Category: Security News

Source: United States Department of Justice Criminal Division

A federal grand jury in Nashville returned an indictment yesterday charging a former business owner with willfully failing to account for and pay over employment taxes to the IRS.

According to the indictment, from at least 2011 through 2023, Mari Alexander, of Columbia, South Carolina, was the owner and president of Ross Behavioral Group, a mental health counseling center with multiple locations in middle Tennessee. Alexander controlled Ross Behavioral Group’s financial affairs and was responsible for withholding Social Security, Medicare and federal income taxes from employees’ wages and paying them over to the IRS. From at least 2015 through 2020, Alexander allegedly withheld these taxes from her employees’ wages, but did not fully pay the withheld taxes over to the IRS.

Each year, from at least 2015 through 2020, Alexander allegedly issued IRS Forms W-2, Wage and Tax Statements and paystubs to the employees that showed taxes taken out of their pay, which falsely implied that the withheld taxes were paid over to the IRS.

In total, Alexander is alleged to have caused a tax loss to the IRS of more than $1 million.

Alexander is charged with 11 counts of willfully failing to account for and pay over employment taxes. If convicted, she faces a maximum penalty of five years in prison on each count. She 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 Thomas J. Jaworski for the Middle District of Tennessee made the announcement.

IRS Criminal Investigation is investigating the case with assistance from the Social Security Administration’s Office of the Inspector General.

Trial Attorney Ashley J. Stein of the Tax Division and Assistant U.S. Attorney Mitchell T. Galloway for the Middle District of Tennessee are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. 

Source: United States Department of Justice Criminal Division

Four executives and a corporation were sentenced for participating in a long-running conspiracy to fix prices, rig bids and allocate jobs for ready-mix concrete in the greater Savannah, Georgia area.

James Clayton Pedrick, Gregory Hall Melton, John David Melton, Timothy “Bo” Strickland and Evans Concrete LLC were charged in September 2020 with conspiring to fix prices, rig bids and allocate jobs for the sale of ready-mix concrete used in residential, commercial and public projects. Pedrick, Strickland and Evans Concrete later pleaded guilty for their participation in this conspiracy. Gregory Hall Melton and John David Melton were convicted by a jury in the U.S. District Court in Savannah earlier this year. Argos USA LLC separately admitted to its role in the conspiracy and entered into a deferred prosecution agreement (DPA) with the Justice Department’s Antitrust Division in January 2021.

Gregory Hall Melton was sentenced today to 41 months in prison, and three years of supervised release and to pay a $50,000 fine. John David Melton was sentenced today to 26 months in prison, three years of supervised release and to pay a $10,000 fine. The court previously sentenced Strickland to five months in prison and to pay $150,000 fine, Pedrick to one year of probation and Evans Concrete to pay a $2.7 million fine. Argos USA LLC paid a $20 million criminal penalty as part of its DPA.

According to court documents, the defendants effectuated their conspiracy by coordinating the issuance of price-increase letters to customers, allocating specific ready-mix concrete jobs in the coastal Georgia area, and submitting bids to customers at collusive and noncompetitive prices. The charged conspiracy began as early as 2010 and continued until about July 2016.

“These sentences reflect the egregious nature of rigging bids for materials like ready-mix concrete which are essential to the American economy,” said Deputy Assistant Attorney General Manish Kumar of the Justice Department’s Antitrust Division. “The Antitrust Division and its law enforcement partners will hold accountable those who seek to exploit the critical need for these materials to harm consumers.”

“Concrete is an essential material in construction projects, with prices set in the free market by the forces of supply and demand,” said U.S. Attorney Jill E. Steinberg for the Southern District of Georgia. “However, the defendants in this case for several years illegally rigged the system to benefit themselves at the expense of customers and are being held accountable for their conduct.”

“Activities related to bid-rigging and collusion do not promote an environment conducive to open competition which harms the consumer,” said Executive Special Agent in Charge Kenneth Cleevely of U.S. Postal Service’s Office of Inspector General (USPS OIG). “The sentencing in this case represents a win for all law enforcement agencies who investigate those who engage in this type of harmful conduct to ensure that justice is served.”

“The sentences imposed today send a clear message to anyone who chooses corporate greed over open and fair competition,” said Special Agent in Charge Joseph Harris of the Department of Transportation’s Office of Inspector General (DOT OIG), Southern Region. “Our commitment to working with our law enforcement partners and DOJ’s Antitrust Division is unwavering as we continue to pursue and uncover corrupt conduct and hold companies that intentionally engage in wrongdoing accountable.”

The FBI Washington Field Office, DOT OIG and USPS OIG investigated the case.

Trial Attorney Patrick S. Brown and former Trial Attorney Julia M. Maloney of the Antitrust Division’s Washington Criminal Section and Assistant U.S. Attorney E. Greg Gilluly Jr. for the Southern District of Georgia prosecuted the case.

Anyone with information on bid rigging, price fixing, market allocation or other anticompetitive conduct in the ready-mix concrete industry 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

Attorney General Merrick B. Garland today announced that Stephanie M. Hinds has been appointed as the Director of the Executive Office for U.S. Attorneys (EOUSA).

“Stephanie is a superb leader with decades of experience at the Justice Department who will be an outstanding advocate for all 94 of our U.S. Attorneys’ Offices across the country,” said Attorney General Garland. “Since joining the Justice Department 29 years ago, Stephanie has advanced its mission in a wide range of roles. The Justice Department, and the American people, are fortunate to have her in this role. I am grateful to her for her continued dedication to this Department and to the public we serve.”

Prior to her appointment, Hinds served as Associate Deputy Attorney General beginning in May 2023. Hinds previously served as the Interim and Acting U.S. Attorney for the Northern District of California (NDCA) from March 2021 to March 2023. At NDCA since 1995, Hinds also served in various positions such as First Assistant U.S. Attorney, Deputy U.S. Attorney, Deputy Chief of the Criminal Division, Chief of the Asset Forfeiture Section, and as an Assistant U.S. Attorney.

Norman Wong, who has been serving as the Acting Director of EOUSA since July 1, 2023, will return to his position as Principal Deputy Director.

“Norm Wong has been an excellent steward of EOUSA since becoming Acting Director of the Office in July 2023,” said Attorney General Garland. “Norm is an extraordinary public servant, and I am grateful to him for all he has done and will continue to do on behalf of EOUSA.”

Learn more about EOUSA at www.justice.gov/usao.

Source: United States Department of Justice Criminal Division

An Alabama man was arrested by the FBI this morning in Athens, Alabama, on charges related to the January hack of the Securities and Exchange Commission (SEC)’s social media account on X, formerly known as Twitter.

According to court documents, on or about Jan. 9, Eric Council Jr., 25, of Athens, allegedly conspired with others to take unauthorized control of the SEC’s X account and, in the name of SEC Chair Gary Gensler, prematurely announced the approval of bitcoin Exchange Traded Funds. Immediately following the false announcement, the price of bitcoin increased by more than $1,000 per bitcoin. Shortly after this unauthorized post, the SEC regained control over its X account and confirmed that the announcement was unauthorized and the result of a security breach. Following this corrective disclosure, the value of BTC decreased by more than $2,000 per bitcoin.

The conspirators gained control of the SEC’s X account through an unauthorized Subscriber Identity Module (SIM) swap, allegedly carried out by Council. A SIM swap refers to the process of fraudulently inducing a cell phone carrier to reassign a cell phone number from the legitimate subscriber or user’s SIM card to a SIM card controlled by a criminal actor. As part of the scheme, Council and the co-conspirators allegedly created a fraudulent identification document in the victim’s name, which Council used to impersonate the victim; took over the victim’s cellular telephone account; and accessed the online social media account linked to the victim’s cellular phone number for the purpose of accessing the SEC’s X account and generating the fraudulent post in the name of SEC Chairman Gensler.

“The indictment alleges that Eric Council Jr. unlawfully accessed the SEC’s account on X by using the stolen identity of a person who had access to the account to take over their cellphone number,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Council’s co-conspirators then allegedly used this unauthorized access to the X account to falsely announce that the SEC had approved listing bitcoin ETFs, which caused the price of bitcoin to rise by $1,000 and then fall by $2,000. Council’s indictment underscores the Criminal Division’s commitment to countering cybercrime, especially when it threatens the integrity of financial markets.”

“These SIM swapping schemes, where fraudsters trick service providers into giving them control of unsuspecting victims’ phones, can result in devastating financial losses to victims and leaks of sensitive personal and private information,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “Here, the conspirators allegedly used their illegal access to a phone to manipulate financial markets. Through indictments like this, we will hold accountable those who commit these serious crimes.”

“The FBI works to identify, disrupt, and investigate cyber-enabled frauds, including SIM swapping,” said Acting Special Agent in Charge David E. Geist of the FBI Washington Field Office Criminal and Cyber Division. “SIM swapping is a method bad actors exploit to illicitly access sensitive information of an individual or company, with the intent of perpetrating a crime. In this case, the unauthorized actor allegedly utilized SIM swapping to manipulate the global financial market. The FBI will continue to work tirelessly with our law enforcement partners around the country and globe to hold accountable those who break U.S. laws.”

“This criminal indictment demonstrates our commitment to holding bad actors accountable for undermining the integrity of the financial markets,” said Inspector General Deborah Jeffrey of the SEC.

A federal grand jury in the District of Columbia returned an indictment on Oct. 10 charging Council with one count of conspiracy to commit aggravated identity theft and access device fraud. If convicted, he faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Washington Field Office and SEC Office of Inspector General are investigating the case.

Trial Attorney Ashley Pungello of the Criminal Division’s Computer Crime and Intellectual Property Section, Trial Attorney Lauren Archer of the Criminal Division’s Fraud Section, and Assistant U.S. Attorney Kevin Rosenberg for the District of Columbia are prosecuting the case.

For more information on SIM swapping, go to www.ic3.gov/PSA/2024/PSA240411.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.