Saturday, June 30, 2012

Man Pleads Guilty to a $2 Million Mortgage Fraud


TALLAHASSEE, FL—Robert Martin Tolentino, 50, of Grand Rapids, Michigan, pleaded guilty in federal court in Tallahassee today to defrauding SunTrust Mortgage, Inc. on a $2 million mortgage. The guilty plea was announced Pamela C. Marsh, United States Attorney for the Northern District of Florida.

In October 2006, Tolentino applied for refinancing of his residential property located on St. George Island. In his application, he falsely represented that his monthly salary was $48,000 to $60,000 per month. According to Tolentino’s W-2 forms which were submitted to the Internal Revenue Service, his annual salary was approximately $183,647 and $174,250, for the 2005 and 2006 tax years, respectively. Tolentino also misrepresented that the subject property was his primary residence, when in fact, he had listed the property with a vacation rental business and had received more than $20,000 in rental income between July and December 2006. The rental income was not disclosed on the application and Sun Trust Mortgage approved the loan for $2 million.

Tolenino’s sentencing is scheduled for September 26, 2012, before United States District Judge Judge Robert L. Hinkle. Tolentino is facing a maximum sentence of 30 years in prison, a $1 million fine, five years of supervised release, and a $100 special monetary assessment as a result of his conviction for committing wire fraud affecting a financial institution.

U.S. Attorney Marsh had special praise for the work of the Federal Bureau of Investigation, whose investigation led to the prosecution in this case. The case is being prosecuted by Assistant United States Attorney Winifred Acosta NeSmith.

Government Auditor and Restauranteur Sentenced in Operation Zenith


United States Attorney Donald J. Cazayoux, Jr., announced today that Chief U.S. District Judge Brian A. Jackson sentenced the final two defendants in Operation Zenith, a long running investigation into fraud and corruption involving the payment and collection of sales and payroll taxes. The Operation resulted in the convictions of five prominent businessmen, the president of an accounting firm, and a government auditor.

ROSTOM H. LAYMON, age 53, of Baton Rouge, Louisiana, was sentenced to 33 months’ imprisonment, a term of supervised release following imprisonment of two years, restitution to state and local governments in the amount of $140,000, and a fine of $70,000. The sentence stems from LAYMON’s pleas of guilty to two counts of mail fraud and three counts of bribery based on criminal activity involving his restaurants, including Arzi’s Express in the Mall of Louisiana, Cajun CafĂ© in the Mall of Louisiana, and Arzi’s Restaurant on Government Street. Because of LAYMON’s cooperation with the government and acceptance of responsibility, his sentence was significantly reduced from what it would have otherwise been.

LAYMON’s criminal activity included (1) defrauding his customers and state and local governments as part of a sales tax scheme in which the sales from his restaurants were fraudulently under-reported by millions of dollars, resulting in $140,000 in losses to state and local governments; (2) paying multiple bribes to individuals he believed to be officials with the East Baton Rouge Parish Auditor’s Office in connection with sales tax audits, including offers of prostitutes and foreign travel; and (3) defrauding the State of Louisiana of payroll tax revenue by fraudulently under-reporting the amount of wages paid and individuals employed by approximately fifty-percent, including the concealment of numerous illegal aliens employed in his restaurants.

JEROME R. SHORE, age 57, of Baton Rouge, Louisiana, was sentenced to two years’ probation, four months in a half-way house, and restitution to East Baton Rouge Parish in the amount of $60,000. The sentence stems from SHORE’s plea of guilty to bribery. While an auditor with the East Baton Rouge Parish Auditor’s Office, SHORE took a bribe in connection with an audit of certain restaurants owned by Jamal Roman. As a result of the bribe, SHORE assessed Roman $60,000 less than he should have. SHORE faced a significant sentence, but his extensive cooperation with the government and his acceptance of responsibility resulted in a substantial lessening of his sentence.

Today’s sentences are part of Operation Zenith, which uncovered evidence that business owners and the president of an accounting firm had been under-reporting the sales from various businesses by over ten million dollars ($10,000,000) in order to avoid remitting sales tax to the state and local governments. In an attempt to conceal this massive scheme, the business owners and the accountant paid bribes to officials within the East Baton Rouge Parish Auditor’s Office and agreed to bribe an auditor with the Louisiana Department of Revenue. The Operation also uncovered systemic defrauding of the State of Louisiana through the fraudulent underpayment of payroll taxes.

The status of the five other Operation Zenith defendants is as follows:

■Humam S. Al-Alousi: Convicted of mail fraud involving sales tax fraud, bribery involving a federally-funded entity, and making a false statement to the FBI. He was sentenced to 60 months’ imprisonment, two years’ supervised release, a $100,000 fine, and $220,401 in restitution.
■Jamal M. Roman: Convicted of conspiracy to commit mail fraud and bribery, mail fraud, and bribery involving a federally-funded entity. He was sentenced to 53 months’ imprisonment, two years’ supervised release, a $20,000 fine, and $726,476 in restitution.
■Khoa Dinh Chau: Convicted of mail fraud involving sales tax fraud and bribery. He was sentenced to 37 months’ imprisonment, two years’ supervised release, a $30,000 fine, and $98,695 in restitution.
■Mohamed H. Ruman: Convicted of mail fraud involving payroll tax fraud. He was sentenced to 4 months’ imprisonment, 4 months in a half-way house, two years’ supervised release, and $56,000 in restitution.
■Hassan S. Abousoayd: Convicted of bribery and using an interstate facility in aid of racketeering. He was sentenced to three years’ probation, 8 months home detention, a $20,000 fine, and $134,000 in restitution. He received a substantially reduced sentence based on his extensive cooperation with the government, including participation in covert operations, and acceptance of responsibility.

Operation Zenith is the result of the combined efforts of the United States Attorney’s Office, the Federal Bureau of Investigation, and the Louisiana State Police Criminal Intelligence Unit. The investigation has also been assisted by the East Baton Rouge Parish Auditor’s Office, the U.S. Department of Homeland Security, the Louisiana State University Police Department, the Louisiana Department of Labor, the Louisiana Department of Revenue, the Ascension Parish Sales and Use Tax Authority, the Internal Revenue Service, and the Government of Lebanon.

United States Attorney Donald J. Cazayoux, Jr. stated, “Operation Zenith demonstrates the willingness of this office and our law enforcement partners to commit the resources necessary to root out fraud and corruption wherever found. Fraudsters who seek to undermine the fiscal and moral integrity of our local governments will continue to be dealt with aggressively.”

FBI Acting Special Agent-in-Charge, Todd B. Cox, stated, “Today’s sentencings in this matter reflect the commitment of the FBI and our law enforcement partners to follow fraud and corruption when anyone chooses to disobey the laws and play by their own rules.”

Operation Zenith was prosecuted by Assistant United States Attorneys Corey R. Amundson, who serves as the Senior Deputy Criminal Chief, Alan A. Stevens, and Reginald Jones.

Chinese National Indicted for Allegedly Smuggling Counterfeit Tobacco Products into the U.S.


PROVIDENCE, R.I. — A federal grand jury in Providence, R.I., on Wednesday returned a two-count indictment charging a Chinese national with selling and importing counterfeit tobacco products into the United States from China, earmarked for Rhode Island. Lin Xiao Wei, 31, has been detained since his arrest in Miami on June 4, 2012, by the FDA-OCI Task Force from Rhode Island.

The arrest and indictment of Wei was announced by Peter F. Neronha, United States Attorney for the District of Rhode Island; Mark Dragonetti, Special Agent in Charge of the FDA-OCI; and Guy N. Thomas, Special Agent in Charge of the ATF Boston Field Office.

According to an affidavit in support of a criminal complaint and arrest warrant filed with the U.S. District Court in Providence, in February 2012, FDA-OCI task force agents in Rhode Island coordinated with agents from ATF to investigate the alleged importation of counterfeit cigarettes, prescription drugs and other items by Wei.

According to the affidavit, with the assistance of a confidential informant who had previously communicated and met with Wei on several occasions, federal agents arranged for the purchase and shipment from China to the United States of a 20-foot cargo container containing 17 pallets of alleged counterfeit Marlboro cigarettes, worth in excess of one million dollars. The container, which shipping documentation claimed contained 696 cartons of leather products, was shipped from a port in China on March 27, 2012.

Between the time Wei allegedly agreed to ship the alleged fraudulent tobacco products to the U.S., and the arrival of the cargo container through a port in Miami on April 27, 2012, several wire transactions were sent to Wei for the cost of the product and associated shipping fees. Upon arrival in Miami, FDA-OCI and Homeland Security Investigations agents seized the container.

According to the affidavit, CBP database records indicated that Wei entered the United States through New York on May 28, 2012. On June 3, 2012, Wei met with the confidential informant and an undercover FDA-OCI Task Force agent from Rhode Island at a Miami hotel. Wei allegedly discussed the shipment of the alleged fraudulent tobacco products shipped from China to Miami, as well as previous shipments of counterfeit pharmaceutical products, such as Viagra, and the availability of other fraudulent products.

An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

U.S. Attorney Peter Neronha thanked Wifredo A. Ferrer, United States Attorney for the District of Southern Florida, and his staff, for their assistance in this matter.

U.S. Attorney Neronha commended FDA-OCI Rhode Island Task Force members from the FDA-OCI, Rhode Island State Police, East Providence Police and North Providence Police for their efforts in this multi-jurisdictional investigation.

The case is being prosecuted by Assistant U.S. Attorneys Adi Goldstein and Richard B. Myrus.

Pennsylvania Man Charged with Fraud in Ambulance Scheme


A Churchville, Pa., man was arrested today on charges contained in a 23-count indictment for his alleged role in a scheme to defraud Medicare by billing for fraudulent ambulance services, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Zane D. Memeger.

 An indictment unsealed today charges William V. Hlushmanuk, aka “Bill Le,” 35, of Churchville, Pa., with 21 counts of health care fraud, one count of conspiring to commit health care fraud and one count of aiding and abetting in a false statement relating to a health care matter.  

 The indictment alleges that between 2006 and April 2011, Hlushmanuk and others devised a scheme to defraud Medicare of more than $5.4 million dollars.   According to the indictment, Hlushmanuk used a straw owner to fraudulently open Starcare Ambulance because he was otherwise ineligible to own the company.   Starcare primarily transported dialysis patients and fraudulently billed Medicare for patient transport for patients who could walk and whose transportation by Medicare was not medically required.  The scheme involved transports in vans and fraudulent representations to Medicare’s administrative contractor, Highmark Medicare Services, to induce them to pay for these services.   The indictment seeks forfeiture of $5,443, 315, as well as a 2006 Hummer.

 If convicted of all charges, Hlushmanuk faces a statutory maximum sentence of 10 years in prison on each of the health care fraud and conspiracy counts, five years for aiding and abetting in false statements relating to health care fraud, a three year term of supervised release, and a fine of up to $250,000.

 The case was investigated by the FBI and the U.S. Department of Health and Human Services Office of Inspector General.   It is being prosecuted by Trial Attorney Sam G. Nazzaro of the Organized Crime and Gang Section in the Justice Department’s Criminal Division.

 An indictment contains charges and defendants are innocent until proven guilty beyond a reasonable doubt.

Friday, June 29, 2012

Member of Santa Fe Springs City Council Charged in Federal Bribery Case for Taking Thousands of Dollars from Marijuana Store Operator


LOS ANGELES—A Santa Fe Springs City Councilman was named today in a federal bribery case that alleges he took thousands of dollars in cash bribes from the operator of a marijuana store who wanted to influence the city to allow his store to stay open.

Joseph Serrano Sr., 62, who from the end of 2010 through October 2011 served as the mayor of Santa Fe Springs, has agreed to plead guilty to a felony bribery count in a plea agreement that was also filed this morning in United States District Court.

“A public official is entrusted with the well-being of the community he or she serves, no matter how large or small,” said United States Attorney AndrĂ© Birotte Jr. “Here, Mr. Serrano chose to use his public office to shamelessly line his own pockets rather than use his elected position for the public good. The Department of Justice will continue to act as a watchdog for the public to protect them from self-serving officials like Mr. Serrano.”

In the statement of facts in the plea agreement, Serrano admits that he asked the operator of the marijuana store to pay money in exchange for “information about the City’s plans to regulate marijuana dispensaries and Serrano promised that he “would do what he could with regard to the City Council’s consideration of the marijuana dispensary issue to help the dispensary operator’s dispensary stay in business. On several occasions, defendant [Serrano] did in fact provide the dispensary operator with inside information regarding the City’s regulation of marijuana dispensaries.”

Soon after he became mayor, Serrano had a meeting with the marijuana store operator, told him that he controlled one other member of the City Council, and asked for $1,500, ostensibly to pay medical expenses for a sick relative. The marijuana store operator subsequently gave Serrano a $1,500 check and prepared paperwork to make it appear the money was a loan.

After this first payment, the marijuana store operator became an FBI informant and began recording a number of conversations with Serrano. During a meeting in late 2010, the informant gave Serrano $1,500 in cash and Serrano told the marijuana store operator: “I think you’re gonna be fine. I think you’re gonna hang in there” and that Serrano and another City Council member were “behind your cause” and “have your back” with regard to the City’s regulation of dispensaries, according to the plea agreement. Serrano also told the informant: “And I have to say, I can’t say to you directly. . . . Because if I say it directly then that’s you, know, . . . that’s bribe money, . . . . Um, we, you have, we have your back.”

During subsequent meetings in 2011, the informant made several payments to Serrano of between $1,700 and $3,000, according to the statement of facts. During a March 2011 meeting, Serrano asked the informant if he could receive monthly cash payments of at least $1,600, which Serrano stated was the amount of his mortgage payment. “I don’t want to say being put on the payroll, but on a monthly basis getting something from you,” Serrano allegedly asked.

Serrano admits in the plea agreement that he took $10,000 in cash that had been provided by the FBI to the informant, and that the total amount of bribes was $11,500. The FBI’s Acting Assistant Director In Charge in Los Angeles, Timothy Delaney, said, “Mr. Serrano was hired to be accountable and to set a good example in Santa Fe Springs, but instead he is charged with flouting the democratic process by allowing cash to influence his decisions, instead of the best interest of city residents.” A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.

The charge of bribery carries a statutory maximum sentence of 10 years in federal prison. The plea agreement contemplates a sentence of approximately three years in federal prison. The actual sentence to be imposed in this case will be determined by a United States District Judge. Serrano has agreed to appear for an arraignment in United States District Court on July 12.

The case against Serrano was investigated by the Federal Bureau of Investigation.