Idaho Man Sentenced for Computer Hacking and Extortion Scheme

Source: United States Department of Justice Criminal Division

An Idaho man was sentenced today to 10 years in prison for hacking into the computer servers of 19 victims across the United States, stealing personally identifiable information (PII) belonging to more than 132,000 people, and attempting to extort a Florida orthodontist for payment in Bitcoin by threatening to disclose stolen patient records and other PII.

According to court documents, in June 2017, Robert Purbeck, 45, of Meridian, purchased access to the computer server of a Griffin, Georgia, medical clinic on a darknet marketplace. He then used the stolen credentials to illegally access the computers of the medical clinic and removed records that contained sensitive PII for over 43,000 individuals, including names, addresses, birth dates, and social security numbers. In February 2018, Purbeck purchased access to a City of Newnan, Georgia, Police Department server on a darknet marketplace. Purbeck used the stolen credentials to hack into the City of Newnan computer systems and stole police reports and other documents, including PII for over 14,000 people.

Purbeck also attempted to extort a Florida orthodontist in July 2018, demanding a ransom payment in Bitcoin in return for his stolen patient files, threatening to sell the patient and personal information unless the orthodontist paid the ransom. Additionally, Purbeck threatened to sell the PII of the orthodontist’s minor child. Purbeck harassed the orthodontist and his patients for 10 days with numerous threatening emails and text messages.

On Aug. 21, 2019, the FBI executed a federal search warrant at Purbeck’s home in Meridian. During the search, the FBI seized multiple computers and electronic devices, which contained personal information of over 132,000 individuals, obtained through Purbeck’s numerous data breaches.

On March 19, Purbeck pleaded guilty to two counts of intentionally accessing and obtaining information from a protected computer without authorization.

In addition to his term of imprisonment, Purbeck was ordered to serve three years of supervised release and pay restitution to his victims in the amount of $1,048,702.98.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia; and Acting Special Agent in Charge Sean Burke of the FBI Atlanta Field Office made the announcement.

The FBI Atlanta Field Office investigated the case, with valuable assistance provided by the FBI Boise Resident Agency.

Trial Attorney Brian Mund of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Michael Herskowitz, Nathan Kitchens, and Alex R. Sistla for the Northern District of Georgia prosecuted the case. The U.S. Attorney’s Office for the District of Idaho also provided valuable assistance in this case.

Justice Department Launches Disability Rights Investigation into Unnecessary Institutionalization in Michigan’s State Psychiatric Hospitals

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it has opened an investigation under the Americans with Disabilities Act (ADA) into whether the State of Michigan unnecessarily institutionalizes adults with serious mental illness in state psychiatric hospitals. The department will investigate whether the state fails to provide necessary community-based mental health services to enable people to transition from the state psychiatric hospitals and remain stable in the community.

Prior to the announcement, the department informed the Michigan Department of Health and Human Services and the State Attorney General’s Office of the initiation of the investigation.

“The Americans with Disabilities Act protects people’s right to receive mental health services in the community, rather than remaining in hospitals when they are ready to go home,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This investigation will assess whether Michigan is honoring the ADA’s promise that people with disabilities be served in the most integrated setting appropriate. The Civil Rights Division will continue to advocate for states to provide people with disabilities the services they need to avoid unnecessary institutionalization.”

“Our office is committed to investing the resources necessary to investigate these claims because we will never tire of ensuring that every citizen is afforded the full protections of the Americans with Disabilities Act,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan.

“We open this investigation as part of our mission to protect civil rights and to ensure our neighbors with mental health disabilities can succeed and thrive in their communities,” said U.S. Attorney Mark A. Totton for the Western District of Michigan.

The Justice Department has not reached any conclusions regarding the subject matter under investigation. Individuals with relevant information are encouraged to contact the department via email at Community.Michigan@usdoj.gov, 888-392-5415 or through the Civil Rights Division’s Civil Rights Portal at civilrights.justice.gov/.

Additional information about the Civil Rights Division’s ADA enforcement is available at www.justice.gov/crt/rights-persons-disabilities and www.justice.gov/crt/disability-rights-section.

Tax Attorneys and Insurance Agent Sentenced in Tax Shelter Scheme

Source: United States Department of Justice Criminal Division

Two tax attorneys and an insurance agent were sentenced today to a combined 16 years in prison for conspiring to defraud the United States and helping clients file false tax returns, based on their promotion and operation of a fraudulent tax shelter.

Michael Elliott Kohn, an attorney, was sentenced to seven years in prison. Catherine Elizabeth Chollet, also an attorney, was sentenced to four years in prison. David Shane Simmons, an insurance agent and broker, was sentenced to five years in prison.

According to court documents and evidence presented at trial, from 2011 to November 2022, Kohn and Chollet, both of St. Louis, and Simmons, who is based out of Jefferson, North Carolina, promoted, marketed and sold to clients the Gain Elimination Plan, a fraudulent tax scheme.

The defendants designed the plan to conceal clients’ income from the IRS by inflating business expenses through fictitious royalties and management fees. These fictitious fees were paid, on paper, to a limited partnership largely owned by a charity. In reality, Kohn and Chollet fabricated the fees.

Kohn and Chollet advised clients that the plan’s limited partnership was required to obtain insurance on the life of the clients to cover the income that was allocated to the charitable organization. The death benefit was directly tied to the anticipated profitability of the clients’ businesses and how much of the clients’ taxable income was intended to be sheltered.

Simmons earned more than $2.3 million in commissions for selling the insurance policies, splitting the commissions with Kohn and Chollet. Kohn and Chollet received more than $1 million from Simmons. Simmons also filed false personal tax returns that underreported his business income and inflated his business expenses, resulting in a tax loss of more than $480,000.

In total, the defendants caused a tax loss to the IRS of more than $22 million.

In addition to the terms of imprisonment, U.S. District Judge Kenneth D. Bell for the Western District of North Carolina ordered each defendant to serve three years of supervised release and to pay $22,515,615 in restitution to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Dena J. King for the Western District of North Carolina made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorneys Kevin Schneider and Todd Ellinwood of the Tax Division and Assistant U.S. Attorney Caryn Finley for the Western District of North Carolina prosecuted the case.

Maryland Store Owner Pleads Guilty to Tax Evasion

Source: United States Department of Justice Criminal Division

A Maryland man who owns a retail store pleaded guilty today to evading his income taxes by not reporting cash taken from his business.

According to court documents and statements made in court, for over 20 years, William M. Bundy of District Heights owned and operated Bab’s Inc., a store located in District Heights, that only accepted cash payments. From 2017 through 2021, Bundy received wages from Bab’s but also took cash from the business without reporting that cash as income on his tax returns. He used the cash for personal expenditures, including gambling. Over a five-year period, Bundy gambled and lost over $3 million at two Maryland-area casinos, funded in part by $2.2 million in cash from Bab’s.

In total, for the years 2017 through 2021, Bundy had additional taxes due of $672,558.

Bundy is scheduled to be sentenced on Feb. 21, 2025. He faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Erek L. Barron for the District of Maryland made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorney Michael C. Vasiliadis of the Tax Division and Assistant U.S. Attorney Coreen Mao for the District of Maryland are prosecuting the case.

California Teenager Pleads Guilty in Florida to Making Hundreds of ‘Swatting’ Calls Across the United States

Source: United States Department of Justice Criminal Division

Alan W. Filion, 18, of Lancaster, California, pleaded guilty today to four counts of making interstate threats to injure the person of another. Filion faces a maximum penalty of five years in prison on each count. Filion is scheduled to be sentenced on Feb. 11, 2025.

“This prosecution and today’s guilty plea reaffirm the Justice Department’s commitment to using all tools to hold accountable every individual who endangers our communities through swatting and hoax threats,” said Deputy Attorney General Lisa Monaco. “For well over a year, Alan Filion targeted religious institutions, schools, government officials, and other innocent victims with hundreds of false threats of imminent mass shootings, bombings and other violent crimes. He caused profound fear and chaos and will now face the consequences of his actions.”

“Alan Filion not only intended to cause as much harm as possible, but he also attempted to profit from these criminal activities by offering swatting-for-a-fee services,” said FBI Deputy Director Paul Abbate. “Swatting poses severe danger to first responders and victims, wastes significant time and resources, and creates fear in communities. The FBI will continue to work with partners to aggressively investigate and hold accountable anyone who engages in these activities.”

According to the plea agreement, from approximately August 2022 to January 2024, Filion made more than 375 swatting and threat calls, including calls in which he claimed to have planted bombs in the targeted locations or threatened to detonate bombs and/or conduct mass shootings at those locations. He targeted religious institutions, high schools, colleges and universities, government officials, and numerous individuals across the United States. Filion was 16 at the time he placed the majority of the calls.

Filion intended for his calls to cause large-scale deployment of police and emergency-services units to the targeted locations. During these calls, he provided information to law enforcement and emergency services agencies that he knew to be false, such as false names, false claims that he and others had placed explosives in particular locations, false claims that he and others possessed dangerous weapons, including firearms and explosives, and false claims that he and/or other individuals had committed, or intended to imminently commit, violent crimes.

During the time that dispatchers spent on the phone with Filion, they were unavailable to respond to other emergencies. Additionally, in response to many of his calls, armed law enforcement officers were dispatched to the targeted addresses, and likewise were made unavailable to respond to other emergencies. In some instances, armed law enforcement officers approached and entered targeted residences with their weapons drawn and detained individuals who occupied the residences. In a post on Jan. 20, 2023, Filion claimed that when he swats someone, he “usually get[s] the cops to drag the victim and their families out of the house, cuff them and search the house for dead bodies.”

According to court documents, Filion became a serial swatter for both profit and recreation. He claimed in a Jan. 19, 2023, online post that his “first” swatting was like “2 to 3 years ago” and that “6-9 months ago [he] decided to turn it into a business. . .” On several occasions, Filion placed posts on social-media channels advertising his services and swatting-for-a-fee structure.

On Jan. 18, Filion, then 17-years-old, was arrested in California on Florida state charges arising from a May 2023 threat he made to a religious institution in Sanford, Florida. In that threat, he claimed to have an illegally modified AR-15, a Glock 17 pistol, pipe bombs, and Molotov cocktails. He said that he was going to imminently “commit a mass shooting” and “kill everyone” he saw. Filion pleaded guilty today in federal court to making that threat.

Filion’s federal charges were brought under the Federal Juvenile Justice & Delinquency Prevention Act (JDA). As noted in the criminal information filed on Oct. 21, Filion was 17 when the instant charges were filed against him. Filion has remained in custody since his arrest on state charges in January.

Filion also pleaded guilty to making three other threatening calls – an October 2022 call to a public high school in the Western District of Washington, in which he threatened to commit a mass shooting and claimed to have planted bombs throughout the school; a May 2023 call to a Historically Black College & University in the Northern District of Florida, in which he claimed to have placed bombs in the walls and ceilings of campus housing that would detonate in about an hour; and a July 2023 call to a local police-department dispatch number in the Western District of Texas, in which he falsely identified himself as a senior federal law enforcement officer, provided the officer’s residential address to the dispatcher, claimed to have killed his (federal officer’s) mother, and threatened to kill any responding police officers.  

The FBI and U.S. Secret Service are investigating the case. Valuable assistance was provided by the Seminole County (Florida) Sheriff’s Office; the Anacortes (Washington) Police Department; the Florida Department of Law Enforcement; the California Department of Justice; the Los Angeles County (California) Sheriff’s Office; and the Volusia County (Florida) Sheriff’s Office.

Assistant U.S. Attorneys Cherie L. Krigsman and Kara Wick for the Middle District of Florida and Trial Attorney Jacob Warren of the National Security Division’s Counterterrorism Section are prosecuting the case, with valuable assistance from the State Attorney’s Office for Seminole County, Florida, 18th Judicial Circuit, and the U.S. Attorneys Offices for the Western District of Washington, Northern District of Florida, Western District of Texas, and District of Columbia.