Month: September 2024

Source: United States Department of Justice Criminal Division

A Highland Falls, N.Y., woman pleaded guilty today for her role in a scheme to defraud and embezzle funds from the U.S. government by authorizing nearly $3 million in payments from the U.S. Military Academy in West Point, N.Y., to a bogus corporation she controlled.

Bobbie Cyana Ryan, 51, pleaded guilty before U.S. District Judge Colleen Kollar-Kotelly to a three-count information charging her with devising a scheme to defraud, and transmitting funds in interstate commerce for the purpose of executing the scheme; embezzlement and conversion by Ryan of government funds; and executing a financial transaction with criminally derived funds.

According to court documents filed in U.S. District Court in the District of Columbia, Ryan worked in the Information, Education and Technology division in the Office of the Dean at West Point. Ryan was responsible for coordinating information technology training programs for West Point staff. According to court documents, based on irregularities found during a routine audit, U.S. Army investigators discovered that Ryan, acting as the requesting and approving official, used her government purchase card and cards of her unknowing subordinates to authorize approximately $2.9 million in payments to CWG Enterprises. The payments were purportedly for either on-site training instructors or training reference materials when, in fact, no personnel were ever trained and no materials were ever provided.

U.S. Army investigators subsequently discovered that Ryan conducted financial transactions and identified herself as doing business as CWG Enterprises. Ryan used a rented mail box as the company address for CWG Enterprises. Based on false invoices created by Ryan, transfers of government funds were allegedly made from a bank in Washington to a bank account in the name of “Bobbie C. Ryan dba CWG Enterprises” at a bank in New Windsor, N.Y. Once the funds arrived in the purported CWG Enterprises bank account, Ryan withdrew the funds and paid personal and family expenses.

At sentencing, scheduled for Feb. 19, 2010, Ryan faces a maximum sentence of 40 years in prison a fine of up to twice the pecuniary gain from the scheme.

The case is being investigated by the U.S. Army Criminal Investigation Command, Hartford Fraud Resident Agency. The case is being prosecuted by Senior Trial Attorney Andrew Levchuk of the Criminal Division’s Public Integrity Section. 

Source: United States Department of Justice Criminal Division

WASHINGTON – Bill J. Allen and Richard L. Smith were each sentenced in separate hearings today for their participation in a corruption scheme in which they provided approximately $395,000 in corrupt payments to public officials from the state of Alaska, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division. Allen and Smith were sentenced in U.S. District Court for the District of Alaska by U.S. District Court Judge John W. Sedwick.

Allen, 72 , the former chief executive officer of VECO Corporation, was sentenced to 36 months in prison, a $750,000 fine and three years of supervised release. Smith, 64 , the former vice president of community and government affairs for VECO Corporation, was sentenced to 21 months in prison, a $10,000 fine and three years of supervised release.

Both defendants pleaded guilty on May 7, 2007, to three-count informations charging each with bribery; conspiracy to commit bribery, extortion under color of official right, and honest services mail and wire fraud; and conspiracy to defraud the Internal Revenue Service (IRS) of the U.S. Department of the Treasury. According to court documents, Allen and Smith conspired with at least five members of the Alaska legislature to provide illegal financial benefits to several Alaska elected officials in exchange for those officials’ support on legislation pending before the Alaska state legislature. Allen and Smith also pleaded guilty to one substantive count of bribery, and admitted that they provided approximately $395,000 in benefits to public officials from the state of Alaska in connection with the scheme.

The Allen sentencing was handled by Deputy Chief James M. Trusty of the Criminal Division’s Gang Unit, Trial Attorney Kevin R. Gingras of the Criminal Division’s Appellate Section and Trial Attorney Peter M. Koski of the Criminal Division’s Public Integrity Section. The Smith sentencing was handled by Trial Attorney M. Kendall Day and Deputy Chief Raymond Hulser of the Criminal Division’s Public Integrity Section. The case is being investigated by the FBI and IRS Criminal Investigation.

Source: United States Department of Justice Criminal Division

WASHINGTON – The Justice Department announced today that it has reached a settlement that will resolve its suit filed on behalf of former Utah Army National Guardsman and current Air Force Reservist Matthew T. Denning against Stonescape Pavers LLC. The settlement must be approved by the federal court in Las Vegas. The Department’s complaint, filed in June 2009, alleges that Stonescape violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by terminating Denning during his statutorily protected reemployment time period. Under the terms of the settlement, embodied in an agreement that has been submitted to the court, Stonescape must provide Denning with $10,000 to compensate him for his lost wages and benefits as a result of Stonescape’s actions.

In its complaint, the Justice Department alleged that Denning was a salesman for Stonescape when he was called to active duty to deploy to Iraq with the Utah Army National Guard in January 2006. After he was honorably discharged in June 2006, he was reemployed by Stonescape. According to the complaint, Stonescape terminated Denning without cause in August 2006 during his statutorily-protected reemployment time period. The lawsuit was filed after the Labor Department’s Veterans’ Employment and Training Service completed an investigation of Denning’s complaint. Congress enacted USERRA in 1994 to protect service members from being disadvantaged in their civilian careers due to serving in the uniformed services. Among other things, USERRA prohibits employers from terminating a service member except for cause for 180 days after the employee’s date of reemployment if his or her recent period of uniformed service was more than 30 days but less than 181 days.

“We all have a duty to ensure the brave men and women who serve our country in uniform can land on their feet after they return from active duty. This settlement demonstrates our vigilant protection of the employment rights of our servicemembers, and our commitment to vigorous enforcement of the laws that protect them,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.

The Justice Department’s Civil Rights Division has given a high priority to the enforcement of servicemembers’ rights under USERRA. During 2009, the Civil Rights Division has filed 20 USERRA lawsuits on behalf of service members. Additional information about USERRA can be found on the Justice Department’s Web sites at http://www.justice.gov/crt/emp and http://www.servicemembers.gov/, as well as on the Labor Department’s Web site at http://www.dol.gov/vets/programs/userra/main.htm

Source: United States Department of Justice Criminal Division

The Justice Department today announced an agreement with LaPorte County, Ind., to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under the department’s Project Civic Access initiative, which aims to bring state and local governments into compliance with the Americans with Disabilities Act (ADA). This agreement is the 169th under Project Civic Access and the eighth this year.

 “Civic access is a civil right, and individuals with disabilities must have the opportunity to participate in public programs, services and activities on an equal basis with their neighbors,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We appreciate LaPorte County’s commitment to ensuring that the civil rights promised in the Americans with Disabilities Act are granted to individuals with disabilities who live in or visit the county.”

LaPorte County, founded in 1832, is located in northwestern Indiana, near the Chicago metropolitan area. More than 16 percent of the residents of LaPorte County have disabilities and will benefit from the agreement announced today.

 Under today’s agreement, the county will:

• Make physical modifications to its buildings and parks so that parking, entrances, routes, toilet rooms, courtrooms, assembly areas, service counters and drinking fountains are accessible to persons with disabilities;
• Post, publish and distribute a notice to inform members of the public of the provisions of the ADA and their applicability to county programs, services, and activities;
• Amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing the employment provisions of the ADA;
• Provide auxiliary aids necessary to ensure effective communication with persons who are deaf or hard of hearing and persons who are blind or have low vision;
• Ensure that each 9-1-1 call station is equipped with a text telephone (TTY) or computer equivalent and that TTY calls are answered promptly and correctly;
• Implement the La Porte County Sheriff Department’s Policy on Effective Communication with People Who are Deaf or Hard of Hearing, which provides for the county to make available interpreters and other auxiliary aids necessary to ensure effective communication with persons who are deaf or hard of hearing;
• Provide accessible polling places;
• Implement emergency management policies and procedures to ensure equal access for persons with disabilities, including preparation, notification, sheltering and response;
• Make modifications necessary to county sidewalks and curb ramps to provide accessible routes; and
• Ensure that the county’s official Web site is accessible to persons with disabilities, including people who are blind or have low vision.

The settlement agreement will remain in effect for three years from Oct. 28, 2009, or until all actions required by the agreement have been completed, whichever is later.

Project Civic Access was initiated to ensure that persons with disabilities have an equal opportunity to participate in civic life. As part of the project, department investigators, attorneys and architects conduct on-site surveys of state and local government programs and facilities in order to identify modifications needed for compliance with ADA requirements. The agreements contain a plan setting out the specific steps a community will take to improve access for persons with disabilities.

People interested in finding out more about the ADA, today’s agreement with LaPorte County, Ind., or the department’s Project Civic Access initiative may find this information on the ADA Web site at http://www.ada.gov or may call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

Source: United States Department of Justice Criminal Division

WASHINGTON – The United States this week has filed civil injunction lawsuits across the country against seven individuals, the Justice Department announced today. The federal suits – filed in Los Angeles; Panama City, Fla.; Salt Lake City; Nashville, Tenn.; and Pocatello, Idaho – allege that the defendants promote a tax fraud scheme designed to siphon hundreds of millions of dollars from the U.S. Treasury through fraudulent tax refund claims.

Papers filed in the cases say the defendants prepared tax returns requesting a total of $562.4 million in bogus refunds. One defendant – Dick Jenkins, of Heber City, Utah – allegedly holds himself out as a CPA and requested a $210 million fraudulent refund for one customer. The Internal Revenue Service (IRS) catches the vast majority of the bogus tax returns and blocks the claimed refunds.

Under the tax fraud scheme, known as the “redemption” or “OID redemption” scheme, participants file a series of false IRS forms, including tax returns, amended returns, and Forms 1099 (including Form 1099-OID) or Forms W-2, to request fraudulent tax refunds based on phony claims of large income tax withholding. According to papers filed in these cases and earlier cases against other alleged scheme promoters, redemption scheme promoters are tax defiers who falsely tell customers that the federal government maintains “secret” accounts of money for its citizens. Promoters claim to be able to help customers access the secret funds by filing the false IRS forms.

Altogether, according to the IRS, redemption scheme participants (including customers of the defendants in the seven lawsuits filed this week) have requested a total of $3.3 trillion in fraudulent refunds.

“The scope of the misconduct alleged in these lawsuits is staggering,” said John A. DiCicco, Acting Assistant Attorney General for the Justice Department’s Tax Division. “The IRS and Justice Department are working together closely to ensure that those who promote or participate in this large-scale attempted raid on the Treasury face all appropriate civil and criminal sanctions. Anyone who participates in this scheme can expect to not get the claimed refund, face very large civil penalties (up to 20 percent of the false claim), and where appropriate, face criminal prosecution with possible substantial prison sentences if convicted.”

The Justice Department has previously brought other injunction suits to shut down redemption scheme promoters. A federal court in Sacramento found that tax preparer Teresa Marty had been using the same scheme to claim bogus refunds for her customers, and preliminarily barred her from preparing tax returns for others. The Government sued Nyla McIntyre and her Los Angeles-based company, Approved Financial Services Inc., to permanently bar them from preparing tax returns for others.

Listed below are details of the seven lawsuits, filed in U.S. District Courts in the cities indicated:

Case	Fraudulent “Refunds” Requested
United States v. Dick Jenkins Salt Lake City, Utah	$393 million
United States v. Susan Guan Los Angeles, California , et al.	$4.5 million
United States v. Jacqueline Cornejo Los Angeles, California	$12.1 million
United States v. Evelyn Johnston, et al. Panama City, Florida	$17.5 million
United States v. Thanh Cao Los Angeles, California	$34 million
United States v. Penny Jones Pocatello, Idaho	$93 million
United States v. Karen Miller Nashville, Tennessee	$8.3 million
TOTAL:	$562.4 million

The Tax Division also prosecutes criminal cases involving the redemption scheme and other schemes involving fraudulent uses of IRS forms, including Forms 1099. These prosecutions often result in significant prison sentences. In May 2009 in the Southern District of Florida, Willie Bernard Cameron was sentenced to 60 months in prison for filing a false $2.9 million refund claim based on a fictitious Form 1099-OID. At the sentencing hearing, Cameron espoused tax-defier positions, including sovereignty and redemption. Other successful prosecutions have involved the use of fraudulent Forms 1099 to harass federal and state officials. In May 2009 in the Northern District of Ohio, Jeanne Herrington was sentenced to 96 months in prison for conspiracy to defraud the IRS and for retaliating against federal prosecutors by filing false Forms 1099 in their names. In May 2009 in the Central District of California, Giancarlo Pertile was sentenced to 60 months incarceration and fined $75,000. Evidence at sentencing showed that, after his indictment for tax evasion, Pertile filed Forms 1099-OID against the judge and others.

In the past decade, the Justice Department’s Tax Division has obtained more than 430 injunctions against tax fraud promoters and dishonest tax return preparers. Information about these cases is available on the Justice Department’s Web site.