Security News: Former Prattsville Town Supervisor Pleads Guilty to Fraud

Source: United States Department of Justice News

ALBANY, NEW YORK – Kory O’Hara, age 45, formerly the Town Supervisor of Prattsville, pled guilty today to wire fraud in connection with a grant extended to Prattsville in the wake of Hurricane Irene. 

The announcement was made by United States Attorney Carla B. Freedman; New York State Comptroller Thomas P. DiNapoli; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); John Pias, Special Agent in Charge of the Detroit Field Office, Department of Homeland Security, Office of Inspector (DHS-OIG); and Christina Scaringi, Special Agent in Charge, U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Region (HUD-OIG).

In August 2011, Hurricane Irene caused significant damage to the Town of Prattsville, resulting in the issuance of millions of dollars in rehabilitation grants to Prattsville and its residents.  As Town Supervisor, O’Hara entered into various grant agreements, including with the New York State Housing Trust Fund Corporation. 

In pleading guilty, O’Hara admitted that between 2013 and 2015, he obtained false invoices from a Prattsville-based modular home business, Moore’s Homes, purporting to reflect construction work performed on O’Hara’s automotive garage, O’Hara’s Service Station, which Moore’s Homes did not perform.  O’Hara issued checks to Moore’s Homes reflecting payment on the invoices, but Moore’s Homes returned all of the money. 

O’Hara, who was Town Supervisor at the time, then submitted the false invoices and checks to Prattsville and the New York State Housing Trust Fund Corporation to fraudulently obtain $24,915 in grant proceeds under the New York Main Street Program. 

United States Attorney Carla Freedman stated: “The New York Main Street Program was designed to make sure that grant money would be used to rebuild Prattsville in the wake of Hurricane Irene.  As Town Supervisor, O’Hara knew the rules, but chose not to follow them.  Instead, he took grant money fraudulently.  We will continue to hold public officials accountable who, through fraud, put their own interests above those of their constituents.”

New York State Comptroller Thomas P. DiNapoli stated: “Kory O’Hara violated the trust of his community and his duty as Town Supervisor by stealing funds that were meant to help the town recover from Hurricane Irene. Thanks to my partnership with United States Attorney Carla Freedman and federal law enforcement and agencies, O’Hara has now been held accountable for his fraudulent, selfish actions.”

FBI Special Agent in Charge Janeen DiGuiseppi stated: “Hurricane Irene had an absolutely devastating impact on the town of Prattsville, New York. While residents struggled to rebuild their lives, Mr. O’Hara was busy fraudulently obtaining the funds meant to assist them. The FBI, together with our federal, state, and local partners, will continue to aggressively investigate those who exploit the programs designed to alleviate the tremendous loss that follows a natural disaster.”  

HUD OIG Special Agent in Charge Christina Scaringi stated: “Prattsville was overwhelmed by Hurricane Irene’s damaging winds and flooding.  Mr. O’Hara was entrusted to use federal disaster recovery funds to benefit the residents of Prattsville.  Instead, his actions resulted in illicit personal gains and undermined the integrity of American taxpayer-funded relief programs.  The HUD OIG will not tolerate this behavior and will continue to work with our partners in the U.S. Attorney’s Office, the State Comptroller’s Office, FBI, and Homeland Security to ensure bad actors are held accountable for their misdeeds.” 

O’Hara faces up to 20 years in prison; a term of post-imprisonment supervised release of up to 3 years; and a maximum fine of $250,000.  He will also be required to pay $24,915 in restitution to the State of New York. 

O’Hara’s co-defendant, Stephen Baker, age 71, of Prattsville, previously pled guilty to offering a false instrument for filing, a Class A misdemeanor, in Prattsville Town Court, and the federal charges against him were dismissed. 

This case was investigated by the Office of the New York State Comptroller, Division of Investigation; FBI; DHS-OIG; and HUD-OIG, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.

Security News: Justice Department Secures the Surrender of Over 4,000 Beagles from Virginia Breeder of Dogs for Research

Source: United States Department of Justice News

WASHINGTON – In a consent decree entered on July 15 by the U.S. District Court for the Western District of Virginia, Envigo RMS, a company that breeds and sells animals for research, has agreed to a permanent prohibition on engaging in any activity at its facility in Cumberland, Virginia, that requires an Animal Welfare Act (AWA) license. Envigo RMS has also agreed to relinquish all remaining beagles at the Cumberland facility to the Humane Society of the United States (HSUS).

In May, the United States filed suit against Envigo RMS, alleging that the company was failing to provide humane care and treatment to the thousands of beagles at the company’s Cumberland facility. Specifically, the complaint alleged that Envigo RMS was failing to meet the AWA’s minimum standards for handling, housing, feeding, watering, sanitation and adequate veterinary care, among other requirements. Based on past violations identified during inspections by the Department of Agriculture and evidence of extensive, ongoing AWA violations obtained during a multiday criminal search warrant executed at the Cumberland facility beginning on May 18, the Justice Department moved for a temporary restraining order that the federal court granted on May 21 to ensure the health and welfare of the beagles at the Cumberland facility.

The Justice Department worked with the HSUS to develop a plan to transfer the 4,000 remaining beagles from the Cumberland facility and make those beagles available for adoption. The transfer plan, which was jointly submitted by the Justice Department and Envigo RMS, was approved by the District Court on July 5. Under the transfer plan, the HSUS will coordinate the enormous effort to remove all of the beagles from the Cumberland facility over the course of 60 days.

“This settlement brings to an end the needless suffering caused by Envigo’s blatant violations of animal welfare laws at this facility,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We will continue to vigorously enforce animal welfare laws to ensure that animals are provided the humane care that they are legally owed and deserve.”

“Due to the efforts of Environment and Natural Resources Division and the U.S. Attorney’s Office, more than 4,000 animals have been rescued from dire circumstances, and we will continue to hold accountable those who are responsible,” said U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia. “I am grateful to all those who assisted with this case, especially those who are ensuring that these animals receive the care they deserve.” 

This settlement is the result of prosecution by Senior Trial Attorney Mary Hollingsworth and Trial Attorney Shampa Panda of ENRD’s Wildlife and Marine Resources Section, and First Assistant U.S. Attorney Anthony Giorno for the Western District of Virginia.

Security News: Oyster Bay Residents Charged with $27 Million Investment Fraud Scheme and Selling Foreign Nationals Access to Prominent U.S. Politicians

Source: United States Department of Justice News

Defendants Attended 2017 Campaign Fundraiser with Foreign Donors and Took Photographs with Then-President of The United States

A criminal complaint was unsealed today in Brooklyn federal court charging Sherry Xue Li and Lianbo Wang with wire fraud conspiracy, money laundering conspiracy and conspiracy to defraud the United States by obstructing the Federal Election Commission’s (FEC) administration of campaign finance laws.  Li and Wang, both naturalized U.S. citizens, were arrested earlier today in Oyster Bay, New York, and their initial appearance is scheduled for this afternoon before United States Magistrate Judge Ramon E. Reyes, Jr. at the United States Courthouse in Brooklyn, New York.

Breon Peace, United States Attorney for the Eastern District of New York; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office; Ricky J. Patel, Acting Special Agent-in-Charge, Department of Homeland Security, Homeland Security Investigations (HSI), New York; and Thomas Fattorusso, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI) announced the arrests and charges.

“As alleged, the defendants enticed their victims to invest in a fraudulent scheme aided by misleadingly claiming that their fictitious project had the support of prominent politicians,” stated United States Attorney Peace.  “The defendants were able to perpetrate this fraud by then selling access to U.S. politicians by unlawfully contributing foreign money to political campaigns in their own names and bringing foreign nationals as their guests to fundraising events.  This Office is committed to protecting our democratic process from those who would expose it to unlawful foreign influence, and investors from the predatory fraudsters who would steal their money.” 

United States Attorney Peace thanked the U.S. Citizenship and Immigration Services for its assistance in the investigation.

“We allege Li and Wang promised investors green cards, access to political figures, and dividends on their money. Tens of millions of dollars came in from investors and straw donors, who expected their money would bear fruit. However, only one promise came to fruition, the access to political power. Foreign money pollutes our immigration and democratic processes, and we must do all we can to protect them.”

Li and Wang are alleged to have perpetrated a massive, multi-layered fraud scheme targeting foreign nationals ranging from a sham real estate investment, promised benefits for payment, the solicitation for access to U.S. politicians, to making illegal donations for campaigns.  The staggering scope of this alleged fraud was facilitated by an abuse in the investor visa process,” said HSI New York Acting Special Agent in Charge Patel.  “In tandem with our partners, HSI continues to steadfastly monitor U.S. visa and travel systems for indicators of malign foreign actor abuse and will continue to aggressively investigate attacks on the integrity of the framework that allows access to the United States.”

“It’s alleged that Li and Wang defrauded their victim-investors out of millions, then used their ill-gotten gains to live luxuriously and ‘rub elbows’ with prominent politicians.  It is through law enforcement partnerships and collaboration that we were able to break-down this multi-layered fraud scheme and ensure that the alleged culprits now face justice for their criminal behavior,” said Thomas M. Fattorusso, Special Agent in Charge of IRS:CI New York.

The Scheme to Defraud Investors

As alleged in the complaint, Li and Wang orchestrated a nearly decade-long scheme to defraud investors in a fictitious project to develop, build and operate a private educational institution in Sullivan County, New York, called the “Thompson Education Center” (the TEC Project).  The defendants solicited victim-investors, many of them foreign nationals located outside of the United States, by falsely representing the progress they were making on the TEC Project and its support from government officials, including by sending investors and prospective investors promotional materials that included photographs of Li, the TEC Project’s President, with prominent U.S. politicians.  Many foreign national victims were persuaded to invest in the TEC Project by, among other things, the defendants’ false assurances that their $500,000 investments would guarantee them lawful permanent residence in the United States through the EB-5 investment visa program administered by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). 

As alleged, instead Li, Wang and other members of the conspiracy siphoned off the money they fraudulently obtained from investors by transferring the funds through bank accounts held in the names of various companies that Li had created.  Once the funds were in those accounts, Li and Wang used the funds to pay for numerous personal expenses including clothing and accessories, jewelry, housing, vacation travel, upscale dining, and political contributions to prominent politicians.  The portion of the invested capital Li and Wang actually spent on the TEC Project was used merely to create and perpetuate the fiction that the TEC Project was a viable development project that was actually under construction.  For example, Li and Wang hired contractors, engineers and other professionals to create architectural drawings and plans and perform minor work on or around the development site, which Li and Wang showed to potential investors to mislead them into believing the TEC Project had a realistic probability of completion and of delivering the returns on investment that the conspirators promised their investors.

As of July 2022, more than 150 investors have invested at least $27 million in the TEC Project, including approximately $16.5 million from EB-5 investors who were promised a green card in return for their investment, and approximately $11 million from stock investors who were promised that an IPO would take place.  As of March 2022, Li, Wang, and their co-conspirators have misappropriated and laundered at least $2 million in TEC Project investor funds.  During this same period, Li, Wang and their co-conspirators spent at least an additional $2.5 million dollars in investor funds on various personal expenses with no clear business purpose, none of which was reported as income to the Internal Revenue Service by Li or Wang.  To date, no EB-5 investor in the TEC Project has received a temporary or permanent green card and the TEC Project has not made an IPO or been listed on any stock exchange.

Selling Access to U.S. Politicians

In furtherance of their scheme, Li and Wang also acted as “straw donors” for foreign nationals to unlawfully contribute to campaigns supporting U.S. politicians and political committees.  Among other things, Li and Wang promised foreign nationals access to U.S. political events and politicians in exchange for a fee.  Li and Wang used the money they received from foreign nationals to fund political contributions, and falsely identified themselves and other U.S. citizens as the contributors of the funds, in violation of the Federal Election Campaign Act (FECA) and FEC regulations.  In some cases, Li and Wang used TEC investors’ investment funds to make the political contributions which they used to gain access to the political events, where Li and Wang took photographs with elected officials.  Li and Wang would then use the photographs as a marketing tool in soliciting investments from foreign nationals in the TEC Project.   

For example, as alleged in the complaint, Li and Wang charged twelve foreign nationals $93,000 per person for admission to a June 28, 2017 fundraising event (the June 28, 2017 Fundraiser) with the then-President of the United States.  Li and Wang used the funds that they collected from the foreign nationals to unlawfully make $600,000 in political contributions in their own names—$270,500 from Li and $329,500 from Wang—to the joint fundraising committee hosting the June 28, 2017 Fundraiser.  Li, Wang and their foreign national guests attended the June 28, 2017 Fundraiser and took photographs with the then-President of the United States.  Li and Wang later used a photograph of Li and the President taken at the fundraiser to solicit investment in the TEC Project.

* * *

‘The FBI has established a hotline for potential victims.  If you have information regarding the allegations in the complaint or believe you may have been a victim, please call 1-800-CALL-FBI or submit a tip online at tips.fbi.gov.

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

The government’s case is being handled by the Office’s National Security and Cybercrime Section and the Office’s Public Integrity Section.  Assistant United States Attorneys Robert T. Polemeni, Ian C. Richardson, and Joshua Hafetz are in charge of the prosecution with assistance from Paralegal Specialist Magdalena St. Surin.  Assistant United States Attorney Claire S. Kedeshian of the Office’s Asset Recovery Section is responsible for the forfeiture of assets.

The Defendants:

SHERRY XUE LI
Age:  50
Oyster Bay, New York

Lianbo Wang, also known as “Mike Wang”
Age:  45
Oyster Bay, New York

E.D.N.Y. Docket No. 22-MJ-756

Security News: Uber Commits to Changes and Pays Millions to Resolve Justice Department Lawsuit for Overcharging People with Disabilities

Source: United States Department of Justice News

The Department of Justice filed in court today a multi-million-dollar settlement agreement with Uber Technologies Inc. (Uber) to resolve a lawsuit alleging that Uber violated the Americans with Disabilities Act (ADA). Under the agreement, Uber will offer several million dollars in compensation to more than 65,000 Uber users who were charged discriminatory fees due to disability. 

In November 2021, the department filed a lawsuit alleging that Uber violated Title III of the ADA, which prohibits discrimination by private transportation companies like Uber. According to the complaint, in April 2016, Uber began charging passengers wait time fees in a number of cities, eventually expanding the policy nationwide. The wait time fees started two minutes after the Uber car arrived at the pickup location and were charged until the car began its trip. The department’s complaint alleged that Uber violated the ADA by failing to reasonably modify its wait time fee policy for passengers who, because of disability, needed more than two minutes to get in an Uber car. Passengers with disabilities may need additional time to enter a car for various reasons. A passenger may, for example, use a wheelchair or walker that needs to be broken down and stored in the car. Or a passenger who is blind may need additional time to safely walk from the pickup location to the car itself. The department’s lawsuit alleged that, even when Uber was aware that passengers’ need for additional time was clearly disability-based, Uber started charging a wait time fee at the two-minute mark.  

Under the two-year agreement, Uber has committed to waive wait time fees for all Uber riders who certify that they (or someone they frequently travel with) need more time to get in an Uber car because of a disability. Uber also will ensure that refunds are easily available for anyone who does not have a waiver and is charged a wait time fee because of disability. Uber will advertise the wait time fee waiver program and train its customer service representatives on the waiver program and refund process to ensure that people with disabilities are not charged illegal fees. 

Additionally, Uber will credit the accounts of more than 65,000 eligible riders who signed up for the waiver program for double the amount of wait time fees they were ever charged, which could amount to potentially hundreds of thousands or millions of dollars in compensation. Uber will also pay $1,738,500 to more than one thousand riders who complained to Uber about being charged wait time fees because of disability, and $500,000 to other harmed individuals identified by the department.

“People with disabilities should not be made to feel like second-class citizens or punished because of their disability, which is exactly what Uber’s wait time fee policy did,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement sends a strong message that Uber and other ridesharing companies will be held accountable if their services discriminate against people with disabilities. The Civil Rights Division remains committed to enforcing the ADA and ensuring that people with disabilities can travel free from barriers and indignities.”

“Ensuring equal access to transportation for those with disabilities is an important goal of the ADA,” said U.S. Attorney Stephanie M. Hinds for the Northern District of California. “People with disabilities must have access to ridesharing services provided by Uber and similar companies without enduring discriminatory wait time fees. This agreement removes that barrier to equal access for passengers with disabilities and provides a mechanism to compensate those harmed by Uber’s past wait time fee policy.”

This matter was handled jointly by Assistant U.S. Attorney David DeVito for the Northern District of California and the Civil Rights Division’s Disability Rights Section. A copy of the settlement agreement is attached.

For more information on the Civil Rights Division, please visit http://www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint.

Security News: Justice Department Secures the Surrender of Over 4,000 Beagles from Virginia Breeder of Dogs for Research

Source: United States Department of Justice

In a consent decree entered on July 15 by the U.S. District Court for the Western District of Virginia, Envigo RMS, a company that breeds and sells animals for research, has agreed to a permanent prohibition on engaging in any activity at its facility in Cumberland, Virginia, that requires an Animal Welfare Act (AWA) license. Envigo RMS has also agreed to relinquish all remaining beagles at the Cumberland facility to the Humane Society of the United States (HSUS).

In May, the United States filed suit against Envigo RMS, alleging that the company was failing to provide humane care and treatment to the thousands of beagles at the company’s Cumberland facility. Specifically, the complaint alleged that Envigo RMS was failing to meet the AWA’s minimum standards for handling, housing, feeding, watering, sanitation and adequate veterinary care, among other requirements. Based on past violations identified during inspections by the Department of Agriculture and evidence of extensive, ongoing AWA violations obtained during a multiday criminal search warrant executed at the Cumberland facility beginning on May 18, the Justice Department moved for a temporary restraining order that the federal court granted on May 21 to ensure the health and welfare of the beagles at the Cumberland facility.

The Justice Department worked with the HSUS to develop a plan to transfer the 4,000 remaining beagles from the Cumberland facility and make those beagles available for adoption. The transfer plan, which was jointly submitted by the Justice Department and Envigo RMS, was approved by the District Court on July 5. Under the transfer plan, the HSUS will coordinate the enormous effort to remove all of the beagles from the Cumberland facility over the course of 60 days.

“This settlement brings to an end the needless suffering caused by Envigo’s blatant violations of animal welfare laws at this facility,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We will continue to vigorously enforce animal welfare laws to ensure that animals are provided the humane care that they are legally owed and deserve.”

“Due to the efforts of Environment and Natural Resources Division and the U.S. Attorney’s Office, more than 4,000 animals have been rescued from dire circumstances, and we will continue to hold accountable those who are responsible,” said U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia. “I am grateful to all those who assisted with this case, especially those who are ensuring that these animals receive the care they deserve.” 

This settlement is the result of prosecution by Senior Trial Attorney Mary Hollingsworth and Trial Attorney Shampa Panda of ENRD’s Wildlife and Marine Resources Section, and First Assistant U.S. Attorney Anthony Giorno for the Western District of Virginia.