Security News: Colorado CEO and Fund Manager Admits to $11 Million Securities Fraud Scheme

Source: United States Department of Justice News

NEWARK, N.J. – A Denver, Colorado, CEO today admitted conducting a securities scheme to fraudulently obtain $11 million from investors through various misrepresentations about fund operations, his background, and his contribution to the fund, U.S. Attorney Philip R. Sellinger announced.

Samuel J. Mancini, 55, pleaded guilty before U.S. District Court Judge Cecchi in Newark federal court to an information charging him with one count of securities fraud.

According to documents filed in this case and statements made in court:

Mancini managed and controlled Outdoor Capital Partners LLC (OCP), which he purported to be a venture capital and private equity firm. OCP served as the managing director of OCP Italia Fund LLC (OCP Italia), a private investment fund. Mancini used OCP and OCP Italia to engage in the fraudulent scheme.

 From February 2020 through July 2021, Mancini promised investors that he was raising $20 million, including $5 million of his own money, for OCP Italia to invest solely in acquiring controlling interests in three Italian cycling companies. Mancini represented to investors that the acquisitions would take place soon after the fund closed. To induce investments, Mancini promised investors approximately 70 percent of OCP Italia’s operating profits. 

Mancini repeatedly misrepresented his finances and his contribution to OCP Italia.  Mancini also misrepresented OCP Italia’s ability to close on the acquisitions. OCP Italia never acquired any of the Italian cycling companies. Instead, Mancini defaulted on contracts, diverted investor funds out of OCP Italia, and, in certain instances, paid investor funds to other investors seeking redemption.

 Mancini also misled investors about his educational background by representing himself as a graduate of a prestigious military academy when, in fact, Mancini had failed to graduate from the academy due to an ethical violation. 

When confronted with requests for transparency and redemptions by certain investors in OCP Italia, Mancini failed to honor the redemption requests, made misrepresentations about his inability to honor the redemption requests, misstated and omitted material facts, and provided certain investors with forged, modified, or otherwise fraudulent documentation and financial records. Mancini fraudulently obtained approximately $11 million from victims. 

The securities fraud count carries a maximum penalty of 20 years in prison and a $5 million fine. Sentencing is scheduled for Aug. 17, 2022.

The U.S. Securities and Exchange Commission has filed a civil complaint against Mancini based on the allegations underlying the securities fraud scheme to which Mancini pleaded guilty today.

U.S. Attorney Sellinger credited special agents and intelligence analysts of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s guilty plea. He also thanked the FBI Denver Field Office, under the direction of Special Agent in Charge Michael H. Schneider, for its assistance.

The government is represented by Assistant U.S. Attorney Lauren E. Repole, Chief of the General Crimes Unit.

Security News: DOJ and Port of Edmonds resolve complaint regarding violations of the Americans with Disabilities Act

Source: United States Department of Justice News

Port action removed accessible parking spaces at marina; existing spaces failed to meet ADA guidelines

Seattle – The U.S. Department of Justice and the Port of Edmonds, Washington have resolved a complaint that the Port violated the Americans with Disabilities Act (ADA) when it altered the parking lot at the Port marina and failed to provide appropriate accessible parking spaces, announced U.S. Attorney Nick Brown.  As part of the settlement, the Port of Edmonds will pay a complainant $3,522 for discrimination and inability to use the marina.

“This resolution is a good reminder that federal law requires full and equitable access. It is not enough to simply designate a parking space with a blue accessible parking marker—that space must also have special characteristics that will allow those with mobility issues to enjoy full access,” said U.S. Attorney Nick Brown. “Once our office became involved, the Port of Edmonds quickly reconfigured their spaces with appropriate space and access aisles so that the spaces were usable by those using assistive devices such as walkers or wheelchairs.”

According to the settlement agreement, in February 2021, the Port of Edmonds reconfigured its parking lot and constructed a dumpster area where accessible parking had been.  Soon after the work, the complainant notified the Port of Edmonds that the new configuration violated the ADA.  Nevertheless, the Port did not make any changes. 

On August 12, 2021, a representative of the U.S. Attorney’s Office viewed the North and South parking areas at the marina. The review found multiple violations of the ADA including a lack of aisle space next to the accessible parking spaces, and no designated van accessible parking spaces.  The U.S. Attorney’s Office concluded the parking area did not comply with the ADA. 

After receiving notice of non-compliance from the U.S. Attorney’s Office, the Port of Edmonds quickly made changes. By August 31, 2021, the Port reconfigured its parking areas to include accessible spaces with access aisles and designated van accessible areas.  The accessible parking spaces were moved to shorten the distance to Port facilities.

The Port has agreed to designate an ADA coordinator, and place signs throughout its facilities identifying the ADA coordinator and how he or she can be contacted.  The coordinator will be responsible for investigating any complaints regarding discrimination against individuals with disabilities.

The Port will pay the complainant who could not use Port facilities $3,522 and agrees in the settlement not to retaliate in any way against anyone who brings a complaint regarding ADA access.

The Port of Edmonds will certify its compliance with the ADA to the U.S. Attorney’s Office. The U.S. Attorney’s Office will monitor compliance for two years following the settlement.  If no further issues arrive, the matter will be closed.

The matter was investigated and resolved by former Assistant United States Attorney Sarah Morehead and subsequently by Assistant United States Attorney Heather Costanzo.  

Security News: U.S. Attorney Announces Arrests Of A Yakuza Leader And Affiliates For International Trafficking Of Narcotics And Weapons, Including Surface-To-Air Missiles

Source: United States Department of Justice News

Takeshi Ebisawa of Japan, a Leader Within the Japanese Transnational Organized Crime Syndicate Also Known as Yakuza, and Three Thai Affiliates, Allegedly Conspired to Arrange Large-Scale International Narcotics and Weapons Deals, Including the Acquisition

Damian Williams, the United States Attorney for the Southern District of New York, and Anne Milgram, the Administrator of the U.S. Drug Enforcement Administration (“DEA”), announced today the arrests of TAKESHI EBISAWA, SOMPHOP SINGHASIRI, SUKSAN JULLANAN, a/k/a “Bobby,” and SOMPAK RUKRASARANEE, for international narcotics and weapons trafficking offenses. EBISAWA, a Japanese national, JULLANAN, a United States and Thai national, and RUKRASARANEE, a Thai national, were arrested in Manhattan on April 4, 2022. SINGHASIRI, a Thai national, was arrested in Manhattan on April 5, 2022. EBISAWA, JULLANAN, and RUKRASARANEE were presented before Magistrate Judge Jennifer Willis on April 5, 2022, and were ordered detained, and SINGHASIRI was presented before Judge Willis on April 6, 2022, and was ordered detained.

U.S. Attorney Damian Williams said: “We allege Mr. Ebisawa and his co-conspirators brokered deals with an undercover DEA agent to buy heavy-duty weaponry and sell large quantities of illegal drugs. The drugs were destined for New York streets, and the weapons shipments were meant for factions in unstable nations. Members of this international crime syndicate can no longer put lives in danger and will face justice for their illicit actions.”

DEA Administrator Anne Milgram said: “The expansive reach of transnational criminal networks, like the Yakuza, presents a serious threat to the safety and health of all communities. Ebisawa and his associates intended to distribute hundreds of kilograms of methamphetamine and heroin to the United States, using deadly weapons to enable their criminal activities, at a time when nearly 300 Americans lose their lives to drug overdose every day. These arrests represent the unwavering determination of the DEA, together with our U.S. and international partners, to target and bring to justice violent criminals who lead transnational drug trafficking organizations that continue to flood our country with dangerous drugs.”

According to the allegations contained in the Complaint charging the defendants, which was unsealed today in Manhattan federal court:[1]

Since at least in or about 2019, the DEA has been investigating EBISAWA, a leader within the Japanese transnational organized crime syndicate also known as Yakuza, in connection with large-scale narcotics and weapons trafficking. The Yakuza is a network of highly organized, transnational crime families with affiliates in Asia, Europe, and the Americas, and is involved in various criminal activities, including weapons trafficking, drug trafficking, human trafficking, fraud, and money laundering. Over the course of the investigation, EBISAWA introduced an undercover DEA agent (“UC-1”), posing as a narcotics and weapons trafficker, to associates in EBISAWA’s international criminal network, which spans Japan, Thailand, Burma, Sri Lanka, and the United States, among other places, for the purpose of arranging large-scale narcotics and weapons transactions. EBISAWA and his associates—including SINGHASIRI, JULLANAN, and RUKRASARANEE—have negotiated multiple narcotics and weapons transactions with UC-1.

EBISAWA, JULLANAN, and RUKRASARANEE conspired to broker the purchase from UC-1 of United States-made surface-to-air missiles (“SAMs”), as well as other heavy-duty weaponry, for multiple ethnic armed groups in Burma, and to accept large quantities of heroin and methamphetamine for distribution as partial payment for the weapons. EBISAWA, JULLANAN, and RUKRASARANEE understood the weapons to have been manufactured in the United States and taken from United States military bases in Afghanistan and planned for the narcotics to be distributed in the New York market.

In addition, EBISAWA and SINGHASIRI conspired to sell 500 kilograms of methamphetamine and 500 kilograms of heroin to UC-1 for distribution in New York. In furtherance of that transaction, on or about June 16, 2021, and on or about September 27, 2021, SINGHASIRI provided samples of approximately one kilogram of methamphetamine and approximately 1.4 kilograms of heroin. SINGHASIRI conspired to possess and use firearms, including machine guns, to protect narcotics shipments. EBISAWA also worked to launder $100,000 in purported narcotics proceeds from the United States to Japan.

* * *

A table containing the charges and maximum penalties for EBISAWA, 57, of Japan; SINGHASIRI, 58, of Thailand; JULLANAN, 53, of the United States and Thailand; and RUKRASARANEE, 55, of Thailand, is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

COUNT

DEFENDANT(S)

MAX. TERM OF IMPRISONMENT

Count One: narcotics importation conspiracy (21 U.S.C. § 963)

EBISAWA and SINGHASIRI

Life imprisonment; Mandatory minimum sentence of ten years’ imprisonment

Count Two: conspiracy to possess firearms, including machine guns and destructive devices (18 U.S.C. § 924(o))

SINGHASIRI

Life imprisonment

Count Three: conspiracy to acquire, transfer, and possess SAMs (18 U.S.C. § 2332g)

EBISAWA, JULLANAN, and RUKRASARANEE

Life imprisonment; Mandatory minimum sentence of 25 years’ imprisonment

Count Four: narcotics importation conspiracy (21 U.S.C. § 963)

EBISAWA, JULLANAN, and RUKRASARANEE

Life imprisonment; Mandatory minimum sentence of ten years’ imprisonment

Count Five: conspiracy to possess firearms, including machine guns and destructive devices (18 U.S.C. § 924(o))

EBISAWA, JULLANAN, and RUKRASARANEE

Life imprisonment

Count Six: money laundering (18 U.S.C. § 1956)

EBISAWA

20 years’ imprisonment

Mr. Williams praised the outstanding efforts of the DEA’s Special Operations Division Bilateral Investigations Unit. Mr. Williams also thanked the DEA Tokyo Country Office, DEA Bangkok Country Office, DEA Chiang Mai Resident Office, DEA Jakarta Country Office, DEA Copenhagen Country Office, DEA New York Field Office, DEA New Delhi Country Office, the Counterterrorism Section of the Department of Justice’s National Security Division, the Office of International Affairs of the Department of Justice’s Criminal Division, the Japanese Narcotics Control Department, the Royal Thai Police Narcotics Suppression Bureau, Japan National Police Agency, and the Indonesian National Police Satuan Tugas Khusus Merah Putih/Merah Putih Special Task Force for their assistance.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The case is being handled by the Office’s National Security and International Narcotics Unit. Assistant United States Attorneys Kaylan E. Lasky and Alexander Li are in charge of the prosecution, with assistance from Trial Attorney Lauren B. Goddard of the Counterterrorism Section.

The charges contained in the Complaint are merely allegations, and the defendants are presumed innocent unless and until proven guilty.


[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations and every fact described should be treated as an allegation.

Security News: Lewisville, Texas Man Sentenced to Over 22 Years in Federal Prison

Source: United States Department of Justice News

Jackson, TN- William Hill, Jr., 35, of Lewisville, Texas, has been sentenced to 272 months in federal prison for conspiracy to possess with intent to distribute over 50 grams of actual methamphetamine and possession with the intent to distribute over 50 grams of actual methamphetamine. Joseph C. Murphy Jr., United States Attorney, announced the sentence today.

According to information presented in court, James Elmer Sneed was a drug dealer who sold methamphetamine to individuals in Texas, Arkansas, and West Tennessee. Sneed previously sold methamphetamine to a female in Jackson, Tennessee. In January 2018, while traveling from Arkansas to Georgia, Sneed stopped in Jackson to meet with the female and sell her methamphetamine. After his arrival, Sneed was contacted by his co-defendant, William Hill, Jr., who is also a known narcotics distributor. Hill decided to travel to Jackson so that Sneed could arrange a meeting between Hill and the female subject for Hill to sell her drugs.

On January 4, 2018, Sneed rented a hotel room at the Country Inn & Suites in Jackson. After Hill arrived in Jackson, Sneed set up a meeting between Hill and the female subject. Sneed then left Jackson and let Hill use the hotel room for the purposes of storing and selling narcotics to the female and others.

On January 6, 2018, officers with the Jackson Police Department (JPD) were called to the Country Inn and Suites to assist management with the removal of the occupants from Sneed’s room. Management reported heavy foot traffic coming to and from the room, and the odor of marijuana outside the room. In addition, the occupants refused housekeeping service for several days, which was against hotel policy.

After officers entered the room, they observed a meth pipe on the bed and narcotics and money in an open safe. Hill and his girlfriend were removed from the room and Hill was found in possession of the key to the safe. Later that day, members of JPD Metro Narcotics Unit obtained and executed a search warrant for the room. A search of the room revealed over 400 grams of crystal methamphetamine (“ice”) in the safe, three sets of digital scales, five meth pipes, cutting agent, and $2,530 in cash.

The Drug Enforcement Administration (DEA) laboratory tested the methamphetamine and confirmed that the net weight of the substance was 410 grams, and that the purity level was 84%.

On November 9, 2021, after a two-day jury trial, Hill was found guilty of conspiring with Sneed and others to possess with the intent to distribute over 50 grams of actual methamphetamine and possessing with the intent to distribute over 50 grams of actual methamphetamine.

On April 5, 2022, Chief United States District Judge S. Thomas Anderson sentenced Hill to 272 months imprisonment, to be followed by five years of supervised release. On February 25, 2022, Sneed was sentenced to 120 months in federal prison to be followed by five years’ supervised release. There is no parole in the federal system.

This case was investigated by the Jackson Police Department, the Madison County Sheriff’s Office, and the Drug Enforcement Administration (DEA).

Assistant United States Attorneys Josh Morrow and Matt Wilson prosecuted this case on behalf of the government.

###

Security News: Illinois Man Admits Stealing Unemployment Insurance Benefits while Incarcerated

Source: United States Department of Justice News

NEWARK, N.J. – An Illinois man today admitted that he used other individuals’ personal identification information to fraudulently obtain unemployment insurance benefits while he was incarcerated, U.S. Attorney Philip R. Sellinger announced. 

Devontae Stokes, 27, of Country Club Hills, Illinois, pleaded guilty by videoconference before U.S. District Judge Madeline Cox Arleo to an information charging him with conspiring to commit wire fraud.

According to documents filed in the case and statements made in court:

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law. The CARES Act created a new temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA), which provided unemployment insurance benefits for individuals who were not eligible for other types of unemployment (e.g., the self-employed, independent contractors, gig economy workers). The CARES Act also created a new temporary federal program called Federal Pandemic Unemployment Assistance (FPUC) that provided an additional weekly benefit to those eligible for PUA and regular unemployment insurance benefits. 

Between August 2020 and November 2020, Stokes was incarcerated at FCI Fort Dix, a federal correctional institutional with an adjacent satellite camp located in Fort Dix, New Jersey. Stokes and his conspirators obtained personal identification information (PII), including names, dates of birth, and Social Security numbers belonging to other individuals without those individuals’ knowledge and consent. Stokes and his conspirators then used the PII to make fraudulent unemployment insurance benefits applications and obtained more than $140,000 in benefits.

The charge of conspiring to commit wire fraud is punishable by a maximum potential penalty of 20 years in prison and a fine of the greater of $250,000, twice the gross profits to Stokes or twice the gross loss suffered by the victims, whichever is greatest. Sentencing is scheduled for Aug. 23, 2022.

U.S. Attorney Sellinger credited special agents of the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Jonathan Mellone, in New York; special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr., in Newark; and special agents with the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina, in Newark, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.