South Florida Payroll Services Company Owner Pleads Guilty to Employment Tax Crimes

Source: United States Department of Justice Criminal Division

A Florida man pleaded guilty today to not paying employment taxes withheld from his employees’ pay and to filing a false tax return.

According to court documents and statements made in court, Matthew Brown, of Martin County, owned and operated businesses in and around Martin County. One of these businesses was Elite Payroll, a payroll services company. Elite Payroll provided such services to small businesses in and around St. Lucie, Martin and Palm Beach Counties. This included withholding Social Security, Medicare and federal income taxes from the wages of its clients’ employees, and then paying over those funds to the IRS.

Between 2014 and 2022, Brown did not pay over $20 million in taxes withheld from clients of Elite Payroll and from other businesses he controlled. Brown charged his clients the full amount of their tax liabilities, filed false tax returns with the IRS substantially underreporting those liabilities, and pocketed the difference.

Instead of paying over the funds he held in trust for Elite Payroll’s clients, Brown purchased commercial and residential real estate, including his multi-million-dollar home, and high-value luxury assets including a Valhalla 55 Sport Yacht, a Falcon 50 Aircraft and a collection of cars including Ferraris, Porsches and Rolls Royces.

In total, Brown caused a tax loss to the IRS of over $22 million.

Brown will be sentenced at a later date. He faces a maximum penalty of five years in prison, 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 Markenzy Lapointe for the Southern District of Florida made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Andrew Ascencio and Ashley Stein of the Tax Division and Assistant U.S. Attorney Michael Porter for the Southern District of Florida are prosecuting the case. Former Assistant U.S. Attorney Diana Acosta assisted in the investigation.

Security News: Japanese Yakuza Leader Pleads Guilty to Nuclear Materials Trafficking, Narcotics, and Weapons Charges

Source: United States Department of Justice 2

Takeshi Ebisawa, 60, of Japan, pleaded guilty in Manhattan, New York, today to conspiring with a network of associates to traffic nuclear materials, including uranium and weapons-grade plutonium, from Burma to other countries, as well as to international narcotics trafficking and weapons charges.

“Today’s plea should serve as a stark reminder to those who imperil our national security by trafficking weapons-grade plutonium and other dangerous materials on behalf of organized criminal syndicates that the Department of Justice will hold you accountable to the fullest extent of the law,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division.

“This case demonstrates DEA’s unparalleled ability to dismantle the world’s most dangerous criminal networks,” said Administrator Anne Milgram of the Drug Enforcement Administration (DEA). “Our investigation into Takeshi Ebisawa and his associates exposed the shocking depths of international organized crime from trafficking nuclear materials to fueling the narcotics trade and arming violent insurgents. DEA remains positioned to relentlessly pursue anyone who threatens our national security, regardless of where they operate. Protecting the American people from such evil will always remain DEA’s top priority.” 

“As he admitted in federal court today, Takeshi Ebisawa brazenly trafficked nuclear material, including weapons-grade plutonium, out of Burma,” said Acting U.S. Attorney Edward Y. Kim for the Southern District of New York. “At the same time, he worked to send massive quantities of heroin and methamphetamine to the United States in exchange for heavy-duty weaponry such as surface-to-air missiles to be used on battlefields in Burma and laundered what he believed to be drug money from New York to Tokyo. It is thanks to the extraordinary efforts of the DEA’s Special Operations Division, the career national security prosecutors of this Office, and the cooperation of our law enforcement partners in Indonesia, Japan, and Thailand, that Ebisawa’s plot was detected and stopped.”

According to the court documents and evidence presented at court, since at least in or about 2019, the DEA investigated Ebisawa in connection with large-scale narcotics and weapons trafficking. During the investigation, Ebisawa unwittingly introduced an undercover DEA agent (UC-1), posing as a narcotics and weapons trafficker, to Ebisawa’s international network of criminal associates, which spanned Japan, Thailand, Burma, Sri Lanka, and the United States, among other places, for the purpose of arranging large-scale narcotics and weapons transactions. Ebisawa and his network, including his co-defendants, negotiated multiple narcotics and weapons transactions with UC-1.

Ebisawa conspired to broker the purchase, from UC-1, of U.S.-made surface-to-air missiles, as well as other heavy-duty weaponry, intended for multiple ethnic armed groups in Burma (including the leader of an ethnic insurgent group in Burma (CC-1)), and to accept large quantities of heroin and methamphetamine for distribution as partial payment for the weapons. Ebisawa understood the weapons to have been manufactured in the U.S. and taken from U.S. military bases in Afghanistan. Ebisawa planned for the heroin and methamphetamine to be distributed in the New York market.

In addition, Ebisawa conspired to sell, in a separate transaction, 500 kilograms of methamphetamine and 500 kilograms of heroin to UC-1 for distribution in New York. In furtherance of that transaction, on or about June 16, 2021, and on or about Sept. 27, 2021, one of Ebisawa’s co-defendants provided samples of approximately one kilogram of methamphetamine and approximately 1.4 kilograms of heroin. Ebisawa also worked to launder $100,000 in purported narcotics proceeds from the U.S. to Japan.

Finally, beginning in early 2020, Ebisawa informed UC-1 and a DEA confidential source (CS-1) that Ebisawa had access to a large quantity of nuclear materials that he wanted to sell. Later that year, Ebisawa sent UC-1 a series of photographs depicting rocky substances with Geiger counters measuring radiation, as well as pages of what Ebisawa represented to be lab analyses indicating the presence of thorium and uranium in the depicted substances. In response to Ebisawa’s repeated inquiries, UC-1 agreed, as part of the DEA’s investigation, to help Ebisawa broker the sale of his nuclear materials to UC-1’s associate, who was posing as an Iranian general (the General), for use in a nuclear weapons program. Ebisawa then offered to supply the General with “plutonium” that would be even “better” and more “powerful” than uranium for this purpose. Ebisawa further proposed, together with two other co-conspirators (CC-2 and CC-3), to UC-1 that CC-1 sell uranium to the General, through Ebisawa, to fund CC-1’s weapons purchase.

Thereafter, on a Feb. 4, 2022, videoconference, CC-2 told UC-1 that CC-1 had available more than 2,000 kilograms of Thorium-232 and more than 100 kilograms of uranium in the compound U3O8 — referring to a compound of uranium commonly found in the uranium concentrate powder known as “yellowcake” — and that CC-1 could produce as much as five tons of nuclear materials in Burma. CC-2 also advised that CC-1 had provided samples of the uranium and thorium, which CC-2 was prepared to show to UC-1’s purported buyers. CC-2 noted that the samples should be packed “to contain . . . the radiation.”  Approximately one week later, Ebisawa, CC-2, and CC-3 participated in a series of meetings with UC-1 and CS-1 in Southeast Asia, to discuss their ongoing weapons, narcotics, and nuclear materials transactions. During one of these meetings, CC-2 asked UC-1 to meet in CC-2’s hotel room. Inside the room, CC-2 showed UC-1 two plastic containers each holding a powdery yellow substance (nuclear samples), which CC-2 described as “yellowcake.”  CC-2 advised that one container held a sample of uranium in the compound U3O8, and the other container held Thorium-232.

With the assistance of Thai authorities, the nuclear samples were seized and subsequently transferred to the custody of U.S. law enforcement. A nuclear forensic laboratory in the United States examined the nuclear samples and determined that both samples contain detectable quantities of uranium, thorium, and plutonium. In particular, the laboratory determined that the isotope composition of the plutonium found in the nuclear samples is weapons-grade, meaning that the plutonium, if produced in sufficient quantities, would be suitable for use in a nuclear weapon.

Ebisawa pleaded guilty to six counts contained in the superseding indictment. A table containing the charges and minimum and maximum penalties is set forth below.

COUNT

MIN. AND MAX. PRISON TERM

Count One: Conspiracy to commit international trafficking of nuclear materials Maximum of 10 years in prison
Count Two: International trafficking of nuclear materials Maximum of 20 years in prison
Count Three: Narcotics importation conspiracy Mandatory minimum of 10 years in prison; maximum of life in prison
Count Six: Narcotics importation conspiracy Mandatory minimum of 10 years in prison; maximum of life in prison
Count Seven: Conspiracy to possess firearms, including machineguns and destructive devices Maximum of life in prison
Count Eight: Money laundering Maximum 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.

The DEA is investigating the case with assistance from the DEA Tokyo Country Office, DEA Bangkok Country Office, DEA Chiang Mai Resident Office, DEA Jakarta Country Office, DEA Copenhagen Country Office, DEA New York Field Office, DEA New Delhi Country Office, Justice Department’s Office of International Affairs, and our law enforcement partners in Indonesia, Japan, and the Kingdom of Thailand.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

Assistant U.S. Attorneys Kaylan E. Lasky, Alexander Li, and Kevin T. Sullivan for the Southern District of New York are prosecuting the case with assistance from Trial Attorney Dmitriy Slavin of the Justice Department’s Counterterrorism Section.

Security News: Canadian National Sentenced to 40 Months for Multimillion-Dollar Export Control Scheme

Source: United States Department of Justice 2

Nikolay Goltsev, 38, of Montreal, Canada, was sentenced today to 40 months in prison for conspiring to commit export control violations. Goltsev masterminded a global procurement scheme on behalf of sanctioned Russian companies, including Russian military companies. Some of the electronic components shipped by Goltsev were later found in seized Russian weapons platforms and signals intelligence equipment in Ukraine.

“Today, Nikolay Goltsev joins the growing list of defendants held accountable for unlawfully procuring and profiting from the sale of U.S. technology to further Russia’s brutal war in Ukraine,” said Attorney General Merrick B. Garland. “The Justice Department is sparing no effort to ensure that those who violate America’s export controls to feed Russia’s war machine answer for their crimes in American courtrooms.”

“When Russia, its supporters, and its military companies lie and scheme their way around sanctions, they do not just violate the law – they endanger our Ukrainian allies and the freedoms they are fighting to protect,” said Secretary of Homeland Security Alejandro N. Mayorkas. “We cannot allow crimes like those committed by Mr. Goltsev to be ignored; to do so would only increase the risk they will be repeated. I commend the extraordinary Special Agents of Homeland Security Investigations who, alongside their federal and international law enforcement partners, are working diligently and bravely to support the people of Ukraine and hold accountable the perpetrators of Russia’s unlawful, unjust, and unprovoked war of aggression.”

“Today’s sentencing brings accountability to Nikolay Goltsev for his conspiracy to ship millions of dollars of electronics to Russia in support of its unprovoked invasion of Ukraine,” said FBI Director Christopher Wray. “Goltsev and his co-conspirators circumvented U.S. export control laws, used intermediary front companies to hide their crimes, and sold sophisticated electronics to Russia for use in its weapons platforms and signals intelligence equipment. The FBI is committed to working with our partners to investigate, disrupt, and hold accountable those who violate U.S. laws and provide aid to our adversaries.”

“Goltsev’s sentence sends a strong message that those who break our laws and contribute to Russia’s brutal war in Ukraine will be held accountable,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department of Justice will vigorously pursue those who procure the component parts that make Russia’s war machine tick. This case demonstrates that these wrongdoers will be found and punished accordingly.”

“Goltsev and his wife thought they would ‘get rich’ by running an illicit global procurement scheme to supply sanctioned end users in Russia,” said Acting Assistant Secretary for Export Enforcement Kevin J. Kurland of the Department of Commerce. “Instead, they got jail time.”

“Simply put, Russia cannot effectively manufacture advanced weapons without U.S. technology,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Today’s sentence goes a long way in preventing Russia’s access to U.S. electronics for use in the unlawful war against Ukraine. Today’s sentencing makes clear that the United States Attorney’s Office is committed to stopping Russia’s illicit acquisition of U.S. technology.”

Goltsev used two Brooklyn companies, SH Brothers Inc. and SN Electronics Inc., to unlawfully source, purchase and ship millions of dollars in dual-use electronics from U.S. manufacturers to sanctioned end users in Russia. Some of the electronic components and integrated circuits shipped by the defendants through SH Brothers have been found in seized Russian weapons platforms and signals intelligence equipment in Ukraine. Some of these components were critical to Russia’s precision-guided weapons systems being used against Ukraine. During the period charged in the indictment, SH Brothers made hundreds of shipments valued at over $7 million to Russia.

To carry out the defendants’ criminal scheme, Goltsev purchased the electronic components from U.S. manufacturers and distributors under the auspices of SH Brothers and SN Electronics and arranged for the items to be shipped from those manufacturers and distributors to various locations in Brooklyn. The co-conspirators then unlawfully shipped the items to a variety of intermediary front companies located in other countries, including Turkey, Hong Kong, India, China and the United Arab Emirates, where they were rerouted to Russia.

Goltsev’s communications show that he had a sophisticated understanding of export control laws. For example, in a message in February 2023, Goltsev advised another co-defendant to “write something more substantial [to the U.S. company] so that there are no more questions.” The co-defendant responded, “is it better to provide them with a Chinese end user,” to which Goltsev stated, “yes should be ok.”

Goltsev’s communications also show that he knew the electronic components were going to Russia for use in Ukraine and support of Russia. In a May 30, 2023 text message conversation between co-defendant Kristina Puzyreva, Goltsev’s wife, the defendants discussed a drone attack in Moscow and their support of Russia:

Puzyreva: what is Putin waiting for.  He needs to destroy Ukraine.

Goltsev: yeah they’re gonna get f—ed either way.

Puzyreva: He needs to put fear into them.  Those losers.

Goltsev: Well the way he is acting they have the right to do the same.

Puzyreva: I hate [ethnic slur for Ukrainians] anyway.

The scheme involved millions of dollars and proved to be lucrative for the defendants. In a text message exchange on or about Jan. 13, 2023, Goltsev complained to Puzyreva that a subordinate of a co-conspirator “asked me to make 80 accounts . . . I am making accounts for 3 mln [i.e., million]. Fingers hurting already from the laptop.” Puzyreva responded, “Lot of money? We will get rich.”

The government seized $20,000 in cash from the New York hotel room in which defendant Goltsev was arrested. In total, the government has seized approximately $1.68 million in connection with this export scheme.

On July 24, co-defendant Kristina Puzyreva was sentenced to 24 months in prison for conspiracy to launder the proceeds of the export scheme. Co-defendant Salimdzhon Nasriddinov is awaiting sentencing.

The BIS, HSI, and FBI are investigating the case. U.S. Customs and Border Protection and Justice Department’s Office of International Affairs provided valuable assistance to the investigation. 

Assistant U.S. Attorneys Artie McConnell, Ellen H. Sise, and Laura Mantell for the Eastern District of New York and Trial Attorney Christopher M. Cook of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

The case was coordinated through the Justice and Commerce Departments’ Disruptive Technology Strike Force and the Justice Department’s Task Force KleptoCapture. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states. Task Force KleptoCapture is an an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export controls and economic countermeasures that, beginning in 2014, the United States, along with its foreign allies and partners, has imposed in response to Russia’s unprovoked military invasion of Ukraine. Announced by the Attorney General on March 2, 2022, and under the leadership of the Office of the Deputy Attorney General, the task force will continue to leverage all of the department’s tools and authorities to combat efforts to evade or undermine the collective actions taken by the U.S. government in response to Russian military aggression.

Security News: South Florida Payroll Services Company Owner Pleads Guilty to Employment Tax Crimes

Source: United States Department of Justice 2

A Florida man pleaded guilty today to not paying employment taxes withheld from his employees’ pay and to filing a false tax return.

According to court documents and statements made in court, Matthew Brown, of Martin County, owned and operated businesses in and around Martin County. One of these businesses was Elite Payroll, a payroll services company. Elite Payroll provided such services to small businesses in and around St. Lucie, Martin and Palm Beach Counties. This included withholding Social Security, Medicare and federal income taxes from the wages of its clients’ employees, and then paying over those funds to the IRS.

Between 2014 and 2022, Brown did not pay over $20 million in taxes withheld from clients of Elite Payroll and from other businesses he controlled. Brown charged his clients the full amount of their tax liabilities, filed false tax returns with the IRS substantially underreporting those liabilities, and pocketed the difference.

Instead of paying over the funds he held in trust for Elite Payroll’s clients, Brown purchased commercial and residential real estate, including his multi-million-dollar home, and high-value luxury assets including a Valhalla 55 Sport Yacht, a Falcon 50 Aircraft and a collection of cars including Ferraris, Porsches and Rolls Royces.

In total, Brown caused a tax loss to the IRS of over $22 million.

Brown will be sentenced at a later date. He faces a maximum penalty of five years in prison, 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 Markenzy Lapointe for the Southern District of Florida made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Andrew Ascencio and Ashley Stein of the Tax Division and Assistant U.S. Attorney Michael Porter for the Southern District of Florida are prosecuting the case. Former Assistant U.S. Attorney Diana Acosta assisted in the investigation.

Former Virginia Business Owner Pleads Guilty to Employment Tax Fraud

Source: United States Department of Justice Criminal Division

A Virginia man and former business owner pleaded guilty yesterday to not accounting for and paying employment taxes to the IRS.

According to court documents and statements made in court, Richard E. Moore, of Augusta County, was the executive vice president and part owner of Nexus Services Inc., a Verona-based company that offered bond securitization and other services to immigrants detained by U.S. Immigration and Customs Enforcement. Moore, who exercised control over Nexus’s business and financial affairs, was responsible for withholding Social Security, Medicare and income taxes from Nexus’s employees’ wages and paying those funds over to the IRS. He was also responsible for filing quarterly employment tax returns. For many quarters between the first quarter of 2015 and first quarter of 2024, Moore withheld the funds but did not pay them over to the IRS and did not file the returns.

In total, he caused a tax loss to the IRS of approximately $3.1 million.

Moore’s sentencing will be scheduled for a later date. He faces a maximum penalty of five years in prison for each count of failing to pay employment taxes. 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 Acting U.S. Attorney Zachary T. Lee for the Western District of Virginia made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys William Montague and Matthew Hicks of the Tax Division are prosecuting the case.