Charlotte Man is Sentenced to Prison for Robbing a Convenience Store at Gunpoint

Source: US FBI

CHARLOTTE, N.C. – Jonah Terrell Bryant, 29, of Charlotte, was sentenced today to seven years in prison followed by three years of supervised release for the armed robbery of a local convenience store, 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 court documents and information presented at court hearings, on August 18, 2022, at approximately 6:19 a.m., CMPD officers were dispatched to an armed robbery call at the Circle K convenience store located at 10000 N. Tryon Street, in Charlotte. The store clerk had called 911 to report the crime. When CMPD officers arrived at the scene, they spoke with the store clerk who said that the robber had walked up to the counter and asked to buy a cigar. When the store clerk put the cigar on the counter and rang up the sale, the robber pointed a firearm at the clerk and demanded money.  The store clerk told the robber that he didn’t have access to the safe. The robber then ordered the store clerk to open the drawer and proceeded to come around the counter and grab the money that was in the register.

According to filed court documents, during the investigation, law enforcement used video surveillance footage to identify Bryant’s white Dodge Charger and a fingerprint recovered from the scene to determine the robber’s identity. CMPD officers arrested Bryant on August 26, 2022, while he was driving the white Dodge Charger. In the front center console of the vehicle, law enforcement found a black 9mm semi-automatic pistol with a round in the chamber and rounds in the attached magazine.

On October 26, 2023, Bryant pleaded guilty to possession and brandishing of a firearm in furtherance of a crime of violence. Bryant is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.

The FBI and CMPD investigated the case.

Assistant U.S. Attorney David Kelly of the U.S. Attorney’s Office in Charlotte prosecuted the case.

 

Mooresville Man Pleads Guilty to Federal Charges for Multimillion-Dollar Investment Scheme and COVID-19 Fraud

Source: US FBI

CHARLOTTE, N.C. – Steven Andiloro, 53, of Mooresville, N.C., pleaded guilty today to securities fraud and wire fraud for orchestrating a multimillion-dollar investment fraud scheme and fraudulently obtaining more than $2.6 million in COVID-19 relief funds, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.

Jason Byrnes, Special Agent in Charge of the United States Secret Service, Charlotte Field Office, Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in North Carolina, and Hannibal “Mike” Ware, Inspector General of the Small Business Administration, Office of Inspector General (SBA-OIG), join U.S. Attorney King in making today’s announcement.

According to the plea agreement and documents filed in the case, from 2018 to 2021, Andiloro operated an investment fraud scheme and induced victims to invest money in businesses that were both real and fictitious, by making false representations about where and how the money would be invested. For example, some of Andiloro’s victims were told their money would be invested into his car service business. Other victims believed their money would be invested into a non-existent marijuana dispensary business. Contrary to representations made to victims, Andiloro did not invest the money as promised. Instead, Andiloro used the funds to pay for personal expenses and to make Ponzi-style payments to other investors.

In addition to the investment scheme, Andiloro also engaged in COVID-19 fraud. Court records show that, from April 2020 to March 2021, Andiloro obtained funds from the Paycheck Protection Program (PPP) by submitting fraudulent applications for disaster relief loans intended for businesses that suffered economic hardship due to the pandemic. To obtain the PPP funds, Andiloro submitted applications that contained false financial information about his businesses, including fake employment data and inflated revenues, costs, and payroll expenses. Andiloro received more than $2.6 million in disaster relief funds, which he used to fund his personal lifestyle and to make payments in furtherance of the investment fraud scheme.

Andiloro was released on bond. The securities fraud and the wire fraud offense each carry a maximum prison sentence of 20 years. A sentencing date has not been set.

In making today’s announcement, U.S. Attorney King thanked the U.S. Secret Service, the FBI, and the SBA-OIG for the investigation which led to the charges.

Assistant U.S. Attorneys Graham Billings and Katherine Armstrong with the U.S. Attorney’s Office in Charlotte are prosecuting the case.

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

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

Insurance Mogul Pleads Guilty to $2 Billion Fraud and Money Laundering Scheme

Source: US FBI

CHARLOTTE, N.C. – A Florida man pleaded guilty today to conspiracy to commit offenses against the United States and conspiracy to commit money laundering in connection with a scheme to defraud insurance regulators and policyholders through a web of companies based in North Carolina, Bermuda, Malta, and elsewhere, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.

According to court documents, from no later than 2016 through at least 2019, Greg Lindberg, 54, of Tampa, conspired with others to defraud various insurance companies, other third parties, and ultimately thousands of insurance policyholders. Lindberg and others conspired to deceive the North Carolina Department of Insurance and other regulators, evaded regulatory requirements meant to protect policyholders, concealed the true financial condition of his companies, and improperly used insurance company funds for his personal benefit. Lindberg and his co-conspirators caused companies he controlled to invest more than $2 billion in loans and other securities with his own affiliated companies and laundered the proceeds of the scheme. As set forth in the indictment, Lindberg directed the scheme and personally benefitted from the fraud in part by “forgiving” more than $125 million in loans to himself from the insurance companies that he controlled.

To carry out the conspiracies, Lindberg and others engaged in circular transactions among Lindberg’s web of entities using insurance company funds and made and caused to be made various materially false and misleading statements and representations to and omitted material information from regulators, various ratings agencies, insurance companies, insurance policyholders, and others regarding these transactions.

As a result of Lindberg’s conduct, his insurance companies, third-party entities, and policyholders suffered substantial financial hardship, and some of his insurance companies have been placed in rehabilitation and liquidation.

“Greg Lindberg and his co-conspirators misused $2 billion of company funds in their international scheme to defraud corporate victims, regulators, and policyholders,” said Principal Deputy Assistant Attorney General Nicole Argentieri, head of the Justice Department’s Criminal Division. “Thousands of policyholders suffered substantial financial hardship as a result of Lindberg’s fraud scheme, which left multiple companies in or on the brink of liquidation. The Justice Department will not hesitate to hold corporate executives accountable when they threaten critical sectors of the economy, like the insurance industry, to enrich themselves.”

“Lindberg created a complex web of insurance companies, investment businesses, and other business entities and exploited them to engage in millions of dollars of circular transactions. Lindberg’s actions harmed thousands of policyholders, deceived regulators, and caused tremendous risk for the insurance industry,” said U.S. Attorney King. “Today’s guilty plea affirms our commitment to protecting the public from predatory financial schemes and bringing to justice those who betray public trust for personal gain.”

“Lindberg’s elaborate network of investments, insurance companies, and financial deals was designed to exploit the insurance system and drain millions from policyholders to enrich himself at the public’s expense,” said Special Agent in Charge Robert M. DeWitt of the FBI Charlotte Field Office. “The FBI remains steadfast in our commitment to root out financial fraud.”

Lindberg pleaded guilty to one count of conspiracy to commit offenses against the United States, including wire fraud, investment adviser fraud, and crimes in connection with insurance business, and one count of money laundering conspiracy. He faces a maximum penalty of five years in prison on the conspiracy to commit offenses against the United States count and 10 years in prison on the money laundering conspiracy count. In addition to pleading guilty to these charges, on May 15, following a retrial, Lindberg was convicted by a federal jury in Charlotte of conspiracy to commit honest services wire fraud and bribery concerning programs receiving federal funds for orchestrating a bribery scheme involving independent expenditure accounts and improper campaign contributions, aimed at bribing the elected North Carolina Commissioner of Insurance to influence the regulation of Lindberg’s insurance companies. A sentencing date has not yet been set. A federal district court judge will determine Lindberg’s sentence in both cases after considering the U.S. Sentencing Guidelines and other statutory factors in each case. Lindberg was remanded into the custody of the United States Marshals.

In December 2022, one of Lindberg’s top executives, Christopher Herwig, pleaded guilty in a related case to conspiring with Lindberg and others to commit offenses against the United States, including wire fraud, investment advisor fraud, and money laundering, as well as to the making of false statements in the business of insurance. Herwig is also awaiting sentencing.

The FBI Charlotte Field Office is investigating the case. The Securities and Exchange Commission’s Chicago Regional Office provided valuable assistance to the investigation.

Assistant U.S. Attorneys Dan Ryan and Taylor Stout for the Western District of North Carolina and Trial Attorney Lyndie Freeman of the Criminal Division’s Fraud Section are prosecuting the case.

South Carolina Woman Pleads Guilty to $1.7 Million Embezzlement Scheme

Source: US FBI

CHARLOTTE, N.C. – Kristin Turney, 54, of Catawba, South Carolina, pleaded guilty in federal court today to wire fraud for embezzling more than $1.7 million from her employer, 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) in North Carolina, joins U.S. Attorney King in making today’s announcement.

According to court documents, from 2016 to 2023, Turney executed a scheme to defraud her employer, a Charlotte-based company, 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. As part of the scheme, Turney misused her access and control over the company’s bank accounts and books and records to write company checks to herself without proper approval or authorization and then deposited the checks into bank accounts under her control. As a result, Turney caused at least 1,000 fraudulent and unauthorized deposits totaling more than $1.7 million to be made from the bank account of the victim company to Turney’s bank account. Turney then covered up the fraud by, among other things, making false accounting entries in the company’s books and records, providing false information to the company’s tax return preparer, and giving false information to the company’s owner and employees. Turney generally spent the embezzled funds to pay for personal expenses, that included hundreds of thousands of dollars in shopping trips, car payments, mortgage payments, tuition payments, and vacation expenses.

The wire fraud charge carries a maximum sentence of 20 years in prison and a $250,000 fine.

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

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

 

 

Nurse Practitioner Sentenced to Five Years in Prison for $11.2 Million Disability Loan Fraud Scheme

Source: US FBI

Danielle R. Sassoon, the United States Attorney for the Southern District of New York, announced that CATHERINE SEEMER, a nurse practitioner who stole the identities of 12 medical doctors and orchestrated an $11.2 million disability loan fraud scheme, was sentenced today by U.S. District Judge Cathy Seibel to five years in prison. 

U.S. Attorney Danielle R. Sassoon said: “Today, Catherine Seemer has been held accountable for defrauding a federal loan forgiveness program created to help ease the financial burden of those who suffer from permanent physical or mental disabilities, including military veterans who endure service-related disabilities.  Seemer used the stolen identities of a dozen medical doctors to falsify disabilities and cause more than $11.2 million in loans to be fraudulently discharged.  This Office remains dedicated to rooting out fraud and abuse of taxpayer-funded government programs.”

According to the allegations contained in the Complaint, Information, and statements made in court:

From June 2017 through March 2022, SEEMER orchestrated a scheme to cause the fraudulent discharge of millions of dollars’ worth of student loans for borrowers who did not qualify for relief under the federal Total and Permanent Disability Discharge Program and its private analogue.  As part of the scheme, SEEMER deceived over 125 borrowers into believing they qualified for various forms of student loan relief and charged them fees to facilitate their loan discharge process.  She then used the personal identifying information of the unsuspecting borrowers to submit fraudulent applications for student loan discharge on the basis of non-existent permanent physical and mental disabilities.  In support of these applications, SEEMER used the stolen identities, medical license numbers, and forged signatures of over a dozen medical doctors to falsify medical diagnoses and disability certifications.  The scheme resulted in the wrongful discharge of over approximately $11.2 million in loans under the disability-based relief programs.  

*               *                *

In addition to the prison term, SEEMER, 44, of Elmsford, New York, was sentenced to three years of supervised release and ordered to pay restitution in the amount of $635,352.

Ms. Sassoon praised the outstanding investigative work of the Federal Bureau of Investigation and the U.S. Department of Education, Office of Inspector General. 

The case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorney Qais Ghafary is in charge of the prosecution.

Two Individuals Charged with Running a Fencing Operation for South American Theft Groups in Manhattan’s Diamond District

Source: US FBI

Defendants Allegedly Received Luxury Items Linked to Burglaries Across Multiple States

Earlier today, at the federal court in Brooklyn, an indictment was unsealed charging Dimitriy Nezhinskiy and Juan Villar with conspiracy to receive stolen property related to their purchasing of stolen goods that traveled across state lines. The defendants were arrested today, Nezhinskiy in New Jersey and Villar in Manhattan. They will be arraigned tomorrow before United States Magistrate Judge Lara K. Eshkenazi.

John J. Durham, 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), Jessica S. Tisch, Commissioner, New York City Police Department (NYPD) and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD) announced the charges.

“As alleged, the defendants created an illicit market and fueled demand for burglaries by South American Theft Groups and other crews around the country by purchasing stolen watches, jewelry and other luxury items, and then re-selling them in their New York City store,” stated United States Attorney Durham.  “My Office will continue to pursue organized groups who engage, enable, or encourage the pillaging of residential homes and businesses that has a corrosive effect on the sense of security in our communities.”

“For almost five years, Dimitriy Nezhinskiy and Juan Villar allegedly served as unlawful brokers to perpetuate the sale of stolen luxury items by purchasing them from burglary crews. The defendants’ alleged actions incentivized highly organized South American Theft Groups to continue their meticulous looting scheme against a myriad of affluent residences and businesses across the country. With our law enforcement partners, the FBI will continue to dismantle any criminal activity curated to capitalize on victims’ losses and establish an economic demand for ill-obtained merchandise within our city,” stated FBI Assistant Director in Charge Dennehy.

“We will not tolerate crime of any kind in New York, whether it be street crime, retail theft, or these organized operations that target residential homes to steal and resell luxury goods,” said NYPD Commissioner Tisch.  “Today’s indictment is the result of our strong work with our law enforcement partners and our commitment to cracking down on these crime rings that threaten our communities.”

“We want to thank our partners in federal law enforcement for this collaborative effort to bring this criminal to justice,” stated NCPD Commissioner Ryder. “The men and women of the Nassau County Police Department, particularly the dedicated Detectives of the Major Case Squad, work tirelessly to investigate crimes and arrest those who prey upon our citizens.”

As alleged in the indictment, between approximately 2020 and 2025, the defendants conspired with each another and others to receive and purchase stolen property, including jewelry, watches, handbags and assorted luxury items that had been stolen outside of the state of New York and transported into New York.  As detailed in court filings, Nezhinskiy and Villar regularly served as “fences” for burglary crews based out of South America who traveled around the United States committing burglaries, typically targeting wealthier neighborhoods or jewelry vendors, and stealing luxury accessories. Nezhinskiy and Villar’s operation provided an essential market for the stolen goods, perpetuating the dangerous criminal activities of the burglary and theft crews composed largely of foreign nationals.

For example, evidence links Nezhinskiy and Villar to thefts around the country, including crimes committed by Bryan Leandro Herrera Maldonado, a prolific burglar who committed at least 16 residential burglaries across the United States between 2019 and 2020.  Additionally, phone records and video surveillance links Nezhinskiy to at least two members of a four-man burglary crew believed to be involved in the December 9, 2024 burglary of a high-profile athlete in Ohio, and showed Nezhinskiy in contact with that crew less than one week before the burglary in Ohio.

In addition, between October 2022 and January 2024, an undercover detective conducted seven controlled sales of purported stolen property, including high-end handbags and luxury accessories, to Nezhinskiy or Villar, or both, at their business location in Manhattan’s Diamond District.  During these controlled sales, the undercover detective provided the defendants with items that the undercover told the defendants had been stolen, and received cash in exchange for the stolen goods.

Today, law enforcement executed a search warrant at the location on 47th Street in Manhattan where Nezhinskiy and Villar operate a pawn shop and seized large quantities of suspected stolen property, including dozens of high-end watches and jewelry. Law enforcement also recovered large quantities of cash and marijuana.  Simultaneously, law enforcement executed a search warrant at storage units belonging to Nezhinskiy in New Jersey where an additional cache of suspected stolen property was found.  From inside Nezhinskiy’s storage units, law enforcement recovered large quantities of luxury goods and clothing, including high-end handbags, wine, sports memorabilia, jewelry, artwork and power tools consistent with those commonly used in burglaries and opening safes.

The charges in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty.  If convicted of receipt of stolen goods, the defendants face up to 10 years in prison.

The government’s case is being handled by the Criminal Section of the Office’s Long Island Division and the Office’s General Crimes Section.  Assistant United States  Attorneys Michael R. Maffei, Katherine P. Onyshko and Sean M. Sherman are in charge of the prosecution.

The Defendants:

DIMITRIY NEZHINSKIY
Age:  43
North Bergen, New Jersey

JUAN VILLAR
Age:  48
Queens, New York

E.D.N.Y. Docket No. 25-CR-40 (WFK)

Member of Al Qaeda in the Arabian Peninsula Sentenced to 44 Years in Prison for Terrorism Offenses

Source: US FBI

Minh Quang Pham Traveled to Yemen and Received Military Training from AQAP to Commit a Suicide Attack at Heathrow International Airport

Danielle R. Sassoon, the United States Attorney for the Southern District of New York; Devin DeBacker, the Head of the National Security Division of the United States Department of Justice; and Sanjay Virmani, the Special Agent in Charge of the Counterterrorism Division of the Washington Field Office of the Federal Bureau of Investigation (“FBI”), announced today that MINH QUANG PHAM, a/k/a “Amin,” 41, was sentenced to 44 years in prison for terrorism charges based on Pham’s support of al Qaeda in the Arabian Peninsula (“AQAP”), a designated foreign terrorist organization, including attempting to commit a suicide bombing at Heathrow International Airport (“Heathrow Airport”).  On May 11, 2023, PHAM pled guilty to providing and attempting to provide material support to AQAP and participating in a conspiracy to do the same; conspiring to receive military-type training from AQAP; and providing and attempting to provide material support for acts of terrorism.  Today’s sentence was imposed by U.S. District Judge Richard M. Berman.

U.S. Attorney Danielle R. Sassoon said:  “Minh Quang Pham’s actions were not just an affront to the safety of this country, but to the principles of peace and security that we hold dear. Today’s sentencing underscores our collective resolve to stop terrorism before it occurs, and place would-be terrorists in prison.”

Head of the Justice Department’s National Security Division Devin DeBacker said: “The defendant was sentenced for an attempt to commit an act of terrorism and plotting a suicide bombing on behalf of AQAP. The Justice Department will not rest in seeking justice for acts of terrorism and will continue to thwart any attempt to jeopardize global security.”

FBI Special Agent in Charge Sanjay Virmani said: “Pham pledged an oath of loyalty to al-Qaida in the Arabian Peninsula and received military training from AQAP as part of his plot to commit a suicide bombing on the organization’s behalf. This case is a reminder of the relentless terrorism threats targeting the U.S., our citizens, and our interests abroad. We thank our international partners for their collaboration over the last 15 years, particularly the U.K.’s Crown Prosecution Service, Metropolitan Police Service, and New Scotland Yard. Their work prevented Pham from conducting a terrorist attack at Heathrow Airport and later helped lead to his conviction in the U.S.”

According to the indictments, extradition materials, court filings and statements made at related court proceedings, including today’s sentencing:

In December 2010, PHAM informed others that he planned to travel to Ireland while residing in London. From Ireland, he traveled to Yemen, the principal base of operations for AQAP. PHAM traveled to Yemen in order to join AQAP, to wage jihad on behalf of AQAP and to martyr himself for AQAP’s cause. After arriving in Yemen, he swore an oath of loyalty to AQAP in the presence of an AQAP commander.

While in Yemen in 2010 and 2011, PHAM provided assistance to and received training from Anwar al-Aulaqi, a U.S.-born senior leader of AQAP.  Al-Aulaqi advised PHAM to return to the United Kingdom for the purpose of finding and making contact with individuals who, like PHAM, wanted to travel to Yemen to join AQAP.  Al-Aulaqi also provided PHAM with money, as well as a telephone number and e-mail address that PHAM was to use to contact al-Aulaqi upon his return to the U.K.  In addition, PHAM exchanged his laptop computer with al-Aulaqi, who provided him with a new “clean” laptop to take with him when he returned to the U.K. so that the authorities would not find anything if they searched his computer.

In or about June 2011, prior to his departure from Yemen, PHAM approached al-Aulaqi about conducting a suicide attack whereby he would “sacrifice” himself on behalf of AQAP. Al-Aulaqi personally taught PHAM how to create a lethal explosive device using household chemicals and directed PHAM to detonate such an explosive device at the arrivals area of Heathrow following PHAM’s return to the U.K. in 2011.  Al-Aulaqi instructed PHAM to carry an explosive in a concealed backpack and target the area where flights arrived from the U.S. or Israel.  During this time, PHAM made videos depicting his preparation to carry out that attack.  In one video, PHAM is shown wiring an electrical device for the use of making an explosive device; in another, he sketches an explosive device to be contained in a backpack; and in a third, PHAM wears a backpack with wiring for explosives on it, which he turns on in the video.

Also during this time, in or about June or July 2011—shortly before PHAM returned from Yemen to the U.K.—PHAM recorded a video in which he attempted to recruit and encourage individuals in the West to engage in violent jihad abroad or in their home countries; in this video, he also expresses a desire to martyr himself.  At the outset of this video, consisting of an approximately 13 minute-long monologue, PHAM states that, “America itself is not fighting a war with a group or an organization, they are fighting with the army of Allah, the believers.”  He continues, in part, “We have that opportunity, that ability to be in their midst, in their land . . . and I advise the brothers inshallah to, whatever you can, to gather and prepare and strike the enemy in their own land . . . The saying, a thousand cuts, you hit them with as much as you can until inshallah the enemy will bleed to death.”  During his time in Yemen, PHAM also assisted with the preparation and dissemination of AQAP’s propaganda magazine, Inspire. PHAM, who has college degrees in both graphic design and animation, worked directly with now-deceased U.S. citizen Samir Khan, who was a prominent member of AQAP responsible for editing and publishing Inspire.

PHAM also received a six-page document entitled “Your Instructions” from al-Aulaqi in Yemen, which provided detailed instructions on how PHAM was to commit his suicide attack at Heathrow.  The document from al-Aulaqi instructed PHAM, “[d]o not do anything for the first three months” and “[y]ou should target Christmas/ New Year season[.]”  The instructions from al-Aulaqi provided explicit direction about the importance of using shrapnel to kill as many people as possible, including that “[t]he proper use of shrapnel is as important as the main charge itself.  The detonation wave from a main charge of AP by itself is most likely not going to cause the death of anyone except those who are in its immediate vicinity.  It is the shrapnel that would do the job.  You may imagine this IED as a shotgun that is firing in all directions.”  The document therefore instructed PHAM to take “special care” with the “proper arrangement and choice of shrapnel,” and to “poison” it to inflict maximum death.

On July 27, 2011, PHAM returned to the U.K.  Upon his arrival at Heathrow, U.K. authorities detained PHAM, searched him, and recovered various materials from him, including a live round of 7.62mm caliber armor-piercing ammunition, which is consistent with ammunition that is used in a Kalashnikov assault rifle, a type of weapon for which PHAM received training from AQAP in Yemen.  U.K. authorities released PHAM and cautioned him for his possession of the live round of ammunition, before, in December 2011, arresting him pursuant to their authorities under U.K. immigration law.  In searches of PHAM’s residence, other locations, and vehicles, U.K. authorities recovered several pieces of electronic media.  Among other things, a forensic analysis of PHAM’s electronic media showed that he was accessing speeches and writings of al-Aulaqi as late as December 2011—months after PHAM’s return to the U.K.   

On May 24, 2012, a grand jury returned an indictment charging Pham with terrorism offenses and U.S. authorities sought Pham’s extradition from the United Kingdom.  He was provisionally arrested with a view towards extradition on June 29, 2012, and he was extradited to the United States on February 26, 2015.  On January 8, 2016, Pham pled guilty to terrorism offenses related to certain of the same underlying conduct.  On May 27, 2016, Pham was sentenced by U.S. District Judge Alison J. Nathan principally to a term of 40 years in prison.  On September 12, 2017, the U.S. Court of Appeals for the Second Circuit affirmed Pham’s conviction and sentence.  Thereafter, Pham made a motion that, based on intervening Supreme Court decisions, resulted in the vacatur of one of the counts of his conviction. Ultimately, the Government, with Pham’s consent, moved to vacate Pham’s earlier convictions.  On April 8, 2021, a grand jury returned a superseding indictment, reinstating certain charges and filing other new charges against Pham, and which formed the basis for Pham’s May 11, 2023 guilty plea and conviction.

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In addition to the prison term, PHAM, 41, was also sentenced to life term of supervised release and a $400 special assessment.

Ms. Sassoon praised the extraordinary investigative work of the FBI’s Washington Field Office.  She also expressed her gratitude to the FBI’s New York Joint Terrorism Task Force for the critical role it played in the investigation and prosecution.  Ms. Sassoon also thanked the Department of Justice’s National Security Division and Office of International Affairs for their significant assistance, as well as the Metropolitan Police Service/SO 15 Counter Terrorism Command at New Scotland Yard, the Crown Prosecution Service, and the Home Office for their cooperation in the investigation, extradition and prosecution.

This prosecution is being handled by the Office’s National Security and International Narcotics Unit.  Assistant U.S. Attorney Jacob H. Gutwillig is in charge of the prosecution, with assistance from Trial Attorney John Cella of the National Security Division’s Counterterrorism Section.

Former NYC Fraud Investigator Sentenced to Prison for Stealing Homeless Victims’ Identities to Apply for Unemployment Benefits

Source: US FBI

NYC Fraud Investigator Stole Victim Information from Department of Homeless Services Database and Conspired to Fraudulently Apply for Unemployment Insurance Benefits in Victims’ Names

Earlier today, in federal court in Brooklyn, defendant Olabanji Otufale, a former New York City Department of Homeless Services fraud investigator, was sentenced by United States District Judge Kiyo A. Matsumoto to 27 months in prison for conspiracy to commit wire fraud and aggravated identity theft.  Otufale and co-conspirator Marc Lazarre pleaded guilty in July 2024. 

John J. Durham, 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 Jocelyn Strauber, Commissioner, New York City Department of Investigation (DOI) announced the sentence.

“The defendant abused his position of trust as a fraud investigator to access and steal vulnerable homeless victims’ personal identifying information for his personal benefit,” stated United States Attorney John J. Durham.  “Otufale betrayed the public trust and conspired to use his access for illicit financial gain.  Today’s sentence should serve as a lesson to this defendant and all public employees that exploiting positions of power for personal financial gain will be punished.”

“Olabanji Otufale exploited his position within the Department of Homeless Services to steal the identities of homeless individuals and furtively reaped their allocated social services benefits. These abhorrent actions violate the trust and expected privacy placed in local agencies responsible for storing sensitive information. The FBI will never tolerate public service employees who prey upon our city’s vulnerable populations for fiscal profits,” stated FBI Assistant Director in Charge Dennehy.

DOI Commissioner Jocelyn E. Strauber said, “The defendant, a City fraud investigator with the Department of Homeless Services, had a duty to protect DHS and the vulnerable New Yorkers it serves from fraud.  Instead, he used his access and position to steal personal information of applicants for social services, in a scheme to illegally obtain unemployment benefits. The sentence imposed today makes clear that we and our law enforcement partners will hold accountable those who misuse their City positions for personal profit.  I thank the United States Attorney’s Office for the Eastern District of New York and the FBI for their continued partnership in the effort to protect critical public funds.”

In the fall of 2020, Otufale conspired with others to steal the personal identifying information of more than ten homeless individuals and use that stolen information to fraudulently apply for unemployment insurance benefits in the names of those homeless individuals without their knowledge or consent.

At the time of the scheme, Otufale was a fraud investigator with the New York City Department of Homeless Services (the Department).  In that role, Otufale was responsible for ensuring individuals who applied for homeless services—such as housing in homeless shelters—were qualified to receive services from the Department.

Otufale, however, used his access to a database maintained by the Department to commit fraud himself, stealing the personal identifying information—names, social security numbers, dates of birth—of vulnerable victims who had given that personal information to the Department when they applied for services.  Otufale then texted this victim information to a co-conspirator, Marc Lazarre, who applied online for unemployment benefits in the names of the homeless victims. Otufale and Lazarre conspired to split the fraudulent benefits they received.  Lazarre is scheduled to be sentenced on March 4, 2025.

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorneys Sara K. Winik, Laura Zuckerwise and Katherine P. Onyshko are in charge of the prosecution, with assistance from Paralegal Specialist Nadya Osman.

The Defendants:

Olabanji Otufale
Age: 41
Brooklyn, NY

Marc Lazarre
Age: 39
Secaucus, NJ

E.D.N.Y. Docket No. 24-CR-170 (KAM)

Three Defendants Convicted of Killing a Security Guard and Wounding Three Others During the Armed Robbery of a Gambling Location in Brooklyn

Source: US FBI

Earlier today, a federal jury in Brooklyn convicted Charles Powell, Brian Castro and Musah Coward on four counts of a superseding indictment charging them with the firearm-related murder of Rodney Maxwell, discharging a firearm during a crime of violence, Hobbs Act robbery conspiracy and Hobbs Act robbery. Powell was also convicted of being a felon in possession of ammunition.  The charges stem from an armed robbery carried out by the defendants inside an illegal gambling spot located at 181 Hegeman Avenue in the Brownsville section of Brooklyn.  The verdict followed a three-week trial before U.S. District Judge Eric R. Komitee. When sentenced, the defendants each face a sentence of up to life in prison, with a mandatory minimum sentence of 10 years in prison.

John J. Durham, 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 Jessica S. Tisch, Commissioner, New York City Police Department (NYPD), announced the verdicts.

“Today’s verdict delivers justice for the victims of this vicious and senseless crime that was driven by greed and carried out with a complete disregard for human life,” stated United States Attorney Durham. “The defendants are responsible for murdering Rodney Maxwell, who was gunned down in cold blood, and the carnage could have been even worse with the wanton shooting of terrified bystanders. I commend the prosecutors in my Office, our law enforcement partners and the jury for holding the defendants accountable for this violent robbery.”

The evidence at trial proved that the defendants planned and carried out an armed robbery of an illegal gambling spot in Brownsville on October 7, 2020.  The defendants were driven to the Brooklyn location from New Jersey by Coward.  Powell and Castro entered the location while Coward waited outside in the car.  During the robbery, Powell and Castro each shot Maxwell, who had been providing security for location.  Castro shot Maxwell once in the back with a 9-millimeter pistol; and Powell shot him once in the chest with a .380 caliber pistol.  Maxwell later died from his gunshot wounds.  In addition, Powell indiscriminately fired into a crowd of individuals as they desperately attempted to escape the violence, hitting three men, all of whom ultimately survived their wounds. Castro later confessed to the robbery and murder to a friend who, unbeknownst to Castro, was a confidential source for the FBI and recorded the conversation.  In the recording, Castro described how the defendants made off with thousands of dollars and mocked the sound that Maxwell made when he was fatally shot.

Powell, who has a prior conviction in New Jersey for felony possession of a weapon, was found guilty by the jury of possessing three .380 caliber cartridges on October 7, 2020 corresponding to the shots he fired at the gambling spot.

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Andy Palacio, Raffaela Belizaire and Megan Larkin are in charge of the prosecution, with the assistance of Paralegal Specialist Theodore Rader.

The Defendants:

CHARLES POWELL (also known as “Payback”)
Age:  26
Newark, New Jersey

BRIAN CASTRO (also known as “Morenaje”)
Age:  24
Paterson, New Jersey

MUSAH COWARD (also known as “General Mecka” and “Red” and “General Red”)
Age:  33 
Paterson, New Jersey

E.D.N.Y. Docket No. 21-CR-572 (EK)

Rochester Woman Arrested, Charged with Bilking Elderly Landlord Out of Tens of Thousands of Dollars

Source: US FBI

ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Nahtahna Castner, 45, of Rochester, NY, was arrested and charged by criminal complaint with wire fraud, bank fraud, and aggravated identity theft. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Nicholas M. Testani, who is handling the case, stated that according to the complaint, between July 2020, and February 2023, Castner gained the trust of an elderly Victim in her mid-90’s who allowed her into her home. The Victim owned a duplex and lived on one side, while Castner lived on the other side. Using her position of trust, Castner gained access to the Victim’s personal identifying information and banking information. She then withdrew large sums of cash from ATM’s, often close to the daily ATM limit, conducted wire transfer peer-to-peer payments to her own personal bank account, and made unauthorized purchases using the Victim’s debit card. The complaint states that Castner defrauded the Victim out of approximately $252,672.97 from two different banking institutions. In addition, Castner also used the Victim’s personal identifying information to complete at least three unauthorized credit card applications, which were approved with  credit limits of $2,000, $600, and $500. Castner then used the credit cards and defrauded the three financial institutions out of approximately $3,668.11. Castner used the money she stole from the Victim on a variety of purchases, such as travel, which included a trip to Hawaii, hotels, car repairs, insurance, and car payments.

On January 6, 2022, the Victim was hospitalized, but her family was not notified and only became aware a few days later. When family arrived, Castner was already there, referring to herself as the Victim’s granddaughter, and making the healthcare decisions on behalf of the Victim. Still unsure of Castner’s full involvement with Victim A and under the impression that she had helped Victim A with various tasks, family members offered to provide some money to Castner for helping the Victim when hospitalized. Castner was adamant that she did not want any money and told them she helped “out of the kindness of her heart.” However, the Victim’s son decided to go to the bank anyway to get money, at which time he became aware that the bank accounts were empty. Castner immediately moved out of the duplex without notice and did not contact any of the Victim’s family again. In speaking with his mother about the missing money, the Victim stated it must have been “Tana.” The Victim passed away on February 23, 2023. Just two months prior, her accounts at the two banking institutions had only approximately $99.59.

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

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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