Security News: Australian Tech Entrepreneur Sentenced To More Than 8 Years For Multimillion Dollar Consumer Fraud Scheme

Source: United States Department of Justice News

Defendant and Co-Conspirators Earned Over $20 Million From Fraudulently Charging Hundreds of Thousands of Mobile Phone Customers for Text-Messaging Services Without Their Knowledge or Consent

Damian Williams, the United States Attorney for the Southern District of New York, announced today that EUGENI TSVETNENKO, a/k/a “Zhenya,” a dual citizen of Australia and Russia, was sentenced to 98 months in prison by U.S. District Judge Analisa Torres.  TSVETNENKO pled guilty on February 18, 2022, for his role in a consumer fraud scheme to charge mobile phone customers millions of dollars in monthly fees for unsolicited, recurring text messages about topics such as horoscopes, celebrity gossip, and trivia facts, without the customers’ knowledge or consent—a practice referred to as “auto-subscribing.”  The portion of the fraudulent scheme that TSVETNENKO and his co-conspirators orchestrated defrauded mobile phone users of approximately $41.3 million and netted TSVETNENKO and his co-conspirators more than $20 million in proceeds.  TSVETNENKO personally earned approximately $15.4 million in connection with the scheme, which he repaid prior to sentencing.

U.S. Attorney Damian Williams said:  “Eugeni Tsvetnenko and his co-defendants made a fortune by fraudulently charging their customers for text messages they didn’t need or approve, in a practice called ‘auto-subscribing,’ then laundering the proceeds through shell companies. Tsvetnenko is paying a steep price for his mobile scam, as he has already paid back over $15 million in forfeiture, and will now spend 98 months in federal prison.”

According to allegations in the Superseding Indictment against TSVETNENKO, evidence presented at the trial of co-conspirators Darcy Wedd (Wedd) and Fraser Thompson (Thompson), and other public filings:

From at least in or about 2012 through in or about 2013, TSVETNENKO, Wedd, Thompson, and others engaged in a multimillion-dollar scheme to defraud consumers by placing unauthorized charges for premium text messaging services on consumers’ cellular phone bills through a practice known as auto-subscribing.  TSVETNENKO owned and operated several content provider companies and mobile industry companies in Australia that, among other things, created and sold premium text messaging content to consumers.  Wedd operated Mobile Messenger, a U.S. aggregation company in the mobile phone industry that served as a middleman between content providers (such as some of TSVETNENKO’s companies) and mobile phone carriers.  Mobile Messenger was responsible for assembling monthly charges incurred by a particular mobile phone customer for premium text-messaging services and placing those charges on that customer’s cellular phone bill.  

Beginning in or about early 2012, Wedd, Thompson, who was the Senior Vice President of Strategic Operations for Mobile Messenger, and two other senior executives of Mobile Messenger (CC-3 and CC-4) recruited TSVETNENKO to their auto-subscribing scheme to increase revenues at Mobile Messenger.  TSVETNENKO agreed and established two new content providers based in Australia, CF Enterprises and DigiMobi, to auto-subscribe on Mobile Messenger’s aggregation platform.  CC-3 furnished lists of phone numbers to TSVETNENKO, along with an auto-subscribing “playbook,” which provided TSVETNENKO with guidance on how to auto-subscribe without being caught.  The “playbook” described how to conceal the fraud scheme by making it appear as if the customers had, in fact, elected to purchase the text-messaging services, when in truth they had not.

The consumers who received the unsolicited text messages typically ignored or deleted the messages, often believing them to be spam.  Regardless, the consumers were billed for the receipt of the messages, at a rate of $9.99 per month, through charges that typically appeared on the consumers’ cellular telephone bills in an abbreviated and confusing form, such as with nonsensical billing descriptors that often consisted of random letter and numbers.  The $9.99 charges recurred each month unless and until consumers noticed the charges and took action to unsubscribe.  Even then, consumers’ attempts to dispute the charges and obtain refunds from CF Enterprises or DigiMobi were often unsuccessful.  Wedd, to whom CC-3, CC-4, and Thompson all reported, oversaw the scheme at Mobile Messenger.

TSVETNENKO, with the assistance of Wedd, Thompson, CC-3, and CC-4, started auto-subscribing consumers in approximately April of 2012.  TSVETNENKO’s auto-subscribing activities, which continued into 2013, victimized hundreds of thousands of mobile phone customers, who were auto-subscribed through Mobile Messenger and charged a total of approximately $41,389,725 for unwanted text messaging services.  Wedd, Thompson, CC-3, and CC-4 agreed that TSVETNENKO would keep approximately 70% of the auto-subscribing proceeds generated by CF Enterprises and DigiMobi, and that the remaining 30% of the auto-subscribing proceeds would be divided evenly among Wedd, Thompson, CC-3, and CC-4.

After obtaining proceeds of the fraud scheme, TSVETNENKO worked with other co-conspirators to launder the proceeds.  TSVETNENKO and his co-conspirators distributed the proceeds of the fraud scheme among themselves and others involved in the scheme by, among other things, causing funds to be transferred through the bank accounts of a series of shell companies and companies held in the names of third parties.  This was done to conceal the nature and source of the payments and TSVETNENKO and his co-conspirators’ participation in the fraud.

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In addition to his prison sentence, TSVETNENKO, 41, of Australia, was ordered to pay forfeiture in the amount of approximately $15.4 million dollars, which he has repaid. 

Mr. Williams praised the outstanding investigative work of the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation.  In addition, Mr. Williams thanked law enforcement partners in Australia, especially the Australian Attorney-General Department’s International Crime Cooperation Central Authority and the Australian Federal Police, as well as the U.S. Department of Justice’s Office of International Affairs, for their significant support and assistance with the defendant’s extradition from Australia. 

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorneys Jilan Kamal and Olga I. Zverovich are in charge of the prosecution. 

Security News: Thai National Sentenced for Trafficking Meth and Fentanyl Pills

Source: United States Department of Justice News

The pills were found concealed inside a child’s backpack in the residence he shares with his three children

PROVIDENCE – A Thai national who stored more than a thousand counterfeit Adderall pills containing methamphetamine and/or fentanyl in a child’s backpack inside the apartment he shared with his three young children has been sentenced to more than seven years in federal prison, announced United States Attorney Zachary A. Cunha.

Davith Hoy, 42, was arrested in March 2021, and pleaded guilty on March 16, 2022, to conspiracy to distribute and to possess with intent to distribute methamphetamine; possession with intent to distribute 50 grams or more of methamphetamine; and possession with intent to distribute fentanyl.

According to information presented to the court, Hoy wholesaled methamphetamine and fentanyl pills to other distributors. His criminal activity came to light after, Ronald M. Kramer, 38 of Providence, allegedly a dealer whom Hoy was supplying, was arrested and imprisoned in an unrelated case. It is alleged that, in monitored telephone calls made from inside the ACI, Kramer contacted his girlfriend, Rebecca L. Beauchamp, 37, of North Providence, and arranged for her to meet with Hoy and receive a supply of meth pills.

According to court documents, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents surveilled Hoy as he allegedly met with Beauchamp and delivered the pills. On March 19, 2021, ATF agents searched a residence Hoy shared with his three young children and discovered a large quantity of fentanyl and methamphetamine pills that Hoy stored inside a child’s Teenage Ninja Mutant Turtles backpack. Agents seized more than one thousand pills along with parts of a pill press and other items used to manufacture meth and fentanyl pills. The pills were manufactured to mimic the appearance of the prescription drug Adderall.

Hoy was sentenced on Monday by U.S. District Court Judge William E. Smith to 87 months in federal prison to be followed by four years of federal supervised release.

Kramer and Beauchamp are currently awaiting trial in U.S. District Court on methamphetamine  trafficking charges. Kramer also faces a federal charge of being a prohibited person in possession of a firearm. In all instances, a defendant is presumed innocent unless and until proven guilty.

The cases are being prosecuted by Assistant United States Attorney William F. Ferland.

United States Attorney Cunha thanks investigators at the Rhode Island Department of Corrections for their assistance in the investigation of this case.

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Security News: Mexican National Is Sentenced To More Than 12 Years For Drug Trafficking, Money Laundering, And Illegal Reentry

Source: United States Department of Justice News

CHARLOTTE, N.C. – Jose Velasquez, 38, of Mexico, was sentenced yesterday to 151 months in prison and five years of supervised release for drug trafficking, money laundering, and illegal reentry, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.

Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Charlotte District Office, and Ronnie Martinez, Special Agent in Charge of Homeland Security Investigations (HSI) in North Carolina and South Carolina, join U.S. Attorney King in making today’s announcement.

According to court documents and court proceedings, from at least 2018 to 2020, Velasquez was a member of a drug trafficking organization (DTO) responsible for distributing bulk quantities of cocaine, heroin, and methamphetamine in the greater Charlotte area and throughout Western North Carolina. On January 24, 2020, law enforcement arrested Velasquez on criminal illegal reentry charges. On the same date, law enforcement also executed search warrants at Velasquez’s residence and vehicle, seizing more than two kilograms of heroin, half a kilogram of cocaine, and approximately half a kilogram of fentanyl and methamphetamine. As described in court documents, in addition to trafficking narcotics, Velasquez laundered drug proceeds to the DTO leaders in Mexico via money wires. Velasquez also used his boutique shop, Envios & Botique Rosita, located at 4801 S. Tryon Street, in Charlotte, to conduct his drug trafficking activities and to launder drug proceeds for the DTO.

Velasquez pleaded guilty to conspiracy to distribute and to possess with intent to distribute heroin, methamphetamine and cocaine, money laundering conspiracy, possession with intent to distribute heroin, and illegal reentry of a deported alien subsequent to the conviction for an aggravated felony, that being Fraud in 2004 and Larceny from the Person in 2009.

Velasquez is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility. Velasquez will also be subject to deportation proceedings upon the completion of his federal sentence.  

The DEA and HSI led the investigation, which is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles criminal organizations using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF

Assistant U.S. Attorneys Regina Pack and Kenneth Smith of the U.S. Attorney’s Office in Charlotte prosecuted the case.

Security News: New Jersey Man Convicted of Several Child Pornography Charges after Throwing Electronic Devices into Bay

Source: United States Department of Justice News

TRENTON, N.J. – A Middlesex County, New Jersey, man was convicted of several counts involving images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced today.

Charles F. Browne, 52, of South River, New Jersey, was found guilty on June 27, 2022, following a six-day trial before U.S. District Judge Michael A. Shipp in Trenton federal court of receiving child pornography, soliciting child pornography, possessing prepubescent child pornography, and concealing objects to impede the FBI’s investigation.

According to documents filed in this case and the evidence at trial:

In September 2017, a cloud-based file service noticed that apparent child sex abuse material had been uploaded to, and maintained in, an account with the screen name “Charles Browne” and an email address containing the term “cbrowne.” The FBI obtained the files that were uploaded to the online account, which included prepubescent child pornography and two copies of Browne’s resume.        

On April 8, 2019, law enforcement officers stopped Browne’s vehicle as he left his residence. Brown was given a Miranda warning and interviewed by law enforcement officers about the FBI’s ongoing child exploitation investigation. Browne initially denied having an iPad and then, in response to the agent’s question at the conclusion of the interview asking where his iPad was, responded that it was at home, which was approximately one mile away. Law enforcement officers told Browne that an online file account contained two images of prepubescent child sexual abuse created by an Apple iPhone Model 5C camera. Browne denied knowledge of the child pornography. At the conclusion of the interview, Browne was dropped off at his vehicle, which was locked.

At trial, Browne confessed that he broke into his vehicle after the FBI interview, removed an iPad and his iPhone, and then walked to a local private beach club. Browne was observed by a neighbor as he walked to the end of the dock and threw his iPad and iPhone into the bay.   

After Browne returned to his residence without his electronic devices, the FBI conducted a canvass of the area and located the neighbor who had observed Browne throwing his iPad into the bay. The FBI sent in a dive team, which recovered Browne’s iPad and iPhone – an Apple Model 5C – from the bay.

The devices were repaired; review of the data recovered from the devices revealed videos and images of child sexual abuse. Web history from the iPad reflected that Browne had sought out images of child sexual abuse on the iPad the day before law enforcement officers interviewed Browne. Evidence from Browne’s iPad and iPhone reflected that Browne sent emails to others seeking child pornography “vids.” 

The counts of receipt of child pornography and solicitation of child pornography each carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and fine of $250,000. The count of possession of prepubescent child pornography carries a maximum penalty of 20 years in prison and a fine of $250,000. The count of concealing objects to impede a federal investigation count carries a maximum penalty of 20 years in prison and a fine of $250,000. Sentencing is scheduled for Nov. 9, 2022.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Jesse Levine of the Newark Division, Assistant Director Michael Driscoll of the New York Division, and Special Agent in Charge Johnnie Sharp Jr., of the Birmingham Division; the Monmouth County Prosecutor’s Office, under the direction of Acting Prosecutor Lori Linskey; the Monmouth County Sherriff’s Office, under the direction of Sheriff Shaun Golden; the Ocean County Sherriff’s Office, under the direction of Sheriff Michael G. Mastronardy; the Tom’s River Police Department, under the direction of Police Chief Mitchell A. Little; the South River Police Department, under the direction of Police Chief Mark Tinitigan; and the Manalapan Township Police Department, under the direction of Police Chief Edward Niesz, with the investigation leading to today’s guilty verdict.

The government is represented by Assistant U.S. Attorneys Jamie L. Hoxie and Jonathan Fayer of the U.S. Attorney’s Office’s Criminal Division in Newark.

Security News: West Michigan Man Sentenced To 23 Years In Prison For Illegally Possessing Firearms And Intending To Sell Fake Adderall Pills

Source: United States Department of Justice News

Roddrick Wilson intended to sell over 15,000 fake Adderall® pills that subsequently tested positive for methamphetamine at time of his arrest in August 2021

          GRAND RAPIDS, MICHIGAN —U.S. Attorney Mark A. Totten announced that on June 24, 2022, U.S. District Judge Paul L. Maloney sentenced Roddrick Montez Wilson, 26, of Muskegon and Grand Rapids, to 23 years in prison for possessing with intent to distribute methamphetamine and possessing a firearm in furtherance of drug trafficking.

          During a traffic stop in August 2021, Michigan State Police in Muskegon found Wilson in possession of over 15,000 fake pills that appeared to be Adderall®, an amphetamine used to treat ADHD and narcolepsy, but the pills were in fact methamphetamine. Wilson intended to sell the pills, worth an estimated $75,000, and possessed a loaded, stolen firearm in furtherance of that crime. After further investigation by the Drug Enforcement Administration, investigators learned that law enforcement in Grand Rapids had encountered Wilson in February and June 2021, and on both occasions, found smaller quantities of the same type of fake pills, in addition to a firearm in June and other drugs in February.

Over 15,000 fake Adderall® pills and a stolen firearm seized from Roddrick Wilson in Muskegon, Michigan on August 25, 2021

          “Counterfeit pills pose a significant danger to our communities,” said U.S. Attorney Totten. “There are often devastating consequences for drug users who ingest fake pills bought off the street. My office is committed to raising awareness about this issue, and prosecuting those individuals who seek to profit off the distribution of counterfeit substances.”

          According to the DEA,[1] a nationwide surge in fake prescription pills, made and marketed by criminal drug networks, is driving harm, violence, and overdoses across the United States. Fake pills are marked as legitimate prescription pills to deceive the American public, are easy to purchase, and widely available. Between August and December 2021, almost 10 million fake pills were seized by law enforcement nationwide. You should never take prescription medication that was not prescribed to you by your doctor and dispensed by a licensed pharmacist. For more information about the DEA’s “One Pill Can Kill” campaign, visit: https://www.dea.gov/onepill.

          Fake pills can be hard to detect. Wilson possessed fake Adderall® pills like the ones depicted below:

Counterfeit Adderall® pills, front and back

          Authentic, or real Adderall® pills, are shown below:

Authentic Adderall® pills, front and back

          “Across the Midwest, law enforcement is seizing methamphetamine pressed into fake-pill form so that it appears to be a less potent substance, such as Xanax or Adderall. This case should serve as a stark reminder to everyone: the only pill anyone should take is one that has been prescribed by a physician and obtained at a legitimate pharmacy,” said Orville O. Greene, Special Agent in Charge of the DEA’s Detroit Division.

          The DEA, Michigan State Police, and Grand Rapids Police Department investigated this case, which was prosecuted by Assistant U.S. Attorney Dan McGraw.

[1] https://www.dea.gov/sites/default/files/2022-03/20220208-DEA_OPCK%20Overview%20and%20Key%20Results.pdf

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