Showing posts with label Mail Fraud. Show all posts
Showing posts with label Mail Fraud. Show all posts

Saturday, February 19, 2022

Disbarred attorney who stole millions from LA and OC clients sentenced to 12 years

Philip Layfield was found guilty of 22 counts, including wire fraud, mail fraud, tax evasion, failure to collect and pay over payroll taxes and failure to file a tax return.

 
By City News Service


A disbarred personal injury lawyer who operated in Irvine, Los Angeles and El Segundo was sentenced to 12 years behind bars on Thursday, Feb. 17, for stealing the majority of a multimillion-dollar settlement that should have been paid to a car accident victim, as well as cheating on his taxes.

Philip Layfield was found guilty of 22 counts, including wire fraud, mail fraud, tax evasion, failure to collect and pay over payroll taxes and failure to file a tax return, according to the U.S. Attorney’s Office.

Following the August 2021 jury verdicts in Los Angeles federal court, the 48-year-old Layfield was remanded into federal custody.

After he had misappropriated millions of dollars from clients’ settlements, Layfield relocated to Costa Rica. Just before getting on a flight headed there, Layfield borrowed $700,000 from a business lender by providing misleading information and failing to disclose material information.

He then used substantial portions of the loan proceeds for personal expenses, including buying and shipping horses to Costa Rica, evidence showed.

In 2016, Layfield entered into an agreement to represent an individual who was struck by an automobile in Orange County and suffered significant injuries. After negotiating a $3.9 million settlement related to the accident, Layfield misappropriated most of the money owed to the victim — about $2 million — for personal and business uses, including to pay clients whose settlement proceeds Layfield had earlier misappropriated.

The car accident victim received only $25,000 of the settlement proceeds. Layfield also failed to file a federal income tax return for the tax year 2016, despite receiving more than $3 million, including embezzled client settlement money. He also caused his law firm to not pay about $120,976 in payroll taxes to the United States government for the second quarter of 2017.

The State Bar of California disbarred Layfield in October 2018. He also was a certified public accountant, but his CPA license expired in July 2019.

Full Article & Source:

Wednesday, December 29, 2021

TOP STORIES OF 2021: From his arrest to election as St. Clairsville councilman, Mark Thomas made headlines this year

MARK THOMAS
ST. CLAIRSVILLE — Mark Thomas, a former St. Clairsville attorney and past Belmont County commissioner, began making headlines in September when he was indicted by a federal grand jury for mail fraud. As his case started to make its way through the courts, Thomas remained on the ballot and was elected to a St. Clairsville City Council seat.

Thomas is facing four charges of felony mail fraud stemming from allegations that he abused his status as power of attorney and stole more than $500,000 from an elderly client with dementia.

Thomas, 61, was arrested during a traffic stop in the alley behind the St. Clairsville Public Library.

He was transported to the Belmont County Jail on a federal warrant and held there without bond until federal authorities arrived to transport him to another location.

If convicted of all four mail fraud charges, Thomas could serve 20 years in prison.

Jennifer Thornton, spokeswoman with the U.S. Department of Justice office in Columbus, said Thomas made an initial appearance in federal court in early October. He appeared before Magistrate Judge Chelsey Vascura.

Chief Judge Algenon Marbley is assigned to Thomas’ case.

According to the indictment, Thomas is accused of defrauding a client from 2012 through August 2019 while serving as her power of attorney. It is alleged that Thomas took the victim’s money without her knowledge or permission to use for his own benefit.

The woman was 85 years old at the time the alleged crimes began. The indictment states that Thomas improperly used the victim’s power of attorney and his status as a lawyer — even after his law license was revoked in 2015 — to convince various entities, including banks and life insurance companies, to transfer the victim’s money for his use.

Since that first court appearance, Thomas’ trial date in the U.S. District Court Southern District of Ohio has been scheduled for July 11.

Thomas is being represented by attorney Andy Avellano. According to court documents, Thomas had hoped to represent himself, but Marbley ruled against self-representation.

David Twombly with the Columbus-based U.S. Attorney’s Office is prosecuting.

Avellano said he has not completed reviewing the discovery and requested eight months to prepare for trial.

“There’s several gigabytes of data that needs to be reviewed and the case will probably be considered complex, due to the nature of the allegations of financial fraud,” Avellano said. “We’d probably be moving the court for an expert to review the financial documents. It’s not an area that I’m well-versed in, so I’d need assistance there.”

Marbley said he expects the trial to last a month. He asked Avellano to submit his requests for assistance before the close of the year.

In November, Thomas ran an uncontested campaign for the 3rd Ward seat on St. CLairsville City Council. Since Thomas met all eligibility requirements and has not been convicted of a crime, he was elected to the post. Elections officials said should Thomas be convicted, it would be up to council to remove him from office.

The city charter — under Article III Council, Section 4. Vacancy-Creation of. — states that “Once elected and sworn in, a member of Council shall vacate his office … By conviction while in office of a crime involving moral turpitude. …”

Thomas is expected to take his seat on council next month. He has not responded to calls seeking comment about the charges.

Full Article & Source:

Tuesday, August 10, 2021

St. Clair County couple admits stealing $200,000 from elderly relative

by Robert Patrick

ST. CLAIR COUNTY — A couple from Freeburg, in St. Clair County, admitted bilking an elderly relative out of $200,000, federal prosecutors said Friday.

Ronald W. Speiser and Jean M. Speiser, both 81, had been designated as that victim's power of attorney and successor power of attorney, prosecutors said. From December 2018 to at least June 2020, the Speisers misused that authority by spending over $200,000 of the victim’s money without the victim’s knowledge, prosecutors said.

They used the money for over $50,000 in home renovations, to cover more than a year's worth of credit card bills, a $29,000 camper, a $23,000 truck, and down payments and 13 mortgage payments on a second home, the U.S. Attorney's Office said.

The Speisers pleaded guilty in U.S. District Court in East St. Louis on Thursday to two felony charges, mail fraud and conspiracy to commit mail fraud. As part of their plea, they agreed that a year of house arrest and full restitution would be an appropriate sentence, including $119,000 that must be paid by their Nov. 18 sentencing.

Anyone who suspects financial fraud having been committed on someone aged 60 or older can call the Justice Department's National Elder Fraud Hotline at 1-833-FRAUD-11 or 1-833-372-8311.

Full Article & Source:

Friday, April 23, 2021

NY Pharmacy Owner Admits to Defrauding Medicare, Medicaid of Over $6.5 Million

A New York City woman who owned five pharmacies has admitted to defrauding over $6.5 million from Medicare and Medicaid programs, prosecutors said Wednesday.

File Photo: a pharmacy technician grabs a bottle of drugs off a shelve.

The U.S. Department of Justice said Aleah Mohammed of Queens pleaded guilty to using her pharmacies to claim prescription drugs that weren't dispensed, not prescribed or weren't medically necessary. At times, the scheme would occur when the pharmacy was no longer registered with the State of New York.

The claims at Superdrugs Inc., Superdrugs I Inc., Superdrugs II Inc., S&A Superdrugs II Inc. and Village Stardrugs Inc. began in 2018 until 2020, authorities said. One of the claims included prescription drugs for the treatment of HIV.

Mohammed also admitted to using the money she received to buy a Porsche and other luxury items like jewelry.

She could face up to 40 years in prison for charges that include mail fraud, health care fraud and conspiracy to commit health care fraud.

In addition to an expected prison sentence, Mohammed is required to pay $6.5 million in restitution to Medicare and Medicaid and $5.1 million in forfeiture money judgment.

Full Article & Source:

Friday, October 30, 2020

60 Charged in $300M Phone Scam Targeting Elderly Victims

Photo: photo courtesy of pixabay.com

MINNEAPOLIS (AP) - Sixty people have been charged in a widespread magazine telemarketing scam that authorities say netted $300 million from more than 150,000 elderly and vulnerable people nationwide, the U.S. attorney’s office in Minnesota announced Wednesday.

U.S. Attorney Erica MacDonald called the scam the largest elder fraud scheme in the country.

MacDonald said the 60 defendants face a host of charges, including conspiracy, mail fraud, wire fraud, and violating the Senior Citizens Against Marketing Scams Act of 1994. The defendants are from 14 states and two Canadian provinces.

“Unfortunately, we live in a world where fraudsters are willing to take advantage of seniors, who are often trusting and polite. It’s my hope that this prosecution is a call for vigilance and caution,” MacDonald said in a statement.

The indictments and other court documents say that over the last 20 years, the defendants used a network of dozens of fraudulent magazine sales companies and telemarketing call centers to carry out the scam. Employees allegedly used deceptive sales scripts to trick people into making large or repeat payments to the companies.

The indictments allege that many of the defendants used a fraudulent “renewal” script in which the telemarketers falsely claimed to be calling from the victim’s existing magazine subscription company with a phony offer to reduce monthly subscription costs.

In reality, the callers had no existing relationship with victims and signed them up for expensive, new magazine subscriptions. As a result, consumers ended up having multiple subscriptions with fraudulent magazine companies.

“Using a tactic like telemarketing magazine sales, these deceitful scam artists bilk hard earned money from their aging victims - leaving so many financially devastated in their retirement years and without recourse for recovery,” Michael Paul, the FBI’s special agent in charge in Minneapolis, said.

Some of the defendants are also accused of using a “cancellation” script that targeted people who had been previous victims. According to the indictments, these defendants took advantage of victims’ desperation to make the subscriptions stop and offered to consolidate and cancel existing subscriptions and pay off an alleged “outstanding balance” in exchange for a large lump sum payment. In reality, victims owed no money.

The indictments charge defendants at all levels of the alleged conspiracies, including people who allegedly led the scheme, company owners, call center managers, telemarketers and others. Those who led the scheme provided the companies software programs that tracked orders, sales, and other customer information.

The U.S. attorney’s office says the fraudulent companies were operating in Minnesota, Florida, Georgia, Mississippi, California, Iowa, Kansas, Missouri, Illinois, Colorado, Arizona, New Mexico, North Carolina, and Arkansas.

Full Article & Source:

Friday, June 21, 2019

Pottsville Woman Charged for Being Part of a "Grandparents Scheme; Defrauding Victims of At Least $158,800

United States Attorney William M. McSwain announced Friday that Yahaira Diaz, 33, of Pottsville, Pennsylvania, was charged by Information with aggravated identity theft, mail fraud, and access device fraud. The charges against the defendant stem from her participation in what has been popularly dubbed the “Grandparents Scheme”, a type of elder financial abuse.a
 
The charges come one day in advance of “World Elder Abuse Awareness Day” on June 15, 2019.

As alleged in the Information, the scheme operated as follows: an individual called an elderly victim posing as the grandchild of the victim, or posing as an attorney representing the grandchild. The caller claimed that the grandchild was in a vehicular accident and was arrested for driving under the influence (or some type of legal trouble). The caller then said that the grandchild needed money for bail or legal representation, and persuaded the victim to send thousands of dollars in cash via overnight delivery service to an address where the schemers retrieved the package. The schemers then continued to call the victim and demand more money until the victim realized that he or she had been defrauded and stopped sending money.

In those telephone calls, to further convince the grandparents to send cash, the co-schemers described the grandchild’s situation as increasingly serious: claiming that the grandchild had been arrested for driving under the influence; that a pregnant woman was involved in the accident; that the pregnant woman and her unborn child were injured or killed; that the grandchild would not be released from prison without additional funds; and that legal and other fees were mounting.

Diaz allegedly played a leadership role in this scheme, which she and her co-schemers perpetrated in Allentown and Bethlehem, Pennsylvania. For example, she identified and arranged for access to residential locations where her co-schemers instructed victims to send the fraud proceeds. Diaz recruited and controlled additional participants in the scheme who allowed her to use their residences for the receipt of proceeds, and who helped retrieve the packages and shared the proceeds with other co-schemers.

Diaz engaged in numerous incidents of the Grandparents Scheme as well as credit card fraud, which is also charged in the Information. In the Grandparents Scheme, Diaz and her co-schemers defrauded at least 10 elderly victims of at least $158,800 and attempted to defraud those victims of at least an additional $69,000. If convicted, the defendant faces a maximum possible sentence of 72 years in prison, including a mandatory minimum term of two years in prison.

“Crimes against the elderly target some of the most vulnerable people in our society, and schemes like the ‘Grandparent Scheme’ are particularly heinous because they prey on a senior’s love for their family,” said U.S. Attorney McSwain. “The Department of Justice is committed to protecting our seniors from fraud, and my Office will continue to prioritize prosecuting criminals who prey on our elderly residents.”

“Trying to scam strangers out of money is criminal,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “Specifically targeting elderly victims because you figure they're easy marks is cruel. The FBI will never stop working to shut down elder fraud schemes like this to protect older folks and help them hang on to their hard-earned money.”

“Crimes like these against our elderly citizens are taken very seriously by law enforcement. The Bethlehem Police Department, working with its Federal partners, will investigate, arrest and prosecute individuals involved in criminal scams like these ‘Grandparent Scams,” said Mark DiLuzio, Chief of Police, Bethlehem Police Department. “As Chief, I would like to personally thank U.S. Attorney McSwain and his Office, the FBI, U.S. Postal inspectors, the Northampton County District Attorney’s Office and Bethlehem Police Detectives who all worked collectively and brought this person and her partners to justice. On behalf of all elderly citizens in the City of Bethlehem, thank you!”

The case was investigated by the Federal Bureau of Investigation, the United States Postal Service, the Bethlehem Police Department, and the Northampton County District Attorney’s Office, and is being prosecuted by Deputy United States Attorney Louis D. Lappen.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

The Department of Justice is committed to combating elder fraud. The Department’s historic 2018 and 2019 Elder Fraud Sweeps collectively brought criminal and civil actions against more than 500 defendants responsible for defrauding more than $1.5 billion from at least 3 million victims.

The Department of Justice also provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime (OVC), which has announced a new competitive solicitation addressing enhanced multidisciplinary teams for older victims of abuse and financial exploitation (up to $375,000 each) and funding for a National Multidisciplinary Team Technical Assistance Center (for up to $3 million), which will help facilitate the expansion of elder abuse case review across the nation. The deadline is July 7, 2019.

Full Article & Source:
Pottsville Woman Charged for Being Part of a "Grandparents Scheme; Defrauding Victims of At Least $158,800

Monday, June 3, 2019

Macedonia man sent to prison for bilking elderly investors out of $570,000

CLEVELAND, Ohio – A Macedonia man who defrauded senior citizen investors out of more than $570,000, in part to feed his gambling and prescription pill addictions, was sentenced Wednesday to 6 1/2 years in federal prison.

William Callam, 61, made false statements to three investors from Lake County and used their money not for his business, Blackstone Real Estate Group, but for himself and his family. The scheme was the latest for a man who has racked up multiple criminal convictions in recent years for defrauding investors.

Callam pleaded guilty in January to a wire fraud charge, as well as four counts of mail fraud, and agreed to serve a sentence of between 63 and 78 months in federal prison. U.S. District Judge James Gwin decided to sentence him on the high end of that range.

He also ordered Callam to pay more than $574,000 in restitution to the victims. In addition, the judge had the U.S. Marshals Service take Callam into custody following the sentencing.

Callam, through Blackstone, defrauded a married couple from Mentor and a person in Eastlake starting in 2013, doing so by telling investors that Blackstone was in the business of financing loans to buy and rehabilitate commercial property. Callam told investors that loans were secured by mortgages on the property.

Callam told them that investments in Blackstone were very liquid, that others had invested and guaranteed a steady 6 percent rate of return. All of those claims, as well as statements that investing in Blackstone was a safe venture, were false, charging documents say.

Investors liquidated their annuities, insurance policies and other retirement assets to invest in Callam’s company.

The charging documents state that Callam created false investment statements and mortgage notes and provided them to the couple in Mentor. That couple lost $381,571.47, while the Eastlake investor lost $192,575.

Assistant U.S. Attorney Megan Miller wrote in a sentencing memo that Callam abused the investors’ trust and stole money they saved for retirement.

“This was not a situation in which the victims were defrauded at random by an unknown perpetrator,” Miller wrote. “To the contrary, Callam intentionally targeted the victims because they were elderly and trusted him.”

She also wrote that he has a “significant and concerning” history of crimes similar to those in the current case. Callam was convicted of theft in 2007 for defrauding two victims out of more than $68,000 by falsely stating he was part of an organization to aid senior citizens and promising to invest their money in annuities.

He was also convicted that year for defrauding four others of $49,000 by using money given to him for annuity payments and using it for himself.

Callam was also convicted in 2015 for defrauding a victim of $55,000 by falsely holding himself out as an insurance agent who was certified to sell annuities with a guaranteed 3 percent rate of return, Miller wrote.

Matthew Williams, an attorney for Callam, wrote in a sentencing memo that some of the money Callam took was used to feed gambling and prescription painkiller addictions. It said Callam no longer abuses medications.

Dean Valore, another lawyer for Callam, said in a brief interview that he was surprised by Gwin’s decision to have his client taken into custody following the sentencing. While federal judges have discretion to do so and consider a number of factors when deciding whether a defendant should remain free or be in custody, defendants in white collar cases are frequently allowed to self-report to prison.

Valore said Callam was “successful” in following the conditions of his bond after he pleaded guilty.

Court records show Gwin held a bond violation hearing for Callam in April. Why Callam was accused of violating his bond was not immediately clear. However, the judge allowed the defendant to remain free that day and told the pretrial services officer to let him knew if Callam does not report for a drug test or if Callam tests positive for drugs, records say.

Full Article & Source:
Macedonia man sent to prison for bilking elderly investors out of $570,000

Sunday, November 25, 2018

Mahoning Co. judge indicted on charges, accused of stealing from dead client

(WKBN) - Mahoning County Judge Diane Vettori-Caraballo has been indicted in federal court, accused of stealing at least $100,000 from a former client.

The 50-year-old faces one count of mail fraud, one count of structuring cash deposits, one count of making false statements to law enforcement and one count of filing a false tax return.

Her husband, 60-year-old Ismael Caraballo, is also charged with one count of filing a false tax return.

Investigators said Vettori-Caraballo stole between $100,200 and $328,000 in cash from the home of a client after that client died in March of 2016.

The indictment says she provided estate planning services for Robert Sampson, including drafting his will. The man died without a will, according to the indictment.

Sampson's closest living relative was his sister, Dolores Falgiani. Vettori-Caraballo also helped her with her will, which made requests to give the money to friends, relatives, Animal Charity and Angels for Animals, the indictment says.

Falgiani mentioned she had shoeboxes of cash stored at home and then a few months later in March of 2016, she was found dead in her home.

Vettori-Caraballo found the shoeboxes, which contained $20,000, in May, the indictment says.

According to the indictment, Vettori-Caraballo found new money on two other occasions in 2016 and 2017.

Investigators said she made 22 deposits into five different banks within four weeks and lied to the FBI when confronted about it.

Vettori-Caraballo was elected the judge of Mahoning County Court #3 -- Sebring Court in 2002. She had jurisdiction over criminal and traffic charges in Sebring, Beloit, Berlin Township, Green Township, Goshen Township, Ellsworth Township, Smith Township and Washington Township. She was re-elected in 2006 and 2012.



Full Article & Source:
Mahoning Co. judge indicted on charges, accused of stealing from dead client

Sunday, February 25, 2018

Justice Department Coordinates Nationwide Elder Fraud Sweep of More Than 250 Defendants

Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history.   The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans, most of whom were elderly.  The cases include criminal, civil, and forfeiture actions across more than 50 federal districts.  Of the defendants, 200 were charged criminally.  In each case, offenders engaged in financial schemes that targeted or largely affected seniors.  In total, the charged elder fraud schemes caused losses of more than half a billion dollars.  The Department coordinated its announcement with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.

“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions.  “Today’s actions send a clear message:  we will hold perpetrators of elder fraud schemes accountable wherever they are.  When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains.  Today is only the beginning.  I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”

The actions charged a variety of fraud schemes, ranging from mass mailing, telemarketing and investment frauds to individual incidences of identity theft and theft by guardians.  A number of cases involved transnational criminal organizations that defrauded hundreds of thousands of elderly victims, while others involved a single relative or fiduciary who took advantage of an individual victim.  The schemes charged in these cases caused losses to more than a million victims.

"Winners. That’s what so many of the people who received these solicitations in the mail thought they were. But they’re not. They are victims (link is external) of scams that Postal Inspectors have seen and investigated for decades. In fact, some of the same operators we encountered 20 years ago are back. But so are we. Yesterday, Postal Inspectors around the country executed search warrants on 12 locations that some of these same operators used to run their scams. We’re letting the American public know – and especially our vulnerable older Americans – that Postal Inspectors are working hard to protect them and ensure their confidence in the U.S. Mail,” said Chief Postal Inspector Cottrell.

“Over the last year, the FBI has initiated more than 200 financial crimes cases involving elderly victims who were devastated financially, emotionally, mentally and physically. Picking up the pieces of these fraud schemes can be equally as traumatizing for the caregivers of these elderly victims,” said Acting Deputy Director Bowdich.  “The FBI reminds seniors and their caregivers to be vigilant. If any person believes they are the victim of, or have knowledge of fraud involving an elderly person, regardless of the loss amount, they should report it to the FBI.”

Actions against mass-mailing fraud industry
As part of the initiative, the Department’s Consumer Protection Branch, working with the U.S. Attorney’s Office for the Eastern District of New York and others, brought numerous cases this past week in a coordinated strike against more than 43 mass-mailing fraud operators, including criminal charges against six individuals.  In addition, law enforcement agents executed 14 premises search warrants from Las Vegas to south Florida, served numerous asset seizure warrants, and coordinated with the Vancouver Police in Canada, who executed over 20 warrants, including search warrants on business premises.

“The defendants targeted elderly and vulnerable consumers both in the United States and abroad, using U.S. addresses and the U.S. mails to try to legitimize their fraudulent schemes,” said U.S. Attorney for the Eastern District of New York Richard P. Donoghue.  “They sold false promises of life-changing prizes that never came true.  We will pursue the perpetrators of these mail schemes wherever they are located, and hold them accountable.”

These recently filed cases particularly targeted transnational criminal actors who collectively defrauded at least a million victims out of hundreds of millions of dollars.  Indeed, just one of the schemes prosecuted criminally by the Consumer Protection Branch operated from 14 foreign countries to cost American victims more than $30 million.  Click here for map showing a transnational, single fraud scheme.

Mass-mailing fraud inflicts hundreds of millions of dollars in losses to elderly U.S. victims each year.  Department prosecutors and U.S. Postal Inspectors have taken a comprehensive approach to combatting this fraud, disrupting and prosecuting individuals who manage the schemes, artists who draft the fraudulent solicitations, list brokers who supply victim lists, and individuals who collect victim payments. Click here for fact-sheet with cases on mass-mailing fraud.

Actions against other elder fraud schemes
Prosecutors across the country from the Criminal Division’s Fraud Section, the Consumer Protection Branch and the U.S. Attorney’s Offices have heeded the call to focus resources on elder fraud cases.  Over 50 U.S. Attorney’s Offices and Department Components filed elder fraud cases in the last year.  A list of Elder Fraud cases is provided on this interactive map.
Some examples of the elder financial exploitation prosecuted by the Department include:
  • “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
  • “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
  • “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
  • “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
  • “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.
Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust.  The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.

Public education
The Department has partnered with Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.

Using its vast network operating in more than 30,000 locations, Senior Corps volunteers will communicate about elder fraud to potential victims across the country and will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them. Click here for information on Senior Corps’ efforts to reduce elder fraud.

Coordination with foreign law enforcement
Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative.  The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Australia, Belgium, Canada, Europol, the Netherlands, Nigeria, Norway, Spain, the United Kingdom and the United States.  The IMMFWG is co-chaired by the U.S. Department of Justice and FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents.  Attorney General Sessions expressed gratitude for the outstanding efforts of the working group, including law enforcement action taken as part of the sweep by the Vancouver Police Department in Canada to halt mass mailing schemes that defrauded hundreds of thousands of elderly victims worldwide.

Elder fraud complaints
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.  The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.

Source:
Justice Department Coordinates Nationwide Elder Fraud Sweep of More Than 250 Defendants

Tuesday, February 6, 2018

Cook County Judge Faces Trial On Federal Fraud Charges

Judge Jessica Arong O'Brien is accused of lying on loan documents to secure $1.4 million for investment properties.


CHICAGO — The federal trial of a Cook County judge indicted last year on two counts of fraud is set to begin this week in Chicago. Judge Jessica Arong O'Brien has been accused of a scheme to defraud banks by lying on mortgage paperwork. The Chicago Sun-Times reports jury selection started Monday and opening statements could begin as early as Tuesday at the Dirksen Federal Courthouse.

At the time the alleged fraud was taking place, O'Brien was working full-time for the Illinois Department of Revenue, working part time as a loan officer for Amronbanc Mortgage Corp. in Lincolnwood and the owner of a O'Brien Realty LLC, according to the feds.

Prosecutors said she met co-defendant Maria Bartko at the Lincolnwood firm and used her as a straw buyer to fraudulently obtain about $1.4 million worth of home loans for two properties on Chicago's South Side – to buy an investment property on the 600 block of West 46th Street and to refinance another in the 800 block of West 54th Street.

Bartko pleaded guilty last month to one count of mail fraud and is expected to testify in O'Brien's trial, according to the Sun-Times.

The alleged crimes took place before O'Brien, who is married to Cook County Circuit Court Judge Brendan O'Brien, was elected to her position as the first Filipino-American elected to judge.

O'Brien has been on administrative duty since her indictment in April 2017, the Sun-Times reported. She is up for retention in 2018 but has not yet filed paperwork.

Under state law, O'Brien would be automatically removed from office and lose her nearly $200,000 salary if convicted of a felony.

O'Brien's lawyer said the government's case relied on a "known liar" and someone who had a "sham marriage" in order to gain citizenship, according to the Sun-Times.

Ricardo Meza has claimed his client is being unfairly targeted because of her job and promised more details in future remarks to the jury.

According to an online biography, O'Brien has won an award from former President Barack Obama for performing more than 4,000 hours of volunteer service over a decade.

She also has been a contributing editor for the Chicago Daily Law Bulletin and the president of the Women's Bar Association of Illinois.

Full Article & Source:
Cook County Judge Faces Trial On Federal Fraud Charges

Wednesday, October 18, 2017

Ex-lawyer in Charleroi admits defrauding elderly woman, used money to run Mon Valley newspaper

Keith Allen Bassi, a former lawyer, admitted Monday morning that he stole half a million dollars from an elderly lady with dementia and used some of it to run the newspaper, the Mon Valley Independent.

Mr. Bassi, 61, of Charleroi, pleaded guilty in federal court to mail fraud counts in ripping off a woman identified as "N.J.L," who is 85 and living in a Mt. Lebanon care home.

Prosecutors said he pilfered about $505,000 from her accounts and put the money in his own accounts, including that of the paper he co-owns.

"It's certainly despicable," said the woman's 75-year-old cousin, who is seeking to become her legal guardian and watched the proceedings before U.S. District Judge Arthur Schwab.

He asked that he and she not be named publicly until guardianship is granted.

Mr. Bassi was charged Sept. 25 after an investigation by the FBI and U.S. postal inspectors.

Assistant U.S. Attorney Greg Melucci said he gained power of attorney over her estate, which could be worth some $3 million, in 2006. The woman, a former Pittsburgh public schools principal, was diagnosed with dementia in 2012.

It was then that Mr. Bassi began maneuvering to transfer money out of her accounts and into his.

Mr. Melucci said he misappropriated the funds between 2013 and 2016.

As part of the scheme, he used her money to a $55,000 annual premium on a life insurance policy between 2013 and 2015, then asked for a "surrender request" for the policy in 2016 and deposited the amount, about $163,000, into his personal account.

Mr. Bassi also deposited $110,000 of N.J.L.'s money into the publishing company account at CFS Bank.

Mr. Melucci said federal agents, who learned of the fraud by monitoring suspicious banking transactions, confronted Mr. Bassi in May. He admitted to the crime and said he did it because of "financial issues."

Mr. Bassi's law license has been suspended. He remains free on bond pending sentencing March 14.

He said nothing in court except to answer Judge Schwab's questions about his guilt. The exact amount of money he stole is in some dispute and will be worked out before the sentencing.

"Mr. Bassi has agreed to pay full restitution," said his lawyer, Stephen Stallings.

He declined further comment as he left the courthouse with his client.

The victim's cousin, a former teacher and attorney, contacted the U.S. attorney's office and Judge Schwab after reading about the fraud in the Pittsburgh Post-Gazette last week.

In a letter to them, he said he suspects Mr. Bassi may have stolen more than the $505,000 for which he was charged. He said he and other family members had received a letter from Mr. Bassi after N.J.L. had moved to the nursing home in 2015 indicating that he was auctioning off the personal property that she had kept at the family farm in Washington County.

The cousin said no one has seen those proceeds.

Among her collections, he said, was China worth some $100,000, figurines valued at $2,000 each and family memorabilia. The house, which was sold in 2012, dates to the 1780s.

"I'd just like to know what the hell happened to the other stuff," her cousin said. 

Full Article & Source:
Ex-lawyer in Charleroi admits defrauding elderly woman, used money to run Mon Valley newspaper

Wednesday, August 2, 2017

Who guards the guardians? Ayudando was a family affair

Ayudando Guardians Inc. opened its doors with two nurses and a medical records expert in 2004. It was formed, according to its website, “due to the enormous need for guardians and conservators in the State of New Mexico.”

The nonprofit Albuquerque-based guardian and conservator firm – now accused along with its principal owners of looting millions of dollars from client accounts – grew over the years.

And, the company increasingly became a family affair.

 Newly unsealed federal search warrant affidavits describe how Ayudando – described in one federal document as “permeated by criminal activity” – began hiring more and more relatives of its two principals, Susan Harris and Sharon Moore.

Three family members, in addition to Harris and Moore, had their own Ayudando credit cards and over a four-year period racked up more than $1 million in personal purchases, court records allege.

Two of the three family members serve on Ayudando’s board of directors, drawing salaries of at least $56,000 a year, a 2015 IRS tax form shows. Each of the three relatives racked up tens of thousands of dollars in credit card charges from 2013 to March 2017, one affidavit states.

The purchases “do not appear to be related to Ayudando clients,” said one affidavit stated. “The credit charges appear to be personal expenses such as cruises, hotels, casinos, automobiles, furniture and other personal expenses.”

The affidavits identify the three relatives as: Harris’ husband, William Harris, Craig Young and Cody Harris. They have not been charged.

Susan Harris and Moore were arrested after a 28-count federal criminal indictment was unsealed July 19. The company was also indicted.

Several Ayudando employees who became confidential witnesses in the case told investigators that Ayudando appeared to be putting “more and more family members” on the payroll and “the business owners and their families appear to be living lavish lifestyles with expensive vehicles and expensive vacations,” one affidavit states.

The organization was tightly run by the family insiders. Affidavits allege that some non-family employees had their access to client accounts cut off – meaning they lost their ability to monitor transactions and balances.

There was even a file room at the company’s Central Avenue offices that non-family members were barred from entering, an affidavit alleges.

Mission gone awry

Ayudando’s web site sets out a lofty mission statement.

“As a provider for the State of New Mexico,Veterans and private individuals, Ayudando employs an experienced team of licensed social workers and rehabilitation specialists.”

“This diverse group is able to assist our clients with their everyday needs as well as providing assistance in managing their financial needs.”

Details emerging from the yearlong federal investigation describe a different kind of operation.

Federal agents made detailed allegations in affidavits seeking search warrants to obtain company records and, more recently, sought permission to seize a 2018 K-Z RV Durango Gold 5th wheel RV purchased in late June of this year by Harris and her husband of 27 years, William Harris. They allegedly bought the RV using proceeds from an illegal scheme to embezzle funds from clients, some with special needs, according to an affidavit filed July 24.

Harris, 70, and Moore, 62, have pleaded not guilty to charges of money laundering, mail fraud, conspiracy and aggravated identity theft that allegedly dates back to 2006. Both women were ordered released from federal custody under certain conditions and after posting property bonds Friday.

Both have homes in the Tanoan Country Club area in Albuquerque’s Northeast Heights. An attorney for Moore didn’t return a Journal phone call. Robert Gorence, who represented Susan Harris at her detention hearing, had no comment. Efforts to reach lawyers who have represented the firm in the past were unsuccessful last week.

A spokeswoman for the U.S. Attorney’s Office in Albuquerque declined to comment on whether the family members named in the affidavits or anyone else will be charged in the case.

The arrests of the two women coincided with a federal restraining order against them and 11 others, barring their entry into Ayudando offices at 1400 Central SE without prior approval from the U.S. Marshals Service. Several of those are believed to be family members of Sharon Moore or Susan Harris.

“Based on the widespread indications of criminal activity, centered around Ayudando’s core bank accounts and affecting all categories of its clients, it appears Ayudando is permeated by criminal activity,” said one IRS agent in seeking a July 12 search of Ayudando offices. “Efforts to restrict the search to certain client files would be futile and could result in substantial under-collection of evidence of criminal activity.”

Federal agents who executed the search removed more than 476 boxes of documents along with computer hard drives from the business.

Accidental discoveries

The affidavits chronicle how over the past year at least four employees, referred to as confidential witnesses, came forward with information about the alleged embezzlement. The affidavit refers to them as “walk-ins.”

They told federal investigators how they discovered that Ayudando client funds were disappearing. At least twice, according to one affidavit, the employees found out by happenstance while company owners appeared to take steps to keep their activities hidden.

For instance, the affidavits say:

⋄ One employee accidentally wrote a check for client services from a client’s Veterans Affairs money market account. The check bounced, and, when she called the bank, she was told the money market account had been closed due to insufficient funds. According to the bank, there had been about $100,000 in transfers from the client’s VA money market account into other Ayudando bank accounts.

⋄ Employees who work as representative payees – managing monthly client pension or benefits checks from the VA or Social Security – didn’t normally have access to Ayudando petty cash account. But several months ago, an employee accidentally got access to that account “and saw that there were lots of payments from the petty cash account to the Ayudando owners and their family members. There was also a $75,000 payment to an American Express card from the petty cash.”

⋄ At least two confidential witnesses reported that their prior access to VA clients’ savings or money market accounts had been taken away several years ago. That kept them from seeing the balances. They had access only to a client’s checking accounts.

⋄ One employee alleged that she had a client who died about four or five years ago and who was missing about $30,000 from his account. The confidential witness told investigators the deceased client had money “that should have been returned to Social Security.” After she asked defendant Moore if the funds had been returned, the employee “lost access to that client’s account, and doesn’t know if the money was ever returned.”

⋄ One relative of Ayudando president Susan Harris who works as a guardian is alleged to have taken about $22,000 in client funds from two different clients and failed to provide receipts to show where the money went. Such client advances require that guardians submit receipts. When informed about the issue, Moore told the employee in charge of the accounts that she would “take care of it.”
Stealing from veterans

The indictment singles out the cases of 10 veterans the government contends were victims of the alleged embezzlement scheme. Information in the affidavits suggests there could be several dozen more clients whose accounts were illegally tapped.

For instance, one employee told federal agents that one developmentally disabled client was missing about $30,000 from his account.

Another employee discovered on Jan. 24 of this year that 25 clients were missing a total of about $70,000 from their accounts.

Still another employee told investigators “that she deals with mostly Social Security income clients who have limited income and financial resources. She stated that “she has some clients who are children that are missing money.”

The indictment alleged that the defendants diverted more than $4 million from petty cash and client reimbursement accounts to pay off credit cards used to pay for luxury vacations, vehicles and more.

The July 12 search warrant affidavit also stated, “Additional large, unusual and questionable checks were written to pay for additional items that do not appear to be related to client accounts.”

Missing private cash

“Guardianship/Conservatorship services may be needed when someone is incompetent to manage his or her own financial affairs and/or personal care, and has no viable alternative method of delegating these duties to another,” the company web site states.

About 166 of Ayudando’s clients in New Mexico receive such state-funded services, because they were deemed indigent or met other eligibility requirements. The company also had dozens of “private pay” accounts, according to court records.

The affidavits allege that more than $1 million was missing from at least eight “private pay” client accounts. An employee, referred to as confidential witness #2, was responsible for managing Ayudando’s client bank accounts, paying client bills, selling client assets such as real property and automobiles, and attending court as part of the conservatorship process.

That employee alleged that Moore, the chief financial officer, allegedly took about $700,000 from one client’s estate. The estate was supposed to be settled in February 2017 and the employee became concerned that “it wouldn’t be possible to close the estate if there was money missing.” She said Moore recently returned about $220,000 to the estate, but the money came from four other client bank accounts. Another $500,000 was still missing, the employee reported to federal agents.

Full Article & Source:
Who guards the guardians? Ayudando was a family affair

Thursday, July 27, 2017

Guardianship firm seized by marshals

A Final Four basketball junket. Caribbean cruises and other luxury vacations. Purchases at an Albuquerque RV Center and a Mercedes-Benz dealership.

The alleged lavish spending by the co-founders of one of the state’s largest nonprofit guardianship firms was financed out of the accounts of their special needs clients, according to the U.S. Attorney’s Office. And on Wednesday, a multiagency federal task moved to put a stop to the alleged decade-old embezzlement scheme involving millions of dollars with the indictment and arrests of the co-founders of Ayudando Guardians, a nonprofit guardian/conservator company based in Albuquerque.

Susan Harris, 70, and Sharon Moore, 62, were taken into custody Wednesday, and both women are to appear at detention hearings today at 9:30 a.m. in U.S. District Court in Albuquerque.

State court records show Ayudando as having been appointed by state district judges to serve as guardian, conservator or personal representative in more than 350 cases since 2000. The company’s publicly available 990 tax form for 2015 said the company provides guardian and conservator services to the elderly, veterans, the disabled and the homeless.

The 28-count federal criminal indictment alleges millions of dollars were embezzled from client accounts since the company was created in November 2006. The charges include conspiracy, mail fraud, aggravated identity theft and money laundering.

“This case is all about the victims,” acting U.S. Attorney James D. Tierney said in a press release. “The victims in this case relied upon Ayudando to manage their finances and meet their needs. If the allegations in the indictment are true, the principals of Ayudando cruelly violated the trust of their clients and looted their benefits. Federal law enforcement has now stepped in to ensure that the looting stops.”

Efforts to reach defense attorneys for Harris and Moore were unsuccessful late Wednesday.

According to the indictment, Ayudando receives government benefit payments from the U.S. Department of Veterans Affairs and U.S. Social Security Administration on behalf of many of its clients, and acts as a fiduciary or representative payee for these clients by paying their expenses and maintaining the balances for the benefit of the clients.

The actual number of clients whose accounts have been affected wasn’t detailed in the U.S. Attorney’s Office press release, which said the corporation provides services, including financial management, to hundreds of individuals with special needs.

Ayudando also is under contract with the state Developmental Disabilities Planning Council to provide guardianship services to New Mexico residents who are eligible for Medicaid or a similar public benefit and who have been deemed incapacitated.

The company’s 2017 contract with the state was capped at $640,800, according to state records. Under the contract, the company was supposed to purchase a bond for the indemnification of losses and submit to audits.

In addition, court-appointed guardians and conservators are required to submit to the court an annual report and/or financial accountings for each client.

Marshal take over
 
The U.S. Marshals Service on Wednesday took control of Ayudando’s business operations to ensure that victims of the crimes charged, who include disabled veterans, continue to receive the “services they deserve and are entitled to,” U.S. Marshal Conrad E. Candelaria said in a press release.

Federal authorities also received a court order to take receivership of the corporation, which has its headquarters on Central SE and has an office in Mesa, Ariz., according to its website.

The order authorizes the U.S. Marshals Service to operate the business to ensure assets are not improperly spent or removed, and that the interests of Ayudando clients are protected as the criminal case goes forward.

Ayudando clients or relatives of clients who wish to speak to someone about their accounts or expenses can call Ayudando, which is being operated by the U.S. Marshals Service.

Tax forms filed by the corporation for 2015, the most recent year for which records are available, show Harris earned $138,230 a year as president of Ayudando and Moore was paid $126,720 annually.

Stealing the money

The indictment described some of the ways the two women allegedly stole from clients.

For instance, Harris wrote 12 checks totaling $457,883 on the client reimbursement account from June 2011 to March 2014 for personal purposes, including checks of $50,950 made out to Mercedes-Benz of Albuquerque and $26,444 to Myers RV Center. Harris is accused of using an Ayudando credit card to pay $140,790 to cover luxury vacations for herself and others, including the cruises and a basketball junket, knowing that Moore would pay off the charges using client funds, the indictment alleges.

Harris and Moore allegedly used $392,623 from the Ayudando client reimbursement account to pay off balances on a company credit card used by the defendants and their families for personal purposes.

As part of the alleged scheme, which federal prosecutors described as “sophisticated,” Moore in 2016 allegedly mailed fraudulent documents to the VA that falsely represented balances in 10 client accounts, claiming the accounts had an aggregate balance of more than $1.9 million when the actual value was $72,281.

Ayudando, Moore and Harris also are accused of engaging in aggravated identity theft by using their clients’ names, dates of birth, Social Security numbers and VA file numbers to commit mail fraud.

The federal indictment comes at a time when the FBI is believed to be assisting in the investigation of an Albuquerque trust company operated by CEO Paul Donisthorpe.

State financial regulators have found a minimum of $4 million missing from client trust fund accounts managed by Desert State Life Management. About 70 clients are affected, many of whom are physically or mentally disabled or elderly. The money allegedly went into private companies controlled by Donisthorpe.

No criminal charges have resulted, but the U.S. Attorney’s Office has filed a forfeiture petition to seize three of Donisthorpe’s properties, alleging a scheme to defraud vulnerable clients.

Full Article & Source:
Guardianship firm seized by marshals

Employee blows whistle on guardian embezzlement case

For more than a decade, one of the state’s largest guardianship firms was routinely appointed by the courts to protect clients whose disabilities left them unable to handle their money or pay their bills.

Behind the scenes, federal officials say, Susan Harris and Sharon Moore were allegedly running up the company credit card of Ayudando Guardians to the tune of $4 million by living the life of luxury and paying the American Express bills with client trust money.

Then last June, according to court testimony Thursday, one of Ayudando’s employees assigned to pay and manage the bills walked into the office of an unidentified federal law enforcement agency and blew the whistle – alleging that supervisors were embezzling client money.

“It’s difficult to imagine a greater betrayal of trust,” said assistant U.S. Attorney Jeremy Pena on Thursday just before federal magistrate Steven Yarbrough released Harris and Moore pending trial under certain conditions, including that they put up their homes as security.

Both women pleaded not guilty during the detention hearing.

Moore’s attorney, Fred Jones, told the magistrate she couldn’t afford any amount of bond for her release. “She has no money … She has no credit cards. No line of credit,” he said. Moore, according to Ayudando’s most recent 990 tax form, had a salary of $126,720 for 2015.

Harris’ attorney, Robert Gorence, said Harris should be released because she has been in the community for 40 years and has significant family ties here.

The 28-count indictment unsealed this week charges the women and the company with mail fraud, money laundering, conspiracy and aggravated identity theft.

Their arrests were the product of a year’s worth of investigation by the FBI, IRS, Department of Veterans Affairs Office of Inspector General, and the Office of Inspector General for the U.S. Social Security Administration, according to federal law enforcement officials who appeared at a news conference Thursday.

The indictment alleges that Ayudando, which was set up to act as a fiduciary or a representative payee for individuals needing assistance, was run by Harris as president and Moore as secretary. Part of the alleged embezzlement scheme involved Ayudando concealing the theft from some clients’ accounts by replacing the missing money with funds taken from other clients, the indictment states.

IRS Special Agent Ismael Nevarez Jr. at the news conference made reference to the company’s name.

“This contains the word ayudando, which in Spanish means, help or to help others and is especially troubling,” Nevarez said, adding that instead of helping people, the “defendants were greedy and helped themselves to their clients’ money.”

Acting U.S. Attorney for New Mexico James Tierney said the investigation was ongoing. He said authorities don’t yet know how many Ayudando clients lost funds, but prosecutors in the indictment focused on the federal violations involving 10 veterans whose Ayudando account totals were inflated when reported annually by law to the VA.

The indictment alleged the two women enjoyed a lavish lifestyle of travel with client funds.

Harris, in the indictment, is accused of writing checks from the company client reimbursement account or using the credit card for a $21,852 payment to All World Travel, and more than $17,000 for two Celebrity Cruise trips to the Caribbean isles in 2013 and 2014. Moore charged a $8,958 vacation to a resort in San Diego in 2015 and used the charge card to spend $3,479 for a 13-person vacation to San Diego last December, the indictment alleges.

Tierney said the maximum prison sentence they faced under the charges was 30 years.

The U.S. Marshals Service is managing Ayudando operations, so clients with questions or concerns can call the company at 505-332-4357. The U.S. Attorney’s office can be reached via email at USANM.Ayudando@usdoj.gov or at 505-346-6902.

New Mexico FBI assistant special agent-in-charge Derek Fuller said he and the other agents involved in the Ayudando case want to deliver a message.

“If you are managing funds for people who depend on you for your honesty and you decide to help yourself to the till,” Fuller said, “we will come after you.”

Full Article & Source:
Employee blows whistle on guardian embezzlement case

Ayudando exec testified for industry before arrest

When the new state Supreme Court commission studying guardianship reform met in May, the person who testified on behalf of professional guardians in New Mexico was Sharon Moore from Ayudando Guardians.

The same Sharon Moore appeared last week before a U.S. magistrate in Albuquerque to plead not guilty to federal charges of embezzling millions of dollars from Ayudando clients to finance a “lavish lifestyle.”

Alongside her in the courtroom was her “business partner” at Ayudando, Susan Harris, who – along with the company itself – is also charged in the 28-count indictment with criminal violations.

The indictment accuses the two women of charging up to $4 million in personal expenses, including travel, on the Ayudando company credit card and using funds from special-needs clients to pay the bills as they financed everything from cruises to luxury vehicles.

Two months earlier, Moore told the special commission that those employed by Ayudando adhered to a “model code of ethics,” and that the company had the trust of district judges who appointed it to act as guardian for clients in need of services.

According to the indictment, Ayudando receives government benefit payments from the U.S. Department of Veterans Affairs and U.S. Social Security Administration on behalf of many of its clients, and acts as a fiduciary or representative payee for these clients by paying their expenses and maintaining the balances for the benefit of the clients.

The indictment contends that Moore, the chief financial officer, filed fraudulent reports from January to November of last year with the VA involving about 10 veterans who are Ayudando clients.

An attorney for Moore, 62, did not immediately respond to a request for comment Tuesday.

Since the indictment was unsealed last Wednesday, the state Office of Guardianship, which contracts with Ayudando to represent indigent clients, has not responded to Journal questions about the company – such as whether audits were conducted or bonds were required as a condition of receiving annual contracts.

The state sunshine portal shows that since July 2009, the state has contracted to pay Ayudando more than $5.7 million to act as court-appointed guardian for clients who are indigent or are otherwise eligible for a state-paid professional company to manage their living and other expenses.

The state Office of Guardianship, which approved Ayudando’s most recent annual contract, for $640,000, has offered no explanation for its silence related to its oversight of Ayudando.

But Moore, in her testimony to the Supreme Court commission on May 12, offered some details about Ayudando’s operations.

‘We do have standards’

Moore said the company has about 185 clients, but she didn’t provide a breakdown as to how many are indigent and therefore qualify for state-paid guardianship services, and how many are private.

Moore said her company, which she said has been in existence for about 14 years, employs nationally certified guardians. Both she and Harris are on the list of New Mexico guardians certified by national Center for Guardianship Certification in Harrisburg, Pa.

Such certification isn’t required by state law but is mandated in Ayudando’s contract with the state.

Moore said state district judges in New Mexico put their trust in Ayudando when appointing the company to act as guardians or conservator or both.

“And therefore, we don’t just run amok. We do have standards,” Moore told the 16-member group in May.

The commission, which includes judges, lawyers, representatives for the aging, Governor’s Office appointees and a member of the public, was appointed by the Supreme Court in April after concerns were raised in the Journal and elsewhere that courts in New Mexico needed more oversight of the guardians, who typically operate under the public radar because such cases are deemed confidential and are sealed by law.

The checks and balances provided by the current guardianship system rely heavily on judges, who by law are supposed to review annual reports submitted by guardians as to the welfare of the “incapacitated person” under guardianship.

Additional oversight
 
In the case of Ayudando’s work for the state, there was another layer of oversight, Moore told the commission.

“We do a lot of work for the Office of Guardianship,” she said. “We are audited for sure once a year, and if there is a problem they (the office) get called in on, they come to us.”

She said the caseload for each of the 12 guardians who work for the Albuquerque-based company, can be as many as 30 clients under the Office of Guardianship contract.

But Moore added, “I try not to overwhelm them. Some might get to 30 if they have nursing home clients.”

In contrast to family members who say they have been left out of the process when a professional guardian is appointed for a loved one, Moore said her company actually helps clients or their families write letters to the judges overseeing the case if there are concerns about a guardian’s conduct.

Federal prosecutors say it wasn’t a judge or a state audit that prompted the investigation that led to the FBI, IRS, VA and Social Security Administration investigation of Ayudando. It was an unidentified Ayudando employee who contacted a federal law enforcement agency with the embezzlement allegations.

The indictment prompted one former Ayudando employee to contact the Journal via email, saying in part, “Though I am sad for some really good people working at Ayudando Guardians, I am glad to know justice is being served against this heinous agency that duped so many vulnerable adults.”

The U.S. Marshals Service, meanwhile, has assumed control of the business operations of the firm.

Full Article & Source:
Ayudando exec testified for industry before arrest

Saturday, December 10, 2016

Illinois Lawyer Falsifies Hundreds Of Mortgage Loans, Now Owes Feds $10 Million

An Illinois attorney is liable for more than $10 million for filing falsified documents with the government concerning 237 defaulted mortgage loans.

Robert S. Luce signed Department of Housing and Urban Development (HUD) documents stating that no one at his mortgage company – MDR Mortgage Corp – faced criminal conviction, debarment, or a monetary penalty, despite the fact he was indicted in 2005, Chicago Daily Law Bulletin reported Monday.

Luce “knowingly made a false claim by certifying that none of the principals of MDR were involved in a proceeding that could result in a criminal conviction,” U.S. District Judge John J. Tharp ruled.

HUD regulations prohibit loan correspondents such as MDR from originating loans if they face such punishments. Luce was able to originate loans through HUD for three additional years by falsifying the documents.

Tharp ruled that Luce owed nearly $3.5 million, but those damages triple under the False Claims Act, bringing the total after tacking on $16,500 in fines, to nearly $10.4 million. Luce plans to appeal the ruling.

He was indicted on charges of wire fraud, mail fraud, obstruction of justice and false statements unrelated to MDR in 2005. Regardless, he annually submitted a form to HUD that stated that no one at MDR faced criminal conviction, debarment, or a monetary penalty from 2006 to 2008.

Luce was ultimately issued a $30,000 fine after admitting to obstructing justice in 2008 and had his law license suspended for five months in 2010 for committing a criminal act.

Full Article & Source:
Illinois Lawyer Falsifies Hundreds Of Mortgage Loans, Now Owes Feds $10 Million

Thursday, June 2, 2016

2 Upstate NY women get jail for bilking elderly with false claims for bail money


PLATTSBURGH, N.Y. — Two women from Northern New York have been sentenced to jail for defrauding elderly people by telling the victims that their grandchildren or other relatives needed money for bail.

Naromie Joseph, 29, and Christie Joseph, 25, both of Plattsburgh, pleaded guilty to conspiracy to commit mail fraud, federal authorities said.

Naromie Joseph was sentenced to time served after spending 13 months in jail awaiting the disposition of her case, followed by three years of supervised release.

Christie Joseph was sentenced to four months of weekends in jail and three years of supervised release.

U.S. District Judge Thomas McAvoy ordered the women to pay $27,200.00 in restitution to victims who sent money to Plattsburgh addresses that the women set up for the scam before placing phone calls in December 2013.

Assistant U.S. Attorney Katherine Kopita prosecuted the case, which began with an investigation by Plattsburgh City Police, which later partnered with Homeland Security Investigations.

Full Article & Source:
2 Upstate NY women get jail for bilking elderly with false claims for bail money

Friday, May 27, 2016

Two Plattsburgh women sentenced in grandparent scheme


PLATTSBURGH — Two Plattsburgh women were recently sentenced in federal court for participating in a scheme to defraud elderly victims.

Naromie Joseph, 29, and Christie Joseph, 25, had pleaded guilty to conspiracy to commit mail fraud for their roles in a grandparent scheme, according to a Department of Justice press release.

People would contact the elderly victims, telling them that their grandchildren and other relatives needed money for bail and other purposes.

Since they believed their loved ones needed help, the victims sent the money to various addresses in Plattsburgh that the Josephs arranged to use for the scam, the release said.

TIME SERVED, RESTITUTION

The Public Access to Court Electronic Records website also lists four counts of mail fraud on their indictment.

Naromie was sentenced Monday to time served — she spent about 13 months in custody awaiting the disposition of her case — and three years of supervised release.

She must also pay $27,200 in restitution to the victims, the release said.

On May 10, Christie was sentenced to four months of weekends in jail, three years of supervised release and payment of restitution. (Continue Reading)

Full Article & Source:
Two Plattsburgh women sentenced in grandparent scheme

Saturday, March 12, 2016

Woodbury Man Sentenced for Stealing Funds Intended for Oxford and Charities


Peter M. Clark, 58, of Woodbury, was sentenced to 45 months of imprisonment, followed by three years of supervised release, for stealing more than $1.8 million from the estate of an Oxford woman who died in 2010, federal authorities announced in a prepared statement Wednesday evening.

According to court documents and statements made in court, Miriam S. Strong of Oxford died on July 2, 2010. At the time of her death, Strong had a will, which left money, property and other items to a list of individuals, the Town of Oxford, the State of Connecticut and several religious and other charitable entities.

The will also called for the creation of a scholarship fund for college-bound students from Oxford.

Clark drafted the will as Strong’s attorney and served as a witness to Strong’s execution of the will.

The will named Clark and another individual as co-executors. The investigation revealed that, during the course of the administration of the will, Clark took more than $1.8 million from Strong’s estate for his own use, federal officials said.

Clark will be ordered to make restitution to the Connecticut Client Security Fund, which has reimbursed Miriam Strong’s estate.

Clark was arrested on a federal criminal complaint on May 21, 2015. On October 19, 2015, he pleaded guilty to one count of mail fraud.

Clark, who is released on a $500,000 bond, was ordered to report to prison on Feb. 24.

Full Article & Source:
Woodbury Man Sentenced for Stealing Funds Intended for Oxford and Charities

Thursday, October 29, 2015

Former clerk Kim Birge sentenced to six years in federal custody, ordered to make restitution


By Jan Skutch

Former Chatham County Probate Court Chief Clerk Kim Birge on Friday was sentenced to six years in federal prison and ordered to make restitution of more than $751,000 for her admissions to stealing $232,000 from the court.

U.S. District Judge William T. Moore Jr. also ordered Birge, 61, to serve three years supervised release after completion of her custody term but imposed no fine citing her inability to pay.

There is no parole in a federal sentence.

She will have until 2 p.m. on Nov. 20 to report to a federal facility designated for custody.

Birge, standing with attorney Tom Withers, told Moore that she “wanted to ask forgiveness for everybody who has been affected by my wrongdoing.

“I am ashamed and embarrassed.”

But she asked Moore to consider her efforts to beat the twin problems of pain medication and gambling addiction and said, “I never meant to hurt anyone.”

“I promise to you that I will never let anyone down again,” Birge said.

“This is atrocious,” Clarence Bynes Jr., who was one of Birge’s 33 individual victims, told Moore.

“There was no fear here. … This was just greed. Why would anyone do this to young kids. … Ms. Birge should be ashamed.”

He told the judge he lost $217,000 with Probate Court from the sale of his father’s house. He did not learn of the theft until the day he went to claim the money and was told his money was gone.

“I’m sorry. I don’t see no leniency. … Your honor, this is not fair,” Bynes said.

His testimony, one of three victims to address the court, came after Birge’s sister-in-law, Karen Birge Lang, testified the family could not believe her conduct.

“Everyone depended on her,” Lang said. “Obviously she’s been under a lot of stress for a number of years.”

Birge’s father, Robert Helmey, also testified he did not know what had occurred.

“I don’t know. It’s not Kim,” he said. “I ask for a second chance in life for her.”

Birge pleaded guilty on July 31 to stealing $232,000 from the court as part of a scheme in which the government said she stole more than $750,000 over a three-year period.

As part of the plea to the mail fraud count, prosecutors dismissed the remaining counts in the indictment.

A pre-sentencing investigation identified 33 individual victims, two estates and Chatham County Probate Court that suffered loses as the result of her conduct.

Moore said the 36 victims suffered actual loses, adding that none of the funds ever belonged to the court.

The issue then was “who paid what money to whom,” Moore said.

He set the actual restitution in the case at $751,715.95.

‘Life spiraled out of control’

Assistant U.S. Attorney Scarlett Nokes told Moore that despite Birge’s battles with both drugs since 2008 and gambling excesses since 2003, she did not seek help until her crimes were discovered.

The case was in court because Birge victimized people who were trusting her to do her job, Nokes said.

But, Nokes said, the government was standing by its agreement in the negotiated plea to recommend that she be sentenced at the low end of the sentencing guidelines of 63 months.

The recommended sentencing guidelines were 63-78 months, with the final sentence Moore’s alone.

Under the terms of her negotiated plea with the government, Birge pleaded guilty to count three of a five-count indictment, charging her with mail fraud and federal program fraud in the scheme the government said lasted between January 2011 and November 2011.

But under federal sentencing guidelines, probation officers can consider all alleged misconduct — including dismissed counts — in reaching their recommendations to the judge.

During Birge’s appearance in court, the judge said he found it a mystery that the 342 checks she had written to cash, 322 were checks for less than $3,000 and only 20 in excess of that number.

Birge explained that Probate Judge Harris Lewis had told her she did not have to get permission to write checks of $2,900 or less.

When Moore suggested that her conduct suggested she had a reason for the check sums, Birge responded, “I didn’t try to hide anything from anyone. … Much of the time I didn’t know what I was doing.

“I can’t explain why I did what I did and I’m sorry and I just pray for mercy.”

And Birge said that despite the probation report finding only an audit of the court in 2009. “That’s not true. We were audited every year. Every year they come in my office and sat in the record room and audited our records,” Birge said.

Probation officials only found a 2009 audit and one in 2014.

The count to which she pleaded charged that between Sept. 21, 2011, and Oct. 18, 2011, a check for $232,000 payable to the Chatham County Probate Court was among those she used for herself.

In his pre-sentencing memorandum, Withers told Moore his client’s life spun out of control because of painkiller drugs and gambling, leaving her “shamed and a lifetime of good works destroyed.”

“Kim was unable to handle the losses and stressors in her life and instead of seeking help, she turned to drugs and gambling,” Withers said. “She would disappear into a world of addiction, and her life spiraled out of control.

“Ultimately, Kim became addicted to the prescription opioids she was taking for pain management. Kim became seriously addicted to video game gambling in convenience stores both near her work and home.”

Full Article & Source:
Former clerk Kim Birge sentenced to six years in federal custody, ordered to make restitution

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UPDATE: Ex-Probate clerk Kim Birge to plead guilty in theft case on Friday

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