Nigerian National Pleads Guilty to Laundering Millions in Criminal Proceeds Linked to Romance Scams and Business Email Compromise Schemes

Source: US FBI

CHARLOTTE, N.C. – Olumide Olorunfunmi, 39, a Nigerian national, appeared in federal court in Charlotte today and pleaded guilty to money laundering conspiracy for laundering millions in criminal proceeds linked to romance scams and business email compromise schemes, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.  According to documents filed with the court and today’s plea hearing, the scheme caused more than 125 victims to transfer over $4.5 million of proceeds stemming from illegal activities.

Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation in North Carolina, joins U.S. Attorney Ferguson in making today’s announcement.

Two of Olorunfunmi’s co-conspirators, both Nigerian nationals, have also pleaded guilty to federal charges and are awaiting sentencing. Specifically, Samson Amos, 53, pleaded guilty to conspiracy to operate an unlicensed money transmitting business. Emmanuel Unuigbe, 42, pleaded guilty to money laundering conspiracy and conspiracy to operate an unlicensed money transmitting business.

As Olorunfunmi admitted in court today, from 2020 through 2023, Olorunfunmi conspired with Amos, Unuigbe, and others to launder the criminal proceeds of various illegal activities, including romance scams that typically targeted elderly victims, and business email compromise schemes (BECs). Court records show that the victims of the schemes were directed to transfer funds into domestic and international bank accounts controlled by Olorunfunmi and his co-conspirators. Upon receiving the fraud proceeds, Olorunfunmi and his co-conspirators transferred the funds to other bank accounts, in the U.S. and overseas.

Olorunfunmi, Amos and Unuigbe profited by keeping a portion of the criminal proceeds obtained through the schemes. They also profited by agreeing to “pay” for the domestic deposits received by others by transferring Nigerian Naira from accounts the co-conspirators controlled in Nigeria to other accounts in Nigeria, based upon a “black market” exchange rate for United States Dollars to Naira.

The charge of money laundering conspiracy carries a maximum sentence of 20 years in prison. A sentencing date has not been set.

In making today’s announcement, U.S. Attorney Ferguson thanked the FBI for the investigation of the case.

Assistant U.S. Attorney Daniel Ryan with the U.S. Attorney’s Office in Charlotte is in charge of the prosecution.

Business Email Compromise Schemes

BEC schemes, also referred to as “cyber-enabled financial fraud,” are sophisticated scams that often target individuals, employees, or businesses involved in financial transactions or that regularly perform wire transfer payments. Fraudsters are usually part of larger criminal networks

operating in the United States and abroad. There are many variations of BEC schemes. Generally, the schemes involve perpetrators gaining unauthorized access to legitimate email accounts or creating email accounts that closely resemble those of individuals or employees associated with the targeted businesses or involved in business transactions with the victim businesses. The scammers then use the compromised or fake email accounts to send false wiring instructions to the targeted businesses or individuals, to dupe the victims into sending money to bank accounts controlled by perpetrators of the scheme. Generally, the money is quickly transferred to other accounts in the United States or overseas. More information on BEC schemes can be found here.

Romance Scams

In romance scams, fraudsters use a fake online identity to gain a victim’s affection and trust. The fraudsters then use the illusion of a romantic or close relationship to manipulate and/or steal from the victim. The fraudsters want to establish a relationship as quickly as possible, endear themselves to the victim, and gain trust. Fraudsters may propose marriage and make plans to meet in person, but that will never happen. Eventually, they will ask for money. The fraudsters who carry out romance scams are experts at what they do and will seem genuine, caring, and believable, and are present on most dating and social media sites. They also claim to be in the building or construction industry and/or are engaged in projects outside the U.S. That makes it easier to avoid meeting in person and more plausible when they ask for money for a medical emergency or unexpected legal fees. More information on romance scams can be found here.

If you have been the victim of an online scam or know someone who has been victimized, it is important to report it to law enforcement. Please visit ic3.gov, the FBI’s Internet Crime Complaint Center (IC3), to file a complaint. 

Charlotte Man Sentenced for Brandishing AR-15 Rifle During Restaurant Robbery

Source: US FBI

CHARLOTTE, N.C. – Jermond Santa Lowery, Jr., 29, of Charlotte, was sentenced in federal court today to seven years in prison for brandishing an AR-15 rifle during the robbery of a Waffle House, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.

Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD), join U.S. Attorney Ferguson in making the announcement.

According to information in filed documents and court proceedings, on October 31, 2023, Lowery entered a Waffle House in Charlotte, where he brandished an AR-15 rifle. As the employees began to flee through the back door, Lowery shouted at the employees to get back and open the cash register, threatening to kill them. Court documents show that Lowery removed the cash register from the restaurant and fled the scene. CMPD officers arrested Lowery the next day.

On September 26, 2024, Lowery pleaded guilty to brandishing a firearm in furtherance of a crime of violence. He remains in federal custody pending placement by the Federal Bureau of Prisons.

The investigation was handled by the FBI and CMPD.

The U.S. Attorney’s Office in Charlotte prosecuted the case. 

South Carolina Woman Sentenced for $1.7 Million Embezzlement Scheme

Source: US FBI

CHARLOTTE, N.C. – Kristin Turney, 54, of Catawba, South Carolina, was sentenced today to 51 months in prison followed by one year of supervised release for embezzling more than $1.7 million from her employer, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. Turney was also ordered to pay restitution in the amount of $1,754,204.13.

Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in North Carolina, joins U.S. Attorney Ferguson in making today’s announcement.

“Turney was a trusted employee that pilfered money from an unsuspecting employer,” said U.S. Attorney Ferguson. “Her conduct was not a lapse in judgement; it was a prolonged and deliberate pattern of deceptive behavior that nearly destroyed a small business. Today’s sentence is a reminder that embezzlement is not a shortcut to riches, but a path to federal prison.”

According to court documents, from 2016 to 2023, Turney executed a scheme to defraud her employer, a small, family-owned business, by embezzling more than $1.7 million. Turney was in charge of the company’s financial matters, including bank accounts, payroll, accounts payables and receivables, and tax filings. During the scheme, Turney misused her access and control over the company’s bank accounts and books and records to write herself company checks, which she then deposited into bank accounts she controlled. Turney made over 1,000 unauthorized bank deposits to herself totaling over $1.7 million. Court documents show that Turney covered up the fraud by making false accounting entries in the company’s books and records. She also provided fraudulent information to the company’s tax return preparer and lied to the company’s owner and employees. As a result of Turney’s embezzlement scheme, the company continues to be impacted by the defendant’s theft.

On November 8, 2024, Turney pleaded guilty to wire fraud. She will be ordered to report the Federal Bureau of Prisons upon designation of a federal facility.

The case was investigated by the FBI.

Assistant U.S. Attorney Caryn Finley of the U.S. Attorney’s Office in Charlotte prosecuted the case. 

Former Corrections Officer Convicted of Committing Perjury After Making False Statements During an Investigation Into Use of Excessive Force at Prison

Source: US FBI

RALEIGH, N.C. – Richard Wargo, a former Sergeant at Pender Correctional Institution, pled guilty today to committing perjury before a federal grand jury in a civil rights investigation. Wargo, 37, faces up to 60 months in prison when sentenced later this year.

According to court documents and other information presented in court, the Federal Bureau of Investigation (FBI) began an investigation in 2022 into Pender Correctional Institution (PCI), in Burgaw, after receiving multiple allegations of officers using excessive force against inmates in the prior year.  During one incident, which occurred on November 17, 2021, PCI officers removed an inmate from a dorm room due to apparent intoxication and took him to a separate shipping and receiving building with no surveillance cameras.  The inmate was handcuffed and struck with a baton multiple times, resulting in lacerations on his legs and scarring.   

Wargo was working the night shift when the November 17, 2021, incident occurred and was tasked with preparing the incident report regarding the use of force.  In his report, Wargo omitted that he was present during or involved in the use of force. It was the prison’s policy that no one involved in the incident should prepare the incident report.

The FBI interviewed Wargo in August 2023.  When asked about the November 17, 2021, incident, Wargo described being the investigating officer but said he otherwise was in no way involved and was not even present for the use of force.  He appeared before a federal grand jury on August 22, 2023, and while under oath, gave the same account.  However, grand jury testimony from other officers and witnesses established that Wargo was present in the shipping and receiving building during the assault. Two officers testified that Wargo participated in the assault, striking the inmate with a baton, while another officer testified that he saw Wargo standing over the inmate.     

Wargo agreed to a second, audio recorded interview on February 26, 2024.  He again denied being present for or participating in the November 17, 2021, use of force incident.  But when confronted with evidence to the contrary, Wargo admitted that he had entered the shipping and receiving building during an ongoing use of force incident.  He further admitted that he had drawn his baton and witnessed other officers strike the inmate with batons.

Daniel P. Bubar, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge Terrence W. Boyle accepted the plea. The Federal Bureau of Investigation investigated the case.  Assistant U.S. Attorney Jake D. Pugh is prosecuting the case.

Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:24-cr-0043-BO.

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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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