Month: November 2022

Source: United States Department of Justice 2

The Department of Justice announced today that PowerSecure, Inc. (PowerSecure), located in Durham, North Carolina, has agreed to pay $8.4 million to resolve allegations that it violated the False Claims Act arising from its failure to provide certified cost or pricing data when negotiating rates with the U.S. Army Corps of Engineers (USACE) in connection with a sole source contract for the repair and restoration of Puerto Rico’s power grid following the damage caused by Hurricane Maria in September 2017.

The Truth in Negotiations Act (TINA) was enacted in 1962 to help level the playing field in sole source contracts – where there is no price competition – by making sure that government negotiators have access to the cost or pricing data that the offeror used when developing its proposal. Here, the United States alleged that PowerSecure violated the False Claims Act by knowingly failing to disclose cost or pricing data, as required by the TINA, regarding the rates that PowerSecure had used for “basecamp services” on a recent restoration project in Florida and Georgia following Hurricane Irma. The United States further alleged that PowerSecure failed to disclose cost or pricing data relating to labor and equipment costs in violation of TINA. The settlement resolves allegations that PowerSecure’s failures to disclose this information caused USACE to agree to inflated rates for labor, equipment and basecamp services. 

“Where government contractors seek the award of a sole source contract, they have an obligation to be fully transparent with the government regarding the basis for their proposed pricing,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the department’s commitment to holding accountable those who knowingly violate this important safeguard against the misuse of taxpayer funds.”

“With the recent passage and destruction of Hurricane Fiona serving as a backdrop, this settlement demonstrates our resolve to ensure that individuals and companies fully comply will all laws and regulations relating to the provision of disaster relief,” said U.S. Attorney Stephen Muldrow for the District of Puerto Rico. “This settlement also underscores the Justice Department’s use of all enforcement remedies at its disposal, including not only criminal and administrative penalties, but also civil enforcement actions as reflected by the settlement in this case.”

“This settlement is an example of the need for transparency and accountability in proposed pricing when negotiating sole source contracts,” said Acting Inspector General Sean O’Donnell for the Department of Defense. “Our auditors and investigators are committed to protecting the integrity of the procurement process through cooperation with our partners at the Department of Justice.”

“I appreciate the continued partnership with our law enforcement partners and the Justice Department’s Civil Division,” said Inspector General Joseph V. Cuffari for the U.S. Department of Homeland Security. “DHS OIG is committed to robust oversight of the federal acquisition process, and this settlement sends a strong message to individuals intent on procurement fraud.”

“DCAA appreciates the opportunity to support the Justice Department and our law enforcement partners by providing expert financial assistance regarding enforcement of the Truth in Negotiations Act,” said Defense Contract Audit Agency Investigative Support Division Chief Michael Mandolfo. “This interagency cooperation provides a strong safeguard for the warfighter and taxpayer.”

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Puerto Rico, with assistance from the Defense Criminal Investigative Service, the Department of Homeland Security Office of Inspector General, and the Defense Contract Audit Agency.

The matter was handled by Trial Attorney Jason M. Crawford of the Civil Division and Assistant U.S. Attorney David O. Martorani-Dale for the District of Puerto Rico.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

Source: United States Department of Justice News

Louisville, KY – A federal grand jury in Louisville returned an indictment in October charging a New York man with conspiracy to commit mail fraud for his role in a “grandparent scam” that impacted senior victims around the country, including a Meade County individual who lost tens of thousands of dollars to the scam. “Grandparent scams,” also known as “person-in-need scams,” involve perpetrators making false claims to victims that their loved one is in jeopardy and in need of money that the perpetrator will use to assist the loved one.      

U.S. Attorney Michael A. Bennett of the Western District of Kentucky and U.S. Postal Inspector in Charge Lesley Allison of the Pittsburg Division made the announcement.

According to court documents, Juan Carlos Arcena Cabrera, 28, of Yonkers, New York, conspired with others to trick seniors into sending cash payments under the false pretense that a grandchild or loved one had been in a car accident or was facing legal trouble. Scam callers would reach out to victims repeatedly, claiming more money was needed to cover additional emergency expenses. As part of this conspiracy, Cabrera posed as the grandson of a Kentucky victim and attempted to pick up a parcel full of cash that the victim had shipped from Kentucky to a FedEx store in New York.

Cabrera was arraigned yesterday in U.S. District Court. If convicted, he faces a maximum sentence of 20 years in prison. There is no parole in the federal system. A federal district court judge will determine any sentence after considering the United States Sentencing Guidelines and other statutory factors.

The United States Postal Inspection Service is investigating the case with assistance from the Internal Revenue Service Criminal Investigation, the Department of Homeland Security Investigations, the United States Secret Service, and the New York Police Department.

Assistant U.S. Attorney Corinne E. Keel is prosecuting the case.

This case was investigated and prosecuted as part of the National Elder Justice Task Force and the Kentucky Elder Justice Task Force. The Department of Justice’s mission of its Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s older adults. In response to the growing need and targeting areas of greatest concern, the Department of Justice initially stood up 10 task forces made up of 11 federal districts to combat a variety of elder abuse, including elder financial exploitation. Kentucky’s federal districts make up two of the 11 districts under the Initiative. Kentucky’s task force is comprised of investigators, prosecutors, and others at the local, state, and federal level with a common objective of protecting seniors across Kentucky.

In October, the Department announced that as part of its continuing efforts to protect older adults and bring perpetrators of fraud schemes to justice it is expanding the Transnational Elder Fraud Strike Force, adding 14 new U.S. Attorney’s Offices. Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat largest and most harmful fraud schemes that target or disproportionately impact older adults.  

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

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Source: United States Department of Justice News

TERRE HAUTE – Steven Francis, 56, of Indianapolis, was sentenced to 15 years in federal prison after pleading guilty to possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, illegal possession of a firearm by a previously convicted felon and laundering of monetary instruments.

According to court documents, in or around July 2020, the Vigo County (Indiana) Drug Task Force began investigating Francis for methamphetamine distribution. On January 19, 2021, Francis attempted to mail a parcel containing approximately $20,000 in U.S. currency to California. The cash came from Francis’ methamphetamine sales.

On February 17, 2021, investigators executed a search warrant at two addresses associated with Francis. Prior to doing so, officers stopped Francis as they saw him approaching one of the two properties. Francis had approximately $26,900 cash in his pocket. The money was drug proceeds. During the subsequent search of the building, investigators found approximately 295 grams of methamphetamine, a digital scale, a loaded semi-automatic firearm, and a safe containing approximately $27,960.

Investigators also searched Francis’ residence. Under the bed in Francis’s room, officers found five handguns, two AR-style rifles, and a loaded 100-round drum magazine. Elsewhere in the residence, investigators recovered approximately $86,060 in U.S. currency.

Francis admitted to selling pound-quantities of methamphetamine and storing the drug at the two properties.

Francis was convicted in state court in 2003 for possession of cocaine and possession of methamphetamine in two separate cases. Francis is prohibited from possessing firearms by federal law due to these felony convictions.

Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Michael Gannon, Assistant Special Agent in Charge of the DEA’s Indianapolis Field Office, made the announcement.

DEA investigated the case in conjunction with the Vigo County Drug Task Force. The sentence was imposed by U.S. District Judge Jane Magnus-Stinson. As part of the sentence, Judge Stinson ordered that Francis be supervised by the U.S. Probation Office for four years following his release from federal prison. Judge Magnus-Stinson also ordered that the 8 seized firearms, ammunition, and $160,920 in seized cash all be forfeited as proceeds and instruments of the defendant’s crimes.

U.S. Attorney Myers thanked Assistant U.S. Attorney Lindsay E. Karwoski who prosecuted this case.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Source: United States Department of Justice News

McALLEN, Texas – A 26-year-old man residing in Hidalgo is set to appear in federal court on charges of coercion of a minor and production of child pornography, announced U.S. Attorney Jennifer B. Lowery.

Rogelio Pruneda III is set to appear before U.S. Magistrate Judge Juan F. Alanis at 2 p.m.

Originally charged by criminal complaint, a federal grand jury returned the two-count indictment Nov. 15.  

According to the charges, Pruneda began communicating via social media with a minor female, offering money and THC vape cartridges in exchange for sexual acts. Pruneda allegedly convinced the minor female to meet locally, at which time Pruneda created two videos of the minor female performing oral sex on him.

The charges allege Pruneda exchanged messages recognizing the minor female’s age and discussed sexual activity with the minor female. Pruneda allegedly met up with the female on two more occasions at a family-owned auto shop and a residence where he engaged in sexual intercourse with the minor. In one instance Pruneda brought THC cartridges in exchange for sex, according to the charges.

Shortly thereafter, law enforcement took Pruneda into custody.

At the time of his detention hearing, the court found him to be a danger to community and ordered held in custody pending future criminal proceedings.

The FBI conducted the investigation.

Assistant U.S. Attorney Peter I. Brostowin is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

Source: United States Department of Justice News

An indictment was unsealed today charging Ray Hunt, 69, of Madison County, Alabama, with federal offenses related to an illegal scheme to export U.S.-origin goods to Iran.

The 15-count indictment charges the defendant with conspiracy to defraud the United States, sanctions violations, smuggling goods from the United States and submitting false or misleading export information. 

According to the indictment, since at least November 2017, the defendant conspired to export U.S.-origin parts used in the oil and gas industry, including control valves and oil tubing, through his Alabama-based company, Vega Tools LLC, to customers in Iran. The defendant transshipped the goods to Iran through Turkey and the UAE to evade U.S. sanctions.  

Hunt was arrested and made his initial court appearance earlier today. If convicted, Hunt faces a maximum penalty of up to 20 years in prison and up to a $1 million fine for violating U.S. trade sanctions against Iran. In addition, he faces up to five years for the conspiracy charge, 10 years for the smuggling offense and up to five years for the false information offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Prim F. Escalona for the Northern District of Alabama and Special Agent in Charge Jonathan Carson of the U.S. Department of Commerce’s Bureau of Industry and Security, Office of Export Enforcement (OEE) Miami Office made the announcement.

The U.S. Department of Commerce’s Bureau of Industry and Security investigated the case in coordination with the FBI.

Assistant U.S. Attorneys Henry Cornelius and Jonathan “Jack” Harrington for the Northern District of Alabama and Trial Attorneys Emma Dinan Ellenrieder and Adam P. Barry of the National Security Division’s Counterintelligence and Export Control Section are 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.