Month: January 2025

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it entered into an agreement to share $50 million in forfeited assets with the Republic of Estonia (Estonia) in recognition of Estonia’s assistance in the successful prosecution of Danske Bank and related forfeiture.

“Coordinating with our foreign law enforcement counterparts is critical in the fight against complex financial crime — which now, more than ever before, is transnational in nature,” said Principal Deputy Assistant Attorney General Brent S. Wible, head of the Justice Department’s Criminal Division.  “Today’s agreement to share $50 million in forfeited funds with Estonia recognizes Estonia’s valuable contribution to the successful U.S. prosecution of Danske Bank, which pleaded guilty for lying to U.S. banks about its inadequate anti-money laundering controls and high-risk, offshore customer base to gain access to the U.S. financial system. Estonia’s pledge to use the funds to combat financial crime, enhance asset recovery, and facilitate international cooperation reflects both countries’ commitment to invest in our vital law enforcement relationship to tackle complex cross-border crime.”

In December 2022, Danske Bank pleaded guilty to one count of conspiracy to commit bank fraud in a scheme to defraud U.S. banks regarding Danske Bank Estonia’s customers and anti-money laundering controls to facilitate access to the U.S. financial system. According to admissions and court documents, Danske Bank Estonia had a lucrative business line serving non-resident customers, whom it attracted by ensuring that those customers could transfer large amounts of money through Danske Bank Estonia with little, if any, oversight. Under the terms of the plea agreement, Danske Bank agreed to forfeit $2.059 billion. The Justice Department agreed to credit approximately $850 million in payments Danske Bank made in a coordinated criminal resolution with Danish authorities and a coordinated civil resolution with the U.S. Securities and Exchange Commission and forfeited approximately $1.2 billion. Estonia provided valuable law enforcement assistance in the Danske Bank investigation and ultimate resolution and forfeiture by providing evidence obtained in its investigation of individuals and in response to requests from U.S. authorities.

Under the agreement announced today, Estonia will use the funds to strengthen its capacity to fight financial crime. The shared funds must be used to 1) prevent, detect, investigate, and prosecute financial crime in all its forms, including money laundering, fraud, cybercrime, corruption, and terrorist financing; 2) provide cyber forensics, forensic accounting, counterintelligence, and other specialized education and training across the Baltic States and Nordic region, including as may be appropriate through a training center and collaboration with the United States; 3) enhance compliance with requirements and effective practices for combatting money laundering and the financing of terrorism, strengthen regulatory and administrative controls against money laundering and terrorist financing, and increase public awareness regarding financial crimes, white-collar crime, and financial fraud; and 4) enhance Estonian confiscation procedures and strengthen international cooperation in confiscation matters.

The agreement contains key measures to ensure transparency and accountability. Under the agreement, Estonia will establish an Implementing Commission composed of the heads of the Estonian Ministries of Justice and Digital Affairs, Internal Affairs, and Finance that will oversee the administration of funds and projects. In addition, expenditures will be subject to review by an independent external auditor. In recognition of the important bilaterial relationship of Estonia and the United States and their critical cooperation in law enforcement matters, the United States will serve as an advisor to the Implementing Commission.

Danske Bank was prosecuted by the Bank Integrity Unit of the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) and the U.S. Attorney’s Office for the Southern District of New York. The FBI investigated the case. The Justice Department’s Office of International Affairs provided critical assistance.

The Criminal Division, through MLARS’ International Unit, administers the Justice Department’s international asset forfeiture sharing program. Pursuant to federal law, and in coordination with the Departments of the Treasury and State, the Attorney General may share proceeds of successful forfeiture of property with foreign countries that participate in the seizure or forfeiture of the property.

Source: United States Department of Justice Criminal Division

A Florida man pleaded guilty today in the Southern District of Florida to charges of defrauding and conspiring to defraud investors in two public companies.

According to court documents, Theodore Farnsworth, 62, of Miami, engaged in schemes to defraud investors in Helios & Matheson Analytics Inc. (HMNY), a publicly traded Florida- and New York-based company that was the parent of MoviePass Inc. (MoviePass), and Vinco Ventures Inc. (Vinco), a publicly traded New York-based company. From August 2017 through March 2019, Farnsworth and his co-conspirators made materially false and misleading representations relating to HMNY’s and MoviePass’ business and operations to artificially inflate the price of HMNY stock and to attract new investors. At the time, Farnsworth was HMNY’s chairman and CEO. From November 2020 through September 2024, Farnsworth and his co-conspirators used the same strategy to defraud Vinco investors. Farnsworth also briefly served as Vinco’s CEO.

“Theodore Farnsworth — formerly the CEO of two publicly traded companies — repeatedly lied to the public to artificially inflate these companies’ stock prices, defraud investors, and enrich himself and his co-conspirators,” said Principal Deputy Assistant Attorney General Brent S. Wible, head of the Justice Department’s Criminal Division. “He concealed that MoviePass’ subscription model was a money-losing gimmick and falsely claimed that HMNY used artificial intelligence to monetize MoviePass’ subscriber data, among other misrepresentations. The Criminal Division is committed to protecting investors from criminals who engage in fraudulent schemes, including those that employ AI washing.”

“Theodore Farnsworth’s plans and promises for MoviePass seemed too good to be true — they were in fact part of a securities fraud scheme,” said Assistant Director in Charge James E. Dennehy of the FBI New York Field Office. “As he admitted today, Farnsworth’s ploys and boasts were actually lies and misrepresentations designed to boost stock prices. The FBI will continue to ensure anyone attempting to commit fraudulent schemes at the expense of investors is held accountable in the criminal justice system.”

MoviePass was a privately held company that offered subscribers a certain number of movie tickets per month at a flat monthly fee. HMNY acquired a majority ownership interest in MoviePass, after which MoviePass introduced a new “unlimited” plan that purported to allow new subscribers to see unlimited movies in theaters with no blackout dates for a flat monthly fee of $9.95 (the “unlimited” plan). Farnsworth and his co-conspirators falsely claimed that MoviePass’ “unlimited” plan was tested, sustainable, and would be profitable or break even on subscription fees alone. However, Farnsworth knew that the “unlimited” plan was a temporary marketing gimmick to attract new subscribers and, in turn, to artificially inflate HMNY’s stock price and attract new investors. In reality, MoviePass lost money from the “unlimited” plan.

In addition, Farnsworth falsely claimed that HMNY possessed and used technologies — such as “big data” and “artificial intelligence” capabilities — to generate revenue by analyzing and monetizing the data MoviePass collected from subscribers. But Farnsworth knew HMNY did not possess these capabilities to monetize MoviePass’ subscriber data and had incorporated any such technologies into the MoviePass application. The charges in this case, originally brought in 2022, represent one of the Criminal Division’s first “AI washing” cases.

Farnsworth also made false and misleading representations about the positive impact that multiple revenue streams (other than subscription fees) were having on MoviePass’ profitability and self-sufficiency. At the time, however, Farnsworth knew MoviePass did not have non-subscription revenue streams that would make MoviePass self-sufficient or otherwise offset the losses MoviePass experienced as a result of the unprofitable “unlimited” plan.

Additionally, Farnsworth falsely claimed that MoviePass’ cost of goods, as reflected in the number of tickets each subscriber purchased using their subscription, was naturally declining over time consistent with publicly stated expectations. In fact, Farnsworth and his co-conspirators directed MoviePass employees to implement numerous tactics to prevent certain subscribers from using the purportedly “unlimited” service to try to ease MoviePass’ cash shortfalls. These tactics included directing MoviePass employees to “throttle” subscribers who most frequently used the service to buy movie tickets, thereby inhibiting their ability to use the MoviePass service.

In addition to the fraud scheme related to HMNY and MoviePass, Farnsworth conspired with others to unjustly enrich themselves by falsely inflating the price of Vinco stock. Specifically, Farnsworth and his co-conspirators concealed from investors the true facts relating to the business and diverted the proceeds of the conspiracy for their personal use and benefit. Farnsworth and his co-conspirators took steps to conceal the conspiracy from regulators, law enforcement, investors, and the media.

Farnsworth pleaded guilty to one count of securities fraud and one count of conspiracy to commit securities fraud. He faces a maximum penalty of 20 years in prison on the securities fraud count and five years in prison on the conspiracy to commit securities fraud count. A sentencing hearing will be scheduled at a later date. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI New York Field Office is investigating the case.

Trial Attorneys Lauren Archer, Kate McCarthy, and Matthew Reilly of the Criminal Division’s Fraud Section are prosecuting the case. Trial Attorney Christopher Fenton of the Criminal Division’s Fraud Section provided substantial assistance with the investigation and prosecution.

Source: United States Department of Justice Criminal Division

A former Lieutenant with the New Castle, Indiana, Police Department was sentenced today to 151 months in prison for using excessive force against people in custody and obstructing justice by attempting to deceive investigators.

On Oct. 4, 2024, a federal jury convicted Aaron Jason Strong, 47, of three counts of deprivation of rights under color of law and one count of witness tampering. At trial, evidence introduced by the government established that Strong had intentionally used excessive force against people in police custody on multiple occasions.

“The severe sentence imposed on this former law enforcement official should send a clear message: ‘street justice’ has no place in 21st-century policing and violators will be held accountable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.  “The vicious and lawless abuse that Aaron Strong perpetrated has no place in modern law enforcement. This sentence reflects the senseless cruelty of the defendant’s conduct, the serious physical injuries inflicted on victims and the harms to society when those entrusted with public authority arrogate to themselves the power to mete out summary punishment.”

“Aaron Strong viciously beat, stomped, and shot three defenseless men with no lawful justification — causing serious injuries including a fractured spine,” said U.S. Attorney Zachary A. Myers for the Southern District of Indiana. “After good officers horrified by these abuses reported his actions, Strong lied in an attempt to cover up his crimes. The vast majority of police serve the public honorably, and when criminals like Aaron Strong violate their oaths and brutalize the public, an already difficult and dangerous profession grows even more so. Our U.S. Attorney’s Office and the Justice Department, together with our partners at the FBI and Indiana State Police, are committed to doing the work necessary to earn and keep the trust of the public. The serious prison sentence imposed here demonstrates that there are consequences for police brutality, because no one is above the law.”

Evidence presented at trial established that, in August 2019, then-Lieutenant Strong responded to another officer’s report of a foot chase. As Strong arrived, the suspect stopped running, put his hands up, said “I’m done” and lowered himself to the ground. As another officer approached to take the suspect into custody, Strong ran up and struck the suspect at least 12 times with a metal police baton, nearly striking a fellow officer. Other involved officers promptly reported the incident, and the Indiana State Police were called in to conduct an independent criminal investigation. During a meeting with the State Police investigator, Strong gave a false account of the incident in which he minimized his own use of force and exaggerated the danger posed by the suspect.

Strong was also convicted of using excessive force against two men being detained pending trial in a low-security annex of the Henry County, Indiana, jail. While assisting correctional officers with a dormitory search, Strong stomped on the head of a detainee who was complying with commands to lie on the ground. A few moments later, Strong approached a second inmate, who was kneeling, not moving, with his back to Strong, and shot him point-blank in the back with a less-lethal “beanbag” round, which Strong had been trained could cause death or serious bodily injury when used at short ranges. The impact from the round fractured the detainee’s spine.

The FBI Indianapolis Field Office and Indiana State Police investigated the case, with assistance from the New Castle Police Department.

Trial Attorney Alec Ward of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Peter Blackett for the Southern District of Indiana are prosecuting the case.

Source: United States Department of Justice Criminal Division

Attorneys General of Illinois and Massachusetts Join Suit Against RealPage and Apartment Landlords, Bringing Total State and Commonwealth Co-Plaintiffs to 10

The Justice Department, together with its state co-plaintiffs, filed an amended complaint today in its antitrust lawsuit against RealPage, to sue six of the nation’s largest landlords for participating in algorithmic pricing schemes that harmed renters.

The amended complaint alleges the landlords — Greystar Real Estate Partners LLC (Greystar); Blackstone’s LivCor LLC (LivCor); Camden Property Trust (Camden); Cushman & Wakefield Inc and Pinnacle Property Management Services LLC (Cushman); Willow Bridge Property Company LLC (Willow Bridge) and Cortland Management LLC (Cortland) — participated in an unlawful scheme to decrease competition among landlords in apartment pricing, harming millions of American renters. Together, these landlords operate more than 1.3 million units in 43 states and the District of Columbia. The Attorneys General of Illinois and Massachusetts joined the amended complaint as co-plaintiffs, increasing the total number of State and Commonwealth co-plaintiffs to 10. At the same time, the Justice Department filed a proposed consent decree with landlord Cortland that requires it to cooperate with the government, stop using its competitors’ sensitive data to set rents and stop using the same algorithm as its competitors without a corporate monitor.

“While Americans across the country struggled to afford housing, the landlords named in today’s lawsuit shared sensitive information about rental prices and used algorithms to coordinate to keep the price of rent high,” said Acting Assistant Attorney General Doha Mekki of the Justice Department’s Antitrust Division. “Today’s action against RealPage and six major landlords seeks to end their practice of putting profits over people and make housing more affordable for millions of people across the country.”

The amended complaint alleges that the six landlords actively participated in a scheme to set their rents using each other’s competitively sensitive information through common pricing algorithms.  Along with using RealPage’s anticompetitive pricing algorithms, these landlords coordinated through a variety of means, including:

• Directly communicating with competitors’ senior managers about rents, occupancy, and other competitively sensitive topics. In one example, Greystar supplied Camden with information not only about very recent renewal rates, but also its approach to pricing for the upcoming quarter, its acceptance of RealPage’s pricing recommendations, use of concessions and competitively sensitive information about occupancy. Likewise, executives at Camden and LivCor communicated over the course of months about their pricing strategies, including plans for certain price increases.
• Regularly conducting “call arounds.” During these discussions, euphemistically referred to as “market surveys,” property managers called or emailed competitors to share, and sometimes discuss, competitively sensitive information about rents, occupancy, pricing strategies and discounts.
• Participating in “user groups” hosted by RealPage. For instance, landlords discussed via user groups how to modify the software’s pricing methodology, as well as their own pricing strategies. In one example, LivCor and Willow Bridge executives participated in a user group discussion of plans for renewal increases, concessions and acceptance rates of RealPage rent recommendations.
• Sharing information with competitors about parameters in RealPage’s software. As an example, at the request of Willow Bridge’s director of revenue management, Greystar’s director of revenue management supplied its standard auto-accept parameters for RealPage’s software, including the daily and weekly limits and the days of the week for which Greystar used “auto-accept.”

The Justice Department also announced a proposed consent decree that, if approved by the court, would resolve its claims against Cortland, a landlord that manages over 80,000 rental units in 13 states. Under the proposed consent decree, Cortland would cooperate in the Justice Department’s investigation and litigation and be barred from, among other things:

• Using competitors’ competitively sensitive data to train or run any pricing model;
• Using third-party software or algorithms to price apartments without the supervision of a court-appointed monitor; and
• Soliciting, disclosing or using any competitively sensitive information with any other property manager as part of setting rental prices or generating rental pricing recommendations.

As required by the Tunney Act, the proposed consent decree, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed consent decree during a 60-day comment period to Chief, Technology and Digital Platforms Section, Antitrust Division, Department of Justice, 450 Fifth Street NW, Suite 8600, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the Middle District of North Carolina may enter the final judgment upon finding it is in the public interest.

Co-plaintiffs in the case are the Attorneys General of California, Colorado, Connecticut, Illinois, Massachusetts, Minnesota, North Carolina, Oregon, Tennessee and Washington.

Greystar is headquartered in Charleston, South Carolina; LivCor and Cushman & Wakefield (whose residential property management business formerly operated independently as Pinnacle) are headquartered in Chicago; Willow Bridge (formerly known as Lincoln Residential) is headquartered in Dallas; Camden is headquartered in Houston; and Cortland is headquartered in Atlanta. All manage multifamily apartment buildings; several own some or all of the properties under their management.

Source: United States Department of Justice Criminal Division

A Florida woman was sentenced today to 30 months in prison for her role in a money laundering conspiracy connected to romance scams that defrauded American victims.

Cristine Petitfrere, 30, of Miramar, Florida, was sentenced after admitting to personally laundering millions of dollars as part of her participation in the conspiracy. Petitfrere helped to funnel large sums of money from victims of romance scams into the hands of her overseas co-conspirators, retaining a portion as payment for her services and transferring the rest.

Romance scams target unsuspecting individuals, many of whom are seeking companionship online, and involve fraudsters who create fake personas to build relationships with victims. The fraudsters then convince victims to send money, often under false pretenses such as emergency situations or investments. These schemes not only cause significant financial losses, but also deeply impact the lives of victims.

Petitfrere pleaded guilty to conspiracy to commit money laundering in the Southern District of Florida in September 2024. According to her plea agreement, Petitfrere personally laundered over $2.7 million of criminal proceeds. As part of her sentence, Petitfrere was ordered to forfeit $203,815.59 in proceeds that she personally received from the offense.

“Romance scams are a growing threat to Americans, particularly to the elderly and vulnerable,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to vigorously pursue those who help facilitate these criminal enterprises, whether they work on the frontlines of deception or behind the scenes.”

The FBI Miami Field Office investigated the case.

Trial Attorneys Matthew A. Robinson and Lauren M. Elfner of the Civil Division’s Consumer Protection Branch are prosecuting the case.

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 at 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.

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. Elder fraud complaints may be filed with the Federal Trade Commission at www.reportfraud.ftc.gov/ or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.