Security News: Tax service owner admits to failing to pay federal withholdings

Source: United States Department of Justice News

HOUSTON – A CEO has pleaded guilty to failing to truthfully account for and to pay over withholdings of federal income and FICA taxes from the wages of his employees to the IRS, announced U.S. Attorney Jennifer B. Lowery.

Alejandro Joael Colbert was majority owner and CEO of Colbert Ball Tax Service in Houston. Its main purpose was franchising tax preparation businesses across the country.

According to the plea agreement, Colbert admitted that from 2015 to 2018, he failed to file employment tax returns and did not pay all taxes withheld from the wages of employees to the IRS.

Colbert admitted he caused approximately $710,000 in tax revenue loss. He has agreed to pay more than $196,000 in restitution to the IRS – the amount of withholdings from employee wages for the quarters in years 2015-2018 that remained unpaid at the time he was charged.

To date, he has paid $120,000 towards that restitution.

U.S. District Judge Sim Lake set sentencing for Aug. 12. At that time, Colbert faces up to five years in prison and a possible $250,000 maximum fine.

Colbert was permitted to remain on bond pending that hearing. 

IRS – Criminal Investigation conducted the investigation. Assistant U.S. Attorney Charles J. Escher is prosecuting the case.

Security News: Las Vegas Man Indicted For Assaulting Federal Task Force Officers

Source: United States Department of Justice News

LAS VEGAS – A Las Vegas man made his initial appearance in federal court yesterday for allegedly assaulting two federal task force officers.

Isaiah Tisby, 26, is charged with two counts of assault on a federal officer with use of a deadly and dangerous weapon or infliction of bodily injury, and two counts of assault on a federal officer and employee. U.S. Magistrate Judge Brenda Weksler scheduled a jury trial to begin on July 12, 2022.

According to allegations in the indictment, on March 18, 2022, Tisby used a can of bear attack deterrent to assault two federal task force officers who were carrying out their official duties.

If convicted, Tisby faces a statutory maximum penalty of 20 years in prison for the assault on a federal officer with use of a deadly and dangerous weapon or infliction of bodily injury counts; and a statutory maximum penalty of eight years in prison for the assault on a federal officer and employee counts.

Acting U.S. Attorney Christopher Chiou for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI made the announcement.

This case was investigated by the FBI. Assistant U.S. Attorney Allison Reese is prosecuting the case.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Security News: Former Bank Branch Manager Sentenced To Prison For Tech Support Fraud Scheme That Exploited The Elderly

Source: United States Department of Justice News

Technical Support Scheme Deceived Victims Across the United States and Canada, Many of Whom are Elderly, into Paying for Phony Computer Repair Services

Damian Williams, the United States Attorney for the Southern District of New York, announced that defendant ARIFUL HAQUE was sentenced to one year and one day in prison for participating in a technical support fraud scheme.  This conspiracy exploited victims, including elderly victims, by remotely accessing their computers and convincing victims to pay for computer support services that they did not need, and which were never actually provided.  As part of this scheme, HAQUE registered a purported technical support company, which defrauded more than 100 victims located across the United States and Canada.  HAQUE previously pled guilty before U.S. District Judge Paul A. Crotty, who imposed today’s sentence.

U.S. Attorney Damian Williams said:  “Ariful Haque participated in a conspiracy that caused pop-up windows to appear on victims’ computers—pop-up windows that claimed, falsely, that a virus had infected the victim’s computer.  Through this and other misrepresentations, this fraud scheme deceived scores of victims across the country into paying hundreds or thousands of dollars to the perpetrators for computer support services they did not need.  Thanks to our partners at Homeland Security Investigations, this scheme has been dismantled and another participant has been sentenced to prison.”

According to the allegations contained in the Superseding Information, court filings, and statements made in court:

From approximately November 2017 through June 2019, HAQUE was a member of a criminal fraud ring (the “Fraud Ring”) based in the United States and India that committed a technical support fraud scheme that exploited score of victims located across the United States and Canada, including in the Southern District of New York.  The Fraud Ring’s primary objective was to trick victims into believing that their computers were infected with malware, in order to deceive them into paying hundreds or thousands of dollars for phony computer repair services. 

The scheme generally worked as follows.  First, the Fraud Ring caused pop-up windows to appear on victims’ computers.  The pop-up windows claimed, falsely, that a virus had infected the victim’s computer.  The pop-up window directed the victim to call a particular telephone number to obtain technical support.  In at least some instances, the pop-up window threatened victims that, if they restarted or shut down their computer, it could “cause serious damage to the system,” including “complete data loss.”  In an attempt to give the false appearance of legitimacy, in some instances the pop-up window included, without authorization, the corporate logo of a well-known, legitimate technology company.  In fact, no virus had infected victims’ computers, and the technical support phone numbers were not associated with the legitimate technology company.  Rather, these representations were false and were designed to trick victims into paying the Fraud Ring to “fix” a problem that did not exist.  And while the purported “virus” was a hoax, the pop-up window itself did cause various victims’ computers to completely “freeze,” thereby preventing these victims from accessing the data and files in their computer—which caused some victims to call the phone number listed on the pop-up window.  In exchange for victims’ payment of several hundred or thousand dollars (depending on the precise “service” victims purchased), the purported technician remotely accessed the victim’s computer and ran an anti-virus tool, which is free and available on the Internet.  The Fraud Ring also re-victimized various victims, after they had made payments to purportedly “fix” their tech problems.

The Fraud Ring operated through at least 15 fraudulent entities.  In November 2017, HAQUE registered one of these fraudulent entities in New York State.  HAQUE’s entity defrauded more than approximately 100 victims as part of this scheme.  As part of his involvement in the fraud, HAQUE opened U.S. bank accounts to receive funds from victims, deposited victim checks, received a victim complaint, and repeatedly provided a co-conspirator in India (“CC-1”) with authentication codes so that CC-1 could wire funds out of these bank accounts.  HAQUE, a former bank branch manager in New York City, also tried to use his banking experience to further the scheme, including by advising CC-1 that it was “[n]ot a good idea to deposit” certain checks, some of which would risk the involvement of “the Feds.”  Moreover, on occasion, HAQUE also assisted another co-conspirator (“CC-2”), who had registered a different fraudulent entity that was part of the Fraud Ring, as well.  In total, as he admitted in his plea agreement, HAQUE is responsible for losses exceeding $600,000.

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In addition to his prison term, HAQUE, 36, of Queens, New York, was sentenced to three years of supervised release, forfeiture of $38,886.32, and restitution of $470,672.16.

HAQUE’s co-defendant, Romana Leyva, was previously sentenced to 100 months in prison, three years of supervised release, forfeiture of $4,679,586.93, and restitution of $2,707,882.91.

Mr. Williams praised the New York Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”)’s El Dorado Task Force, Cyber Intrusion/Cyber Fraud Group for its outstanding work on the investigation.  Mr. Williams also thanked the New York City Police Department for its assistance on this case. 

This matter is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorneys Michael D. Neff and Jilan J. Kamal are in charge of the prosecution.

Security News: Correctional Officer Charged with Providing Contraband to Inmates

Source: United States Department of Justice News

Acting U.S. Attorney Michelle M. Baeppler announced that a federal grand jury returned a four-count indictment charging Milton Williams, 27, of Austintown, Ohio, with participating in a conspiracy that sold contraband to inmates at a Federal Correctional Institute in Elkton, Ohio (FCI-Elkton).

According to the indictment, from March 2020 to January 2021, the defendant worked as a Correctional Officer at FCI-Elkton.  The indictment states that during this time, Williams and others participated in a conspiracy that smuggled tobacco and cell phones into the prison and sold them to inmates.  The indictment alleges that inmates made payments through a mobile phone application.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it is the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This case was investigated by the FBI and the Department of Justice Office of the Inspector General.  This case is being prosecuted by Assistant U.S. Attorney Bryson N. Gillard.

Security News: Hospital Employee Pleads Guilty to Producing Child Exploitive Images of an Unconscious Victim Patient

Source: United States Department of Justice News

Baltimore, Maryland – Donald Benson, Jr., age 42, of Nottingham, Maryland, pleaded guilty yesterday to production of child pornography.

The plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge Selwyn Smith of Homeland Security Investigations (HSI) Baltimore; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Melissa R. Hyatt of the Baltimore County Police Department.

According to his guilty plea, on September 18, 2016, while working at a Maryland hospital as a patient sitter, Benson sexually assaulted a 15-year-old female (Victim 1) while she was unconscious.  Additionally, Benson took 13 pictures of the sexual assault on Victim 1 and emailed those pictures to his personal email account.  Benson used Victim 1’s birthdate as the subject of the email which was also visible in the pictures that Benson produced.

As stated in is plea agreement, in December 2019, the National Center for Missing and Exploited Children received a report regarding child pornography activity on Benson’s email account.  Between August 2015 to December 2019, Benson uploaded 337 files of possible child pornography.

During the investigation into Benson’s criminal conduct, investigators determined that several of the images Benson had emailed himself depicted images of minors being sexually assaulted including the images that Benson captured of Victim 1 while she was in an unconscious state. 

On February 6, 2020, investigators executed search warrants at Benson’s residence and seized various electronic devices. On Benson’s electronic devices, investigators located several images and files of child pornography and a CD that depicted a naked prepubescent female with her legs spread and genitals exposed.  This CD contained images of child pornography from 1999 to 2013.

In an interview with law enforcement, Benson informed investigators that he took pictures of Victim 1 while working in an official capacity and while Victim 1 was unconscious.  He also informed law enforcement that he took the exploitive pictures of Victim 1 when her father stepped out of the room to take a phone call.

Benson faces a mandatory minimum sentence of 15 years in prison and a maximum of 30 years in prison followed by up to a lifetime of supervised release for production of child pornography.   U.S. District Judge Catherine C. Blake has scheduled sentencing for August 3, 2022, at 9:15 a.m.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.  For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.         

United States Attorney Erek L. Barron commended the FBI, HSI, the Baltimore County Police Department, and the Baltimore County State’s Attorney’s Office for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Mary W. Setzer and Paul E. Budlow, who are prosecuting the federal case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.

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