Category: Security

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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.

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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.

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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.

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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)

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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.  

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Medical Billing Company Owner Sentenced for Health Care Fraud

Source: US FBI

ALBANY, NEW YORK – Scott Newcombe, age 41, of Plattsburgh, New York, was sentenced today to 1 year of probation, and ordered to pay $34,583.21 in restitution, for health care fraud.

Acting United States Attorney Daniel Hanlon; Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Naomi Gruchacz, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), New York Regional Office, made the announcement.

As part of his guilty plea, Newcombe admitted that from approximately April 2020 through April 2023, he acted as the office manager and health care claims biller for two physicians’ practices in Plattsburgh through a company that he formed called SJ Healthcare Management Services, LLC (SJHMS).  SJHMS charged a fixed monthly fee under which Newcombe performed various management, administrative, and billing services for the practices.  He admitted that he submitted false and fraudulent claims to public and private insurers on behalf of those practices for services that, in some instances, were never provided and, in other instances, were provided at lower reimbursement rates than the amounts billed.  For example, Newcombe admitted that he submitted claims to insurers for medical procedures that were purportedly performed by a provider on him but which, in fact, never occurred.

The FBI and HHS-OIG investigated this case.  Assistant U.S. Attorneys Michael D. Gadarian and Adam J. Katz prosecuted the case.

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Schenectady Man Pleads Guilty to Possessing with Intent to Distribute Fentanyl

Source: US FBI

ALBANY, NEW YORK – Terrell Bell, age 27, of Schenectady, New York, pled guilty today to possessing with intent to distribute fentanyl. Acting United States Attorney Daniel Hanlon and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Bell was on parole in January 2024 when law enforcement searched his home in Schenectady and discovered nearly 1,800 fentanyl pills in his bedroom and over $90,000 throughout the home.

At sentencing scheduled for July 9, 2025, Bell faces a minimum term of 5 years and a maximum term of 40 years in prison, a maximum fine of $5 million, and a term of supervised release after imprisonment of between 4 years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors. Bell has also consented to the forfeiture of the currency seized from his home.

FBI investigated this case with the assistance of the Schenectady Police Department. Assistant U.S. Attorney Mikayla Espinosa is prosecuting this case.