Category: Security

Source: US FBI

DAYTON, Ohio – A federal grand jury has indicted two brothers and their father, charging them with crimes related to conspiracies to distribute narcotics and obstruct justice. 

Chase Alexander Crump, 34, of Centerville, Colin Tanner Crump, 32, of Centerville, and Mark Crump, 56, of Englewood, were arraigned in federal court Monday and today.

Chase and Colin Crump are charged in a narcotics conspiracy punishable by at least 10 years and up to life in prison.

According to court documents, the brothers conspired to distribute more than two kilograms of methamphetamine, more than 100 grams of fentanyl analogue, and cocaine. It is alleged the drug trafficking took place between November 2023 and January 2024 in Miamisburg, Englewood, Franklin, Centerville and Cincinnati.

The brothers are also charged with maintaining a drug premises on River Downs Drive in Centerville. Law enforcement agents discovered approximately half a kilogram of fentanyl analogue at the residence. While executing a search warrant at the defendants’ parents’ house near Oberer Field in Englewood, agents discovered additional fentanyl and a firearm.

After the FBI arrested Chase and Colin Crump in January 2024, it is alleged they conspired with their father, Mark Crump, on jail calls to obstruct the investigation. For example, they allegedly conspired to destroy Chase Crump’s burner phone. All three defendants are charged with conspiring to obstruct justice, a crime punishable by up to 20 years in prison.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Cheryl Mimura, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Shawn Gibson, Acting Special Agent in Charge, Homeland Security Investigations Detroit; and members of the Warren County Drug Task Force announced the charges. Assistant United States Attorney Kelly K. Rossi is representing the United States in this case.

An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

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Source: US FBI

COLUMBIA, S.C. — Seneca Moore, 43, of Sumter was sentenced to 12 years in federal prison after pleading guilty to distribution of methamphetamine.

Evidence presented to the court showed that on July 28, 2020, Moore sold 112 grams of methamphetamine to FBI agents during an undercover operation. The initial meeting took place at Moore’s trucking business in Mayesville. Moore later left the location and texted the buyer to meet him in the parking lot of a local gas station where he sold 112 grams of meth with 99 percent purity to the FBI. During the sale, Moore spoke of the prices the meth could be sold for and of other drugs he could provide.

Further information presented to the court revealed that April 28, 2021, Moore conducted a second drug transaction at his trucking business. Law enforcement became aware of this transaction after the North Carolina State Bureau of Investigation and the FBI received information that a drug courier was headed to Sumter County from Alamance, N.C. to purchase a large amount of cocaine from Moore at his trucking business. Agents with the FBI contacted the Drug Enforcement Administration and the Sumter County Sheriff’s Office, who established surveillance in the area. Agents observed the courier arrive at Moore’s trucking business in a blue sedan and interact with Moore before leaving the location. DEA and Sumter County reported the information back to North Carolina and the Alamance Narcotics Enforcement Team, NCSBI, and DEA established surveillance in North Carolina and observed the same car arriving back in Alamance County. The Alamance County Sheriff’s Office performed a traffic stop on the vehicle and searched the vehicle after a narcotics K-9 alerted to the presence of drugs. Officers found 16.04 kilograms of cocaine in the trunk of the vehicle.

As a condition of Moore’s guilty plea, he was required to forfeit his interest in nine properties, 31 items of personal property, including vehicles, and his business inventory. Moore has a prior federal conviction for conspiracy to possess with intent to distribute crack cocaine.

United States District Judge Sherri A. Lydon sentenced Moore to 144 months imprisonment, to be followed by a five-year term of court-ordered supervision. There is no parole in the federal system.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

This case was investigated by the FBI Charlotte Field Office, the Drug Enforcement Administration, the North Carolina State Bureau of Investigation, the Alamance Narcotics Enforcement Team, the Alamance County Sheriff’s Office, the Sumter County Sheriff’s Office, and the Sumter Police Department. Assistant U.S. Attorney Lamar Fyall is prosecuting the case.

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Source: US FBI

CHARLOTTE, N.C. – Jermond Santa Lowery, Jr., 29, of Charlotte, appeared in federal court today and pleaded guilty to brandishing an AR-15 rifle during a restaurant robbery, announced Dena J. King, 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 King in making today’s announcement.

According to plea documents and court proceedings, on October 31, 2023, Lowery entered a Waffle House restaurant located in Charlotte. Upon entering the restaurant, Lowery brandished an AR-15 rifle and told the employees, “You better get back.” As the employees began to flee out of the restaurant’s back door, Lowery ordered them to come back and open the register. He also threatened the employees, telling them, “I’ll kill you right now.” Lowery then removed the cash register from the restaurant and left. Law enforcement arrested Lowery on November 1, 2023.

Lowery pleaded guilty to brandishing a firearm in furtherance of a crime of violence, which carries a minimum penalty of seven years and a maximum penalty of life in prison. Lowery remains in federal custody. A sentencing date has not been set.

The FBI and CMPD investigated the case.

Assistant U.S. Attorney Shavonn Bennette of the U.S. Attorney’s Office in Charlotte is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Source: US FBI

CHARLOTTE, N.C. – Aljihad Shabazz, 45, of Kernersville, N.C., was sentenced today to 52 months in prison followed by two years of supervised release for his role in a scheme that defrauded the North Carolina Medicaid Program (Medicaid) of more than $4.7 million, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, U.S. District Judge Frank D. Whitney also ordered Shabazz to pay $4,711,159.88 in restitution.

Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, Donald “Trey” Eakins, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, Charlotte Field Office (IRS-CI), and North Carolina Attorney General Josh Stein, who oversees the North Carolina Medicaid Division (MID), join U.S. Attorney King in making today’s announcement.

According to court records and the sentencing hearing, Shabazz was the owner and operator of Reign & Inspirations, LLC (R&I), a clinic that provided outpatient behavioral services in Greensboro and surrounding areas. Between 2017 and 2020, Shabazz conspired with other individuals to carry out an extensive health care fraud scheme involving the fraudulent submissions of fake reimbursement claims to Medicaid, for services that were never provided to Medicaid beneficiaries. Court records show that Shabazz obtained the personal identifying information (PII) of Medicaid beneficiaries through community outreach programs, including football and mentoring programs, and misused the beneficiaries’ PII to create and submit hundreds of fraudulent reimbursement claims and to receive payment for services that were never in fact provided by R&I. Over the course of the scheme, Shabazz used the beneficiaries’ PII to submit more than 1,500 fraudulent reimbursement claims to Medicaid, some of which claimed that R&I provided services that exceeded 24 hours in a single day.

Court records show that the reimbursement payments made by Medicaid were deposited in bank accounts under Shabazz’s control. Shabazz used a portion of the fraudulent proceeds to pay kickbacks to his co-conspirators and to cover personal expenses, including to pay for personal travel, luxury items, and timeshares, and to make cash withdrawals.

On June 14, 2023, Shabazz pleaded guilty to health care fraud conspiracy and money laundering conspiracy. He will be ordered to report to the Federal Bureau of Prisons upon designation of a federal facility.

In announcing Shabazz’s sentence, Judge Whitney stated that, “There are serious consequences for stealing from government funded programs such as Medicaid and Medicare.”

The FBI in Charlotte, IRS-CI, and NCDOJ’s Medicaid Investigations Division investigated the case.

Assistant U.S. Attorneys Michael E. Savage and Special Assistant U.S. Attorney Kristina Fleisch with the U.S. Attorney’s Office in Charlotte prosecuted the case.

 

Source: US FBI

WILMINGTON, N.C. – Michael Kenneth Cox, age 49, was sentenced to 74 months followed by three years of supervised release, for his role in a drug trafficking conspiracy and a procurement mail and wire fraud conspiracy. On March 24, 2024, Cox, who was employed by the Wayne County Sheriff’s Office (WCSO) from 1996 until he retired as the head of the drug unit in 2018, pled guilty to one count of conspiracy to distribute and possess with intent to distribute quantities of cocaine, methamphetamine, oxycodone, and marijuana. Cox also pled guilty to one count of conspiracy to commit wire and mail fraud with his co-defendant Christopher Worth in connection with contracts his business received from WCSO. On July 24, 2024, Worth also pled guilty to one count of conspiracy to commit wire and mail fraud. Worth is scheduled to be sentenced next month. Worth joined the Wayne County Sheriff’s Office (WCSO) in 1993 and most recently served as the Major of Enforcement where he was responsible for overseeing support services and the WCSO drug unit. Worth retired from this position in 2023.

The criminal activity of Cox and Worth were uncovered as part of a larger operation investigating the trafficking of methamphetamine and other drugs in Onslow, Craven and Wayne Counties that began in 2020. To date, 41 defendants, including Cox and Worth, have been convicted. Most recently, a federal jury convicted Tamarcus Ellis on three charges of trafficking methamphetamine. The operation has also netted the seizure of 36 firearms, 16 kilograms of methamphetamine, four kilograms of heroin, ¾ of a kilogram cocaine and 450 grams fentanyl – enough for more than 225,000 potentially lethal doses.

“What started as an investigation of drug trafficking in Eastern North Carolina, led us to public corruption in law enforcement. Michael Cox and his co-defendant both took the sacred oath to uphold the law and protect the public,” said U.S. Attorney Michael Easley. “The majority of our law enforcement officers abide their promise, but these two chose a different path. Instead, they entered into a conspiracy to profit from upfitting law enforcement vehicles and Cox joined a drug trafficking conspiracy with the criminals he was supposed to investigate.”

According to court documents and other information presented in Court, while Cox was a sheriff’s deputy, he helped two drug traffickers operating in Wayne County evade charges. Cox accomplished this by, among other things, providing protection under the ruse that they were confidential informants. This allowed Cox to provide them with sensitive law enforcement information and shield them from investigations. As a result of these efforts, the Goldsboro Police Department began to view one of the drug traffickers as “untouchable” due to his relationship with Cox. In exchange, Cox used the drug traffickers to supply him with Percocet and Oxycodone that he provided to other people.

For example, in 2017, Cox observed one of his protected drug traffickers making a purchase from the target of a Drug Enforcement Administration (DEA) investigation. Rather than arrest the trafficker, he seized the drugs and reimbursed him $2,000 for the sale and gave him another $200 as a “Confidential Informant fee,” claiming it had been a planned, controlled purchase.

Cox’s support of the drug traffickers went beyond his purchase of Percocet and Oxycodone. He arranged a cocaine transaction between the two protected drug traffickers when one of them was low on supply. One trafficker indicated that Cox approached him about conducting a home invasion of a location that was thought to contain a large amount of drug proceeds.  Just ten days later, a violent home invasion occurred there.

“Tonight, Michael Kenneth Cox will have a different view of prison bars. He will be looking out from the inside of a federal cell for the next six years. Law enforcement officers are entrusted with an incredible responsibility to serve our communities and ensure justice. Anyone who tarnishes their badge for their own profit will be held accountable,” said FBI Special Agent in Charge, Robert M. DeWitt. “The FBI will root out public corruption and defend the vast majority of hard-working officers who carry out their duties honestly and honorably.”

Even after his retirement from the Wayne County Sheriff’s Office, Cox continued his efforts to protect the drug traffickers. In 2019, a confidential informant working for the Wayne County Sheriff’s Office was shot, called 911, and informed the 911 operator that he had been shot by one of Cox’s protected drug traffickers. Cox found out about the shooting and contacted investigators that same night to provide an alibi for his protected drug trafficker. Cox then assisted the drug trafficker with obtaining a defense attorney. During a subsequent federal investigation of the shooting, Cox lied about his contacts with the protected drug trafficker following the shooting. In 2021, one of the protected drug traffickers was the target of a federal wiretap investigation. After finding a GPS device on his car, he called Cox and referenced his recent trips to Cox’s home for Oxycodone deliveries. Cox immediately contacted former colleagues within the Wayne County Sheriff’s Office to ask about the tracking device and then informed the protected drug dealer that it belonged to the ATF. After learning about the federal investigation, the protected drug dealer and his conspirators took steps to thwart the investigation.

This investigation was an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launders, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief United States District Judge Richard E. Myers II. The FBI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) are investigating the case and Assistant U.S. Attorneys Dennis Duffy and Nick Hartigan are 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. 5:23-CR-260.

Source: US FBI

CHARLOTTE, N.C. –The U.S. Attorney’s Office for the Western District of North Carolina will present a film screening and panel discussion on Thursday, September 26, 2024, from 6:30 p.m. to 8:00 p.m., at First Presbyterian Church of Charlotte. The U.S. Attorney’s Office is co-hosting the event as part of the Justice Department’s “United Against Hate” Week, taking place September 23 to 27, 2024.

The event will feature the documentary Repairing the World: Stories from the Tree of Life, which documents the Pittsburgh community’s response to the 2018 Tree of Life synagogue shooting. The documentary depicts the resilience, unity, and healing efforts of the community following the deadliest anti-Semitic attack in U.S. history. Through powerful storytelling and recollections shared by survivors, family members, and the community, the film explores the impact of hate crimes and the power of diverse people coming together after a devastating tragedy.

Following the film screening, representatives from the U.S. Attorney’s Office, the FBI in Charlotte, the Charlotte Mecklenburg Police Department, the Mecklenburg County District Attorney’s Office, and the Mecklenburg Metropolitan Interfaith Network will lead a panel discussion on hate crimes and the importance of reporting hate incidents to law enforcement. The panel will also share information on what individuals and communities can do to prevent and respond to acts of hate.

“Events like this help raise awareness about the impact of hate crimes,” said Dena J. King, U.S. Attorney for the Western District of North Carolina. “By sharing stories of loss, strength, and unity, we want to educate the public but also to facilitate a meaningful dialogue about hate crimes and taking a stand against hatred in all its forms. The United Against Hate initiative is part of my Office’s core mission to protect civil rights and increase the safety and security of individuals and communities across Western North Carolina.”

The Department of Justice launched the United Against Hate initiative in 2022, in response to the rising number of hate crimes across the country. The initiative brings together law enforcement, community organizations, and the public to address hate crimes through outreach and education and build trust with those most vulnerable to acts of hate.

In the Western District of North Carolina, the U.S. Attorney’s Office continues to actively engage with local communities since the initiative’s launch. Previous efforts have included a youth summit with Charlotte-Mecklenburg Schools, meetings with faith-based communities, and discussions focused on protecting houses of worship.

“While not all hate incidents rise to the level of a hate crime, the impact and trauma they can inflict is very real. Reporting these incidents allows law enforcement and prosecutors to investigate and take appropriate action when warranted,” said U.S. Attorney King. “My Office is committed to partnering with all communities to address their concerns. I also invite members of the community to join us in our efforts to make Western North Carolina a safer and more inclusive place for all.”

Event Details:

Date:         Thursday, September 26, 2024

Time:        6:30 PM to 8:00 PM 

Location:  First Presbyterian Church of Charlotte

                   Fellowship Hall

                   200 West Trade Street

                   Charlotte, North Carolina

The event is free and open to the public. Register at https://fpc.tiny.us/repairingtheworld.

For more information about the U.S. Attorney’s Office United Against Hate initiative please visit our website.

For immediate assistance or to report a hate crime please call 9-1-1. To file a report with the FBI please call 1-800-CALL-FBI or submit a tip at tips.FBI.gov. Also report suspected civil rights violations and hate crimes to the Civil Rights Division through the Justice Department’s toll-free line at 800-253-3931 or online at www.civilrights.justice.gov.

 

Source: US FBI

Distribution of Over $131 Million Brings Madoff Victim Recovery to Nearly 94% of Fraud Losses

Source: US FBI

Kwon Engaged in Extensive Fraud, Laundered Crime Proceeds, and Sought to Cover Up His Crimes After Terraform’s Cryptocurrencies Crashed

Source: US FBI

Today, at the federal courthouse in Brooklyn, Carmelo Polito, also known as “Carmine Polito,” a former acting captain and soldier in the Genovese organized crime family, was sentenced to 30 months in prison by United States District Judge Eric N. Vitaliano for racketeering in connection with operating an illegal gambling business at the Gran Caffé in Lynbrook, Long Island, and attempting to extort an individual who owed him money stemming from a separate online sports betting business.

Breon Peace, United States Attorney for the Eastern District of New York, James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI) and Anne T. Donnelly, Nassau County District Attorney, announced the sentence.

“Today’s sentence makes clear to the defendant that the outcome for participating in illegal gambling and making extortionate threats is the loss of something very valuable — your freedom,” stated United States Attorney Peace.  “Thanks to the outstanding work of prosecutors in my Office and law enforcement, the alliance of the Genovese and Bonanno organized crime families’ rackets was a bust.”

Mr. Peace expressed his appreciation to the New York City Police Department and the Nassau County Police Department for their invaluable assistance in the investigation.        

“The cards did not favor Carmelo Polito’s illicit gambling parlor or his extortionate methods,” stated FBI Assistant Director in Charge Dennehy.  “His illegitimate business and death threats financed the operations of two crime families.  May today’s sentencing reaffirm the FBI’s commitment to doubling down on all organized crime activity plaguing our communities.

“This defendant, along with other associates of the Genovese family, operated illegal gambling businesses in Nassau County that funneled money straight into organized crime,” stated District Attorney Donnelly.  “Extortion, threats, and violence have no place in Nassau County. I thank our partners at the U.S. Attorney’s Office and the FBI for their collaboration in dismantling this illicit operation and working to rid organized crime from our communities.”

Polito is a longtime, inducted member of the Genovese organized crime family. As detailed in earlier court filings, for years, numerous members and associates of the Genovese and Bonanno organized crime families operated several illegal gambling operations in the Eastern District of New York.  Beginning in at least May 2012, the Genovese and Bonanno families jointly operated a lucrative illegal gambling parlor concealed inside a coffee shop called the Gran Caffé in Lynbrook.  Polito and co-defendant Joseph Macario, also known as “Joe Fish,” on behalf of the Genovese crime family, and Anthony Pipitone, also known as “Little Anthony,” on behalf of Bonanno crime family, successfully negotiated a profit split for the gambling location, which ensured that each crime family benefited from the illegal gambling operation.  In addition to the Gran Caffé, the Genovese crime family—through Polito, Macario, Joseph Rutigliano, also known as “Joe Box,” Salvatore Rubino, also known as “Sal the Shoemaker,” and others—operated illegal gambling parlors at establishments called Sal’s Shoe Repair and the Centro Calcio Italiano Club.  Rutigliano and Rubino collected the proceeds for the Genovese crime family and distributed them up to higher ranking members, including Polito and Macario. Polito was surveilled distributing proceeds to higher ranking members on numerous occasions.

Polito and co-defendant Mark Feuer also operated an illegal online gambling scheme in which bets were placed on sporting events through a website called “PGWLines.”  In connection with his operation of PGWLines, Polito attempted to extort an individual who lost several thousand dollars in bets using death threats and other threats of violence.  For example, during a September 2019 call concerning the debtor, Polito instructed another individual to tell the debtor that Polito would “break” the debtor’s “face.” When the debtor still did not pay Polito, Polito instructed the same individual to relay a new message to the debtor: “Tell him I’m going to put him under the f——g bridge.”

Polito is the first defendant sentenced in this case and a related case against four members and associates of the Bonanno organized crime family of La Cosa Nostra.  Macario, Rutigliano, Rubino and Feuer are awaiting sentencing.   

The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Tanya Hajjar, Drew Rolle, Anna Karamigios and Sean M. Sherman are in charge of the prosecution, with the assistance of Paralegal Specialist Eleanor Jaffe-Pachuilo.

The Defendants:

CARMELO POLITO (also known as “Carmine Polito”)
Age:  64
Whitestone, Queens

Defendants Awaiting Sentencing:

JOSEPH MACARIO (also known as “Joe Fish”)
Age:  69
West Islip, Long Island

SALVATORE RUBINO (“Sal the Shoemaker”)
Age:  60
Bethpage, Long Island

JOSEPH RUTIGLIANO (also known as “Joe Box”)
Age:  65
Commack, Long Island

MARK FEUER
Age:  61
Oceanside, Long Island

E.D.N.Y. Docket No. 22-CR-356 (ENV)

Source: US FBI

Today, in federal court in Central Islip, Klaus Pflugbeil was sentenced by Judge Joan M. Azrack to 24 months’ imprisonment for conspiring to send trade secrets that belong to a leading U.S.-based electric vehicle company (Victim Company-1).  Pflugbeil, a resident of the People’s Republic of China (the “PRC” or “China”) and a Canadian and German national, and his co-defendant, Yilong Shao, who remains at large, are owners of a PRC-based business (Business-1) that sold technology used to make batteries, including batteries used in electric vehicles.  Pflugbeil and Shao, former employees of a company that was purchased by Victim Company-1, took trade secrets from their employer, and later used the trade secrets to build a business that they marketed as a replacement for Victim Company-1’s products.  Pflugbeil pleaded guilty in June 2024.

Breon Peace, United States Attorney for the Eastern District of New York, Matthew G. Olsen, Assistant Attorney General of the Justice Department’s National Security Division, and James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.

“The defendant built a business in China to sell sensitive technology that belongs to a U.S. company.  His actions were bold—he even advertised that he was selling the victim’s products—because he thought, incorrectly, that he was outside the reach of U.S. prosecutors,” stated United States Attorney Peace.  “Today’s sentencing sends a clear message to would-be offenders: my Office will do everything it can to protect American innovation and national security no matter where you try to hide.”

Mr. Peace expressed his appreciation to the Justice Department’s Computer Crime and Intellectual Property Section (CCIPS) and the Japanese authorities for their assistance on this case.

“In stealing trade secrets from an American electric vehicle manufacturer to use in his own China-based company, Pflugbeil’s actions stood to benefit the PRC in a critical industry with national security implications,” said Assistant Attorney General for National Security Matthew G. Olsen. “The Justice Department will mobilize every available resource to prevent our adversaries from advancing their global ambitions at the expense of U.S. national security.”

“Klaus Pflugbeil attempted to benefit a foreign economy through an unauthorized monopoly fueled by technology stolen from the United States. His actions blatantly violated the trust of his employer and the integrity of our country’s innovative technology. May today’s sentencing reiterate the FBI’s commitment to disrupting any conspiracy which threatens our national security and the balance of the global economic market,” stated FBI Assistant Director in Charge Dennehy.

Victim Company-1 is a U.S.-based leading manufacturer of battery-powered electric vehicles and battery energy systems.  In 2019, Victim Company-1 acquired a Canada-based manufacturer of automated, precision dispensing pumps and battery assembly lines (the “Canadian Manufacturer”).  Prior to its purchase by Victim Company-1, the Canadian Manufacturer sold battery assembly lines to customers who manufactured alkaline and lithium‑ion batteries for consumer use.  The battery assembly lines contained or utilized a proprietary technology now owned by Victim Company-1: continuous motion battery assembly (the “Battery Assembly Trade Secret”).  The proprietary technology provided a substantial competitive advantage to Victim Company-1 in the lithium-ion battery manufacturing process.

Both Pflugbeil and his co-defendant Shao are former employees of the Canadian Manufacturer, and Shao also worked for Victim Company-1.  As detailed in court documents, by no later than 2019, Pflugbeil and Shao planned to use Victim Company-1’s trade secrets for their own business activities.  Pflugbeil told Shao that he had “a lot of original documents” related to the technology and sought out more “original drawings” of the trade secrets.  Shao confirmed, among other things, that, “we have all of original assembly drawings by PDF.”

The conspirators took measures to obfuscate that they had stolen trade secrets. For example, Pflugbeil wrote to Shao about a document he created based on one that Shao had stolen from Victim Company-1, “[its] in a different format, so it looks very original and not like a copy.”

In or about July 2020, Pflugbeil joined Business-1, a company previously established by Shao, which has since expanded to locations in China, Canada, Germany and Brazil.  Business‑1 makes the same precision dispensing pumps and battery assembly lines that the Canadian Manufacturer developed.  The battery assembly technology is related to the development of electric vehicles that can compete with U.S.-made vehicles.  The potential for Chinese automakers to swamp the U.S. and global market with vehicles like those that can be built using this stolen technology presents a potential national security risk.

Business-1 was marketed by Pflugbeil as an alternative source for the sale of products that relied upon Victim Company-1’s trade secrets, publishing online advertisements on Google, YouTube and LinkedIn.  Pflugbeil repeatedly sent LinkedIn messages that named Victim Company-1 and said Business-1 was not infringing on any intellectual property:

Hello [name], I hope to get some of your busy time.  As I like to introduce our company to you.  We already have supplied companies such [a]s [list of U.S. Fortune 500 Companies by name] . . . We engineer and manufacture all of our products in-house, and we warrant that none of our products infringe any patents, copyrights, or other intellectual property rights of any third party.

(Emphasis added.)  The above reflects a blatant lie, told over and over—that Business-1’s products did not infringe on intellectual property rights of a third party.  Pflugbeil also advertised products based on stolen trade secrets on Google.  These ads were shown tens of thousands of times per week.

On or about September 11, 2023, undercover agents attended a trade show for the packaging and processing industries (the “Trade Show”) in Las Vegas, Nevada.  The undercover agents posed as businesspeople who were interested in purchasing a battery assembly line from Business-1 to manufacture batteries at a facility in Long Island, New York.  The undercover agents were introduced to Shao at the trade show and later to Pflugbeil via email.

Subsequently, on or about November 17, 2023, Pflugbeil sent, via email, a detailed 66-page technical documentation proposal (the “Proposal”) to an undercover agent (UC-1).  The Proposal noted, “this technical documentation package contains [Business-1] proprietary information which must be kept confidential.”  In reality, the Proposal contained Battery Assembly Trade Secret information belonging to Victim Company-1:  at least half a dozen drawings Pflugbeil used in the Proposal and sent to UC-1 were, in fact, Victim Company-1’s information related to the Battery Assembly Trade Secret.  The business proposal quoted the battery assembly line at costing over $15 million to purchase.

The investigation and prosecution were coordinated through the Justice and Commerce Departments’ Disruptive Technology Strike Force.  The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.

The government’s case is being handled by the Office’s National Security and Cybercrime Section and the Long Island Criminal Division.  Assistant United States  Attorneys Ellen H. Sise and Samantha Alessi are in charge of the prosecution, along with Trial Attorney Scott A. Claffee of the National Security Division’s Counterintelligence and Export Control Section with assistance from Paralegal Specialist Rebecca Roth.

The Defendant

KLAUS PFLUGBEIL
AGE: 59
NINGBO, CHINA

E.D.N.Y. Docket No. 24-CR-238