Real Estate Executive Charged in 30 Million-Dollar Bank Fraud Scheme

Source: US FBI

Danielle Sassoon, the United States Attorney for the Southern District of New York, and James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the arrest of KEVIN FENG GAO. The Indictment unsealed today charges GAO with committing bank fraud as part of a scheme to steal $30 million intended as an investment in Manhattan real estate. GAO will be presented today before U.S. Magistrate Judge Stewart D. Aaron. 

U.S. Attorney Danielle Sassoon said: “As alleged, Kevin Gao orchestrated a complex scheme to create a fraudulent, unauthorized bank account and use the account to steal $30 million from a real estate investor. Bank fraud schemes undermine the integrity of our financial system by corrupting it for criminal purposes, and I commend the FBI and our dedicated team of prosecutors for their outstanding work in uncovering this massive fraud.”   

FBI Assistant Director in Charge James E. Dennehy said: “Kevin Gao allegedly opened an unauthorized corporate bank account to intercept and steal a $30 million investment. This alleged establishment of an illicit bank account wrongfully diverted a significant sum from its intended use. The FBI remains dedicated to apprehending all individuals who implement deceitful measures to steal what is not owed to them.”

According to allegations in the Indictment:[1] 

GAO carried out a fraudulent scheme to open and use an unauthorized bank account in the name of a company (the “Management Company”) that managed a real estate development project in Manhattan (the “Real Estate Project”). GAO was an executive at another company that participated in a joint venture to develop the Real Estate Project, but GAO had no authorization from the Management Company to open the account in its name (the “Fraudulent Account”). 

When GAO applied to open the Fraudulent Account, GAO made false representations to employees of an FDIC-insured bank (the “Bank”), including falsely representing that GAO was opening the Fraudulent Account with the Management Company’s permission. Additionally, when a representative of the Bank asked GAO to provide a copy of the Management Company’s operating agreement, GAO provided a fraudulent document rather than the actual operating agreement. 

After GAO created the Fraudulent Account, an investment company agreed to invest $30 million in the Real Estate Development managed by the Management Company. But the investment company transferred its $30 million into the Fraudulent Account created by GAO rather than a legitimate account actually held and controlled by the Management Company. GAO then dispersed the $30 million to several accounts under the control of GAO and his co-conspirators.

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GAO, 37, of Queens, New York is charged with one count of bank fraud, which carries a maximum sentence of 30 years in prison. 

The maximum potential sentence in this case is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.      

Ms. Sassoon praised the outstanding work of the FBI. 

The case is being handled by the Office’s Illicit Finance and Money Laundering Unit.  Assistant U.S. Attorneys Christopher Brumwell and Maggie Lynaugh are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.    


[1] As the introductory phrase signifies, the entirety of the texts of the Indictment and the description of the Indictment set forth herein constitute only allegations and every fact described should be treated as an allegation.

FBI Honors Monarch School Project with National Award

Source: US FBI

WASHINGTON, DC—On Friday, April 19, 2024, FBI Director Christopher Wray presented Monarch School Project with the FBI Director’s Community Leadership Award (DCLA) for its service to children and families in San Diego. Receiving the award on behalf of Monarch School Project is Afira Arrastia-DeVries, CEO of the nonprofit. Monarch School Project provides youth and their families experiencing homelessness with academic and social growth, emotional support, and life skills designed to help them succeed.

The FBI established the DCLA in 1990 to publicly acknowledge the achievements of those working to make a difference in their communities through the promotion of education and the prevention of crime and violence. Each year, one person or organization from each of the FBI’s 56 field offices is chosen to receive this prestigious award.

“Our success as both a law enforcement and an intelligence agency hinges on our ability to foster and maintain genuine partnerships with people in all communities,” said FBI Director Christopher Wray. “People like this year’s Leadership Award recipients not only identify what others need, but they are willing to roll up their sleeves and provide services. They are building bridges and relationships while putting in the work to have hard conversations and find common purpose. They do it out of kindness and compassion with a sincere belief that justice – in its many forms – requires all of us to do the right thing in the right way.”

Monarch School Project, which operates the Monarch School in the Barrio Logan neighborhood, was selected for the award, recognizing its work with youth and their families. The Monarch School Project is the nation’s only K-12 public school for students experiencing homelessness. Because of the unique needs of the youth it serves, Monarch School Project’s approach focuses on helping students gain skills they need to improve their lives, develop awareness of their emotions and healthy coping skills, explore their passions, and plan for a self-sufficient life.

“Monarch School is proud of our partnership with the FBI for the time that they’ve been supporting our fifth-grade class,” said Monarch School Project CEO Afira Arrastia-DeVries. “It’s an honor to be recognized nationally among our peers for what we do to support the needs of our region and what we do in partnership with our incredible law enforcement agents to prevent the worst, and to do the best for the people we serve.”

“Our 10-year partnership with Monarch School Project has been an invaluable community connection,” said FBI San Diego Special Agent in Charge Stacey Moy. “Monarch School Project’s efforts will have a long-lasting impact on San Diego as their students continue on to echo their values of resiliency, leadership, and compassion in our community.”

Director Wray hosted the 2023 DCLA winners in a special ceremony at FBI Headquarters today, emphasizing the importance of community partnerships in keeping our shared communities safe. These partnerships—as exemplified by the breadth of the work by the DCLA recipients—have led to a host of crime prevention programs that protect the most vulnerable in our communities, educate families and businesses about cyber threats, and work to reduce violent crime in our neighborhoods. Learn more about the Director’s Community Leadership Award, San Diego Field Office, and FBI’s general outreach efforts online.

Final Defendants Sentenced in $65 Million TRICARE Fraud

Source: US FBI

NEWS RELEASE SUMMARY – April 12, 2024

SAN DIEGO – The final two members of a massive conspiracy to bilk TRICARE, the military’s healthcare program, out of more than $65 million have been sentenced in federal court.

Former U.S. Marine Joshua Morgan and former U.S. Navy Sailor Kyle Adams were sentenced to 21 months and 15 months, respectively, and ordered to pay millions in restitution and forfeit the fruits of their criminal activity. 

Morgan and Adams have admitted that they recruited fellow servicemembers and their dependents to receive expensive prescription compounded drugs, while others in the conspiracy wrote bogus prescriptions and filled out duplicitous paperwork to process fraudulent insurance reimbursements, resulting in at least $65 million in losses to TRICARE.

Both the defendants were working for Jimmy and Ashley Collins, a married couple living in Birchwood, Tennessee, who quarterbacked the scheme. Jimmy Collins received a 10-year prison sentence; Ashley Collins was sentenced to 18 months in home confinement. To account for all the fraud, the couple was ordered to pay $65,679,512.71 in restitution to Defense Health Agency and TRICARE. Other patient recruiters, including Daniel Castro, Jeremy Syto and Bradley White were previously sentenced to custody.

According to plea agreements, the servicemembers that Morgan and Adams recruited agreed to receive the pricey compounded medications in return for a monthly kickback of approximately $300. For young Sailors and Marines-turned-straw-beneficiaries, this money was equivalent to a significant portion of their monthly paycheck. Morgan noted that “it took very little work to sign people up to receive free money.”

For recruiting bogus patients, defendants Morgan and Adams were paid an illegal kickback of between 3 and 7 percent of the total TRICARE reimbursement paid to the pharmacy for the drugs sent to their recruits. By the time this fraud scheme was in full swing, the average cost for these compounded drugs was over $13,000 for a 30-day supply, peaking at around $25,000 for individual drugs. 

Over the course of the conspiracy, those illegal kickbacks amounted to at least $2,633,942.69 for Morgan, which, in recognition of his role as the top-level recruiter in this multi-level marketing scheme, was more than twice as much as the next nearest patient recruiter. Meanwhile, Adams earned more than $1 million for his efforts. 

To fund these kickbacks, based on false pretenses and representations, TRICARE paid at least $11,490,654.00 in insurance reimbursements for compounded medications prescribed to straw beneficiaries directly recruited by defendant Adams. During the same period, TRICARE paid at least $4,418,709 for compounded medications prescribed to straw beneficiaries directly recruited by defendant Morgan, although that amount underrepresents the severity of his criminal conduct due to his role as a top-level recruiter responsible in part for the losses to TRICARE caused by various sub-recruiters.

The doctors, Carl Lindblad and Susan Vergot, and a nurse practitioner, Candace Craven, who wrote the fraudulent prescriptions and filled out other duplicitous paperwork, were previously sentenced.  The pharmacy that filled the fraudulent prescriptions, CFK, Inc., also previously pleaded guilty.

According to the pleadings, the sharp increase in the number of bogus prescriptions for compounded drugs was the result of multiple fraud schemes, including this one, that popped up around the country.  As a result, the TRICARE program faced a $2 billion explosion in liability for compounded prescription drugs.

“Today’s sentencing closes the last chapter on this outrageous fraud scheme that almost put TRICARE into bankruptcy,” said U.S. Attorney Tara McGrath. “Our military members and taxpayers deserve so much better. The magnitude and significance of this case reflects our continued dedication to the well-being of the armed forces and their families, as well as our steadfast protection of the U.S. taxpayer.”

“NCIS will not stand by as individuals shamelessly attempt to disrupt the lives of those who have and continue to serve our country, and steal from what they rightfully earned,” said Director Omar Lopez, Naval Criminal Investigative Service. “This case highlights NCIS’ investigative capabilities and our commitment to collaborate with our law enforcement partners in detecting and dismantling these criminal acts of fraud.”

“Today’s sentencing demonstrates the Defense Criminal Investigative Service’s (DCIS) unwavering commitment to hold accountable those individuals who commit TRICARE fraud and imperil our military healthcare system,” said Kelly Mayo, Director DCIS.  “The outstanding work of the investigative team ensured the perpetrators were held criminally accountable.  I want to thank the U.S. Attorney’s Office and the Naval Criminal Investigative Service for their continuing dedication to the pursuit of justice.”

During the course of the investigation, authorities seized numerous items and properties purchased by the Collinses and others with the proceeds of the fraud, including an 82-foot yacht; multiple luxury vehicles, including two Aston Martins; a multimillion-dollar investment annuity; gold and silver bars; cashier’s checks; dozens of pieces of farm equipment and tractor-trailers; and three pieces of Tennessee real estate.

This case was prosecuted by Assistant U.S. Attorney Mark W. Pletcher.

DEFENDANTS                                 Case Number: 18-CR-1027-JLS

Joshua Morgan                                    Age: 31                                   San Diego, CA

DEFENDANTS                                 Case Number: 18-CR-0432-JLS

Kyle Adams                                        Age:  36                                  Victoria, Texas

SUMMARY OF CHARGES

Joshua Morgan:

Conspiracy, in violation of 18 U.S.C. § 1349, 1347

Maximum penalty: Ten years in prison and $250,000 fine or double loss amount, whichever is greater

An order of restitution requiring defendant to repay at least $4,418,709 to DHA/TRICARE

Kyle Adams:

Conspiracy, in violation of 18 U.S.C. § 1349, 1347

Maximum penalty: Ten years in prison and $250,000 fine or double loss amount, whichever is greater

An order of restitution requiring defendant to repay at least $11,490,654 to DHA/TRICARE

INVESTIGATING AGENCIES

Defense Criminal Investigative Service

Naval Criminal Investigative Service

IRS Criminal Investigation Division, Gulfport, MS

Federal Bureau of Investigation – Jackson, MS Field Office

U.S. Attorney Announces Arrest and Extradition of David Campbell, Principal Drug and Weapons Supplier for MS-13 in Honduras

Source: US FBI

Superseding Indictment Unsealed Charging High-Ranking MS-13 Leaders with Racketeering, Narcotics, and Firearms Offenses, Including Yulan Andony Archaga Carías, the Leader of MS-13 in Honduras and One of FBI’s, DEA’s, and HSI’s Most Wanted Fugitives

Damian Williams, the United States Attorney for the Southern District of New York; Merrick B. Garland, the Attorney General of the United States; John J. Durham, the Director of Joint Task Force Vulcan (“JTFV”); Anne Milgram, the Administrator of the Drug Enforcement Administration (“DEA”); Katrina W. Berger, the Executive Associate Director of Homeland Security Investigations (“HSI”); and Douglas Williams, the Special Agent in Charge of the Houston Field Office of the Federal Bureau of Investigation (“FBI”), announced the arrest and extradition of DAVID CAMPBELL, a/k/a “Viejo Dan,” a/k/a “Don David,” one of the principal narcotics and weapons suppliers to MS-13 in Honduras.  CAMPBELL was presented today before U.S. Magistrate Judge Sarah Netburn in Manhattan federal court after being extradited yesterday from Honduras.

In addition to CAMPBELL, the Superseding Indictment unsealed today also charges YULAN ANDONY ARCHAGA CARÍAS, a/k/a “Alexander Mendoza,” a/k/a “Porky,” the top leader of MS-13 in Honduras, and three additional MS-13 leaders, JUAN CARLOS PORTILLO SANTOS, a/k/a “Juancy,” VICTOR EDUARDO MORALES ZELAYA, a/k/a “Cuervo,” and JORGE ALBERTO VELASQUEZ PAZ, a/k/a “Chacarron,” for racketeering, narcotics trafficking, and firearms offenses.  CAMPBELL and ARCHAGA CARÍAS were previously charged in 2021 in a Superseding Indictment in Manhattan federal court with racketeering, narcotics trafficking, and firearms offenses.  ARCHAGA CARÍAS was subsequently placed on the FBI’s Ten Most Wanted Fugitives List, the DEA’s Most Wanted Fugitives List, HSI’s Most Wanted Fugitives List, and a $5 million reward was offered by the U.S. Department of State for information related to his arrest or capture.  PORTILLO SANTOS and VELASQUEZ PAZ are in custody in Honduras.  MORALES ZELAYA remains at large.  The case is assigned to U.S. District Judge Gregory H. Woods.

U.S. Attorney Damian Williams said: “MS-13 is one of the most dangerous criminal organizations in the world.  My Office, the Justice Department, and our law enforcement partners will stop at nothing to pursue and hold accountable MS-13’s leaders, members, and associates, who, as alleged in the Superseding Indictment unsealed today, are responsible for large-scale drug trafficking and violence throughout the United States and Central America.  As alleged, David Campbell was, until his capture, one of MS-13’s major suppliers of drugs and guns, and he planned and coordinated violent acts with the top leader of MS-13 in Honduras, Archaga Carías.  Campbell has now been extradited and will face justice in the United States, and a $5 million reward is offered for information leading to the arrest of Archaga Carías.”

Attorney General Merrick B. Garland said: “Over the course of decades, MS-13 has sowed unspeakable violence in communities here in the United States and abroad.  With the arrest and extradition of the alleged principal MS-13 drug and weapons supplier, the Justice Department is making clear that those responsible for flooding our communities with violence and deadly drugs will be held accountable in an American courtroom.”

JTFV Director John J. Durham said: “MS-13’s brutal violence is fueled by firearms, funded by narcotics trafficking, and disguised by money laundering.  As alleged in the Superseding Indictment, David Campbell and his co-conspirators procured and sold multi-ton loads of narcotics, deployed firearms, including machine guns, and laundered the drug proceeds, all in furtherance of the organization.  Thanks to the tenacious efforts and collaboration of our law enforcement partners, he now will face justice in a United States courtroom.”

DEA Administrator Anne Milgram said: “Today’s extradition of David Campbell and the announcement of charges against four other MS-13 leaders for their alleged involvement in trafficking multi-ton loads of cocaine and for allegedly perpetrating unspeakable acts of violence in our communities is a testament to the unwavering commitment of the men and women of DEA to save lives and hold drug traffickers accountable.  DEA will continue to seek justice for all Americans suffering the devastating effects of drug poisonings and drug-related violence in our communities.”

HSI Executive Associate Director Katrina W. Berger said: “Campbell’s arrest and extradition should serve as a clear message to those who support MS-13 and other transnational criminal organizations.  HSI will not cease its relentless pursuit of all suspects involved in this case until they are captured and brought to justice.”

FBI Special Agent in Charge Douglas Williams said: “Every day, MS-13 ravages American neighborhoods with violence, drugs, and death.  David Campbell allegedly enabled the exportation of violence and poison onto American streets as Mara Salvatrucha’s primary supplier of cocaine and weapons.  FBI Houston’s work to ensure Campbell now faces U.S. justice sends a simultaneous message to MS-13 around the world — we will not stop pursuing you, we will not stop dismantling your networks, and we will not rest until we’ve eradicated the violence you bring into our society.”

As alleged in the Superseding Indictment unsealed in Manhattan federal court:[1]

MS-13 is a transnational criminal organization that engages in acts of violence, including murders, kidnapping, assaults, extortion, and large-scale drug importation and distribution throughout Central America and the United States.  ARCHAGA CARÍAS is the highest-ranking member of MS-13 in Honduras.  As the leader and highest-ranking member of MS-13 in Honduras, ARCHAGA CARÍAS is in charge of, among other things, the gang’s drug trafficking operations; ordering and coordinating acts of violence, including numerous murders; and the laundering of drug proceeds.  MORALES ZELAYA and VELASQUEZ PAZ are both leaders of MS-13 in Honduras and close associates to ARCHAGA CARÍAS.  MS-13’s drug trafficking operations led by ARCHAGA CARÍAS, MORALES ZELAYA, VELASQUEZ PAZ, and others include the processing, receiving, transporting, and distributing of multi-ton loads of cocaine shipped through Honduras and into the United States. 

ARCHAGA CARÍAS and other MS-13 members and associates acting at his direction also provided protection for other drug trafficking organizations (“DTOs”) engaged in transporting multi-ton loads of cocaine through Honduras and destined for the United States.  ARCHAGA CARÍAS contracted out members of MS-13 as “Sicarios,” or hit men, to other DTOs for payment.  In that role, MS-13’s Sicarios committed numerous murders for hire for DTOs trafficking cocaine through Honduras to the United States.  ARCHAGA CARÍAS and MS-13 also supplied other DTOs with firearms, including machineguns, that were received from El Salvador, Nicaragua, and elsewhere.  ARCHAGA CARÍAS – and MORALES ZELAYA, VELASQUEZ PAZ, and PORTILLO SANTOS, operating under ARCHAGA CARÍAS’s leadership – also ordered and coordinated murders of rival gang members and drug trafficking competitors in Honduras, as well as other members of MS-13 whom ARCHAGA CARÍAS believed had been disloyal to the gang. 

CAMPBELL was one of the principal suppliers of cocaine and weapons, including machineguns, to MS-13 in Honduras.  As an associate of MS-13 and close confidant of ARCHAGA CARÍAS, CAMPBELL planned and coordinated retaliatory acts of violence with ARCHAGA CARÍAS and assisted MS-13 and ARCHAGA CARÍAS in establishing businesses to launder the gang’s drug proceeds.  CAMPBELL and MS-13 used businesses they owned or controlled to launder drug proceeds, including through banks in the United States. 

MORALES ZELAYA and VELASQUEZ PAZ were both leaders of MS-13 in Honduras and close associates of ARCHAGA CARÍAS.  MORALES ZELAYA and VELASQUEZ PAZ each coordinated the gang’s drug trafficking business, acts of violence (including murders) against rivals, and the movement of proceeds from the gang’s illicit activities.

PORTILLO SANTOS was a high-ranking member of MS-13 in Honduras who reported to MORALES ZELAYA.  PORTILLO SANTOS was responsible for leading MS-13 in one of the largest sectors in Honduras, which included the distribution and movement of large shipments of cocaine, acts of violence (including murders and kidnappings) of rival gang members, and contract murders carried out against rival drug dealers.

ARCHAGA CARÍAS and MORALES ZELAYA remain at large.  The $5 million reward offered by the U.S. Department of State remains valid today.  Anyone with information that may lead to the arrest of ARCHAGA CARÍAS or MORALES ZELAYA can contact the FBI at 1-800-CALL-FBI.  More information can be found here: https://www.fbi.gov/wanted/topten, here: https://www.dea.gov/fugitives and here: https://www.ice.gov/most-wanted.

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If convicted, CAMPBELL, 57, of Honduras; ARCHAGA CARÍAS, 42, of Honduras; PORTILLO SANTOS, 35, of Honduras; MORALES ZELAYA, 49, of Honduras; and VELASQUEZ PAZ, 41, of Honduras, face a maximum penalty of life in prison and a mandatory minimum sentence of 40 years in prison. 

A chart containing the charges and statutory minimum and maximum penalties for the defendants is set forth below.  The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Williams praised the outstanding efforts of the DEA’s Special Operations Division Bilateral Investigations Unit; the FBI’s San Diego, Houston, Los Angeles, and New York Field Offices; the FBI’s Criminal Investigative Division’s Safe Streets Gang Unit; HSI’s National Gang and Violent Crime Unit; and HSI’s New York and Tegucigalpa, Honduras, Field Offices.  Mr. Williams also thanked the FBI Legal Attaché in San Salvador, the Organized Crime Drug Enforcement Task Forces (“OCDETF”) Executive Office, the Department of Justice’s Violent Crime and Racketeering Section, the U.S. Attorney’s Office for the Southern District of Florida, and Customs and Border Protection Air and Marine Operations, for their assistance.  The Justice Department’s Office of International Affairs provided substantial assistance in securing the arrest and extradition of CAMPBELL.

The case is being handled by JTFV and the Office’s National Security and International Narcotics Unit.  Assistant U.S. Attorney David J. Robles, Special Assistant U.S. Attorney Christopher Eason, and Department of Justice Trial Attorney Jacob Warren are in charge of the prosecution.  

Since its creation in August 2019, JTFV has successfully implemented a whole-of-government approach to combatting MS-13, including increasing coordination and collaboration with domestic and foreign law enforcement partners; designating priority MS-13 programs, cliques, and leaders who have the most impact on the United States for targeted prosecutions; and coordinating significant MS-13 indictments, including the first use of national security charges against MS-13 leaders.  JTFV has been comprised of members from U.S. Attorney’s Offices across the country, including this Office, the Eastern District of New York, the Eastern District of Texas, the District of New Jersey, the Northern District of Ohio, the District of Utah, the District of Massachusetts, the Southern District of Florida, the District of Alaska, the Southern District of California, the District of Nevada, the Eastern District of Virginia, and the District of Columbia, as well as the Department of Justice’s National Security Division and the Criminal Division.  All Department of Justice law enforcement agencies are involved in the effort, including the FBI; DEA; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; and the U.S. Bureau of Prisons.  In addition, HSI plays a critical role in JTFV.  The Department of State, Bureau of International Narcotics and Law Enforcement Affairs, and the U.S. Agency for International Development, Office of Inspector General, have also provided critical support for JTFV’s mission. 

OCDETF also supports JTFV in its mission.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.  Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.       

COUNT

CHARGE

DEFENDANTS

MIN./MAX. PENALTIES

1

Racketeering conspiracy

YULAN ANDONY ARCHAGA CARÍAS

DAVID CAMPBELL

JUAN CARLOS PORTILLO SANTOS

VICTOR EDUARDO MORALES ZELAYA

JORGE ALBERTO VELASQUEZ PAZ

Maximum of life in prison

2

Narcotics importation conspiracy

YULAN ANDONY ARCHAGA CARÍAS

DAVID CAMPBELL

JUAN CARLOS PORTILLO SANTOS

VICTOR EDUARDO MORALES ZELAYA

JORGE ALBERTO VELASQUEZ PAZ

Mandatory minimum of 10 years in prison

Maximum of life in prison

3

Using or carrying a machinegun during and in relation to, or possessing a machinegun in furtherance of, a narcotics trafficking crime

YULAN ANDONY ARCHAGA CARÍAS

DAVID CAMPBELL

JUAN CARLOS PORTILLO SANTOS

VICTOR EDUARDO MORALES ZELAYA

JORGE ALBERTO VELASQUEZ PAZ

Mandatory minimum of 30 years in prison

Maximum of life in prison

4

Machinegun conspiracy

YULAN ANDONY ARCHAGA CARÍAS

DAVID CAMPBELL

JUAN CARLOS PORTILLO SANTOS

VICTOR EDUARDO MORALES ZELAYA

JORGE ALBERTO VELASQUEZ PAZ

Maximum of life in prison

 


[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment and the description of the Superseding Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Prior Felon Charged with Gun and Drug Charges

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Derrel Austin, 46, of Niagara Falls, NY, was arrested and charged by criminal complaint with possession with intent to distribute 40 grams or more of fentanyl, and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Donna M. Duncan, who is handling the case, stated that according to the complaint, in October 1995 and October 2009, Austin was convicted of multiple felony charges in Erie County Court, including kidnapping and manslaughter. On February 17, 2022, New York State Parole and Niagara Falls Police officers went to Austin’s residence to conduct a home visit. Officers knocked and announced for several minutes. During this time, an individual, later determined to be Austin, was seen exiting the residence onto the fire escape carrying several bags, which were left on the fire escape. A short time later, Austin went back inside the residence and opened his apartment door for officers. Wearing a bathrobe, Austin claimed that it took him so long to answer the door because he was in the shower. During the execution of the parole search, officers recovered the bags from the fire escape, which contained suspected cocaine, suspected fentanyl, suspected Suboxone, and drug paraphernalia, a handgun, and multiple rounds of ammunition. Investigators also noted that the shower in the residence was dry.

The complaint is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Daniel F. Martuscello III, the Niagara Falls Police Department, under the direction of Superintendent Nicholas Ligammari, and 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.

# # # #

Buffalo Man Pleads Guilty to Bilking Two Banks Out of Nearly Half a Million Dollars

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Joshua Parra, 32, formerly of Buffalo, NY, now living in Melbourne, Florida, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to bank fraud, which carries a maximum penalty of 30 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that between December 28, 2021, and January 6, 2022, Parra defrauded Bancorp and Stride Bank by creating 94 fictitious disputed transactions on behalf of 11 customers of Fintech Company 1, a financial technology company that offers customers mobile banking services. However, none of the 11 customers’ accounts with Fintech Company 1 had transactions that would justify such disputes. Nearly all of the fictitious disputed transactions were in the amount of $5,000. As a result, funds were transferred from settlement accounts, held at Bancorp and Stride Bank, to accounts maintained by the Fintech Company 1 customers for whom Parra created the fictitious disputed transactions. Losses to Bancorp and Stride Bank totaled approximately $459,000.

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Thomas Fattorusso, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Miraglia.  

Sentencing will be scheduled at a later date.   

# # # #

Fourth Hells Angels Motorcycle Club Member Pleads Guilty to Being a Felon in Possession of Ammunition

Source: US FBI

SACRAMENTO, Calif. — Kenneth Caspers Jr., 57, of Vacaville, pleaded guilty today to unlawfully possessing ammunition after being convicted of a felony crime, U.S. Attorney Phillip A. Talbert announced.

According to court documents, in October 2021, two different victims—both of whom were members of a different motorcycle club that is considered a “puppet” (or subordinate) club of the Hells Angels—were beaten by Caspers, Michael Mahoney, Jaime Alvarez, Dennis Killough, and other club members based on perceived infractions of the Hells Angels’ rules.

According to court documents, on Dec. 8, 2021, law enforcement officers executed a search warrant at Caspers’ Vacaville home and found several firearms and ammunition, including 18 rounds of .22‑caliber, .25‑caliber, and/or .38-caliber ammunition in Caspers’ master bedroom and bathroom. Caspers has previously been convicted of several felony crimes—including a previous felony conviction for being a felon in possession of a firearm—that prevent him from possessing firearms or ammunition.

This case is the product of an investigation by the Solano County District Attorney’s Office, the Solano County Sheriff’s Office, the Vacaville Police Department, the Vallejo Police Department, the Fairfield Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Jason Hitt, Alsytn Bennet, and Adrian T. Kinsella are prosecuting the case.

Caspers is scheduled to be sentenced on Feb. 11, 2025, by U.S. District Judge John A. Mendez. Caspers faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The three other defendants have previously pleaded guilty and were sentenced as follows: Alvarez was sentenced to 21 months in prison on March 21, 2023, Killough was sentenced to 46 months in prison on June 26, 2023, and Mahoney was sentenced to 37 months in prison on May 2, 2023.

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 U.S. Department of Justice 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.

Buffalo Man Sentenced for Buying Stolen Data From Genesis Market

Source: US FBI

BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that Wul Isaac Chol, 27, of Buffalo, NY, who was convicted of possession of 15 or more unauthorized access devices with intent to defraud, was sentenced to serve 20 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that Genesis Market is an online marketplace whose operators compile stolen data, such as computer and mobile device identifiers, email addresses, usernames, and passwords, from malware-infected computers around the globe and package it for sale on the market. Purchases made through Genesis Market are conducted using virtual currency, such as bitcoin. Between June 2019, and January 2021, Chol deposited approximately $105.08 worth of bitcoin in a Genesis account that he had created. Chol used the funds he deposited in his Genesis account to purchase 21 packages of unauthorized access devices. Those packages contained, in total, approximately 778 unauthorized access devices. In addition, Chol admits that he obtained, without authorization, $25,164.00 from the New York State Department of Labor.

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

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Repeat Sacramento-Area Sex Offender Sentenced to 27 Years in Prison for Sexual Exploitation of a Minor

Source: US FBI

SACRAMENTO, Calif. — Sam Moss Kerfoot, 28, of Carmichael, was sentenced today by U.S. District Judge Dale A. Drozd to 27 years in prison for sexual exploitation of a minor, U.S. Attorney Phillip A. Talbert announced.

According to court documents, in April 2022, Kerfoot used the online application Omegle to meet teenage girls in the Sacramento area, including Victim 1, who was a minor. On multiple occasions, Kerfoot picked up the victim from school and took her off campus to have sexual intercourse with her, and Kerfoot took a video of this sexual exploitation. Law enforcement officers searched Kerfoot’s phone and located 73 videos of child sexual abuse material. Law enforcement officers also searched Kerfoot’s SnapChat account and learned that Kerfoot had used Snapchat to send and receive child pornography. Kerfoot was previously convicted for crimes related to the sexual abuse of a minor.

This case was the product of an investigation by the Sacramento Valley Hi-Tech Crimes Task Force Internet Crimes Against Children Unit, including the Sacramento County Sheriff’s Office, with assistance from the Federal Bureau of Investigation and Homeland Security Investigations. Assistant U.S. Attorney Emily G. Sauvageau prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.

Lancaster Man Sentenced for COVID Relief Fraud

Source: US FBI

BUFFALO, NY – U.S. Attorney Trini E. Ross announced today that Larry Jordan, 45, of Lancaster, NY, who was convicted of conspiracy to commit bank fraud and wire fraud for his participation in a scheme to file fraudulent loan applications seeking forgivable Paycheck Protection Program (PPP) loans, was sentenced to serve 18 months in prison by U.S. District Judge John L. Sinatra, Jr. Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, joined the announcement.

According to court documents, between April and September 2020, Jordan and his brother Sutukh El a/k/a Curtis Jordan a/k/a Hugo Hurt a/k/a Hugo Hermes Hurtington, conspired to submit eight fraudulent PPP loan applications on behalf of companies they owned or controlled. Three of the applications were submitted to Evolve Bank & Trust and the other five were submitted to Lendio, a financial technology company based in Utah. The applications contained false statements about the 2019 payroll expenses of each company, which were used to calculate the amount of PPP funds to which the applicant-companies would be entitled. To corroborate the applications, Jordan and El submitted IRS forms, which had never been filed with the IRS, as well as fraudulent payroll registers that purported to identify the names, personal information, and salary of the employees identified on the PPP applications.

For example, a PPP loan application was submitted on behalf of 5 Stems Inc to Evolve. The application represented that in 2019, 5 Stems Inc had 194 employees and an average monthly payroll of $242,133.33. In truth, 5 Stems Inc had nine employees in 2019 and paid those employees a total of approximately $57,380 for all of 2019. Evolve approved the application and funded a $605,200 loan. The money was deposited into an account controlled by defendant El. Some of the money was used for the defendants’ own investments, as well as personal expenses and home improvements.

Sutukh El was previously convicted and is awaiting sentencing.

This case was investigated by the Federal Deposit Insurance Corporation’s Office of Inspector General, the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection’s Office of the Inspector General, the Federal Housing Finance Agency’s Office of the Inspector General, the Federal Bureau of Investigation, and the Small Business Administration’s Office of Inspector General. Assistant U.S. Attorneys Charles Kruly and Grace Carducci for the Western District of New York and Trial Attorneys Ariel Glasner and Della Sentilles of the Criminal Division’s Fraud Section are prosecuting the case.

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 Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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