Orange County Husband and Wife Sentenced for Mortgage Fraud

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that defendants Gergawattie “Kamla” Seecharan, 49, and Bhardwaaj “Deo” Seecharan, 52, both of Orange County, were sentenced in federal court yesterday for their participation in an extensive mortgage fraud scheme.

Kamla Seecharan had previously pled guilty to conspiracy involving more than $50 million of mortgage loan funds, in violation of Title 18, United States Code, Sections 1341, 1343 and 1349. Deo Seecharan had pled guilty to conspiracy to commit bank fraud involving $3.5 million in diverted real estate escrow funds, in violation of Title 18, Untied States Code, Sections 1349 and 1344. At yesterday’s hearing, U.S. District Judge Jose E. Martinez sentenced Kamla Seecharan to 121 months in prison, to be followed by five years of supervised release. Judge Martinez also sentenced Deo Seecharan to 60 months in prison, to be followed by five years of supervised release. In addition, Deo Seecharan was ordered to pay $2,040,343.14 in restitution to the victim banks. The court scheduled a restitution hearing for December 18, 2012, in Fort Pierce, to determine the restitution to be paid to the victim mortgage lenders and banks by Kamla Seecharan.

According to statements made in court and publicly filed documents in the case, on December 9, 2010, the Seecharans and two others were indicted on bank fraud, conspiracy, money laundering, and related mortgage fraud charges. According to the charges, the Seecharans, along with their two co-defendants, conspired to solicit mainly Guyanese residents of Florida and other states to act as straw buyers on fraudulent applications for more than $50 million worth of mortgage loans in connection with the purchase of more than 150 homes in Indian River County, Miami-Dade County, and elsewhere. Approximately 80 individuals served as straw buyers of properties in Vero Lake Estates (VLE), in Indian River County, and other developments. This scheme resulted in the issuance of more than $50 million in fraudulent mortgage loans. The proceeds were then used to buy more properties, sustain the deception and service preexisting mortgage loans in the scheme, and pay kickbacks to the straw buyers.

In addition, Kamla Seecharan and codefendant Linda Rovetto unlawfully diverted more than $3.5 million in mortgage loans from real estate closing escrow accounts to Raviworld New Homes, Inc., a company managed by Kamla Seecharan’s husband and codefendant Deo Seecharan. Linda Rovetto was sentenced on August 21, 2012, by Judge Martinez to 42 months in prison for her part in the bank fraud.

Mr. Ferrer commended the investigative efforts of the FBI. Mr. Ferrer also thanked the State of Florida Office of Financial Regulation, Bureau of Finance, West Palm Beach Regional Office for their work on this investigation. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.

Canadian Man Sentenced to More Than Six Years in Federal Prison for Receiving Child Pornography Over the Internet

JACKSONVILLE, FL—United States District Judge Marcia Morales Howard sentenced Christian Yvon Lapierre (47, a Canadian citizen residing in Jacksonville) to 77 months in federal prison for receiving child pornography over the Internet. The court also ordered Lapierre to serve seven years of supervised release following his release from prison and to register as a sex offender.

According to court documents, an investigator with the Florida Attorney General’s Office conducted an undercover operation to identify individuals using the Internet to share child pornography. The investigator was able to identify an Internet protocol (IP) address located in Jacksonville that was sharing files depicting child pornography. Further investigation revealed that the Internet service account for this IP address resolved to Lapierre’s Jacksonville residence.

A federal search warrant was executed at Lapierre’s residence, and law enforcement officers seized two computers and other digital media. Lapierre was inside the residence when the search warrant was executed. During an interview, Lapierre advised that he had two computers: one desktop and one laptop. He admitted that he was the one who downloaded files using the particular software program and that he had some videos showing kids on there, as well as some “teen stuff.” Subsequent forensic analysis revealed that Lapierre’s computer media contained five videos and one image depicting child pornography.

This case was investigated by the Federal Bureau of Investigation, the former Child Predator Cybercrime Unit of the Florida Attorney General’s Office, the Naval Criminal Investigative Service, the St. Johns County Sheriff’s Office, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.

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 individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “Resources.”

Homestead Man Indicted in BP Claims Fund Fraud Scheme

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida; Michael B. Steinbach, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; Henry Gutierrez, Postal Inspector in Charge, U.S. Postal Inspection Service, Miami Division; Paula Reid, Special Agent in Charge, United States Secret Service; and Richard Walker, Special Agent in Charge, U.S. Department of Labor, Office of Inspector General-Office of Labor Racketeering and Fraud Investigation, announced the indictment of Jean Mari Lindor, 31, of Homestead, Florida, for his participation in filing false claims in connection with the Deepwater Horizon explosion and pollution incident in the Gulf of Mexico. More specifically, the indictment alleges mail fraud, wire fraud, and access device fraud, all in connection with fraudulent claims filed by the defendant for lost income against the Gulf Coast Claims Facility, in violation of Title 18, United States Code, Sections 1341, 1343, 1029(a)(2) and (b)(1), and 2.

Lindor previously appeared in court after his arrest on a criminal complaint related to this conduct, and was ordered detained pending trial as a risk of flight. The case has been assigned to the U.S. District Judge K. Michael Moore. If convicted of the charges in the indictment, Lindor faces possible terms of imprisonment of up to 20 years on each of the five counts of mail fraud and wire fraud and up to 10 years’ imprisonment on the three counts of access device fraud.

According to the allegations in the indictment and statements in court, in June 2010, BP established the Gulf Coast Claims Facility (GCCF) for the purpose of administering, mediating, and settling certain claims of individuals and businesses for costs, damages, and other losses incurred as a result of oil discharges due to the April 20, 2010 explosion and fire on the Deepwater Horizon, an oil rig in the Gulf of Mexico. In August 2010, the GCCF began receiving and processing claims from individuals and businesses for costs, damages, and other losses they had incurred as a result of the Deepwater Horizon incident, paying the claims from a $20 billion Trust Fund established for that purpose.

The indictment alleges that Jean Mari Lindor filed fraudulent claims against the fund, in his own name and in the name of a not-for-profit business he established, called Noula, Incorporated, located in Homestead. According to the indictment, Lindor sought Emergency Assistance Payments of $12,000 and $25,000, respectively, on his personal and business claims.

To execute his scheme to defraud the GCCF, Lindor used the mail and the Internet to open the claims, and to submit required forms and documentation, including employment verification letters and tax return documents. The indictment alleges that the documents Lindor provided in November and December 2010 were materially false in that they represented that Lindor was an employee of an organization in the Florida Keys at the time of the spill and that his hours and income had been curtailed as a result of the Deepwater Horizon incident. Those statements were false.

The indictment further alleges that Lindor used unauthorized access devices during the criminal conduct, consisting of the unique GCCF claim numbers assigned to his fictitious claims, and without which he would have been unable to communicate with the GCCF, or cause payments to be issued to them.

Mr. Ferrer commended the investigative efforts of the FBI, U.S. Postal Inspection Service, the U.S. Secret Service, the Department of Labor Office of Inspector General, and the U.S. Citizenship & Immigration Service, Fraud Detection and National Security Directorate. The case is being prosecuted by Assistant U.S. Attorney Thomas Watts-FitzGerald.

An indictment is only an accusation and a defendant is presumed innocent until and unless proven guilty.

Members of the public can report fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, including the 2010 Deepwater Horizon oil spill, through the National Center for Disaster Fraud (NCDF) Disaster Fraud Hotline at 877-NCDF-GCF (623-3423), the Disaster Fraud Fax at 225-334-4707, or the Disaster Fraud e-mail at disaster@leo.gov.

South Florida Man Sentenced to 120 Months in Prison in Drug Diversion Scheme

A South Florida man, William D. Rodriguez, has been sentenced to serve 120 months in prison in connection with a multi-million dollar prescription drug diversion and money-laundering scheme, the Justice Department announced today.   U.S. Judge Donald L. Graham of the Southern District of Florida also ordered that Rodriguez serve two years of supervised release after completion of his prison sentence.

 In June, Rodriguez pleaded guilty to conspiring with Altec Medical Inc. to defraud the U.S. Food and Drug Administration (FDA) in a scheme involving the resale of prescription drugs that had been diverted from lawful channels of distribution and resold to Altec by two companies controlled by Rodriguez.   Rodriguez also pleaded guilty to a separate conspiracy charge involving the laundering of proceeds of the diversion scheme.

“Drug diversion” refers to various ways in which prescription drugs are removed from lawful channels of distribution and then reintroduced into the marketplace for sale to consumers.  

 In a document submitted to the court at the time of his guilty plea, Rodriguez admitted that all of the drugs sold to Altec had been obtained from unlicensed, illegal drug distributors.   Rodriguez advised the court that the drugs were often obtained from street-level transactions in Miami, including those where individuals sold their medications for money.   In other instances, Rodriguez told the court that the drugs had been obtained from cargo thefts.  

 Rodriguez further admitted the conspirators created drug “pedigrees” that falsely said that the drugs had been obtained from legitimate sources, such as drug manufacturers or their authorized distributors.   Pedigrees are records of wholesale drug transactions and must reflect all prior sales or distributions of the drugs.   Rodriguez also admitted to conspiring to launder proceeds of the diversion scheme by cashing numerous checks over $10,000.   On Aug. 20, 2012, the court ordered Rodriguez to forfeit $55 million, representing the proceeds of the scheme.  

“Drug diversion is a serious crime that puts consumers at risk,” noted Stuart F. Delery, Acting Assistant Attorney General for the Justice Department’s Civil Division.   “Drugs diverted from the lawful channels of distribution may not have been properly handled and stored, which means they could have been contaminated, had their mechanisms of action altered, or they could be expired.  Drug Diversion undermines the safety and effectiveness of our prescription drug system, and we will continue to prosecute those who engage in it.”

The Justice Department advises consumers who have concerns about a drug to check the lot numbers on the manufacturer’s web site to see if there are any warnings about it.   Use of diverted drugs can cause unpredictable adverse side effects and may fail to treat the condition for which a consumer is taking the drugs.

 On Aug. 10, 2012, Altec pleaded guilty to the diversion scheme, was fined $2 million, and was ordered to forfeit $1 million.  

In April, Eduardo Torres, Rodriguez’s co-conspirator, pleaded guilty to the crime of providing a false drug pedigree.   He is scheduled to be sentenced on Sept. 19, 2012.

 The cases involving Rodriguez, Altec and Torres were investigated by the FDA’s Office of Criminal Investigations.   The cases were prosecuted by Assistant U.S. Attorney Jon M. Juenger of the U.S. Attorney’s Office for the Southern District of Florida, and David A. Frank of the Justice Department’s Consumer Protection Branch.   Additional assistance was provided by Joshua Eizen of the FDA’s Office of Chief Counsel for Enforcement.

St. Augustine Sex Offender Charged with International Transportation of Child Pornography

JACKSONVILLE, FL—United States Attorney Robert E. O’Neill announced today that Charles Lee Gorish (66, St. Augustine) has been charged by a federal criminal complaint with transporting child pornography from Florida to Canada. If convicted, Gorish faces at least 15 years and up to 40 years in federal prison. He was arrested at his St. Augustine residence on September 7, 2012.

According to the criminal complaint, Gorish sent a package via Federal Express to an individual in Ontario, Canada. The package contained, among other things, two micro SD media cards with numerous images of child pornography. It was intercepted by Canadian law enforcement officers. Canadian officials notified the St. Johns County Sheriff’s Office (SJCSO), the Federal Bureau of Investigation, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations regarding the seizure of this package.

Further investigation revealed that Gorish is a registered sex offender. According to court records, he was convicted on February 24, 1992, in Hillsborough County, Florida, for lewd and lascivious conduct on a child under 16 years of age. On September 7, 2012, FBI agents and SJCSO personnel executed a federal search warrant at Gorish’s residence. During an interview, Gorish admitted, among other things, that he acquired the files on the SD cards, depicting sexually explicit images of boys, from the Internet over a period of years. He was subsequently arrested.

A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent until, and unless, proven guilty.

This case was investigated by the Canadian Border Services Agency, Ottawa Police Services, St. Johns County Sheriff’s Office, the Federal Bureau of Investigation, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

It is another 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 individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “Resources.