Month: March 2025

Source: United States Department of Justice Criminal Division

The U.S. Trustee Program (USTP) recently obtained sanctions against four individuals connected to the filing of fraudulent bankruptcy petitions bearing forged signatures of a dead person in a scheme to stall a foreclosure and gain possession of real property.

On Feb. 20, the U.S. Bankruptcy Court for the Northern District of Georgia granted the U.S. Trustee’s motion for sanctions against Emanuel Clark, Charles Freeman Jr., Patrick Iverson and Jacquelyn Duffy. Based on evidence presented by the U.S. Trustee’s Atlanta office, the court found that the four individuals presented or were responsible for presenting four forged bankruptcy petitions in the name of a person who had died more than a year earlier. Each of the four successive petitions halted a scheduled foreclosure sale on the dead person’s property, which had been fraudulently deeded postmortem to a company controlled by Clark. The court further found that the four individuals knowingly engaged in a fraud on the court and entered an order prohibiting them from presenting further bankruptcy petitions to the court unless they are the named debtor or the named debtor’s attorney.

In its order, the bankruptcy court also credited the U.S. Trustee with identifying “a system of fraud and abuse” in the four cases as well as several other petitions presented for filing by Clark, Freeman, Iverson, and Duffy. The four individuals “intentionally engaged in a pattern and practice of filing forged or suspicious property deeds and presenting skeletal pro se petitions to the court for improper purposes, often in the name of deceased persons.” Additionally, the order noted that Clark and Freeman were serial abusive filers of bankruptcy petitions in their own names.

“These four swindlers abused the bankruptcy system in an attempt to fraudulently obtain property in the wake of the owner’s death and to obstruct a creditor from exercising its rights,” said Mary Ida Townson, U.S. Trustee for Region 21, which includes the Northern District of Georgia. “We will aggressively pursue bad-faith actors such as these to preserve the system for Americans who legitimately need relief.”

The USTP’s mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders — debtors, creditors and the public. The USTP consists of 21 regions with 89 field offices nationwide and an Executive Office in Washington, D.C. Learn more about the USTP at www.justice.gov/ust.

Source: United States Department of Justice Criminal Division

Patrick Walsh and 10 companies he owned or operated have agreed to enter into a consent judgment totaling $20,074,458.70 to resolve allegations that they violated the False Claims Act by knowingly providing false information in support of Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) loan applications. The 10 companies for which Walsh obtained fraudulent loans include American Blimp Company LLC; Walsh Family Land Corp.; Airsign Inc.; Airsign Airship Group LLC; Airsign Group LLC; Airsign Airships Latin America LLC; Airsign Airships Asia Pacific LLC; Airsign Airships Repair Station LLC; Aero Capital LLC; and Eagle Ridge Management Group LLC doing business as Shiloh Oil Company.

Congress created the PPP loan program and expanded access to the EIDL program in March 2020, as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, to provide emergency loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The PPP, administered by the U.S. Small Business Administration (SBA), was designed to provide low-interest, forgivable loans to applicants to help fund certain permissible expenses for qualifying businesses amidst the COVID‑19 pandemic, which included payroll costs, interest on mortgages, rent, and utilities. The EIDL program, also administered by the SBA, provides low-interest loans to small businesses in regions affected by declared disasters. PPP loans were guaranteed by the SBA, and EIDL loans were direct loans made by the SBA. To qualify under either program, a corporate representative submitted a loan application that, among other things, stated the number of the entity’s employees and certified that the borrower was an operating business that would use loan proceeds for eligible business expenses.

In this case, Walsh entered into a civil settlement in which he admitted to submitting PPP and EIDL loan applications on behalf of the companies listed above that provided false information about the companies’ employee rosters and payrolls. Some of the entities for which Walsh submitted loan applications were dormant or inactive. Walsh submitted additional EIDL applications in his wife’s name on behalf of certain corporations. In total, Walsh received approximately $7.8 million in fraudulent loans on behalf of various corporate entities. Walsh used those loan proceeds for impermissible personal purposes, including the purchase of a private island, investment in Texas oil interests, and paying off personal debts.  When Walsh defaulted on the PPP loans, the SBA paid the lenders in full pursuant to its guarantee obligations.  The SBA also paid for certain interest and processing fee expenses incurred by the lenders related to the loans.  Under the terms of the consent judgment, Walsh and the companies he owned or operated have agreed to the entry of judgments against them totaling $20,074,458.70.

In January 2023, Walsh pleaded guilty to one count of wire fraud and one count of money laundering in connection with the fraudulent loans and was sentenced to 66 months in federal prison, which he is currently serving. The court also ordered him to pay $7.8 million in restitution and entered a forfeiture order in the same amount.

“PPP and EIDL loans were intended to help small businesses during the pandemic,” said Acting Assistant Attorney General Yaakov M. Roth of the Justice Department’s Civil Division. “The department is committed to holding accountable those who undermined the purpose of these programs by knowingly obtaining and retaining loan proceeds for which they were not eligible.”

“Today’s civil resolution and the previously imposed 66-month period of incarceration should serve as a significant deterrent to others like the defendant who would attempt to steal millions of dollars from the American people and exploit Federal relief programs,” said Acting United States Attorney Michelle Spaven for the Northern District of Florida. “The Northern District of Florida is committed to protecting government programs from fraud, and we will hold those accountable who steal from the American taxpayers.”

“This settlement is a victory over bad actors seeking to exploit taxpayer-funded programs,” said Wendell Davis, General Counsel for the U.S. Small Business Administration. “SBA is committed to vigorously protecting the hard-earned money of the American people and ensuring that those who fraudulently obtain those funds are held accountable.”

The civil settlement stems from a whistleblower complaint filed in 2020 by Andrew Hersh, who performed information technology services for Walsh. The qui tam provisions of the False Claims Act permit private persons to bring a lawsuit on behalf of the government and to share in the proceeds of the suit. The qui tam lawsuit is captioned United States ex rel. Andrew Hersh v. Patrick Walsh et al., No. 1:20‑cv‑231 (N.D. Fla.). The amount that Mr. Hersh will receive as a share of the recovery has not yet been determined.   

The resolution obtained in this matter was the result of a coordinated effort among the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Northern District of Florida, with assistance from the SBA’s Office of General Counsel and the SBA’s Office of Inspector General.

The claims resolved by the settlement are allegations only, except for the matters admitted in Walsh’s guilty plea.

Source: United States Department of Justice Criminal Division

A federal judge sentenced former Savanna Oklahoma Police Officer (SPD), Jeffrey Scott Smith, 35, to 40 years in prison for sexually assaulting a woman during a traffic stop and obstructing justice by turning off his body-worn camera and dash camera in an effort to avoid recording the assault. This case represents the first sexual assault conviction and sentence under the 2022 Reauthorization of the Violence Against Women Act that added enhanced penalties for civil rights offenses involving sexual misconduct.

Evidence presented at trial established that on Nov. 2, 2022, Smith, working his first solo shift for SPD, conducted a traffic stop of the victim, K.H., and her then-boyfriend, J.G. After running their licenses, Smith realized that J.G.’s license had recently expired. He had J.G. and K.H. get out of J.G.’s car to switch who was driving. Smith issued J.G. a speeding ticket, and then began asking personal questions, including how long they had been in their relationship. At this point, while still speaking to J.G. and K.H., Smith manually deactivated his SPD body worn camera (BWC).

Smith then asked K.H. what she did for work. K.H. reluctantly admitted that she danced at a gentlemen’s club. Upon hearing K.H.’s answer, Smith asked to search J.G.’s car. During the search, Smith looked in K.H.’s purse and found a pre-rolled promotional marijuana cigarette from K.H.’s work. Rather than arrest her, or issue her a ticket, Smith walked back to his patrol car and manually deactivated his dashboard camera. Once the defendant had K.H. in his vehicle he sexually assaulted her.

“Smith’s despicable acts traumatized the victim and soiled the reputation of the law enforcement community,” said United States Attorney Christopher J. Wilson for the Eastern District of Oklahoma. “The sentence imposed is just punishment, and I am thankful to the FBI, the OSBI, and the prosecutors for their exceptional work in holding the defendant accountable for his crimes.”

“The entire law enforcement profession is disparaged when an officer betrays the oath to protect and serve. That is exactly what Mr. Smith did on his first solo shift as a police officer,” said Special Agent in Charge Doug Goodwater of the FBI Oklahoma City Field Office. “I am proud of the joint effort by the FBI, OSBI, and US Attorney’s Office to hold Smith accountable for his despicable actions. The sentence handed down today represents our commitment to pursuing justice for victims, and to protecting the reputation of those who wear the badge with integrity.”

The Oklahoma City FBI Field Office investigated the case with the assistance of the Oklahoma State Bureau of Investigation.

Trial Attorney Laura Gilson of the Civil Rights Division and Assistant U.S. Attorneys Nicole Paladino and Clay Compton for the Eastern District of Oklahoma prosecuted the case.

Source: United States Department of Justice Criminal Division

The U.S. Department of Justice today announced that eight defendants have pleaded guilty for their conduct in a long-running and violent conspiracy to monopolize the transmigrante forwarding agency industry in the Los Indios, Texas, border region near Harlingen and Brownsville, Texas. The three remaining defendants to the superseding indictment remain at large as fugitives. Transmigrantes are individuals who transport used vehicles and other goods from the United States through Mexico for resale in Central America. Transmigrante forwarding agencies are U.S.-based businesses that provide services to transmigrante clients, including helping those clients complete the customs paperwork required to export vehicles into Mexico.

“The Criminal Division is committed to holding violent criminal organizations accountable in whatever markets in which they operate,” said Matthew R. Galeotti, head of the Justice Department’s Criminal Division. “Transnational criminal organizations that use violence to dominate industries will be prosecuted to the fullest extent of the law.”

“These guilty pleas bring to justice individuals who used violence and extortion to fix prices and monopolize the market for essential services that Americans rely on to earn a living,” said Director of Criminal Enforcement Emma Burnham of the Justice Department’s Antitrust Division. “The Antitrust Division will continue to use every tool at its disposal to protect the public by prosecuting violent criminals – including those who aim to corrupt America’s free markets.”

“Price fixing harms both the public and the business community,” said U.S. Attorney Nicholas J. Ganjei for the Southern District of Texas. “Schemes like this artificially drive up prices, forcing consumers to pay more than they ordinarily would. At its core, such market collusion is nothing more than theft from consumers.”

“These defendants tried to rule through fear, using threats, violence and intimidation to eliminate competition,” said Assistant Director Chad Yarbrough of the FBI Criminal Investigative Division. “Their guilty pleas send a clear message that price fixing and market allocation are serious crimes, and we will hold those accountable who put profits over the law and fair commerce.”

“Today’s pleas reflect the relentlessness of the federal government’s pursuit of transnational criminal organizations that exploit international trade and the U.S. economy,” said Special Agent in Charge Craig Larrabee of Homeland Security Investigations (HSI) San Antonio. “This violent scheme was fueled by greed that undermined the safety and economic security of the border region; HSI has prioritized significant resources to protect the U.S. and our legitimate trade.”

According to documents filed in the U.S. District Court in Houston, defendants Carlos Martinez also known as “Cuate,” Pedro Antonio Calvillo Hernandez, Roberto Garcia Villareal, Sandra Guerra Medina, and Mireya Miranda pleaded guilty to one count of conspiracy to fix prices and allocate the market for transmigrante forwarding agency services in violation of Section 1 of the Sherman Act, and one count of conspiracy to monopolize the same market in violation of Section 2 of the Sherman Act. The conspirators fixed the prices for transmigrante forwarding agency services and created a centralized entity known as the “Pool” to collect and divide revenues among the conspirators, limit competition from other agencies, and increase prices for their services. Market participants who were not part of the conspiracy had to join and pay into the Pool. Pool members enforced the rules of the Pool by monitoring whether forwarding agencies were charging the agreed-upon prices, including by posting prices publicly on social media, and monitoring whether agencies were paying into the Pool as required.

Martinez, Calvillo, Villareal, and Carlos Yzaguirre pleaded guilty to one count of conspiracy to interfere with commerce by extortion. Martinez also pleaded guilty to one count of interference with commerce by extortion. The defendants conspired to force forwarding agencies to pay money to the Pool and to pay other extortion fees, including a “piso” for every transaction processed in the industry as well as a “fine” for operating in the market outside of Pool rules. The conspirators perpetrated acts of intimidation, coercion, and violence in furtherance of the antitrust and extortion conspiracies. Defendant Martinez was responsible for at least $9.5 million in extortion payments.

Martinez and Jose de Jesus Tapia Fernandez also pleaded guilty to a money laundering conspiracy, through which they laundered extortion proceeds. Cash obtained from the extortion conspiracy was deposited into bank accounts controlled by Martinez and his family, and those deposits were made to conceal and disguise the nature, source, ownership, and control of the proceeds. Juan Hector Ramirez Avila pleaded guilty to one count of structuring a financial transaction to evade reporting requirements.

Martinez agreed to forfeit four real properties and $375,000 in seized U.S. currency, to pay a fine, and to pay full restitution to extortion victims. Guerra, Miranda, Calvillo, and Villareal have also agreed to pay fines as part of their plea agreements.

Rigoberto Brown and Miguel Hipolito Caballero Aupart, and Diego Ceballos-Soto were also charged in the superseding indictment and remain fugitives. Anyone with information about their whereabouts is asked to contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.

Conspiracies to allocate the market, fix prices, or monopolize in violation of the Sherman Act carry a maximum penalty of 10 years’ imprisonment and a maximum $1 million fine for an individual. Conspiracy to interfere with commerce by extortion in violation of the Hobbs Act carries a maximum penalty of 20 years’ imprisonment and a maximum $250,000 fine. Money laundering conspiracy carries a maximum penalty of 20 years’ imprisonment and a maximum $500,000 fine. Structuring a financial transaction to evade reporting requirements carries a maximum penalty of five years’ imprisonment and a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Justice Department’s Antitrust Division, the Criminal Division’s Violent Crime and Racketeering Section (VCRS), the U.S. Attorney’s Office for the Southern District of Texas, HSI, and the FBI are investigating the case.

Trial Attorneys Brittany E. McClure, Anne Veldhuis, and Michael G. Lepage of the Antitrust Division, Trial Attorney Christina Taylor of VCRS, and Assistant U.S. Attorney Alexander L. Alum for the Southern District of Texas are prosecuting the case.

Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.

Source: United States Department of Justice Criminal Division

Cameron Monte Smith, 50, a Canadian citizen, was sentenced today to 150 months in prison per count, to be served consecutively, for two counts of destroying an energy facility — one incident in the District of North Dakota and another in the District of South Dakota.Smith was also ordered to pay $2.1 million in restitution.

According to court documents, on Sept. 11, 2024, Smith pleaded guilty to the two offenses where he admitted to damaging the Wheelock Substation, located near Ray, North Dakota, in an amount exceeding $100,000, in May 2023. The Wheelock substation is operated by Mountrail-Williams Electric Cooperative and Basin Electric Power Cooperative.

Smith also admitted to damaging a transformer and pumpstation of the Keystone Pipeline located near Carpenter, South Dakota, in an amount exceeding $100,000, in July 2022. Smith damaged the Wheelock substation and the Keystone Pipeline equipment by firing multiple rounds from a high-power rifle into the equipment resulting in disruption of electric services to the North Dakota customers and resulting in disruption of the Keystone Pipeline in South Dakota.

Sue Bai, head of the Justice Department’s National Security Division; Acting U.S. Attorney Jennifer Klemetsrud Puhl for the District of North Dakota; U.S. Attorney Alison Ramsdell for the District of South Dakota; and Assistant Director David J. Scott of the FBI’s Counterterrorism Division made the announcement.

The FBI investigated the case with valuable assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Williams County (North Dakota) Sheriff’s Office, the South Dakota Division of Criminal Investigation, the Clark County (South Dakota) Sheriff’s Department, and the Beadle County (South Dakota) Sheriff’s Department.

Assistant U.S. Attorneys David D. Hagler and Jonathan J. O’Konek for the District of South Dakota, Assistant U.S. Attorney Jeremy Jehangiri for the District of North Dakota, and Trial Attorneys Jacob Warren and Justin Sher of the National Security Division’s Counterterrorism Section prosecuted the case.