Real Estate Executive Sentenced for Conspiracy to Falsify Financial Statements

Source: United States Department of Justice Criminal Division

A California real estate executive was sentenced today to one year and one day in prison, followed by two years of supervised release, and ordered to pay a fine of $200,000 for engaging in an extensive multi-year conspiracy to falsify financial statements.

According to court documents and evidence presented at sentencing, Tyler Ross, 38, of San Francisco, and formerly of Michigan, served as co-chief executive officer of ROCO Real Estate LLC and ROCO Management LLC, both of which were based in Bloomfield Hills, Michigan. The ROCO companies operated as a commercial real estate investment firm engaged in the business of purchasing, managing, and selling multi-family residential properties, such as apartment complexes, located in Michigan and elsewhere.

Between 2015 and 2019, Ross and his co-conspirators caused false financial documents, including historical operating statements that deleted or reduced actual expenses, to be submitted to mortgage lending businesses for underperforming ROCO properties, making the properties appear to be more profitable than they were in order to obtain refinancing or to avoid the exercise of certain contractual provisions by the lenders to protect themselves. Ross, who was a licensed attorney, acknowledged that he personally falsified historical operating statements during the conspiracy and directed other members of the conspiracy to assist with the creation and submission of falsified financial statements to mortgage lending businesses.

The court also found that Ross falsified financial documents in connection with the 2019 sale of 43 ROCO properties to a privately held real estate investment company. Ross supplied the false financial information to the buyer of the properties and ultimately to the financial institution that issued a $481 million loan for the transaction. Ross himself received over $2 million in proceeds from the 2019 sale.

Ross pleaded guilty in September 2023 to one count of conspiring to commit an offense against the United States.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Dawn N. Ison for the Eastern District of Michigan; Special Agent in Charge Korey Brinkman of the U.S. Federal Housing Finance Agency Office of Inspector General (FHFA OIG) Central Region; Special Agent in Charge Shawn Rice of the U.S. Department of Housing and Urban Development Office of Inspector General (HUD OIG); and Acting Assistant Director James C. Barnacle Jr. of the FBI’s Criminal Investigative Division made the announcement.

The FHFA OIG, HUD OIG, and FBI investigated the case.

Trial Attorneys Andrew Tyler and Philip Trout of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew J. Yahkind for the Eastern District of Michigan prosecuted the case.

Anyone with information concerning similar fraud can report it by contacting the FHFA OIG Hotline at 800-793-7724 or via the web at www.fhfaoig.gov/ReportFraud#hotlineform.

Ohio Man Pleads Guilty to Creating and Distributing Videos Depicting Monkey Torture and Mutilation

Source: United States Department of Justice Criminal Division

A plea agreement was unsealed today in which an Ohio man pleaded guilty to creating and distributing videos depicting acts of extreme violence and sexual abuse against monkeys.

Ronald P. Bedra, of Etna, pleaded guilty to conspiring to create and distribute so-called “animal crush” videos. According to court documents, Bedra conspired with others to create and distribute the videos which depicted acts of sadistic violence against baby and adult monkeys, including having digits and limbs severed and being forcibly sodomized with a heated screwdriver.

The conspirators used encrypted chat apps to direct money to individuals in Indonesia willing to commit the requested acts of torture on camera. Bedra also mailed a thumb drive containing 64 videos of monkey torture to a co-conspirator in Wisconsin.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Kenneth L. Parker for the Southern District of Ohio made the announcement.

The U.S. Fish and Wildlife Service and FBI investigated the case.

Trial Attorney Mark Romley and Senior Trial Attorney Adam Cullman of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Nicole Pakiz for the Southern District of Ohio are prosecuting the case.

Dentist Sentenced for Unlawfully Distributing Opioids That Caused Patient’s Death

Source: United States Department of Justice Criminal Division

A Kentucky dentist was sentenced today to 20 years in prison for his unlawful prescribing of opioids, including morphine that caused the death of one of his patients.

According to court documents and evidence presented at trial, Dr. Jay M. Sadrinia, 61, of Villa Hills, owned and operated dental clinics in Crescent Springs, Kentucky. Sadrinia prescribed powerful opioids to his patients for routine dental procedures despite clear signs, including notes within Sadrinia’s own patient charts, that these patients suffered from substance abuse disorder. Sadrinia’s unlawful prescribing of morphine to one patient led to her death. Sadrinia charged the patient $37,000 for dental procedures and prescribed the patient medically unnecessary quantities of narcotics, including morphine. Several days later, the patient fatally overdosed on the morphine.

A federal jury convicted Sadrinia in June 2023 of unlawful distribution of controlled substances and unlawful distribution of controlled substances resulting in death.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky; Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration (DEA) Detroit Field Division; and Special Agent in Charge Michael Stansbury of the FBI Louisville Field Office made the announcement. 

The DEA and FBI investigated the case.

Assistant Chief Katherine Payerle and Trial Attorney Thomas Campbell of the Criminal Division’s Fraud Section prosecuted the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Department of Health and Human Services Office of Inspector General, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

U.S. Law Enforcement Takes Action Against More Than 3,000 Money Mules in Initiative to Disrupt Transnational Fraud Schemes

Source: United States Department of Justice Criminal Division

The Justice Department, FBI, U.S. Postal Inspection Service (USPIS), and other federal law enforcement agencies announced today the completion of the Money Mule Initiative, an annual campaign to identify, disrupt, and criminally prosecute networks of individuals who transmit funds from fraud victims to international fraudsters. Fraudsters rely on money mules to facilitate a range of fraud schemes, including those that predominantly impact older Americans, such as lottery fraud, romance scams and grandparent scams as well as those that target businesses or government pandemic funds.

As part of this year’s initiative, law enforcement took action to stop over 3,000 money mules responsible for facilitating a range of fraud schemes. These thousands of actions ranged from criminal prosecutions designed to punish those intentionally assisting fraudsters to warning letters intended to advise those who may have been unknowingly recruited by fraudsters. Agencies are also conducting outreach to educate the public about how fraudsters use money mules and how to avoid unknowingly assisting fraud by receiving and transferring money.

“The Justice Department is committed to using every tool at our disposal to protect Americans from fraud,” said Acting Associate Attorney General Benjamin C. Mizer. “By working with our federal partners to disrupt money mule networks, educate consumers about scams, and prosecute criminals, we can keep money out of the hands of international fraudsters and in the pockets of hard-working Americans.”

“The FBI and its partners will relentlessly pursue individuals looking to illegally move funds for illicit purposes,” said Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division. “Our work of protecting the American people includes prosecuting individuals and networks who knowingly facilitate fraud schemes, while educating consumers and unwitting participants on the dangers of illicit money mule networks.”

“The dismantling of these criminal networks should send a strong message that the U.S. Postal Inspection Service, along with our partners, is committed to taking down these criminal networks designed to inflict financial harm, oftentimes to our most vulnerable population, older Americans,” said Inspector in Charge Eric Shen of USPIS. “The Inspection Service will continue to participate in public education efforts, while remaining committed to enforcing the laws that bring money mules and their international puppeteers to justice.”

This year’s effort was coordinated by the Justice Department’s Consumer Protection Branch, FBI, and USPIS. Other participating agencies were the Department of Labor Office of Inspector General, Federal Deposit Insurance Corporation Office of Inspector General, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), and IRS Criminal Investigation (IRS-CI).

Participating agencies served approximately 2,970 letters warning individuals that their actions were facilitating fraud schemes. Many money mules begin as victims of romance or lottery scams and are unknowingly lured by fraudsters into transmitting fraud proceeds based on lies. Other money mules are recruited into what they initially believe to be legitimate work-at-home jobs. In order to educate and deter these types of unknowing money mules, the letters served by law enforcement warned individuals that their activities are facilitating fraud and outlined the potential consequences of continuing to transmit illegally acquired funds.

Additionally, more than 20 individuals were criminally charged for knowingly receiving and forwarding victim funds or otherwise laundering fraud proceeds. These cases included:

  • The Consumer Protection Branch and the U.S. Attorney’s Office for the District of New Jersey charged five defendants for allegedly acting as couriers who went to the homes of elderly victims of a grandparent scam to pick up cash, often using false names and providing victims with fake receipts. The couriers then brought the cash to other members of the conspiracy, who sent the victims’ money to the Dominican Republic.
  • The U.S. Attorney’s Office for the Western District of North Carolina charged two men for allegedly laundering over $4.5 million in proceeds of business email compromise schemes and online romance scams targeting elderly victims. The defendants opened bank accounts to receive wires and other transfers of funds from fraud victims. The defendants then withdrew and transferred the fraud proceeds, including transfers into overseas accounts, and kept a portion of the proceeds for themselves.
  • The U.S. Attorney’s Office for the Eastern District of Missouri charged three men for their roles in allegedly collecting and transmitting funds from victims of a nationwide tech support fraud scam targeting the elderly. According to charges, one of the defendants recruited college students to act as couriers to collect payments from victims around the country and to fraudulently open bank accounts into which the proceeds of the scam would be deposited. The other two defendants allegedly provided the couriers with assignments, instructions, and payment. The defendants deposited about $7 million in cashier’s checks into one bank account between March 2020 and July 2023.

As in past years, participating agencies are also working to raise public awareness about how fraudsters recruit and use individuals to assist their fraud operations. IRS-CI implemented a public awareness campaign to warn taxpayers about the ways in which fraudsters recruit money mules. Additionally, the Justice Department and USPIS partnered with the American Banking Association Foundation to present a webinar to banks regarding money mules and the role banks can play in identifying and stopping them.

The agencies involved in this effort urge consumers to be on the lookout for signs someone is trying to recruit them to receive and transmit fraud proceeds. Do not agree to receive money or checks mailed to you or sent to your bank account for someone you have met over the phone or online. Do not open a bank or cryptocurrency account at someone else’s direction. Fraudsters will lie to persuade you to help them. They may falsely tell you that they are helping you get a lottery prize, initiate a purported romantic relationship and then tell you that they need money, or pretend to offer you a job, an opportunity to invest in a business venture, or the chance to help in a charitable effort.

If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish, and other languages are available. The Federal Trade Commission also provides a hotline at 877-FTC-HELP and a website at www.ftccomplaintassistant.gov to receive consumer complaints.

More information about the Department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. The Justice Department provides information about a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which are available at www.ovc.gov.

Justice Department Files Lawsuit Against the State of Iowa Regarding Unconstitutional State Immigration Law

Source: United States Department of Justice Criminal Division

The Justice Department today filed suit against the State of Iowa to challenge Senate File 2340 (SF 2340) under the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause. The Constitution assigns the federal government to regulate immigration and manage our international borders. Pursuant to this authority, Congress has established a comprehensive immigration framework governing the entry of noncitizens into the U.S. and the removal of noncitizens from the country. Because SF 2340 is preempted by federal law and violates the United States Constitution, the Justice Department seeks a declaration that SF 2340 is invalid and an order preliminarily or permanently enjoining the state from enforcing the law.

“Iowa cannot disregard the U.S. Constitution and settled Supreme Court precedent,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We have brought this action to ensure that Iowa adheres to the framework adopted by Congress and the Constitution for regulation of immigration.”   

As outlined in the complaint, Iowa’s law would create a new state crime for unlawful reentry, with charges ranging from an aggravated misdemeanor to a felony. Additionally, SF 2340 would require state judges to order removal from the United States. The Supreme Court, in Arizona v. United States, has previously confirmed that decisions relating to removal of noncitizens from the United States touch “on foreign relations and must be made with one voice.” SF 2340 impedes the federal government’s ability to enforce entry and removal provisions of federal law and interferes with its conduct of foreign relations.

The suit was filed on behalf of the United States, including Justice Department, the Department of Homeland Security and Department of State.