Category: US Department of Justice

Source: United States Department of Justice Criminal Division

Prysmian Cables and Systems USA LLC (Prysmian), located in Abbeville, South Carolina, has agreed to pay $920,000 to settle allegations that it violated the False Claims Act by knowingly falsifying test results and failing to conduct required testing on military cable, known as M13486 cable, that was used in vehicles manufactured for use by the military. The alleged misconduct took place from approximately 2005 to 2021 at a facility in Paragould, Arkansas. Prysmian acquired the Paragould facility in 2018. The settlement resolves allegations disclosed by Prysmian under the Federal Acquisition Regulation (FAR)’s mandatory disclosure rule that Prysmian and prior owners of the Paragould facility had failed to conduct several required tests and, instead, had prepared and submitted to the United States falsified test results and false certifications of compliance.

In early 2021, a Defense Logistics Agency employee noticed discrepancies between the cable manufacturing and testing dates on test data submitted by Prysmian and refused to accept the test data, which triggered an internal investigation at Prysmian. As a result of its investigation, Prysmian terminated four employees involved in the alleged misconduct, including its quality manager, quality systems coordinator, quality engineer and product development supervisor. Prysmian also repurchased all suspect cable that had been shipped to its distributor and made a mandatory disclosure under the FAR. Prysmian cooperated with the United States’ subsequent investigation. 

“Companies who do business with the United States must comply with their contractual commitments,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable government contractors who knowingly fail to perform required services or misrepresent their performance of such services, including mandatory testing requirements.”

“The manufacturing of defective products, including ones intended for use in military vehicles, creates a significant risk to America’s warfighters,” said Acting Special Agent in Charge Ryan Settle of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Southwest Field Office. “DCIS remains committed to working with our law enforcement partners and the Justice Department to hold accountable those who commit fraudulent activity that impacts the Department of Defense.”

DCIS and the Army Criminal Investigation Division investigated the case.

Senior Trial Counsel Alicia J. Bentley of the Civil Division handled the matter.

The claims against Prysmian resolved by the settlement are allegations only and there has been no determination of liability.

Settlement

Source: United States Department of Justice Criminal Division

The Justice Department has reached an agreement with “Jasmine” Loo Ai Swan (Loo), the former general counsel of 1Malaysia Development Berhad (1MDB), Malaysia’s sovereign investment development fund, to recover artwork by Pablo Picasso and a financial account in Switzerland traced to funds allegedly embezzled from 1MDB. Additionally, the Justice Department has obtained forfeiture orders on other assets allegedly purchased with 1MDB funds by Low Taek Jho, also known as Jho Low (Low), including diamond jewelry and artwork by Vincent Van Gogh, Claude Monet, Pablo Picasso, Jean-Michel Basquiat, and Diane Arbus. 

The department previously brought numerous civil forfeiture cases against assets that it alleges were acquired by Low and his co-conspirators using funds allegedly embezzled from 1MDB. According to the civil forfeiture complaints, from 2009 through 2015, more than $4.5 billion in funds belonging to 1MDB were allegedly misappropriated by high-level officials of 1MDB and their associates, including Low and Loo, through a criminal conspiracy involving international money laundering and bribery. 1MDB was created by the government of Malaysia to promote economic development in Malaysia through global partnerships and foreign direct investment. Its funds were intended to be used to improve the well-being of the Malaysian people.

The agreement with Loo resolves the civil forfeiture action against the Picasso artwork and financial account in Switzerland under her control, which are collectively valued at approximately $1.8 million. The agreement with Loo announced today does not release any criminal claims against her. 

The forfeiture of the other artwork and jewelry allegedly purchased by Low, which is based on a recent settlement agreement entered into in connection with the real estate and artwork forfeitures in two other cases, resolves three additional civil forfeiture cases filed in the U.S. District Court for the Central District of California.  The collective value of these assets, together with the Loo assets, is estimated to be nearly $85 million.   

Prior to this settlement, in total, the United States has returned or assisted in the return to Malaysia of over $1.4 billion in assets associated with the international money laundering, embezzlement, and bribery scheme.  

Low separately faces criminal charges in the Eastern District of New York for allegedly conspiring to launder billions of dollars embezzled from 1MDB and for conspiring to violate the Foreign Corrupt Practices Act by allegedly paying bribes to various Malaysian and Emirati officials, and in the District of Columbia for allegedly conspiring to make and conceal foreign and conduit campaign contributions during the United States presidential election in 2012. The agreement with Loo announced today does not release any entity or individual from filed or potential criminal charges.

The FBI’s International Corruption Squads in New York City and Los Angeles and IRS Criminal Investigation Los Angeles Field Office are investigating the case.  

Trial Attorneys Barbara Levy, Sean Fern, Jonathan Baum, and Joshua Sohn of the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) and Assistant U.S. Attorney Jonathan Galatzan for the Central District of California are prosecuting the case, with significant assistance from the Justice Department’s Office of International Affairs and MLARS’ Program Management Staff.

The Justice Department also appreciates the significant assistance provided over the course of this investigation and in particular related to the recovery of these assets by the Attorney General’s Chambers of Malaysia, the Royal Malaysia Police, the Malaysian Anti-Corruption Commission, the Attorney-General’s Chambers of Singapore, the Singapore Police Force-Commercial Affairs Department, the Office of the Attorney General and the Federal Office of Justice of Switzerland, and the Attorney General’s Chambers of the Territory of the British Virgin Islands.

The Kleptocracy Asset Recovery Initiative is led by a team of dedicated prosecutors in MLARS, in partnership with federal law enforcement agencies, and often with U.S. Attorneys’ Offices, to forfeit the proceeds of foreign official corruption. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to kleptocracy@usdoj.gov or https://tips.fbi.gov/.

Source: United States Department of Justice Criminal Division

Andrezj Boryga, 67, pleaded guilty and was sentenced today to 24 months in prison and two years of supervised release for willfully transmitting in interstate commerce threats to injure other people and for choosing his victims because of their religion.

According to the records filed in the case, between July 9 and Dec. 14, 2022, Boryga left voicemails at Anti-Defamation League offices located in New York, Texas, Colorado, and Nevada. Boryga used antisemitic slurs on eight voicemails as he threatened to assault or kill Jewish people.

In the last few months, the Justice Department has brought charges, obtained plea agreements, and obtained sentences for more than 30 defendants for criminal acts motivated by antisemitic hate.

“Hate-fueled threats of violence seek to fracture our society and isolate communities from one another,” said Attorney General Merrick B. Garland. “This defendant made heinous, repeated violent threats targeting Jewish people and organizations. His actions were not just heinous, they were unlawful. This case represents the latest effort by the Justice Department to combat the disturbing increase in threats against Jews and Jewish institutions across the United States that we have seen in the wake of October 7th. We will continue to aggressively investigate and prosecute threats and acts of violence motivated by antisemitism and by hatred of any kind.”

“The defendant’s vile and graphic threats demonstrated his hate-filled mindset, and the death threats levied caused genuine fear for the people who received them,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This type of antisemitic, hate-fueled conduct offends our most basic values and has no place in our society. This sentence should send a clear message to perpetrators and would-be perpetrators of hate crimes that we will not hesitate to prosecute those who threaten violence against the Jewish community.”

“Everyone in our country should be able to sit in safety regardless of how they worship, free from bigoted threats meant to make them afraid,” said U.S. Attorney Zachary A. Myers for the Southern District of Indiana. “This criminal’s horrific threats sought to put fear into Jewish communities. Violent antisemitism and bigotry must be given no sanction in this country. Our office will continue to work closely with our partners at the Civil Rights Division and the FBI to hold criminals accountable for hate-based threats and violence.”

The FBI Indianapolis Field Office investigated the case.

Assistant U.S. Attorney Peter A. Blackett for the Southern District of Indiana and Trial Attorney Anita Channapati of Civil Rights Division’s Criminal Section prosecuted the case.

Source: United States Department of Justice Criminal Division

Today, Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division, Chair Lina M. Khan of the Federal Trade Commission, Executive Vice President Margrethe Vestager of the European Commission and Chief Executive Sarah Cardell of the U.K. Competition and Markets Authority issued a joint statement on competition in generative AI foundation models and AI products.

Through this joint statement, the four antitrust enforcers pledged to use their available powers to promote effective competition in AI to ensure the public reaps the full benefits of these technologies. The statement is available at www.justice.gov/atr/media/1361306/dl?inline.

Source: United States Department of Justice Criminal Division

Two residents of Santiago de los Caballeros, Dominican Republic, were extradited to the United States last week and made their initial appearance in Newark federal court yesterday on charges relating to their participation in a sprawling “grandparent scam” that defrauded elderly Americans out of millions of dollars.

Rafael Ambiorix Rodriguez Guzman, also known as Max Morgan, 59, and Felix Samuel Reynoso Ventura, also known as Fili and Filly The Kid, 37, are among 11 Dominican Nationals charged in a 19-count indictment filed in the U.S. District Court for the District of New Jersey that was unsealed on April 29. Following their initial appearance yesterday, the court ordered both men detained pending trial.

According to the indictment, Rodriguez Guzman, Reynoso Ventura and their co-conspirators engaged in a long-running “grandparent” or “family in need of bail” scam against hundreds of seniors across the United States, including in New Jersey, New York, Pennsylvania and Massachusetts. Both Rodriguez Guzman and Reynoso Ventura are alleged to have worked in the call centers in the Dominican Republic from which the scam operated, where they phoned elderly Americans and sought to steal their money.

As detailed in court filings, members of the conspiracy referred to as “openers” called elderly victims in the United States and impersonated the victims’ children, grandchildren or other close relatives. The call centers used technology to make it appear that the calls were coming from inside the United States. Typically, the victim was told that their grandchild had been in a car accident, was arrested in connection with an accident and needed help.

Once openers tricked victims into believing their loved ones were in dire trouble, others working at the call centers, known as “closers” — including Rodriguez Guzman and Reynoso Ventura — allegedly impersonated defense attorneys, police officers or court personnel and convinced victims to provide thousands of dollars in cash to help their loved ones. The cash was typically retrieved by couriers sent to the victims’ homes or mailed by victims at the direction of the closers.

Rodriguez Guzman and Reynoso Ventura each face multiple charges, including mail and wire fraud conspiracy, wire fraud, mail fraud and conspiracy to commit money laundering. If convicted, they each face a maximum penalty of 20 years in prison for each count, a maximum fine of $250,000 for each count of the mail and wire fraud charges and a maximum fine of $500,000 for money laundering conspiracy.

“The Justice Department’s Consumer Protection Branch and its law enforcement partners will vigorously pursue criminals who defraud victims through so-called ‘grandparent scams,’” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to identify perpetrators of these schemes and prioritize the pursuit of those who deliberately target vulnerable Americans from abroad.  We thank the government of the Dominican Republic for extraditing these defendants to the United States to face charges.”

“As alleged, these two defendants played a role in a scheme that relied on the love and devotion of elderly victims in order to cheat them out of millions of dollars,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “In this ‘grandparents’ scam,’ some of the defendants allegedly impersonated grandchildren in distress, claiming, for example, they had been arrested after a car accident involving a pregnant woman who later miscarried, and they needed immediate cash for bail or a lawyer. Conspirators like Rodriguez Guzman and Reynoso Ventura allegedly impersonated a variety of people – police officers, lawyers and others – to convince the victims to pay up, which the panic-stricken grandparents often did. My office is committed to protecting the rights of all victims, and we will relentlessly prosecute those who allegedly target vulnerable seniors to steal their hard-earned savings.”

“These defendants and their co-conspirators are accused of heartlessly robbing countless elderly victims of their precious time and often their life savings – all from more than 1,500 miles away, said Special Agent in Charge Ivan J. Arvelo of Homeland Security Investigations (HSI) New York. “Rafael Ambiorix Rodriguez Guzman and Felix Samuel Reynoso Ventura were among the 16 individuals charged in this appalling scheme, which spanned at least four U.S. states and allegedly threatened hundreds of innocent Americans’ livelihoods. The merciless greed of perpetrators is boundless, but is no match for HSI New York’s El Dorado Task Force, its Cyber Intrusion Group and the greater law enforcement community. I am proud to stand alongside our global partners in our relentless commitment to the safety and overall wellbeing of the vulnerable public.”

“The grandparent scam is a cruel fraud scheme that deliberately preys on elderly and vulnerable persons within society. Perpetrators, often cowardly operating off-shore, cause extreme emotional and financial harm to the innocent people they target in commission of this crime,” said Acting Special Agent in Charge Bradley Parker of the Social Security Administration Office of the Inspector General (SSA-OIG) Boston New York Field Division. “SSA OIG proudly joined HSI, the FBI, the Justice Department and the NYPD in investigating these complex, international scams aimed at defrauding SSA beneficiaries and we appreciate the diligence of the U.S. Marshals Service in facilitating the extradition of these defendants from the Dominican Republic to New Jersey to hold them accountable for their actions.”

“We are now one step closer to holding accountable the alleged fraudsters who financially exploited hundreds of elderly Americans,” said Commissioner Edward A. Caban of the New York City Police Department (NYPD). “This should serve as a reminder to other criminals about the extensive reach of New York law enforcement and our unwavering commitment to delivering justice to all victims. I applaud our NYPD investigators and all of our federal partners for their dedication to this important case.”

HSI, SSA-OIG, NYPD and the FBI are investigating the case. The Justice Department’s Office of International Affairs provided significant assistance in securing the arrest and extradition from the Dominican Republic of the defendants with assistance from the United States Marshals Service. Justice Department officials also recognized the critical cooperation of the Dominican government in effecting the extradition of Rodriguez Guzman and Reynoso Ventura pursuant to the treaty between the two countries.

Trial Attorneys Jason Feldman, Joshua Ferrentino and Emily Powers of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Carolyn Silane for the District of Jersey 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 FTC 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.

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