San Carlos Fraudster Who Cheated Investors Out of More Than $1 Million Sentenced to More Than Three Years in Federal Prison

Source: US FBI

SAN FRANCISCO – David Scott Cacchione was sentenced today to 40 months in federal prison for conspiracy to commit wire fraud and wire fraud in connection with an investment fraud scheme and a false federal disaster loan application, and tax evasion.  The sentence was handed down by the Honorable James Donato, U.S. District Judge.

Cacchione, 59, of San Carlos, was initially charged by complaint on Jan. 16, 2024, and by superseding information on Aug. 7, 2024.  On Aug. 14, 2024, he pleaded guilty to all four counts in the superseding information — one count of conspiracy to commit wire fraud, two counts of wire fraud, and one count of tax evasion in connection with multiple schemes.  According to his plea agreement, Cacchione admitted that he and an alleged co-conspirator defrauded multiple investors by convincing them that their money would be used to purchase accounts receivable that did not exist.  Instead, Cacchione used the investor funds to pay personal expenses and to reimburse other victims.  Cacchione admitted that victim investors were defrauded out of more than $1.13 million in this scheme.  As detailed in court documents, in addition to the investment fraud scheme, Cacchione submitted an Economic Injury Disaster Loan application in September 2020 for a company that he falsely claimed had $1 million in revenue and three employees in the 12-month period prior to Jan. 31, 2020.  Based on these false statements, Cacchione obtained a $149,900 loan that he used to pay personal expenses.

“The defendant made multiple misrepresentations in order to enrich himself.  He did so by convincing multiple individuals to invest in accounts receivable that did not exist and by diverting disaster relief funds intended to help small businesses to a business that was a sham,” said United States Attorney Ismail J. Ramsey.  “My office will vigorously investigate and prosecute those who seek to defraud individuals and federal programs.”

“David Cacchione treated other people’s money as his own,” said Federal Bureau of Investigation (FBI) San Francisco Special Agent in Charge Robert Tripp. “He broke promise after promise and paid his own personal expenses instead of investing his victims’ money. Today, however, he learned a lesson in accountability. The FBI is committed to safeguarding the public from fraud schemes and will continue to work alongside our partners to bring perpetrators like Cacchione to justice.”

“White collar crime is not victimless, and today’s sentencing reinforces it does not go unpunished. Mr. Cacchione’s multiple schemes victimized individual investors and preyed upon federal programs designed to help small businesses recover from dire natural disaster impacts,” said IRS Criminal Investigation (IRS-CI) Oakland Field Office Acting Special Agent in Charge Michael Mosley. “IRS-CI stands up for individuals victimized by financial fraudsters and defends the sanctity of benevolent government programs by putting those who willfully abuse them in jail.”

In addition to the 40-month prison term, Judge Donato also ordered defendant to pay more than $1.4 million in restitution, sentenced the defendant to a three-year period of supervised release, and ordered the defendant to forfeit his $450,000 equity stake in a technology company.  Defendant has been in custody since Apr. 24, 2024, and will begin serving his sentence immediately.

The announcement was made by United States Attorney Ismail J. Ramsey, FBI Special Agent in Charge Robert Tripp, and IRS-CI Oakland Field Office Acting Special Agent in Charge Michael Mosley.

Assistant United States Attorney Garth Hire is prosecuting the case.  The prosecution is the result of an investigation by the FBI and IRS-CI.
 

Alleged Bay Area Fentanyl Distributor Extradited From Honduras

Source: US FBI

OAKLAND – The government of Honduras extradited Javier Marin-Gonzales, a Honduran national, to the United States this week to appear on charges stemming from his alleged involvement in the distribution of fentanyl in the San Francisco Bay Area. The extradition marks the fifth extradition of an alleged drug distributor from Honduras to the Northern District of California this year.

On Aug. 2, 2023, a federal grand jury indicted Marin-Gonzales, 25, at the time a resident of Oakland, in connection with the alleged distribution of fentanyl on three separate occasions.   The investigation in this case led to charges against multiple East Bay-based defendants who allegedly traveled into the Tenderloin neighborhood of San Francisco to engage in drug dealing.

According to court documents, at the time of the indictment, the Federal Bureau of Investigation (FBI) learned that Marin-Gonzales had traveled back to Honduras.  The Justice Department’s Office of International Affairs worked with Honduran authorities, the FBI, and the Drug Enforcement Administration (DEA) to secure the arrest and extradition of Marin-Gonzales. Marin-Gonzales arrived back in the United States on Oct. 23, 2024.  He appeared before U.S. Magistrate Judge Kandis A. Westmore today for arraignment on the indictment and further proceedings.  A detention hearing for Marin-Gonzales is scheduled for Oct. 30, 2024.

“We appreciate our law enforcement partners’ efforts, here and abroad, to bring to justice those who are charged with peddling deadly drugs in our communities,” said United States Attorney Ismail J. Ramsey.

“This arrest and extradition marks a significant step in our ongoing fight against the distribution of dangerous drugs like fentanyl,” said FBI Special Agent in Charge Robert Tripp. “By bringing Marin-Gonzales to face justice in the United States, we are sending a clear message: those who profit from the trafficking of deadly substances will be held accountable, no matter where they operate. The FBI remains committed to working with our domestic and international partners to disrupt drug networks that threaten the safety and well-being of our communities.”

“We remain steadfast in our commitment to hold accountable drug traffickers operating in the Tenderloin,” said DEA Special Agent in Charge Bob P. Beris. “The extradition of Marin-Gonzales is another example of how strong global partnerships keep our communities safe.”

The indictment charges Marin-Gonzales with the distribution of 40 grams or more of fentanyl, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(vi).

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, Defendant faces a maximum sentence of 40 years’ imprisonment, a fine of $5,000,000, a lifetime of supervised release, and a $100 special assessment.  However, any sentence following a conviction would be imposed by a court only after considerations of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The announcement was made by U.S. Attorney Ismail J. Ramsey, FBI Special Agent in Charge Robert Tripp, and DEA Special Agent in Charge Bob P. Beris.

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.  Assistant U.S. Attorney Charles Bisesto is prosecuting the case with the assistance of Sara Slattery and Andy Ding.  The prosecution is the result of an investigation by the FBI SAFE Streets Task Force, DEA, and the Concord Police Department.
 

Oregon Man Pleads Guilty in Swatting and Bomb Threats Scheme That Targeted Jewish Hospitals in New York City and Long Island

Source: US FBI

One Hospital Entered Lockdown and Partially Evacuated After Defendant’s Bomb Hoax

Earlier today in federal court in Brooklyn, Domagoj Patkovic pleaded guilty to conspiring to make threats concerning explosives and conveying false information concerning explosives.  The proceeding was held before United States District Judge Ramon E. Reyes.  When sentenced, Patkovic faces up to 15 years in prison.  Patkovic was charged in August 2024. 

John J. Durham, United States Attorney for the Eastern District of New York and James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.

“As he admitted today, the defendant intentionally targeted Jewish hospitals and care centers in our District with bomb threats.  In doing so, he needlessly endangered patients and staff and diverted critical law enforcement resources from their core mission of keeping our community safe,” stated United States Attorney Durham.  “We will prosecute dangerous bomb threats and swatting schemes to the fullest extent of the law.”

Mr. Durham expressed his appreciation to the Federal Bureau of Investigation, New York Field Office, the New York City Police Department, Nassau County Police Department and the U.S. Attorney’s Office for the District of Oregon for their assistance on the case.

As set forth in the indictment and in court filings, beginning at least as early as May 2021, the defendant and others made anonymous phone calls in which they made violent threats, including threats to detonate explosive devices, to Jewish hospitals and care centers within the Eastern District of New York, among other targets throughout the United States.

The defendant himself made threats in at least six separate calls to hospitals and on a call with local law enforcement who had responded to a 911 notification from one of the hospitals.  The defendant livestreamed the calls to others on an online social media and electronic communications service.  On several occasions, local police responded to the scene and conducted bomb sweeps. On at least one occasion in September 2021, the hoax bomb threat resulted in a partial evacuation and lockdown of an entire hospital on Long Island.  No explosive devices were ultimately found in any of the locations.

The government’s case is being handled by the Office’s National Security & Cybercrime Section.  Assistant United States  Attorneys Alexander A. Solomon, Laura Zuckerwise and Andrew D. Reich are in charge of the prosecution, with assistance from Trial Attorney James Donnelly of the National Security Division’s Counterterrorism Section and Paralegal Specialist Wayne Colon. 

The Defendant:

DOMAGOJ PATKOVIC 
Age: 31
Portland, Oregon

E.D.N.Y. Docket No. 24-CR-317 (RER)

Inmate and Corrections Officer Sentenced in Bribery Scheme; Same Inmate Sentenced in Related COVID-Fraud Scheme

Source: US FBI

NEWS RELEASE SUMMARY – April 24, 2024

SAN DIEGO – Shawn Brown, an inmate at Richard J. Donovan Correctional Facility, was sentenced in federal court today to 30 months in prison for bribing a state corrections officer to smuggle contraband into prison, including dental molds and an expensive bejeweled “grill” for the inmate’s mouth.

A separate consecutive sentence of 48 months was also applied for Brown’s role in a scheme to file fraudulent claims with the California Employment Development Department, effectively stealing money that was intended give economic relief to people impacted by the pandemic. Brown was ordered to pay $550,000 in restitution to the State of California.

Benito Jamar Hugie, the corrections officer who helped Brown obtain the grill, was sentenced last month to 24 months in prison. Hugie, who is out on bond, was ordered to surrender by 12 p.m. on May 6, 2024.

Hugie pleaded guilty in November of 2023, admitting that he smuggled the gold-and-diamond grill into the facility in early October, 2020, and delivered it to Brown, who had custom ordered it from a jeweler in Houston, Texas, using a smuggled cell phone. A grill, also known as “fronts” or “golds,” is a type of dental jewelry worn over the teeth. Grills are generally made of metal and precious gems and are generally removable.

According to Brown’s plea agreement, the overall value of the scheme to acquire the custom grill, to bribe the corrections officer and to smuggle the contraband into the prison was more than $30,000.

At today’s hearing, U.S. District Judge Cathy Ann Bencivengo ordered Brown to turn over the grill to the government as part of his forfeiture agreement. Brown had opposed the request, arguing that he was unable to remove the grill because it was glued to his teeth. The government referred to a jail surveillance video that showed that the grill was, in fact, removeable. In this jail surveillance video, Brown was seen removing the grill from his mouth and putting it back in.

The COVID-related fraud scheme was discovered during the investigation of the bribery scheme. Agents learned that while in custody at the Richard J. Donovan Correctional Facility, Brown used his contraband cellular telephone to coordinate the theft of unemployment benefits intended for Californians who were unable to pay for food and housing as a result of the COVID-19 pandemic. Brown and co-conspirators caused an estimated $1.4 million in fraudulent claims to be filed with the state Employment Development Department, resulting in actual cash payouts of more than $695,000 to Brown and his co-conspirators.

Brown was originally serving time at the state prison for first degree murder in violation of California Penal Code Section 187(a). At today’s hearing Judge Bencivengo ordered that today’s two federal sentences be served consecutively to each other and to the original underlying state sentence.

“Diamonds are not always your friend,” said U.S. Attorney Tara McGrath. “These schemes have cost Brown years of his life and Hugie his career and good name. Maybe regular teeth would have been a better option.”

“The FBI and our law enforcement partners remain committed to ensuring the integrity of our criminal justice systems,” said FBI San Diego Acting Special Agent in Charge John Kim. “Those who abuse their positions of trust and those who corrupt the same will be held accountable as demonstrated in this investigation.”

This case was prosecuted by Assistant U.S. Attorney Orlando Gutierrez.

DEFENDANTS         Case Number 22CR1238

Shawn Brown             Age: 28           California Department of Corrections and Rehabilitation Inmate         

Benito Jamar Hugie    Age: 49           San Diego, CA

DEFENDANT           Case Number 22CR1239                             

Shawn Brown             Age: 28           California Department of Corrections and Rehabilitation Inmate

SUMMARY OF CHARGES

  1. Corruption Activities Stemming from the Grill

18 USC § 371                         Conspiracy to Violate the Travel Act- Bribery (Count 1)

                                             Defendants: Hugie, Brown

28 USC § 2461(c)                   Criminal Forfeiture

  1. Indictment 2: Fraud Activities Involving EDD

18 USC § 1349                       Conspiracy; Mail Fraud

                                                Defendants: Brown

28 USC § 2461(c)                   Criminal Forfeiture

INVESTIGATING AGENCIES

Federal Bureau of Investigation

California Department of Corrections and Rehabilitation

Criminal Defense Attorney Indicted for Bribery Scheme

Source: US FBI

Matthew Podolsky, the Acting United States Attorney for the Southern District of New York, and James E. Dennehy, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging DAVID MACEY, a criminal defense attorney based in Florida, with bribery of a public official, conspiracy to bribe a public official, honest services wire fraud, and conspiracy to commit honest services wire fraud, for a scheme in which MACEY paid tens of thousands of dollars to a senior Special Agent (“Agent-1”) with the Drug Enforcement Administration (“DEA”), in exchange for Agent-1 providing sensitive law enforcement information to MACEY to assist MACEY in recruiting and representing clients.  MACEY will be presented before Magistrate Judge Stewart D. Aaron later today.  The case has been assigned to U.S. District Judge Jennifer H. Reardon.

Acting U.S. Attorney Matthew Podolsky said:  “As alleged, David Macey provided secret payments to a senior DEA special agent in exchange for access to sensitive information that Macey could use to enrich himself, including information regarding sealed indictments and impending arrests.  This prosecution underscores this Office’s commitment to combatting bribery – especially bribery that compromises law enforcement’s duty to protect and serve the public.”

FBI Assistant Director in Charge James E. Dennehy said: “David Macey, a criminal defense attorney, allegedly bribed a senior federal agent with tens of thousands of dollars for confidential information from law enforcement databases. Macey allegedly breached an expectation of privacy and received unlawful advantageous details to unjustly benefit his practice. The FBI will never tolerate those who engage in corrupt practices with public officials and cheat the investigative nature of our criminal justice system.”

According to the Indictment unsealed today in Manhattan federal court:[1]

MACEY is a criminal defense attorney based in Coral Gables, Florida.  From in or about October 2018 through in or about January 2020, MACEY and a private investigator that worked with MACEY (“Investigator-1”) paid bribes to Agent-1 with the DEA in return for Agent-1 providing non-public, confidential DEA information in breach of Agent-1’s official duties.  MACEY and Investigator-1 paid the bribes to Agent-1 using methods designed to conceal MACEY’s own connection to the bribe payments, including by using EDWIN PAGAN III, a former DEA Task Force Officer, as an intermediary.  In return for the bribe payments, Agent-1 provided nonpublic, confidential DEA information to MACEY and Investigator-1 so that MACEY and Investigator-1 could use that information in furtherance of MACEY’s legal practice, including to recruit and represent criminal defendants.

Among the benefits paid by MACEY and Investigator-1 to Agent-1 were a $2,500 payment made in November 2018, shortly after Investigator-1’s retirement from the DEA, which was funneled to Agent-1 through a company owned by a close family member of Agent-1. At the same time that this payment was made, MACEY and Investigator-1 began asking Agent-1 to run searches in the DEA’s Narcotics and Dangerous Drugs Information System (“NADDIS”), a database that contains confidential information about individuals who are or have been under investigation by the DEA.  Following that initial payment, MACEY and Investigator-1 continued to provide benefits to Agent-1, including $50,000 that was paid to Agent-1 for Agent-1’s purchase of a condominium in January 2019 and tens of thousands of dollars that were funneled from Investigator-1 through a company created by PAGAN.

In return, Agent-1 continued to provide nonpublic DEA information to MACEY and Investigator-1, including information about the timing of forthcoming indictments, information about DEA arrest plans of particular targets, and non-public information about arrests of criminal defendants.  Agent-1 also continued to search NADDIS for names of particular individuals requested by MACEY and Investigator-1, doing so on dozens of occasions during the scheme. In addition, during the scheme, MACEY and Agent-1 discussed Agent-1’s efforts to influence subjects of DEA investigations to retain MACEY as their attorney.  

*                *                *

MACEY, 54, of Coral Gables, Florida, and PAGAN, 52, of Miami, Florida, are each charged with one count of conspiracy to commit bribery, which carries a maximum term of five years in prison, and one count of receiving or paying a bribe, respectively, which carries a maximum term of 15 years in prison. MACEY and PAGAN are also charged with one count of conspiracy to commit honest services wire fraud and one count of honest services wire fraud, each of which counts carries a maximum term of 20 years in prison.  PAGAN is also charged with four counts of perjury in connection with false testimony that he provided in a related criminal trial in November 2023.  The charges against PAGAN were unsealed in November 2024.

The 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 the judge.

Mr. Podolsky praised the outstanding investigative work of the FBI and the Department of Justice Office of the Inspector General, and thanked the DEA’s Office of Professional Responsibility for its support in this matter.

The prosecution is being handled by the Office’s Illicit Finance and Money Laundering Unit.  Assistant U.S. Attorneys Emily Deininger and Mat Andrews are in charge of the prosecution. 


[1] The entirety of the text 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.

Former Executive Pleads Guilty to Stealing More Than $400,000 From San Diego Non-Profit

Source: US FBI

NEWS RELEASE SUMMARY – April 25, 2024

SAN DIEGO – Katherine Lu Acquista, former Director of Operations and Accounting for the San Diego Regional Economic Development Corporation, pleaded guilty in federal court today, admitting that she stole more than $400,000 from the non-profit for her personal benefit.

The Economic Development Corporation, known as EDC, works to maximize San Diego’s economic prosperity and global competitiveness. As Director of Operations and Accounting, Acquista had access to the EDC’s bank accounts, credit cards, checkbook and payroll system. According to her plea agreement, Acquista put personal expenditures on EDC’s credit card and directed the accounting department to issue checks from EDC to herself.

To conceal her scheme, Acquista caused false entries to be made in the non-profit’s accounting system to account for the missing funds. For example, Acquista put personal charges on the EDC credit card, and then caused the expenditures in the EDC’s accounting system to be entered as charges for maintenance and repairs or for office supplies. Similarly, Acquista directed that checks be written to herself from the EDC bank account but then caused the checks to be entered into EDC’s accounting system as charges for recurring IT expenses. Acquista admitted in her plea agreement that as a result of her scheme the EDC lost $433,275.89.

“This defendant took funds that were supposed to make San Diego a stronger business community and spent them on herself,” said U.S. Attorney Tara McGrath.  “Our office takes embezzlement from local businesses very seriously and will continue to vigorously prosecute these cases.”

“Ms. Acquista worked for an organization whose goal is to help the San Diego community; however, she chose to abuse her position of trust within the organization,” said FBI San Diego Acting Special Agent in Charge John Kim. “The FBI remains committed to ensuring that individuals who deliberately compromise the integrity of their position and organization for personal gain will be brought to justice.”

Acquista is scheduled to appear before U.S. District Judge Battaglia for sentencing on July 15, 2024, at 9 a.m.

DEFENDANTS                                 Case Number 24CR0765-AJB

Katherine Lu Acquista                                    Age: 47                                   Escondido, CA

SUMMARY OF CHARGES

Wire Fraud – Title 18, U.S.C., Section 1343

Maximum penalty: Twenty years in prison; $250,000 fine or the gross gain or loss from the offense, whichever is greater

INVESTIGATING AGENCY

Federal Bureau of Investigation

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.

*                *                *

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.