CONNECTICUT RESIDENT PLEADS GUILTY TO MULTI-MILLION DOLLAR TAX FRAUD CONSPIRACY

WASHINGTON—A Newton, Conn., resident who was involved in operating three businesses in Brooklyn, N.Y., pleaded guilty to conspiring to defraud the Internal Revenue Service (IRS), the Department of Justice announced today.

Mariusz Debowksi pleaded guilty in U.S. District Court in Manhattan to conspiracy to aid another in filing false tax returns.  Between approximately 2000 and February 2005, Debowski conspired with others to falsify income tax returns through a fraudulent check cashing scheme for the owner of a corporation that was engaged in the business of providing maintenance and insulation services to New York Presbyterian Hospital (NYPH).  According to the charge, Debowski provided false documentation to co-conspirators indicating that he had performed construction services and received more than $2.3 million in checks from the co-conspirators as payment for the construction services.  Debowski cashed the checks but returned the bulk of the money to the co-conspirators in exchange for a fee.  The co-conspirators then took false deductions for those payments made to Debowski’s businesses.

“Those who illegally profit from their participation in fraudulent schemes will be vigorously prosecuted,” said Scott D. Hammond, Acting Assistant Attorney General in charge of the Department’s Antitrust Division.

The tax fraud conspiracy that Debowski is charged with carries a maximum penalty of five years in prison, three years of supervised release and a $250,000 fine.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

In April 2007, as part of the same investigation, Michael Theodorobeakos and two maintenance and insulation companies he co-owned – Monosis Inc. and STU Associates Inc.–  pleaded guilty to conspiring to rig bids on the supply of maintenance and insulation services to NYPH and Mount Sinai Medical Center (Mount Sinai).  In addition, Michael Vignola and Mister AC Ltd. pleaded guilty in November 2007, to conspiring to rig bids on heating, ventilation and air conditioning (HVAC) services provided to NYPH and paying kickbacks to former NYPH purchasing officials.  In April 2008, Aaron S. Weiner pleaded guilty for participating in a conspiracy wherein Weiner acted as a conduit in another million-dollar kickback scheme also involving one of the same former NYPH purchasing officials involved with the Vignola kickback schemes.

These charges arose from an ongoing federal antitrust investigation of fraud, bribery, tax-related offenses and bidding irregularities relating to contracts administered by the Facilities Operations Department and the Engineering Department at NYPH and the Engineering Department at Mt. Sinai.   The investigation is being conducted by the Antitrust Division’s New York Field Office, the FBI and the Internal Revenue Service Criminal Investigation’s New York Field Office.

Anyone with information concerning bid rigging, bribery, tax offenses or fraud related to contracts administered by the Facilities Operations Department at NYPH or the Engineering Departments at Mount Sinai or NYPH should contact the New York Field Office of the Antitrust Division at 212-264-9308 or the New York Office of the FBI at 212-384-4467.

Two Illinois Residents Charged with Defrauding Religious Order of Over $800,000

3/24/2009 FBI Press Release:

Acting United States Attorney Michelle L. Jacobs announced today that a federal grand jury in the Eastern District of Wisconsin returned a three-count indictment charging two defendants with mail fraud in violation of Title 18, United States Code, Section 1341. The defendants were identified as Angela Martin-Mulu, a/k/a Angela Martin (age 35), and Edward Bosire (age 39) both of Illinois. The defendants are Kenyan citizens who arrived in the United States in 1999, and received political asylum in 2007.

According to the indictment, the defendants targeted religious orders in Wisconsin and elsewhere, claiming, among other things, to be suffering from malaria and tuberculosis, and in need of money to pay medical bills and educational debt. In fact, the defendants maintained two apartments in Chicago and Bolingbrook, Illinois, spent much of the money at casinos, and other things unrelated to medical or educational debt. Before the fraud scheme was discovered, the defendants obtained approximately $815,000 from an order of nuns in Pewaukee, Wisconsin. It is believed that additional religious groups and churches may also have been victimized.

The defendants were charged based on a year-long investigation by the Federal Bureau of Investigation. Anyone with additional information on this matter is requested to contact the Milwaukee Office of the FBI at (414) 276-4684.

The case is being prosecuted by Assistant U.S. Attorney Gordon P. Giampietro. If convicted, the defendants face up to 20 years imprisonment, a fine of up to $250,000, and 3 years of supervised release.

It should be noted that an indictment is merely the formal method of charging an individual and does not constitute inference of his or her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.

Utah Man Sentenced to Eight Years for Multi-Million Dollar Fraud Scheme

3/26/2009 Department of Justice Press Release via the FBI Webiste:

PHILADELPHIA—James Plant, 40, of St. George, Utah, was sentenced yesterday to 97 months in prison for a securities scheme that defrauded investors of his company, CyberKey Solutions Inc., announced United States Attorney Laurie Magid.  Plant bilked investors out of more than $3.5 million and he made false statements to the United States Securities and Exchange Commission (SEC).

Cyberkey, a company that sold Universal Service Bus (“USB”) flash memory drives and other electronic devices, was a public company that was traded under the symbol “CKYS,” on the “Pink Sheets,” a quotation service for over-the-counter stocks.  As CEO, Plant engaged in a scheme to defraud the investing public in connection with the purchase and sale of CyberKey stock.  Plant caused CyberKey to issue numerous materially false and misleading press releases claiming that the company had received a $24.5 million purchase order from the United States Department of Homeland Security (“DHS”) for the purchase of USB flash memory drives.  Plant also caused CyberKey to issue materially false and misleading press releases concerning: (a) falsely inflated revenues and profits that CyberKey had supposedly realized from the fictitious DHS purchase order; (b) false representations that CyberKey’s financial statements were in the process of being audited and would be released in the near future; and (c) false representations that the misstatements regarding the DHS purchase order in CyberKey’s press releases were the result of improper accounting methods and reporting procedures.  The misstatements were designed to artificially inflate the price of CyberKey common stock.  As a result of Plant’s scheme to defraud, Plant and CyberKey sold hundreds of millions of shares of common stock to members of the investing public at fraudulently inflated prices.  During the SEC’s investigation of this matter Plant provided false documents and statements.

Plant pleaded guilty in June 2008 to securities fraud, obstruction of an agency proceeding, making false statements, and witness tampering. A hearing on restitution will be held on April 28, 2009.

The case was investigated by the United States Postal Inspection Service and the Federal Bureau of Investigation.  The United States Securities and Exchange Commission also provided valuable assistance.  The case was prosecuted by Assistant United States Attorney Leo R. Tsao.