the president of the New Zaire.

Christian Malanga acted as a leader and organizer of these rebel forces. It was the goal of these rebel forces to topple the DRC government and to murder President Félix Tshisekedi, Kamerhe, and others, with the goal of installing Christian Malanga as the new president of the DRC. Marcel Malanga also held himself out as a leader of the rebel forces and identified himself as the “Chief of Staff of the Zaire army.” Polun was Christian Malanga’s chief of staff. Moesser was the explosives maker, explosives technician, and explosives supplier. Thompson was a soldier and drone specialist/operator.

Also as alleged in the complaint, Christian Malanga, Marcel Malanga, Thompson, Polun, and Moesser conspired to provide material support and resources including services, training, expert advice or assistance, communication equipment, weapons, explosives, and personnel to the rebel army which was formed to overthrow the DRC government.  Further, the defendants conspired to acquire and use weapons of mass destruction during the Armed Coup Attack. The coconspirators planned to use bombs that could be deployed to their targets by drone(s). Targets included people, private residences, and public buildings. They also intended to attach a flamethrower device to a drone and use it as an incendiary device to light people on fire.  

The defendants planned, scouted out targets, and identified victims for the Armed Coup Attack, with the purpose and intent to murder other persons, including high-level DRC government officials. They recruited others to join in the Armed Coup Attack as personnel for the rebel army and, in some cases, recruited personnel in exchange for money. The defendants also acquired and attempted to acquire explosive and incendiary devices with the purpose and intent to use such devices to target individuals, private property, and DRC government buildings. Coconspirators communicated with and procured destructive devices, to include carrier devices such as drones, explosives, incendiary devices, and delivery mechanisms, from businesses, private parties, and at least one individual associated with a foreign military to effectuate the Armed Coup Attack.

Additionally, they procured from businesses and private parties, military equipment to include firearms, ammunition, uniforms, communication equipment, and communication jamming equipment. The coconspirators planned to transport weapons, explosives, and resources from the United States to the DRC to effectuate the Armed Coup Attack, and they then transported weapons and resources to the DRC. Further, the defendants engaged in firearms and weapons training in the United States and in Africa to provide services and support during the conspiracy and Armed Coup Attack.

If convicted, the defendants face a maximum penalty of up to 15 years for each count of conspiring to provide material support and resources; and up to life imprisonment for each count of conspiracy to use weapons of mass destruction, conspiracy to bomb places of government facilities, and conspiracy to kill or kidnap persons in a foreign country. Additionally, if convicted, Malanga and Thompson each face a maximum penalty of up to 15 years for each count of taking a firearm out of the United States to engage in a felony. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting U.S. Attorney Felice John Viti for the District of Utah, Sue J. Bai, head of the U.S. Department of Justice’s National Security Division, and Mehtab Syed, Special Agent in Charge of the FBI’s Salt Lake City Field Office made the announcement.

The case is being investigated by the FBI Salt Lake City Field Office, with assistance by the FBI New York Field Office, and the FBI’s Legal Attaché Office in Nairobi, Kenya, which oversees the Democratic Republic of Congo.

Assistant U.S. Attorneys Bryan R. Whittaker, Chief of the National Security and Cybercrimes Section, and Jonathan Stowers of the U.S. Attorney’s Office for the District of Utah, and Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section are prosecuting the case. The Justice Department’s Office of International Affairs has also provided substantial assistance to the prosecution team.

A complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Atlanta Man Sentenced to 151 Months in Prison for Defrauding Former NBA Players

Source: US FBI

Matthew Podolsky, the Acting United States Attorney for the Southern District of New York, announced today that CALVIN DARDEN, JR., was sentenced to 151 months in prison by U.S. District Judge Vernon S. Broderick for defrauding former National Basketball Association (“NBA”) players Dwight Howard and Chandler Parsons out of $8 million.  DARDEN was previously convicted at trial of conspiracy to commit wire and bank fraud, wire fraud, bank fraud, conspiracy to launder money, and money laundering.

Acting U.S. Attorney Matthew Podolsky said: “Calvin Darden, Jr., stole millions of dollars from former NBA players and used the money to buy a mansion, a fleet of luxury cars, and expensive artwork.  This conviction—his third—and sentence make clear that severe consequences await those who take advantage of others by fraud.” 

According to the charging documents and other filings and statements made in court:

In the fraud against Howard, DARDEN, JR. deceived Howard into sending him $7 million, purportedly for the purpose of buying the Atlanta Dream (the “Dream”), a team in the Women’s National Basketball Association.  DARDEN, JR. worked with Charles Briscoe, Howard’s agent to perpetrate the fraud.  DARDEN, JR. sent a “Vision Plan” to Howard about the purported purchase of the Dream.  The Vision Plan falsely claimed that a number of celebrities and companies—including Tyler Perry, Issa Rae, Naomi Osaka, Aflac, and Starbucks—had agreed to be advisors to the Dream or to sponsor the Dream after Howard purchased it. In truth and in fact, those individuals and companies had never agreed to be advisors or corporate sponsors to the Dream and many had never even heard of DARDEN, JR. or any purported plan by DARDEN, JR. to purchase the Dream.

DARDEN, JR.’s father (“Relative-1”) is a prominent businessman.  DARDEN, JR. repeatedly impersonated Relative-1 in an attempt to add credibility to his fraud scheme.

DARDEN, JR. directed Howard to send the $7 million to a shell company he controlled, in order to effectuate the purported purchase of the Dream.  DARDEN, JR. then laundered the money through a number of different bank accounts he controlled.  DARDEN, JR. did not spend any money on the purchase of the Dream.  Instead, he spent the money on a $3.7 million mansion, a Rolls-Royce, a Lamborghini, a Porsche, artwork by Jean-Michel Basquiat, and other luxury goods for himself.

Howard learned that he did not in fact own the Dream only when ESPN reported that the Dream had in fact been sold to someone else.

In the fraud against Parsons, DARDEN, JR. deceived Parsons into sending him $1 million, purportedly for the purpose of loaning the money to James Wiseman, a prospect in the 2020 NBA draft.  DARDEN, JR. and Briscoe falsely claimed to know Wiseman, and forged a document stating that Wiseman had agreed that Briscoe would be his agent in order to convince Parsons to send the money.  In truth and in fact, DARDEN, JR. and Briscoe did not know Wiseman and did not send any of the money to Wiseman.  Instead, DARDEN, JR. spent his cut of the fraud proceeds on watches, a Mercedes, and other personal expenses.

DARDEN, JR. was previously convicted of fraud in New York state in 2005.  He was also convicted of fraud in the Southern District of New York in 2015. In the 2015 case, DARDEN, JR. committed frauds involving a purported purchase of Maxim magazine and a purported NBA exhibition game in Taiwan.  In that prior fraud, DARDEN, JR. also impersonated Relative-1 in an attempt to add credibility to his fraud scheme.

*               *                *

 

In addition to the prison term, DARDEN, JR., 50, of Atlanta, Georgia, was sentenced to five years of supervised release.   DARDEN, JR. was ordered to forfeit $8,000,000 and a number of other items, including a Lamborghini, a Rolls-Royce, $600,000 of artwork by Jean-Michel Basquiat, and an Atlanta mansion.  DARDEN, JR. was also ordered to make restitution in the amount of $8,000,000.

Mr. Podolsky praised the outstanding work of the Federal Bureau of Investigation. 

The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorneys Kevin Mead, Brandon C. Thompson, and William C. Kinder are in charge of the prosecution.

Leader of International Ponzi Scheme Targeting Indonesian-American Community Sentenced to 18 Years in Prison

Source: US FBI

Defendant Defrauded Hundreds of Victims in Three Countries and More than 30 States Who Invested More than $24.5 Million in Sham Loan Programs

Earlier today, at a federal courthouse in Brooklyn, Francius Marganda was sentenced by United States District Judge Dora L. Irizarry to 18 years’ imprisonment for running a $24.5 million Ponzi scheme that defrauded hundreds of predominantly Indonesian and Indo-American victim investors. Marganda, an Indonesian national, led the scheme until it unraveled in 2021 and he fled the United States.  Marganda was extradited to the United States from Singapore in November 2023 and pleaded guilty to securities fraud in July 2024. As part of his sentence, Marganda was ordered to pay $8.5 million in restitution and $7.5 million in forfeiture.

John J. Durham, United States Attorney for the Eastern District of New York; Christopher G. Raia, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Michael Alfonso, Acting Special Agent in Charge, U.S. Department of Homeland Security, Homeland Security Investigations, New York (HSI New York), announced the sentence.

“Marganda’s attempt to evade justice by fleeing halfway across the world to hide in fancy hotels was futile, as he found out today in a federal courtroom in Brooklyn,” stated United States Attorney Durham.  “No matter how far defendants may flee, this Office and our law enforcement partners will work tirelessly to make sure they are brought to justice.  It is my hope that this prosecution will bring some measure of relief to the victims of Marganda’s fraud, who trusted him with their life savings because of their shared nationality and were cruelly exploited by him.”

Mr. Durham expressed his appreciation to the Justice Department’s Office of International Affairs, particularly the DOJ Attachés based in Manila and Bangkok; law enforcement partners at the U.S. Embassy in Singapore, including the FBI’s Legal Attaché, the HSI Attaché, and the U.S. Department of State’s Diplomatic Security Service Overseas Criminal Investigations Office; and Singaporean authorities, particularly the Singapore Police Force and Attorney-General’s Chambers, for their assistance with Marganda’s arrest and extradition to the United States.  Mr. Durham also thanked the Securities and Exchange Commission, Fort Worth Regional Office; the United States Attorney’s Office for the Southern District of New York; the Internal Revenue Service Criminal Investigation, New York; the Federal Trade Commission; the New York State Attorney General’s Office; the Commonwealth of Massachusetts Attorney General’s Office; the New York County District Attorney’s Office; the Queens County District Attorney’s Office; the New York City Police Department; the Westford Police Department, Westford, Massachusetts; the Richfield Police Department, Richfield, Minnesota; and the Lexington Police Department, Lexington, South Carolina, for their assistance in this matter.

Francius Marganda financially crippled hundreds of victims after collectively stealing millions of dollars to fund his personal lifestyle,” stated FBI Assistant Director in Charge Raia.  “The defendant enticed prospective investors across the globe with empty promises of guaranteed returns from his illegitimate companies, and subsequently created an alias to flee the country when his web of lies unraveled. The FBI will continue to pursue any individual who exploits others through fraudulent means, regardless of where they may hide.”

HSI New York Acting Special Agent in Charge Alfonso stated: “Francius Marganda’s heartless scheme caused irreparable emotional, psychological, and in some cases even physical damage to many of his more than 200 victims. Marganda swindled the innocent, well-meaning public out of over $23 million, and then fled the country as his shameless conspiracy crumbled. Marganda left hardworking families without money they desperately needed for crucial, life-altering expenses — among them, cancer treatments, medical procedures, and college tuition — and with no opportunities to recoup their lost savings. While no amount of prison time can make up for the irreversible pain Marganda and his co-conspirators have caused, we are thankful to the special agents and officers from HSI’s El Dorado Task Force, together with the FBI and the Eastern District of New York, for securing whatever justice possible on behalf of his victims.”   

From May 2019 to May 2021, while residing in New York after overstaying his visa, Marganda orchestrated a scheme to defraud investors by soliciting investments in two sham programs called Easy Transfer and Global Transfer, which Marganda and his co-conspirators falsely represented were short-term, high-interest loan programs in which investors would earn passive income.  Marganda and his co-conspirators promised rates of return as high as 200% or more.  On a near-daily basis, multiple investors were deceived into signing investment contracts.   

Marganda and his co-conspirators misappropriated the invested funds for their own benefit, including by buying real estate and luxury goods, and paying off credit card bills.  They also laundered proceeds into their bank accounts.  As an example, more than $3.8 million in scheme proceeds was transferred into just one of Marganda’s personal accounts over the course of 11 months, and more than $264,000 in proceeds in the account was used to pay off his credit card bills.

The Ponzi scheme ultimately collapsed in May 2021, when Marganda and his co-conspirators stopped making payments to investors.  Marganda fled the United States, obtained an Indonesian passport under a fake name, and used the scheme funds to pay for lavish stays in luxury hotels around the world, including in France, the Maldives, Nepal, and Thailand, until he was apprehended abroad and extradited to the Eastern District of New York.

To date, 237 victims, ranging in age from 24 to 84, have identified losses of more than $24.5 million because of the defendant’s scheme.  The victims reside in the District of Columbia and at least 31 states, including New York, as well as in Indonesia and Malaysia.  Many of the victims had limited means and had pooled their resources with relatives and friends to make investments in U.S. dollars and Indonesian rupiah.

Judge Irizarry considered statements prepared by dozens of victims in connection with the sentencing hearing held earlier today.  Many reported that, as a result of the defendant’s conduct, they declared bankruptcy or lost nearly all of their savings.  Because of the financial loss, one victim struggled to pay for a family member’s chemotherapy, while another struggled to pay for medical expenses associated with a family member’s Stage 4 lung cancer diagnosis.  One victim lacked the funds to travel and pay respects after both of the victim’s parents died.    Multiple victims suffered other serious losses and hardships.

The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Victor Zapana and Laura Zuckerwise are in charge of the prosecution, with assistance from Paralegal Specialist Kavya Kannan.

The Defendant:

FRANCIUS MARGANDA
Age:  42
Jakarta, Indonesia and formerly of Queens, New York

E.D.N.Y. Docket No. 22-CR-481 (DLI)

Niagara Falls Man Pleads Guilty to Drug Charge

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Jermaine McQueen, 46, of Niagara Falls, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to possession with intent to distribute 40 grams or more of fentanyl, which carries a minimum penalty of five years in prison, a maximum of 40 years, and a fine up to $5,000,000.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that on August 28, 2024, investigators executed search warrants at several locations associated with McQueen. They seized approximately 405 grams of cocaine, approximately 300 grams of fentanyl, and approximately six grams of crack cocaine, drug packaging materials, $10,625 in cash, and several pieces of jewelry, which constitute proceeds of narcotics trafficking. During the investigation, law enforcement made controlled purchases of fentanyl and cocaine from McQueen.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Niagara Falls Police Department, under the direction of Commissioner Nick Ligammari, the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti, the North Tonawanda Police Department, under the direction of Chief Keith Glass, the New York State Police, under the direction of Major Amie Feroleto, and the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia.

Sentencing will be scheduled at a later date.     

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Jamestown Man Going to Prison on Methamphetamine Charge

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Willie C. Graham, 44, of Jamestown, NY, who was convicted of possession with intent to distribute methamphetamine, was sentenced to serve 66 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Donna M. Duncan, who handled the case, stated that on September 6, 2023, Jamestown Police officers initiated a traffic stop on a car that Graham was a passenger in. Officers located numerous items of drug paraphernalia in the car, as well as approximately 29 grams of fentanyl on Graham’s person.

On March 2, 2024, Graham was a passenger in a car that fled from law enforcement officers trying to conduct a traffic stop. A subsequent search of the vehicle resulted in the recovery of approximately 12 grams of methamphetamine, drug paraphernalia, and $1,134.00 cash.

On April 30, 2024, Jamestown Police officers located and arrested Graham. At the time of his arrest, he was in possession of 10 assorted bank and benefit cards, some of which were issued to individuals other than Graham, approximately 53 grams of methamphetamine, drug paraphernalia, and $185.

The sentencing is a result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

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Lancaster Man Pleads Guilty to Receiving Child Pornography

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Alexander Grupp, 32, of Lancaster, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to receipt of child pornography, which carries a mandatory minimum penalty of 15 years in prison and a maximum of 40 years.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that in March 2018, Grupp was convicted in New York State Court of Possessing Obscene Sexual Performance by a Child less than sixteen years of age, and sentenced, in part, to 10 years’ probation. In October 2022, Grupp communicated with a 15-year-old girl using the instant messaging application, Discord. During these conversations, Grupp persuaded the victim to send him nude pictures of herself.

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

Sentencing will be scheduled at a later date.

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Former Wyoming County Corrections Officer Going to Prison for Distributing Child Pornography

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that James D. Sutton, 40, of Depew, NY, who was convicted of distribution child pornography, was sentenced to serve 100 months in prison and 30 years supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that in October 2021, Sutton, a former Wyoming County Corrections Officer, used his cellular telephone to upload 22 video files containing child pornography, via the internet, to the social media platform Kik. The videos included prepubescent minors under the age of 12 years old, and depictions of violence.

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Amie Feroleto, the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the National Center for Missing and Exploited Children.  

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Registered Sex Offender Going to Prison for More Than 15 Years on New Child Pornography Charge

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Christopher Rucker, 45, of Cheektowaga, NY, who was convicted of possession of child pornography with a prior sex offense, was sentenced to serve 188 months in prison and lifetime supervised release by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Caitlin M. Higgins, who handled the case, stated that in March 2022, the New York State Police (NYSP) conducted a search warrant at Rucker’s residence, during which they seized a laptop computer and a cell phone. The laptop and cell phone both contained images and videos of child pornography. Subsequent investigation determined that between October 1 and December 28, 2021, Rucker downloaded approximately 1300 images of child pornography. Some of the images depicted prepubescent minors, as well as violence against children and the sexual abuse of an infant or toddler.

Rucker is a registered Level 2 sex offender, following two convictions in 2002 on Sodomy in the 2nd Degree and Using and Interstate Facility to Persuade/Induce a Child to Engage in Sexual Activity.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Cheektowaga Police Department, under the direction of Chief Brian Coons, and the New York State Police, under the direction of Major Amie Feroleto.