Month: November 2024

Source: United States Department of Justice Criminal Division

A Nevada man pleaded guilty yesterday to one count of wire fraud stemming from his role in a years-long fraud scheme, during which he stole more than $6.1 million in victim investor funds.

According to court documents, Mykalai Kontilai, formerly Michael Contile, 55, of Las Vegas, facilitated an investment fraud scheme involving his company, Collector’s Coffee Inc., doing business as Collector’s Café (Collector’s Coffee), a company incorporated in California and headquartered in Las Vegas. From 2012 to 2018, Kontilai made or caused to be made numerous materially false and misleading representations to induce victims to invest in Collector’s Coffee — a company he claimed was on the verge of launching an online auction house for third-party owned collectibles, such as Hollywood and sport memorabilia. As a result of Kontilai’s numerous false and misleading statements, including that investor funds would be used for legitimate business purposes, that Kontilai had personally invested millions of his own money in the company, and that he did not take a salary, Kontilai successfully raised approximately $23 million from Collector’s Coffee investors. However, rather than using the proceeds as represented, Kontilai stole approximately $6.1 million for his own personal use, including for the purchase of luxury goods, apartments, and vehicles.

The U.S. Securities and Exchange Commission (SEC) began investigating Kontilai for misappropriating investor funds in or around 2017. Kontilai obstructed the investigation by forging documents that he caused to be transmitted to the SEC and lied under oath to the SEC. Kontilai was charged in connection with this conduct both in the present case on June 3, 2020, and in a separate case in the District of Colorado on March 10, 2020. While under investigation but prior to charging, Kontilai fled to Russia and was ultimately arrested on an Interpol Red Notice in Germany in 2023. He was extradited back to the United States to face the pending charges in May. As part of the plea agreement in this case, the government will move to dismiss the Colorado case at sentencing.

Kontilai pleaded guilty to one count of wire fraud. He is scheduled to be sentenced on Dec. 4 and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Jason M. Frierson for the District of Nevada; Special Agent in Charge Spencer L. Evans of the FBI Las Vegas Field Office; and Special Agent in Charge Carissa Messick of IRS Criminal Investigation (IRS-CI) made the announcement.

The FBI and IRS-CI are investigating the case. The Justice Department’s Office of International Affairs provided significant assistance in securing the extradition from Germany of Kontilai.

Trial Attorneys Brandon Burkart and Sara Hallmark of the Criminal Division’s Fraud Section (FRD) and Assistant U.S. Attorney Jessica Oliva for the District of Nevada prosecuted this case. Former FRD Trial Attorney Emily Scruggs provided valuable assistance. 

Source: United States Department of Justice Criminal Division

A Dominican national was sentenced today to nine years in prison for his involvement in a deadly human smuggling conspiracy in Puerto Rico.

According to court documents, Alcibades De Paz, 34, was one of the individuals at the helm of a vessel carrying non-citizens, including a three-year-old boy, from the Dominican Republic to Puerto Rico. The defendant operated the vessel during the human smuggling venture. When the vessel stopped functioning, the defendant aided in starting the engine and holding the throttle of the outboard engine of the boat towards the shore of Rincón, Puerto Rico, while evading law enforcement’s attempts to safely intercept the vessel. On Dec. 23, 2022, the vessel capsized as it reached the shoreline, leading to the death of a three-year-old child who was illegally being smuggled to the United States.

On Aug. 27, De Paz pleaded guilty to one count of bringing certain aliens into the United States, resulting in death. In addition to his term of imprisonment, De Paz was ordered to serve three years of supervised release.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico; and Special Agent in Charge Rebecca Gonzalez-Ramos of Homeland Security Investigations (HSI) San Juan made the announcement.

HSI San Juan investigated this case, with assistance from the Puerto Rico Police Bureau’s Joint Forces of Rapid Action and U.S. Border Patrol, Ramey Sector.

Trial Attorney Marie Zisa of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Emelina M. Agrait-Barreto for the District of Puerto Rico prosecuted the case.

The investigation was conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence, and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.

Source: United States Department of Justice Criminal Division

A Michigan woman was convicted today for her role in a conspiracy to defraud the United States and receive illegal health care kickbacks.

According to court documents and evidence presented at trial, Mary Smettler-Bolton, 71, of Oakland County, referred Medicare beneficiaries to several Metro Detroit home health companies in exchange for hundreds of thousands of dollars in kickbacks paid by the owners and operators of the home health companies. Over the course of four years, Smettler-Bolton and her co-conspirators caused over $1.4 million of loss to Medicare.

Smettler-Bolton was convicted of one count of conspiracy to defraud the United States and receive illegal health care kickbacks and one count of violating the federal Anti-Kickback Statute. She is scheduled to be sentenced on March 3, 2025, and faces a maximum penalty of five years in prison on the conspiracy count and a maximum penalty of 10 years in prison on the kickback count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Special Agent in Charge Cheyvoryea Gibson of the FBI Detroit Field Office; and Special Agent in Charge Mario Pinto of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.

The FBI Detroit Field Office and HHS-OIG investigated the case.

Trial Attorney Ryan Elsey and Assistant Chief Shankar Ramamurthy of the Criminal Division’s Fraud Section are prosecuting 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 HHS-OIG, 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.

Source: United States Department of Justice Criminal Division

The Justice Department’s Office of Community Oriented Policing Services (COPS Office) today announced that it will provide an Organizational Assessment of the Maryland Natural Resources Police (NRP) through its Collaborative Reform Initiative. This is a voluntary program that is offered at the request of law enforcement agencies that are seeking to improve their services and operations. Over the next year, NRP will work in partnership with the COPS Office Collaborative Reform Initiative team to focus on:

• Community Policing
• Workforce Development
• Strategic Planning
• Employee Wellness
• Technology, Data, and Organizational Learning

“The work of law enforcement encompasses a wide range of duties and responsibilities, but there are key and standard tenets to building all successful agencies,” said Principal Deputy Associate Attorney General Benjamin C. Mizer. “I applaud the Maryland Natural Resources Police for voluntarily taking on the work of applying these tenets to its operation.”

“Every law enforcement agency can benefit by taking an in-depth look at the work of its department and seeing what’s working and where there are opportunities for improvement,” said Director Hugh T. Clements Jr. of the COPS Office. “Focusing on key areas such as workforce development and employee wellness are critical for an agency to continue to grow and improve.”

Regular updates on the team’s work with the NRP will be provided at www.cops.usdoj.gov/active-oa-site-maryland-dnr  as part of the transparency and public accountability of this new Organizational Assessment effort.

The Collaborative Reform Initiative encompasses three programs offering expert services to state, local, territorial, and Tribal law enforcement agencies: the Collaborative Reform Initiative Technical Assistance Center, Critical Response, and Organizational Assessment programs (complete details of these programs can be found at www.cops.usdoj.gov/collaborativereform). Managed out of the COPS Office, this continuum of services is designed to build trust between law enforcement agencies and the communities they serve; improve operational efficiencies and effectiveness; enhance officer safety and wellness; build agencies’ capacity for organizational learning and self-improvement; and promote community policing practices nationwide.

The Organizational Assessment program provides the most intensive form of technical assistance on the continuum, involving in-depth assessments and long-term assistance to improve the fairness, effectiveness, and efficacy of agency operations that build trust with communities. A continual assessment and implementation process ensures that time and resources are used to focus on identifying areas for improvement, reinforcing agency strengths, and assisting with the implementation of improvements expeditiously. At the same time, the process provides transparency and accountability with routine public reporting and community input. Each engagement will be supported by a multidisciplinary assessment team composed of subject matter experts with diverse experience and perspectives, including in law enforcement, community engagement, research and evaluation, program management and organizational reform.

The COPS Office is the federal component of the Justice Department responsible for advancing community policing nationwide. The only Justice Department agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has been appropriated more than $20 billion to advance community policing, including grants awarded to more than 13,000 state, local, territorial, and Tribal law enforcement agencies to fund the hiring and redeployment of approximately 138,000 officers.