SAN DIEGO – A father and son who fraudulently won over $4 million
of federal contracts using false financial statements and other lies were
sentenced to prison today and ordered to pay over $1 million in
restitution. The father also admitted to
stealing more than half a million dollars from his consulting clients, and then
using some of the laundered money to close escrow on a Rancho Santa Fe mansion.
U.S. District Judge Roger T. Benitez sentenced Joseph Glenn
Osborne, Sr., 68, to 57 months in prison for wire fraud and participating in a
wire fraud conspiracy with his son and codefendant, Joseph Glenn Osborne, II,
31. Osborne, II was sentenced to 12
months for falsely making a writing to obtain money from the United States.
In handing down the sentence, Judge Benitez told the father
it appeared he’d “made a life out of lying and cheating.”
In his plea agreement, Osborne, Sr. admitted that he stole
$588,489 from three different small businesses that had hired him as a
consultant for securing federal contracts.
According to court documents and his own admissions, Osborne, Sr.
promised to help the victims get contracts with the U.S. Department of
Agriculture (USDA). Osborne, Sr. then
misused his position as their agent to change banking information in an online
government system, so when USDA paid on his clients’ contracts, Osborne, Sr.
diverted the funds to his own accounts.
According to his plea agreement, Osborne, Sr. laundered some
of the stolen money and used it to make a down payment on a $2.7 million
mansion in Rancho Santa Fe, California.
Osborne, Sr. then forged a pair of emails to conceal the source of the
money by falsely claiming that it was an early retirement withdrawal from his
government benefits account. In fact,
according to court filings, Osborne, Sr. had no such account; the agency he
impersonated did not actually exist; and he had simply altered an email from a
real government employee.
In 2013, after Osborne, Sr.’s clients terminated him, the
Osbornes agreed to submit fraudulent financial statements to qualify Osborne,
II’s new business—Worldwide Connect LLC (WWC)—as an approved USDA
contractor. As set out in their guilty
pleas, the Osbornes recruited Osborne, II’s friend and bookkeeper to prepare
false financial statements that substantially overstated WWC’s financial
health. For example, the statements
fraudulently converted WWC’s 2013 year-end cash position from a $5,546
shortfall to a $37,954 surplus.
The Osbornes also falsely certified that none of WWC’s
principals was suspended or debarred from federal contracting. In fact, according to documents filed in the
case, Osborne, Sr. was suspended and debarred from all federal contracting from
November 2013 to October 2016, due to conduct at his prior business, Global
Health & Safety.
As a result of its fraud, WWC was approved for federal
contracting and won over $4 million of USDA food supply contracts. Four of the five contracts were terminated
for contractor default, however, after WWC failed to deliver over 100,000 cases
of fruit juice and raisins to community food banks and lunch programs. The Osbornes admitted that WWC caused its
suppliers and financing company over $1.5 million in losses. Meanwhile, as set out in the plea agreements
and court filings, the Osbornes paid themselves approximately $285,245 of WWC
funds in little more than a year. They
also used other company money for personal expenses—including almost $10,000 of
nightclub charges and luxury hotel stays, and thousands more for escrow and
renovating expenses for Osborne, Sr.’s new personal residence.
After their contracts were terminated, the Osbornes applied
to the Small Business Administration (SBA) to be readmitted to federal
contracting. As part of that
application, Osborne, II misstated Osborne, Sr.’s military history, falsely
claiming his father was a retired colonel in the Marine Corps. Osborne, II also supplied a variety of
falsified tax returns to the SBA for himself and WWC, including an altered tax
return that converted his real $14,870 tax liability into a fake $5,427 tax
overpayment.
In addition to their prison terms, each defendant was
ordered to pay restitution to their victims in the amounts of approximately
$1.7 million for Osborne, Sr. and $1.5 million for Osborne, II.
“Government contracting depends upon the basic integrity and
honesty of the people who seek to do business with the United States,” said U.S.
Attorney Adam L. Braverman. “We will investigate and prosecute white collar
criminals who think that they can manipulate the contracting system and enrich
themselves through lies and deception.”
FBI Special Agent in Charge John Brown said, “The FBI and
our partner at USDA-OIG uncovered repeated deceit, theft and fraud by the
Osbornes. Today, the personal greed and self-promotion ended with a federal
sentence of custodial time and $1.7 million ordered in restitution to the
victims. The American taxpayers and
their government funded programs deserve the dogged pursuit of justice
exemplified by this case.”
Special Agent-in-Charge Lori Chan, United States Department
of Agriculture (USDA), Office of Inspector General (OIG), Western Region,
stated, “The USDA OIG has the responsibility for protecting the integrity of
the Agriculture Marketing Service, Commodity Procurement Program. OIG conducts investigations in each region of
the U.S. to deter and uncover criminal activity that undermines the Commodity
Procurement Program. Contractors who
engage in financial fraud exploit the public’s trust. The OIG at USDA works to ensure the integrity
of USDA programs.”
This case was investigated by the U.S. Department of
Agriculture, Office of Inspector General, and the Federal Bureau of
Investigation. The case is being prosecuted by Assistant U.S. Attorneys
Nicholas W. Pilchak and Andrew J. Galvin.
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