Category: US Department of Justice

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.

Source: United States Department of Justice Criminal Division

A federal grand jury in Alaska returned an indictment last week charging an Anchorage doctor and her husband with health care fraud and tax evasion.

According to court documents, from 2010 to 2023, Claribel Tan, 60, a practicing rheumatologist, and her husband, Daniel Tan, 69, operated Claribel K. Tan MD LLC (CKTMD), a medical clinic in Anchorage. The indictment alleges that the couple defrauded health care benefit programs by causing the submission of false claims that misrepresented the type and dosage of medication, and the scope of medical services provided to patients. Further, the indictment alleges that both defendants deceived patients regarding the necessity of receiving medication at the clinic and created false medical records. The indictment also alleges that Claribel Tan deceived patients regarding what substances she injected into their bodies. In total, the Tans received over $10 million in fraudulently obtained funds. In a separate civil action, the Justice Department seized roughly $8.5 million of those funds from the defendant’s accounts.

The indictment also alleges that the Tans evaded income taxes for 2014, 2015 and 2017 by providing false information to their return preparer that overstated CKTMD’s expenses and filing false tax returns that understated their income. The indictment further alleges that Daniel Tan evaded income taxes for 2016 when he provided the Tans’ accountant with false information for that return. The accountant allegedly ceased preparing tax returns for them, and the Tans did not file tax returns for 2016.

The indictment further alleges that the Tans did not file tax returns for 2018 through 2021, despite being required to by law.

The defendants are each charged with one count of health care fraud and four counts of willful failure to file a tax return. Daniel Tan is charged with four counts and Claribel Tan is charged with three counts of attempting to evade and defeat tax. The defendants will make their initial court appearance today before U.S. Magistrate Judge Scott A. Oravec of the U.S. District Court for the District of Alaska.

If convicted, they face a maximum sentence of 10 years in prison for health care fraud, five years for each count of tax evasion and one year for each count of failing to file a tax return. 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 U.S. Attorney S. Lane Tucker for the District of Alaska made the announcement.

The IRS Criminal Investigation, Defense Criminal Investigative Service, FBI, Defense Contract Audit Agency, Department of Veterans Affairs Office of Inspector General Criminal Investigations Division, Department of Labor Employee Benefits Security Administration, Food and Drug Administration Office of Criminal Investigations and State of Alaska Division of Insurance Investigation Unit are investigating the case.

Trial Attorney Dominick Giovanniello of the Justice Department’s Tax Division and Assistant U.S. Attorneys Morgan Walker and Seth Beausang for the District of Alaska are prosecuting the case.

An indictment is merely an allegation, and 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

A Chinese national was indicted for his part in a conspiracy involving the importation of what is believed to be the largest amount of fentanyl precursors found in the Southern District of Texas and one of the largest in the country.

Minsu Fang, 48, also known as Fernando, was charged in a four-count indictment with conspiracy to possess with intent to distribute a controlled substance, conspiracy to distribute a controlled substance for purpose of unlawful importation, conspiracy to import a controlled substance, and conspiracy to export a controlled substance.

“We charged this defendant for importing enough fentanyl precursor chemicals from China to kill millions of Americans,” said Attorney General Merrick B. Garland. “Fentanyl is the deadliest drug threat the United States has ever faced, and the Justice Department is committed to breaking apart every link in the global fentanyl supply chain.”

“To end the deadliest drug threat the United States has ever faced, the Drug Enforcement Administration (DEA) starts where the harm begins – with the Chinese chemical companies and the individuals that are selling chemicals to those who make and sell the fentanyl that is killing Americans. This work led DEA to Minsu Fang, who is charged with selling more than 2,000 kilograms of fentanyl precursors. This marks one of DEA’s largest seizures of fentanyl chemicals to date in the United States,” said DEA Administrator Anne Milgram. “The DEA is laser-focused on saving American lives by disrupting the entire global fentanyl supply chain that is responsible for flooding our communities with fentanyl. By disrupting Fang’s operations, DEA and our partners saved countless lives in the United States.”

“My office is focused on disrupting and dismantling the transnational criminal organizations flooding the United States with fentanyl, a drug that is killing our children,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. “Fang allegedly imported over 2,000 kilograms of raw materials from China destined for various places in Mexico used in the manufacture of fentanyl. This historic seizure represents a multi-agency collaboration that prevented the production of millions upon millions of deadly doses of fentanyl-laced pills.”

“Homeland Security Investigations (HSI) plays a pivotal role in disrupting the supply of illicit opioids at every point in the drug supply chain: internationally, at our nation’s borders, and in communities throughout the United States,” said Special Agent in Charge Craig Larrabee of HSI San Antonio. “The partnerships in this investigation were key to securing this indictment. The threat imposed by fentanyl dictates that agencies not only deconflict and coordinate, but to also collaborate. This investigation and prosecution are the perfect example of collaboration across agencies and throughout the country.”

The now unsealed charges allege Fang and his associates shipped over 2,000 kilograms of fentanyl precursor chemicals from China into the United States and on to Mexico in approximately 100 separate shipments between August and October 2023. Fang and his co-conspirators were able to avoid law enforcement interdiction of the shipments by declaring them to have a de minimis value, less than $800, and commingling the boxes containing the precursor chemicals with similarly low valued import items, according to the charges.

As a result, each of the shipments were allegedly admitted into the United States without a detailed inspection of the individual contents. Once in the United States, Fang, through co-conspirators, shipped the chemicals into Mexico, according to the charges.

If convicted, Fang faces a maximum penalty of life in prison on each count, as well as a $10 million fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The DEA and HSI investigated the case.

Assistant U.S. Attorneys Richard D. Hanes and Heather Rae Winter for the Southern District of Texas are prosecuting the case.

An indictment is merely an accusation. 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

A New Hampshire man pleaded guilty today to not paying more than $14 million in employment taxes and not filing personal tax returns.

According to court documents and statements made in court, Andrew Park, 49, of Bedford, was the co-founder and CEO of a startup technology company. Park was responsible for all financial matters related to the company, including for filing the company’s quarterly employment tax returns and collecting and paying over Social Security, Medicare and income taxes withheld from the employees’ wages to the IRS, as well as the Social Security and Medicare taxes the company owed.

He was also responsible for collecting and paying over state and local employment taxes to those respective governments. From the company’s founding in 2014 through the third quarter of 2021, Park withheld these federal, state and local taxes from the employees’ wages but did not pay them over as required by law. He also did not pay over the portion of the employment taxes that the company owed. Park did so even though a payroll service company that he hired to process the employees’ payroll regularly notified him that the taxes were due and in more than one instance was notified by an employee that the amount paid to Social Security listed on her W-2 did not match what was reported by the Social Security Administration.

From 2013 through 2020, Park also did not file individual tax returns as required by law, despite the fact that he paid himself a salary of approximately $250,000 each year.  

In total, Park caused a tax loss to the IRS exceeding $14 million, as well as additional losses to state and local taxing authorities.

He is scheduled to be sentenced on Nov. 14 and faces a maximum penalty of five years in prison for the charge of willful failure to account for and pay over payroll taxes, and one year in prison for the charge of willful failure to file a tax return. Park also faces additional penalties including supervised release and fines, as well as the payment of restitution to the IRS and other taxing entities. 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 U.S. Attorney Jane E. Young for the District of New Hampshire made the announcement.

IRS Criminal Investigation is investigating the case.

Assistant Chief Eric Powers of the Tax Division and Assistant U.S. Attorney Matthew Hunter for the District of New Hampshire are prosecuting the case.