BOSTON – Two defendants will plead guilty to charges in
connection with using bribery and other forms of fraud to facilitate the
admission of applicants to selective colleges and universities.
Laura Janke, 36, of North Hollywood, Calif., a former
assistant coach of women’s soccer at the University of Southern California
(USC), will plead guilty to conspiracy to commit racketeering and will
cooperate with the government’s investigation. Janke was previously indicted
along with 11 other defendants.
Toby MacFarlane, 56, of Del Mar, Calif., a former senior
executive at a title insurance company, will plead guilty to one count of
conspiracy to commit mail fraud and honest services mail fraud. MacFarlane was
previously charged by criminal complaint.
The defendants were charged in March 2019 with conspiring
with William “Rick” Singer, 58, of Newport Beach, Calif., and other parents,
coaches and university administrators, to use bribery and other forms of fraud
to secure the admission of students to selective colleges and universities and
to cheat on college entrance exams. According to court documents, MacFarlane
paid $450,000 to facilitate the admission of his children to USC as purported
athletic recruits. Specifically, on Oct. 3, 2013, Singer emailed MacFarlane’s
daughter’s high school transcript and college exam scores to Janke and another
defendant. Soon after, Singer caused a purported charitable organization he
established, the Key Worldwide Foundation (KWF), to wire $50,000 to a private
soccer club controlled by Janke and the other defendant. Using materials
provided by MacFarlane and Singer, Janke then created a falsified soccer
profile for MacFarlane’s daughter, falsely describing her as a “US Club Soccer
All American” in high school. MacFarlane’s daughter was presented to the USC
subcommittee for athletic admissions as a purported soccer recruit, and was
accepted to USC in March 2014. On May 2, 2014, MacFarlane issued a $200,000
check to the Edge College & Career Network LLC (“The Key”) – Singer’s for-profit
college counseling and preparation business – with “Real Estate Consulting
& Analysis” written in the memo line. On May 12, 2014, Singer issued a
$100,000 payment to the private soccer club which Janke partly controlled.
Similarly, in November 2016, Singer directed Janke to create
a falsified basketball profile for MacFarlane’s son. Singer then emailed the
profile to a USC administrator to present to the USC subcommittee for athletic
admissions as a purported basketball recruit. In February 2017, USC issued a
conditional acceptance to MacFarlane’s son as a student-athlete. On Feb. 23,
2017, MacFarlane sent a $50,000 check to USC Athletics, and the following month
USC mailed MacFarlane’s son a formal acceptance letter. On April 18, 2017,
MacFarlane issued a $200,000 check to KWF with “Real Estate Consulting” written
in the memo line.
Plea hearings have not yet been scheduled by the Court. Case
information, including the status of each defendant, charging documents and
plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of racketeering conspiracy provides for a
sentence of no greater than 20 years in prison, three years of supervised
release, a fine of $250,000 or twice the gross gain or loss, whichever is
greater, and restitution. The charge of conspiracy to commit mail fraud and
honest services mail fraud provides for a maximum sentence of 20 years in
prison, three years of supervised release, and a fine of $250,000 or twice the
gross gain or loss, whichever is greater. Sentences are imposed by a federal
district court judge based upon the U.S. Sentencing Guidelines and other
statutory factors.
United States Attorney Andrew E. Lelling; Joseph R.
Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation,
Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the
Internal Revenue Service’s Criminal Investigations in Boston, made the
announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D.
O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and
Financial Fraud Unit are prosecuting the cases.
The details contained in the court documents are allegations
and the remaining defendants are presumed innocent unless and until proven
guilty beyond a reasonable doubt in a court of law.
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