Former Chief Financial Officer Of Two SPACs Pleads Guilty To Fraud Scheme

Source: United States Department of Justice News

Cooper Morgenthau Embezzled More Than $5 Million and Caused False Statements to Be Made to Accountant and Auditor and in SEC Filings

Damian Williams, the United States Attorney for the Southern District of New York, announced today that COOPER MORGENTHAU, the former chief financial officer of two special purpose acquisition companies (“SPAC-1” and “SPAC-2”), pled guilty to one count of wire fraud in connection with a scheme to embezzle more than $5 million from the two companies.  The defendant pled guilty before U.S. District Judge Paul A. Engelmayer.

U.S. Attorney Damian Williams said: “Cooper Morgenthau, the former CFO of two SPACs, has admitted that he breached the trust that he owed to his public and private investors, stealing millions of dollars from them to trade meme stocks and cryptocurrencies.  This Office remains committed to rooting out fraud in the SPAC market and to protecting Main Street investors from abuses on Wall Street.”

According to the allegations in the Information and statements made in public court proceedings:

Between in or about June 2021 and in or about August 2022, MORGENTHAU, who was the CFO of SPAC-1 and SPAC-2, embezzled more than $5 million from the two companies.   SPAC-1 had recently had its initial public offering, while SPAC-2 was raising money from private investors in preparation for its anticipated IPO.  MORGENTHAU used the embezzled funds to trade equities and options of so-called “meme stocks” and cryptocurrencies, losing almost all of the money that he stole.  To conceal and facilitate his embezzlement from SPAC-1, MORGENTHAU fabricated bank statements, which he provided to SPAC-1’s accountant and auditor; made and caused to be made material misstatements in SPAC-1’s public filings with the Securities and Exchange Commission (“SEC”); and transferred some of SPAC-2’s funds to SPAC-1 to cover up the funds he had misappropriated from SPAC-1. 

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MORGENTHAU, 35, of Fernandina Beach, Florida, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison.  As part of his guilty plea, MORGENTHAU agreed to forfeit $5,111,335 and to pay restitution of $5,111,335. 

The statutory maximum sentence is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  MORGENTHAU is scheduled to be sentenced by Judge Engelmayer on April 25, 2023. 

Mr. Williams praised the outstanding work of the Federal Bureau of Investigation.  Mr. Williams further thanked the SEC for its assistance and cooperation in this investigation. 

This case is being handled by the Office’s Securities and Commodities Fraud Task Force and Money Laundering and Transnational Criminal Enterprises Unit.  Assistant U.S. Attorneys Joshua A. Naftalis and Anden Chow are in charge of the prosecution. 

Former GE Power Engineer Sentenced for Conspiracy to Commit Economic Espionage

Source: United States Department of Justice News

A New York man was sentenced today to 24 months in prison for conspiring to steal General Electric (GE) trade secrets, knowing or intending to benefit the People’s Republic of China (PRC).

Xiaoqing Zheng, 59, of Niskayuna, New York, was convicted of conspiracy to commit economic espionage, following a four-week jury trial that ended on March 31, 2022. According to court documents, Zheng was employed at GE Power in Schenectady, New York, as an engineer specializing in turbine sealing technology. He worked at GE from 2008 until the summer of 2018. The trial evidence demonstrated that Zheng and others in China conspired to steal GE’s trade secrets surrounding GE’s ground-based and aviation-based turbine technologies, knowing or intending to benefit the PRC and one or more foreign instrumentalities, including China-based companies and universities that research, develop, and manufacture parts for turbines.

“This is a case of textbook economic espionage. Zheng exploited his position of trust, betrayed his employer and conspired with the government of China to steal innovative American technology,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will hold accountable those who threaten our national security by conniving to steal valuable trade secrets on behalf of a foreign power.” 

“Zheng sought to enrich himself, and benefit the People’s Republic of China, by stealing trade secrets developed and owned by his longtime employer, General Electric,” said U.S. Attorney Carla B. Freedman for the Northern District of New York. “We will continue to work with the FBI to hold criminals accountable when they seek to illegally exploit American ingenuity.”

“American ingenuity is an integral part of the United States economic security – it is what has guided the U.S. to become the global leader, even as China seeks to topple our status,” said Assistant Director Alan E. Kohler Jr. of the FBI Counterintelligence Division. “Xiaoqing Zheng was a Thousand Talents Program member and willingly stole proprietary technology and sent it back to the PRC. Let today’s sentencing serve as a reminder that the FBI remains dedicated in our pursuit of those who collaborate with the People’s Republic of China (PRC) and steal American trade secrets.”

U.S. District Judge Mae A. D’Agostino also sentenced Zheng to pay a $7,500 fine and serve one year of post-imprisonment supervised release.

This case was investigated by the FBI, with assistance from the Buffalo Field Office of Homeland Security Investigations (HSI).

The case was prosecuted by Assistant U.S. Attorney Rick Belliss and former Assistant U.S. Attorney Emily Powers for the Northern District of New York, and Trial Attorney Matthew Chang of the National Security Division’s Counterintelligence and Export Control Section.

Registered Sex Offender Sentenced to 45 Years in Federal Prison for the Sexual Exploitation of Two Minor Girls to Produce Child Pornography

Source: United States Department of Justice News

Baltimore, Maryland – Chief U.S. District Judge James K. Bredar today sentenced Dennis James Harrison, age 40, of Rocky Ridge, Maryland, to 45 years in federal prison, followed by lifetime supervised release, for the sexual exploitation of children to produce child pornography, related to the sexual exploitation of two minors who were between the ages of 10 and 12 at the time of the abuse.  Chief Judge Bredar also ordered that, upon his release from prison, defendant Harrison must continue to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”). 

Harrison also had a conviction from August 12, 2009, in the Court of Common Pleas of Adams County, Pennsylvania, for possession of child pornography and was a registered sex offender at the time of his arrest in this federal case.

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore; Frederick County Sheriff Charles A. “Chuck” Jenkins; and Frederick County State’s Attorney J. Charles Smith III.

According to his guilty plea, between 2018 and 2021, Harrison sexually exploited two minor girls beginning when the one victim was twelve years old and when the other victim was 10 to 11 years old, to produce child pornography.  Specifically, from at least September 2020 through August 2021, Harrison engaged in sexual activity with Jane Doe 1, a 12-year-old girl who resided in Pennsylvania.  Harrison picked-up Jane Doe 1 from her residence and drove her to various locations in Maryland, including Harrison’s residence, where he engaged in illegal sexual activity with Jane Doe 1.  The defendant produced images and videos of his sexual abuse of Jane Doe 1 and enticed Jane Doe 1 to send him sexually explicit photographs of herself.

As detailed in his plea agreement, Harrison also used a hidden camera and a mobile phone in 2018 to produce a series of images depicting Jane Doe 2, a 10-to-11-year-old girl, nude and partially nude in a bedroom and bathroom in Pennsylvania and in a bathroom in Maryland.  The images were taken without the knowledge of Jane Doe 2. 

On August 12, 2021, investigators executed a search warrant at Harrison’s residence and recovered a cellphone used by Harrison to film his sexual abuse of Jane Doe 1, as well as several digital devices.  A forensic examination of all the devices located files depicting the sexual abuse of children on each one, including depictions of infants and toddlers.  In total, over 14,000 files of child pornography were found on Harrison’s devices. 

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 HSI, the Frederick County Sheriff’s Office, and the Frederick County State’s Attorney’s Office their work in the investigation and prosecution.  Mr. Barron thanked Assistant U.S. Attorney Paul E. Budlow and Special Assistant U.S. Attorney Joyce King, who prosecuted the 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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Two charged with attacks on four Pierce County power substations

Source: United States Department of Justice News

Attacks over the Christmas holiday caused $3 million in damage and cut power to thousands

Tacoma – Two Puyallup, Washington, men will appear in U.S. District Court in Tacoma today charged with conspiracy to damage energy facilities and possession of an unregistered firearm, announced U.S. Attorney Nick Brown.  Matthew Greenwood, 32, and Jeremy Crahan, 40, were arrested Saturday, December 31, 2022, following a fast-moving investigation by the FBI.  Prosecutors will ask that both men remain detained at the Federal Detention Center at SeaTac pending future hearings.

“I commend the work by the FBI to quickly identify these suspects and disrupt any future attacks on the east Pierce County power grid,” said U.S. Attorney Nick Brown. “We have seen attacks such as these increase in Western Washington and throughout the country and must treat each incident seriously.  The outages on Christmas left thousands in the dark and cold and put some who need power for medical devices at extreme risk.”

“I am so thankful for how quickly and diligently our investigators and partners worked to bring this to a resolution,” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field office. “This case took many of them away from their families during the holidays but through their efforts, we have two men in custody we believe to be responsible for all four power station attacks. This demonstrates the commitment by all levels of law enforcement to protect our infrastructure and hold those accountable who put our community in danger.”

According to the criminal complaint filed with the court late Saturday, December 31, 2022, and unsealed today, the two men were identified as possible suspects through the analysis of cell phone records.  At one of the substations, Tacoma Power captured images of one suspect and the image of a pick-up truck that appeared to be connected with the attack.  A similar pick-up truck was connected to the defendants.  When law enforcement served a search warrant on the home of the suspects, they recovered distinctive clothing pictured in the surveillance photos.  Agents also seized two short-barreled firearms that had not been registered as required by law.  One of the firearms was equipped with a make-shift silencer. 

The four substations that were targeted were the Graham and Elk Plain substations operated by Tacoma Power and the Kapowsin and Hemlock substations operated by Puget Sound Energy.  The damage to the Tacoma Power substations alone is estimated to be at least $3 million.

Conspiracy to attack energy facilities is punishable by up to 20 years in prison.  Possession of an unregistered firearm is punishable by up to ten years in prison.

The charges contained in the criminal complaint are only allegations.  A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.

The FBI is investigating the case with assistance from the Pierce County Sheriff’s Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Tacoma Police Department, the Washington State Department of Corrections and the Federal Protective Service.

Assistant United States Attorneys Will Dreher, Stephen Hobbs, and Todd Greenberg all worked around the clock over the last week to obtain search warrants and arrest warrants to assist the FBI investigation.

greenwood_and_crahan_complaint.pdf

Frank James Pleads Guilty to Mass Shooting on New York Subway

Source: United States Department of Justice News

Frank James, 63, of Milwaukee, Wisconsin, pleaded guilty today to 10 counts of committing a terrorist attack or other violence against a mass transportation vehicle – one count for each gunshot victim – and one count of discharging a firearm in furtherance of his attack. The charges relate to the defendant’s April 12, 2022, mass shooting on the New York City subway in Sunset Park, Brooklyn.

According to court documents, during rush hour on the morning of April 12, 2022, James used a Glock 17 pistol he legally purchased in Ohio to conduct a mass shooting on an N subway train in Brooklyn, New York. As part of his attack, James – disguised in an orange reflective jacket and yellow hard hat to look like a Metropolitan Transportation Authority (MTA) employee – set off a smoke-emitting device in a subway car before opening fire on his captive victims. The smoke-emitting device caused panicked passengers to scramble to one end of the subway car, allowing James to more easily shoot at his victims. In total, 10 victims were struck by the defendant’s bullets. Even more passengers suffered from smoke inhalation and other mental and physical injuries due to the defendant’s attack.

“As described in court filings, the defendant set off a smoke bomb in a New York City subway car and then fired a handgun more than 30 times, striking ten innocent passengers,” said Attorney General Merrick B. Garland. “Today’s guilty plea demonstrates that the Justice Department will work relentlessly to hold accountable those who engage in mass violence and terrorize our communities.”

“On the morning of April 12, 2022, Frank James cold-bloodedly shot innocent New Yorkers traveling on the subway in Brooklyn and brought terror to our great city. James’s crimes of violence have been met with swift justice,” said U.S. Attorney Breon Peace for the Eastern District of New York. “James’s admission of guilt to all eleven counts of the superseding indictment acknowledges the terror and pain he caused. This guilty plea is an important step towards holding James fully accountable and helping the victims of the defendant’s violence and our great city heal.”

“Frank James, as he admitted today, deliberately planned and carried out an attack of terror on everyday New Yorkers. The FBI’s JTTF and our law enforcement partners remain ever vigilant in our efforts to protect our city, and we will ensure those willing to commit acts of terror face the consequences of their actions,” said Assistant Director in Charge Michael J. Driscoll of the FBI New York Field Office.

The investigation reflects that the attack was the culmination of substantial planning. Beginning as early as 2017, James began purchasing items he could use in an attack, including smoke grenades, ammunition, weapons, and his disguise. In the months leading up to his attack, James conducted web searches for “MTA,” “New York,” “transit,” “stops on the N train,” and “311 kings highway brooklyn ny,” which is near where James parked his rented U-Haul van before entering the subway. The defendant also recorded and posted videos online foreshadowing his plans, including stating that “if you hear the name Frank James on the news, if something happens to a Frank James that’s sixty-something years old, chances are that’s me.”

Following James’s attack, law enforcement officers searched James’s apartment and storage unit and uncovered a stockpile of weapons, including, among other items, 9mm ammunition; a threaded 9mm pistol barrel, which allows for a silencer or suppresser to be attached; .223 caliber ammunition, which is used with an AR-15 semi-automatic rifle; a taser; a high-capacity rifle magazine; and a blue smoke cannister.

James faces up to life in prison on each of the 11 counts. A sentencing date has not yet been set.

The FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD are investigating the case. MTA provided valuable assistance.

Assistant U.S. Attorneys Ian C. Richardson, Sara K. Winik, and Ellen H. Sise for the Eastern District of New York are prosecuting the case, with valuable assistance provided by Paralegal Specialist Magdalena St. Surin and Trial Attorney David Cora of the National Security Division’s Counterterrorism Section.