On June 3, 2015, a federal grand jury in the District of
Puerto Rico returned a five count indictment charging Jose A. Rosa-Colon, his
brother and business partner, Ivan Rosa-Colon and Louis Enrique Torres with a
multi-million dollar Service-Disabled Veteran-Owned Small Business (SDVOSB)
scheme to defraud the U.S. Department of Veteran Affairs. The charges include major fraud against the
United States and wire fraud. This
investigation was conducted by Special Agents from the U.S. Department of
Veteran Affairs, Office of Inspector General, Criminal Investigations Division.
The indictment unsealed in federal court today alleges that
from on or about 2007 to 2014, Ivan Rosa-Colon, Jose Rosa-Colon and Torres
conspired to use Jose Rosa-Colon’s service-disabled veteran status to create
BELKRO General Contractors, which was a pass- through or front company for Ivan
Rosa-Colon’s other business, IRC Air Contractors.
The indictment alleges that Ivan Rosa-Colon and Louis Torres
used Jose Rosa-Colon’s service-disabled veteran status to certify and register
BELKRO General Contractors in various government databases as a SDVOSB after
Ivan Rosa- Colon learned that President George W. Bush would be signing a
government stimulus package encouraging the use of SDVOSB. The stimulus package would allow for
government agencies to award non-competitive, set-aside or sole-source
government contracts to SDVOSB like BELKRO General Contractors.
The indictment further alleges that Jose Rosa-Colon, owner
of BELKRO General Contractors, was employed as a full-time U.S. Postal Service
Carrier; he was not in charge of the day to day operations of BELKRO General
Contractors. Jose Rosa-Colon was simply
a figurehead or “rent-a-vet”, who was being used for his service-disabled
veteran status to obtain contracts for his brother Ivan Rosa-Colon’s
company. As a result of the scheme,
BELKRO General Contractors unlawfully received set-aside and/or sole-source
SDVOSB contracts from the U.S. Department of Veterans Affairs, including
contracts involving American Recovery and Reinvestment Act (ARRA) funds.
If convicted, they face a term of 20 years in prison as to
each wire fraud charge and up to ten years in prison for the charges of major
fraud against the United States.
Additionally, they face fines of up to $250,000 and up to three years of
supervised release as to each count.
This indictment was announced today by U.S. Attorney Rosa
Emilia Rodríguez-Vélez for the District of Puerto Rico, Special Agent in Charge
Monty Stokes for the Southeast Field Office, Department of Veterans Affairs,
Office of Inspector General, Criminal Investigations Division and Acting
Special Agent in Charge Sharon Johnson for the Eastern Regional Office, Small
Business Administration, Office of Inspector General. The government is represented by Assistant
U.S. Attorney Julia Diaz-Rex.
Members of the public are reminded that an indictment
constitutes only charges and that every person is presumed innocent until their
guilt has been proven beyond a reasonable doubt.
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