Category: US Department of Justice

Source: United States Department of Justice Criminal Division

Scheme Victimized Hundreds of Thousands of People in United States and Abroad 

Two Estonian nationals pleaded guilty yesterday for their operation of a massive, multi-faceted cryptocurrency Ponzi scheme that victimized hundreds of thousands of people from across the world, including in the United States. As part of the defendants’ guilty pleas, they agreed to forfeit assets valued over $400 million obtained during the conspiracy.

According to court documents, Sergei Potapenko and Ivan Turõgin, both 40, sold contracts to customers entitling them to a share of cryptocurrency mined by the defendants’ purported cryptocurrency mining service, HashFlare. Cryptocurrency mining is the process of using computers to generate cryptocurrency, such as Bitcoin, for profit.

Between 2015 and 2019, Hashflare’s sales totaled more than $577 million, but HashFlare did not possess the requisite computing capacity to perform the vast majority of the mining the defendants told HashFlare customers it performed. HashFlare’s web-based dashboard, which purported to show customers their mining profits, instead reflected falsified data. Potapenko and Turõgin used the proceeds of the fraud conspiracy to purchase real estate and luxury vehicles and maintained investment and cryptocurrency accounts. Potapenko and Turõgin have agreed to forfeit assets worth, as of the date of the plea, more than $400 million. The forfeited assets will be available for a remission process to compensate victims of the crime. Details about the remission process will be announced at a later date.

Potapenko and Turõgin each pleaded guilty to one count of conspiracy to commit wire fraud. They are scheduled to be sentenced on May 8 and each face a maximum penalty 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 Justice Department thanks the Cybercrime Bureau of the Estonian Police and Border Guard for its support with this investigation. The Estonian Prosecutor General and Ministry of Justice and Digital Affairs provided substantial assistance with the extradition. The Justice Department’s Office of International Affairs provided extensive assistance to the investigation and the extradition of the defendants.

Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division, Acting U.S. Attorney Teal Luthy Miller for the Western District of Washington, Assistant Director Chad Yarbrough of the FBI’s Criminal Investigative Division, and Special Agent in Charge W. Mike Herrington of the FBI Seattle Field Office made the announcement.

The FBI Seattle Field Office investigated the case.

Trial Attorneys Adrienne E. Rosen and David Ginensky of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorneys Andrew Friedman and Sok Jiang for the Western District of Washington are prosecuting the case. Assistant U.S. Attorney Jehiel Baer for the Western District of Washington is handling asset forfeiture aspects of the case.

Individuals who believe they may have been a victim in this case should visit www.fbi.gov/hashflare.

Source: United States Department of Justice Criminal Division

The Justice Department announced on Monday the successful conclusion of the United States’ agreement with the Evangeline Parish Sheriff’s Office (EPSO) in Louisiana to end its pattern or practice of conducting arrests in violation of the Fourth Amendment to the U.S. Constitution. After a thorough investigation, the United States found reasonable cause to believe that EPSO had unconstitutionally arrested and held people in jail without obtaining a warrant and without probable cause to believe the detained persons had committed a crime.

Under the 2018 agreement, EPSO made specific reforms to address the constitutional violations. EPSO developed policies, provided training, and improved adequate supervision to deputies to end the pattern or practice of unlawful seizures. EPSO also increased transparency by collecting and reporting data on its Fourth Amendment activities. Because EPSO has demonstrated full compliance with the agreement, the agreement is now terminated and the United States’ investigation is closed. The United States appreciates and acknowledges the effort and industry that EPSO committed to improve policing practices in Evangeline Parish.

The Violent Crime Control and Law Enforcement Act of 1994 prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of federally-protected rights. The Act also allows the Justice Department to remedy such misconduct through civil litigation.

To read the original press release announcing the findings of the investigation, click here. To read the report of the investigation, click here. To read the original EPSO Settlement Agreement, click here. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.

Source: United States Department of Justice Criminal Division

A New York man pleaded guilty yesterday in the Northern District of Georgia for his role in a scheme to defraud investors in connection with two commercial real estate investments.

According to court documents, Elchonon “Elie” Schwartz, 46, of New York City, engaged in a scheme to defraud investors who sought to invest in commercial real estate through the crowdfunding commercial real estate investing website CrowdStreet Marketplace (CrowdStreet). Beginning May 2022, Schwartz solicited investments through CrowdStreet for a large commercial real estate complex in Atlanta and ultimately raised approximately $54 million from about 654 investors. Beginning in November 2022, Schwartz solicited investments again through CrowdStreet in connection with a mixed-use building in Miami Beach, Florida, and ultimately raised approximately $8.8 million from about 167 investors. In total, Schwartz raised approximately $62.8 million from investors through CrowdStreet.

As part of the investment solicitation process, Schwartz executed agreements that stated, in part, that the funds raised from CrowdStreet investors would be held in segregated bank accounts controlled by Schwartz. In the documentation provided to CrowdStreet investors, Schwartz represented that he would only use the investors’ money to fund the investment in each property and that he had a fiduciary duty to safeguard the funds and to prohibit commingling or use of the money that did not benefit each investment.

Contrary to these representations, however, Schwartz misappropriated and converted the CrowdStreet investor funds for his own use. Schwartz directed substantially all the CrowdStreet investor money into his personal bank, personal brokerage account, and accounts for unrelated commercial real estate investments he controlled. For example, Schwartz used the CrowdStreet investor funds to purchase luxury watches, to invest in stocks and options in his brokerage account, and to pay for payroll expenses for his unrelated commercial real estate businesses. Ultimately, in mid-July 2023, the two corporate entities that Schwartz had formed to receive funds from CrowdStreet investors both filed for Chapter 11 bankruptcy.

Schwartz pleaded guilty to one count of wire fraud. He is scheduled to be sentenced on May 19 and faces a maximum penalty of 20 years in prison. 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.

Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division, Acting U.S. Attorney Richard S. Moultrie Jr. for the Northern District of Georgia, and Acting Special Agent in Charge Sean Burke of the FBI Atlanta Field Office made the announcement.

The FBI Atlanta Field Office investigated the case. The U.S. Securities and Exchange Commission’s Division of Enforcement provided valuable assistance in the investigation.

Trial Attorney Matthew F. Sullivan of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kelly Connors for the Northern District of Georgia are prosecuting the case. Former Assistant U.S. Attorneys David O’Neal and Christopher Huber for the Northern District of Georgia provided substantial assistance with the investigation and prosecution.

Source: United States Department of Justice Criminal Division

A four-count indictment was unsealed yesterday in the Middle District of Tennessee charging eight defendants with various offenses arising from their respective roles in a transnational commercial sex enterprise.

According to court documents, the defendants, all of Venezuela, Yilibeth del Carmen Rivero-De Caldera, 51; Kleiver Daniel Mota-Rivero, 35; Yuribetzi Del Valle Gomez Machuca, 39; Wilmarys Del Valle Manzano Solorzano, 22; Frankyanna Del Valle Romero-Rivero, 30; Endrik Alexander Morales-Rivero, 25; Jesus Enrique Castillo Rodriguez, 24; and Ariannys Beatriz Gutierrez-Carrillo, 24, operated an illegal commercial sex and sex trafficking enterprise out of Nashville motels from July 2022 through March 2024.

According to the indictment, once the defendants facilitated the victims’ arrival in the United States, the defendants utilized online commercial sex websites to post advertisements for the victims and then used the internet and their cellular phones to direct commercial sex buyers to engage in commercial sex with the victims at the motels before collecting the proceeds from that commercial sex for the defendants’ benefit.

“This indictment demonstrates our commitment to stop human trafficking whenever and wherever we find it, and to hold those involved accountable” said Acting U.S. Attorney Robert E. McGuire for the Middle District of Tennessee. “We are coming after transnational criminal organizations like TdA, but this case shows that we will also do whatever it takes to stop those who would traffick women and girls no matter who is behind their suffering.”

“The success of this operation to stop Tren da Aragua operating in our communities is a significant step forward in our ongoing battle against human trafficking and transnational organized crime,” said Special Agent in Charge Rana Saoud of the Homeland Security Investigations (HSI) Nashville. “This investigation exemplifies the importance of collaboration among local, state, and federal agencies in ending these crimes in our communities while leaving a trail of suffering in their wake.”

“We will not allow TdA – or any criminal organization – to get a stronghold in Tennessee,” said Director David Rausch of the Tennessee Bureau of Investigation. “We are thankful for our local, state, and federal partners who joined us in investigating this case, and we stand prepared to continue aggressively investigating human trafficking in our state, holding traffickers and buyers accountable and helping victims take their first steps toward becoming survivors.”

“Human trafficking is among the most heinous crimes the FBI encounters,” said Special Agent in Charge Joseph E. Carrico of the FBI Nashville Field Office. “This devastating crime exploits vulnerable members of communities nationwide, including those in Tennessee. The FBI and our partners are committed to rescuing victims, investigating and prosecuting traffickers, and supporting survivors.”

“While the focus of this investigation centers around human trafficking, Tren de Aragua is involved in all manner of criminal activity, to include the sale of narcotics and dangerous drugs,” said Special Agent in Charge Jim Scott of the Drug Enforcement Administration’s (DEA)’s Louisville Division. “The dedicated men and women of DEA will continue to work side by side with our federal, state and local partners to rid our communities of the transnational criminal gangs, like TdA.”

“The trafficking of human beings is abhorrent to all of us, it’s a modern-day form of slavery,” said Chief John Drake of the Metro Nashville Police. “I want to be very clear, our police department will always make human trafficking an investigative priority regardless of where the suspects are from and will work with our partners for an intentional and coordinated law enforcement response.”

A grand jury in the Middle District of Tennessee previously returned the four-count indictment charging all eight defendants for their respective roles in facilitating the recruiting of young women from impoverished parts of Venezuela and other South and Central American countries, then facilitating their transportation across the U.S. southern border and across state lines to engage in commercial sex in the Nashville area.

Three of the defendants — Yilibeth del Carmen Rivero-De Caldera, Kleiver Daniel Mota-Rivero, and Yuribetzi Del Valle Gomez Machuca — are additionally charged with a sex trafficking conspiracy for conspiring to use force, fraud, and coercion to compel the women into engaging in commercial sex acts for the defendants’ profit that include invoking alleged ties to the Venezuelan gang Tren de Aragua (TdA) and its reputation for violence.

The indictment further charges defendant Kleiver Daniel Mota-Rivero with one count of possession of a firearm by an illegal alien.

Mother and son defendants Rivero-De Caldera and Mota-Rivero are charged with conspiring to impose a coercive debt scheme upon the victims to compel them to continue engaging in commercial sex acts until the defendants deemed their debts repaid. Defendants Rivero-De Caldera and Mota-Rivero previously were arrested and detained on state charges relating to their conduct.

If convicted of conspiracy to commit sex trafficking, the defendants face a maximum penalty of life in prison. A conspiracy to commit interstate transportation for purposes of prostitution carries a maximum penalty of five years in prison, and a conspiracy to commit interstate and foreign travel or transportation in aid of racketeering enterprises carries a maximum penalty of five years in prison.

If convicted of possession of a firearm by an illegal alien, Mota-Rivero also faces a maximum penalty of 15 years in prison.

The case was investigated by the Tennessee Bureau of Investigation (TBI), Homeland Security Investigations (HSI), the FBI, and additional federal, state, and local Organized Crime and Drug Enforcement Task Force (OCDETF) partners who coordinated related law enforcement operations across multiple jurisdictions. OCDEFT identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.

Assistant U.S. Attorney Brooke K. Schiferle for the Middle District of Tennessee and Trial Attorneys Lindsey Roberson and Jessica Arco of the Civil Rights Division’s Human Trafficking Prosecution Unit are prosecuting the case.

If you or someone you know is a victim of human trafficking, please call the National Human Trafficking Hotline at 1 (888) 373-7888 which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org. Information on the Justice Department’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.

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

Jairo Jaime Tinajero, 25, pleaded guilty yesterday in the Western District of Kentucky to the following charges contained in the superseding information: racketeering conspiracy, online enticement, three counts of production of child sexual abuse material, three counts of distribution of child sexual abuse material (CSAM), five counts of interstate communications of threats, cyberstalking, and conspiracy to murder Jane Doe 1 in aid of racketeering. The terms of the plea agreement specify that both parties agree to the applicability of the terrorism sentencing enhancement (U.S.S.G. § 3A1.4 n. 4).

On Oct. 11, 2023, a grand jury in the Western District of Kentucky returned an indictment charging Tinajero with online enticement and production of child sexual abuse material. On Oct. 4, 2023, in the Eastern District of Arkansas, Tinajero was arrested on a criminal complaint that was filed in the Western District of Kentucky.

According to the court documents, Tinajero is a self-identified member of the 764 network. The 764 network’s accelerationist goals include social unrest and the downfall of the current world order, including the U.S. Government. Beginning in 2020, Tinajero started communicating with, and grooming, several minor victims to obtain sexually explicit content from them, including Jane Doe 1. In 2023, Tinajero began to threaten the safety of Jane Doe 1 and her family. Tinajero posted online in encrypted platforms associated with 764 and related groups a “Lorebook” – commonly used in 764 blackmail schemes — containing Jane Doe 1’s identifying information along with nude pictures of the minor.

Between July 2023 and September 2023, during multiple discussions over social media, Tinajero and a co-conspirator agreed that Tinajero should kill Jane Doe 1. Tinajero and the co-conspirator specifically discussed that Tinajero should murder Jane Doe 1 and dispose of Jane Doe 1’s body in a barrel of acid after the murder. Tinajero posted multiple messages on various social media websites stating that he planned to kill Jane Doe 1 with a firearm because Jane Doe 1 refused to provide additional child sexual abuse material.

On Aug. 26, 2023, Tinajero posted on Telegram, “Im determined to die” and “If I gotta kill her I can’t let her live and f**k with dudes and girls while I’m sick and miserable” and “Im gonna live stream it.” Tinajero also posted a picture of Jane Doe 1. On Sept. 2, 2023, Tinajero posted on Telegram, “I wanna kill them so bad just show up at their cribs and shoot 100 rounds in 5 seconds” and, on Sept. 3, 2023, posted “I didn’t wanna do anything bc I was scared of dying or prison but now I’m determined to die if I have to after getting rid of [Jane Doe 1] . . . .” Tinajero also began soliciting others to assist with attempting to kill Jane Doe 1.

The FBI is investigating the case.

Assistant U.S. Attorney Erwin Roberts for the Western District of Kentucky and Trial Attorneys Justin Sher and James Donnelly of the National Security Division’s Counterterrorism Section are prosecuting the case. The Violent Crime and Racketeering Section for the Criminal Division and the Eastern District of Arkansas provided assistance.