U.S. Charges Three Chinese Hackers Who Work At Internet Security Firm For Hacking Three Corporations For Commercial Advantage

The U.S. Justice Department released the below information:

An indictment was unsealed today against Wu Yingzhuo, Dong Hao and Xia Lei, all of whom are Chinese nationals and residents of China, for computer hacking, theft of trade secrets, conspiracy and identity theft directed at U.S. and foreign employees and computers of three corporate victims in the financial, engineering and technology industries between 2011 and May 2017.  The three Chinese hackers work for the purported China-based Internet security firm Guangzhou Bo Yu Information Technology Company Limited (a/k/a “Boyusec”).

Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Soo C. Song for the Western District of Pennsylvania and Special Agent in Charge Robert Johnson of the FBI’s Pittsburgh Division announced the charges.

The indictment alleges that the defendants conspired to hack into private corporate entities in order to maintain unauthorized access to, and steal sensitive internal documents and communications from, those entities’ computers.  For one victim, information that the defendants targeted and stole between December 2015 and March 2016 contained trade secrets.

“Once again, the Justice Department and the FBI have demonstrated that hackers around the world who are seeking to steal our companies’ most sensitive and valuable information can and will be exposed and held accountable,” said Acting Assistant Attorney General Boente.  “The Justice Department is committed to pursuing the arrest and prosecution of these hackers, no matter how long it takes, and we have a long memory.”

“Defendants Wu, Dong and Xia launched coordinated and targeted cyber intrusions against businesses operating in the United States, including here in the Western District of Pennsylvania, in order to steal confidential business information,” said Acting U.S. Attorney Song.  “These conspirators masked their criminal conspiracy by exploiting unwitting computers, called ‘hop points,’ conducting ‘spearphish’ email campaigns to gain unauthorized access to corporate computers, and deploying malicious code to infiltrate the victim computer networks.”

“In order to effectively address the cyber threat, a threat that respects no boundaries and continues to grow in both its scope and complexity, law enforcement must come together and transcend borders to target criminal actors no matter where they are in the world,” said Special Agent in Charge Johnson.

Summary of the Allegations

According to the allegations of the Indictment:

Defendants Wu, Dong, Xia, and others known and unknown to the grand jury (collectively, “the co-conspirators”) coordinated computer intrusions against businesses and entities, operating in the United States and elsewhere. To accomplish their intrusions, the co-conspirators would, for example, send spearphishing e-mails to employees of the targeted entities, which included malicious attachments or links to malware.  If a recipient opened the attachment or clicked on the link, such action would facilitate unauthorized, persistent access to the recipient’s computer.  With such access, the co-conspirators would typically install other tools on victim computers, including malware the co-conspirators referred to as “ups” and “exeproxy.”  In many instances, the co-conspirators sought to conceal their activities, location and Boyusec affiliation by using aliases in registering online accounts, intermediary computer servers known as “hop points” and valid credentials stolen from victim systems.

The primary goal of the co-conspirators’ unauthorized access to victim computers was to search for, identify, copy, package, and steal data from those computers, including confidential business and commercial information, work product, and sensitive victim employee information, such as usernames and passwords that could be used to extend unauthorized access within the victim systems.  For the three victim entities listed in the Indictment, such information included hundreds of gigabytes of data regarding the housing finance, energy, technology, transportation, construction, land survey, and agricultural sectors.

Defendants:  At all times relevant to the charges, the Indictment alleges as follows

Wu Yingzhuo, aka “mxmtmw,” “Christ Wu” and “wyz,” was a Chinese national and resident of Guangzhou.  Wu was a founding member and equity shareholder of Boyusec.

Dong Hao, aka “Bu Yi,” “Dong Shi Ye” and “Tianyu,” was a Chinese national and resident of Guangzhou.  Dong was a founding member and equity shareholder of Boyusec, who held the title of “Executive Director and Manager.”

Xia Lei, aka “Sui Feng Yan Mie,” was a Chinese national and resident of Guangzhou.  Xia was, at certain times relevant to the charges, an employee of Boyusec.

Victims: Moody’s Analytics, Siemens AG (“Siemens”) and Trimble, Inc. (“Trimble”).

Time period: As alleged in the Indictment, the conspiracy began at least as early as 2011 and continued to May 2017.

Crimes: Eight counts as follows (all defendants are charged in all counts).

Count(s)

Charge

Statute

Maximum Penalty

1

Conspiring to commit computer fraud and abuse

18 U.S.C. § 1030(b)

10 years

2

Conspiring to commit trade secret theft

18 U.S.C. §§ 1832(a)(5)

10 years

3

Wire fraud

18 U.S.C. § 1343

20 years

4-8

Aggravated identity theft

18 U.S.C. §§ 1028A(a)(1), (b), (c)(4), and 2

2 years (mandatory consecutive)

Any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Summary of Defendants’ Conduct Alleged in the Indictment

Defendant

Victim

Criminal Conduct

Wu

Trimble

In 2015 and 2016, Trimble was developing a Global Navigation Satellite Systems technology designed to improve the accuracy of location data on mobile devices.  In January 2016, while this project was in development, Wu accessed Trimble’s network and stole files containing commercial business documents and data pertaining to the technology, including Trimble trade secrets.  In total, between December 2015 and March 2016, Wu and the other co-conspirators stole at least 275 megabytes of data, including compressed data, which included hundreds of files that would have assisted a Trimble competitor in developing, providing and marketing a similar product without incurring millions of dollars in research and development costs.

Dong

Siemens

In 2014, Dong accessed Siemens’s computer networks for the purpose of obtaining and using employees’ usernames and passwords in order to access Siemens’ network. In 2015, the co-conspirators stole approximately 407 gigabytes of proprietary commercial data pertaining to Siemens’s energy, technology and transportation businesses.

Xia

Moody’s Analytics

In or around 2011, the co-conspirators accessed the internal email server of Moody’s Analytics and placed a forwarding rule in the email account of a prominent employee.  The rule directed all emails to and from the employee’s account to be forwarded to web-based email accounts controlled by the conspirators.  In 2013 and 2014, defendant Xia regularly accessed those web-based email accounts to access the employee’s stolen emails, which contained proprietary and confidential economic analyses, findings and opinions.

An indictment is merely an accusation and a defendant is presumed innocent unless proven guilty in a court of law.

The FBI, Naval Criminal Investigative Service and Air Force Office of Special Investigations conducted the investigation that led to the charges in the indictment.

The government’s case is being prosecuted by Assistant U.S. Attorney James T. Kitchen of the Western District of Pennsylvania, and Cyber Counsel Jessica Romero and Trial Attorney Jennifer Kennedy Gellie of the National Security Division’s Counterintelligence and Export Control Section.

U.S. Defense Department Announces Sentence for Detainee Ahmed Mohammed Ahmed Haza al-Darbi

The U.S. Defense Department released the below information:

The Department of Defense announced today that Ahmed Mohammed Ahmed Haza al-Darbi (seen in the above photo) was sentenced to 13 years in confinement for conspiracy, attacking civilian objects, hazarding a vessel, terrorism, attempts, and aiding the enemy.

The sentencing hearing took place today in a military commission courtroom at the U.S. Naval Station at Guantanamo Bay, Cuba.

During his Feb. 20, 2014, guilty pleas, al-Darbi pled guilty to the charged offenses stemming from an attempt to carry out terrorist attacks against shipping vessels in the Strait of Hormuz and off the coast of Yemen, and a completed terrorist attack against the French oil tanker, MV Limburg. As part of his plea he agreed to delay his sentence proceeding in order to cooperate with the Government.

Under the terms of the pre-trial agreement, al-Darbi agreed to testify for the United States at any military commission, federal court proceeding, or federal grand jury proceeding against other individuals alleged to have been involved in terrorist activity.  al-Darbi has cooperated with U.S. law enforcement and intelligence agencies and, as part of the pre-trial must continue to cooperate.  In exchange for al-Darbi's guilty plea and promise to cooperate and testify, the Convening Authority agreed to limit the amount of confinement that would be approved.  If al-Darbi fails to comply with his promise to testify and cooperate, his prior plea agreement could be by the Convening Authority.

Once the record of trial is finalized, it will be sent to the Convening Authority for Military Commissions for action on the findings and sentence.  Al-Darbi can submit matters in order to convince the Convening Authority to lessen his adjudged sentence further.  After review of the clemency submissions, the Convening Authority may set aside the findings with respect to any charge, and he may reduce, but not al-Darbi's sentence.  After reviewing the record and taking final action on the findings and sentence, the Convening Authority will serve notice upon al-Darbi of his final decision. 

FBI: Financial Fraud And The Hair Show That Never Was

The FBI website reports on a fraud scheme involving a fictional hair show

Tamira Fonville’s job might be described as “recruiter.” For a time, she profited substantially by enlisting college-age women to participate in a hair show. The problem was, there never was any show, and everything about Fonville’s line of work was a fraud.

She and her partner—both of whom are now in prison—regularly traveled the Interstate 95 corridor from New York to Washington, D.C., visiting shopping malls and other places where young women were known to spend time.

Using a series of phony names, Fonville would interest the women in the hair show, offering to pay for their services. But to pay them, she said, she needed their debit card numbers and access to their accounts.

With that access, she would not simply clean out their accounts. Instead, her partner and mastermind of the scam, Ricardo Falana, would deposit bogus checks into the legitimate accounts, and then immediately begin withdrawing funds before the bank realized the fraud.

“It was a crazy, hit or miss scheme,” said Special Agent Sean Norman, who investigated the case from the FBI’s Philadelphia Division. “But they did it at such a high volume that they made a lot of money for several years. There was approximately $600,000 in actual losses to banks and other financial institutions.”

On a typical recruiting trip, Fonville might talk with 20 or 30 women and would follow up with text messages using disposable phones whose numbers could not be traced. If she ended up with three or four willing participants, that was enough.

“Some took the hair show bait and handed over their debit cards and PINs,” Norman said. “Others who were skeptical got a different pitch,” he explained. “They were told: ‘I can make money appear in your account. You will get some money, I will get some money, and the bank won’t lose anything.’”

With access to legitimate accounts not tied to him, Falana deposited forged checks of up to $10,000 and then withdrew money before the bank realized the checks were bad. Many of the victims were coached to tell bank investigators that their debit cards had been stolen and their PINs were written on the cards.

“The majority of the account holders knew they were doing something fraudulent,” Norman said. “They thought they were going to get something out of it, but they got nothing.”

For a time, the money rolled in, and Fonville “got addicted to the lifestyle,” Norman said. According to court documents, between 2008 and 2013, Fonville personally benefited from the scheme to the tune of more than $230,000. She used some of the proceeds to pay for plastic surgery, the car loan on her $30,000 Chevrolet Camaro, and the $2,100 monthly rent on her New York apartment. She would later tell investigators she viewed the scam as a career.

Fonville also fraudulently obtained food stamps, Medicaid, and benefits from a New York child care program, and she received deferments on almost $100,000 in student loans because she claimed she had no income. But then she lied on her car loan application, stating she was an employee of Mesa Airlines and had a salary of $65,000 per year.

Eventually, some of the women whose accounts had been used came forward and told the truth. Norman was able to trace withdrawn funds to Fonville and Falana, and Falana was identified on surveillance video depositing what turned out to be bogus checks. Norman also used E-ZPass toll receipts to link the pair’s recruiting trips to account holders and subsequent fraudulent transactions on their accounts.

“After the pieces all fit together,” said Norman, who is a certified public account and specializes in financial fraud investigations, “their actions were highly predictable.”

Fonville was arrested in August 2014. She pled guilty the following month to conspiracy to commit bank fraud and three counts of bank fraud and was sentenced in April to 15 months in prison. Falana pled guilty to similar bank fraud charges in October 2014 and in February received an 80-month sentence.

In the end, Norman said, “they blew all the money and had nothing to show for it.” 

INTERPOL Issues Red Notices For Former FIFA Officials And Executives Wanted By US Authorities

The U.S. Justice Department released the below information:

LYON, France – At the request of US authorities, INTERPOL Red Notices – or international wanted persons alerts – have been issued for two former FIFA officials and four corporate executives for charges including racketeering, conspiracy and corruption.

The Red Notices have been issued for;

Jack Warner, Trinidad & Tobago national, former FIFA vice president and executive committee member, CONCACAF president, CFU president and Trinidad and Tobago Football Federation (TTFF) special adviser.

Nicolás Leoz, Paraguayan national, former FIFA executive committee member and CONMEBOL president.

Alejandro Burzaco, Argentine national, controlling principal of Torneos y Competencias S.A., a sports marketing business based in Argentina, and its affiliates.

Hugo Jinkis and Mariano Jinkis, Argentine nationals, controlling principals of Full Play Group S.A., a sports marketing business based in Argentina, and its affiliates.

José Margulies (also known as José Lazaro), Brazilian national, controlling principal of Valente Corp. and Somerton Ltd., broadcasting businesses.

Red Notices are one of the ways in which INTERPOL informs its member countries that an arrest warrant has been issued for an individual by a judicial authority and seeks the location and arrest of wanted persons with a view to extradition or similar lawful action.

The individuals concerned are wanted by national jurisdictions and INTERPOL’s role is to assist national police forces in identifying or locating those individuals with a view to their arrest and extradition.

A Red Notice is not an international arrest warrant, and INTERPOL cannot compel any member country to arrest the subject of a Red Notice.

INTERPOL’s General Secretariat does not send officers to arrest individuals who are the subject of a Red Notice. Only the law enforcement authorities of the INTERPOL member country where the individual is located have the legal authority to make an arrest.

Jamaican Man First To Be Extradited To Face Fraud Charges In International Lottery Scheme

The U.S. Justice Department released the below information:

A 28-year-old man was extradited from Jamaica based on charges that he committed fraud as part of an international lottery scheme against elderly victims in the United States, the Justice Department announced today.

Damion Bryan Barrett is charged in a 38-count indictment in the Southern District of Florida with conspiracy and 37 counts of wire fraud, and with committing these offenses via telemarketing.

According to the indictment, Barrett and his co-conspirators fraudulently induced elderly victims in the United States to send them thousands of dollars to pay purported fees for lottery winnings that victims had not in fact won.  Barrett is the first Jamaican citizen to be extradited from Jamaica to the United States based on charges of defrauding Americans in connection with a lottery scheme.

Barrett arrived today in Opa-locka, Florida.  He will make his initial appearance on Feb. 13 before Magistrate Judge Alicia O. Valle in Fort Lauderdale, Florida.  Barrett was indicted by a federal grand jury in Fort Lauderdale on Aug. 9, 2012, and was arrested last month in Jamaica based on the United States’ request that he be extradited.  Barrett’s extradition is the latest step in the United States’ ongoing crackdown on fraudulent lottery schemes based in Jamaica.

According to the indictment, beginning in October 2008, Barrett and his co-conspirators contacted victims in the United States announcing that the victims had won cash and prizes and persuaded the victims to send them thousands of dollars in fees to release the money.  The victims never received cash or prizes.  The defendant and his co-conspirators allegedly made calls from Jamaica using voice over internet protocol technology that allowed them to use a telephone number with a U.S. area code.  According to the indictment, Barrett convinced victims to send money to middlemen in South Florida, who then forwarded the money to Jamaica.

“The Department of Justice will find and prosecute those responsible for fraud against American consumers, no matter where the perpetrator resides,” said Acting Assistant Attorney General Joyce R. Branda of the Justice Department’s Civil Division.  “Lottery schemes that target elderly victims for fraud cannot, and will not, be tolerated.”

“Persons who commit crimes against American seniors from outside of the United States will be held accountable,” said U.S. Attorney Wifredo Ferrer of the Southern District of Florida.  “This case serves as an example that there are no borders when it comes to obtaining justice for the victims of these lottery schemes.”

“Today's extradition signals strong partnership between the Jamaica Constabulary Force and our U.S. law enforcement partners,” said Commissioner of Police Dr. Carl Williams of the  Jamaica
Constabulary Force.  “We use this opportunity to warn other lottery scammers who continue to prey on unsuspecting U.S. citizens, that they too will pay the penalty, whether through conviction in Jamaica or through extradition to the United States.  We continue to address this with a high level of attention to contain the scourge.”

If convicted, Barrett faces a statutory maximum sentence of 30 years in prison per count, a possible fine and mandatory restitution.  Barrett’s co-defendant, Oneike Barnett, 29, pleaded guilty on Feb. 28, 2014, to conspiracy to commit wire fraud.  On April 29, 2014, U.S. District Court Judge William J. Zloch sentenced Barnett to serve 60 months in prison and five years of supervised release, and to pay $94,456 in restitution for his role in this case.   

“These criminal telemarking scams heartlessly target the elderly in the United States, at times stealing their life savings,” said Special Agent in Charge Alysa D. Erichs of Homeland Security Investigations (HSI) Miami.  “The successful extradition of Damion Bryan Barrett sends a clear message that the cooperation between our countries is focused on bringing these offenders to justice despite borders that separate us.  This extradition and hopefully others that may follow suit will have a positive impact on diminishing this crime.”

“Together with our international and domestic law enforcement partners we have proven that justice has no borders,” said U.S. Postal Inspector in Charge Ronald Verrochio of the U.S. Postal Inspection Service’s (USPIS) Miami Division.  “We will continue to investigate and prosecute those who defraud American citizens, anywhere in the world.”

“The U.S. Marshals Service, together with our federal partners, will continue to track down and bring to justice those that would pray on our most vulnerable in our country,” said U.S. Marshal Amos Rojas of the Southern District of Florida.

Acting Assistant Attorney General Branda and U.S. Attorney Ferrer commended the investigative efforts of USPIS, U.S. Immigration and Customs Enforcement’s (ICE) HSI Miami and the U.S. Marshals Service.  The case is being prosecuted by Trial Attorney Kathryn Drenning of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Bertha Mitrani of the Southern District of Florida.

An indictment is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.

14 Indicted in Connection with New England Compounding Center and Nationwide Fungal Meningitis Outbreak

The U.S. Justice Department released the below information:

A 131-count criminal indictment was unsealed today in Boston in connection with the 2012 nationwide fungal meningitis outbreak, the Justice Department announced.  Barry J. Cadden, owner and head pharmacist of New England Compounding Center (NECC) and NECC’s supervisory pharmacist Glenn A. Chin were charged with 25 acts of second-degree murder in Florida, Indiana, Maryland, Michigan, North Carolina, Tennessee and Virginia.   

The outbreak was caused by contaminated vials of preservative-free methylprednisolone acetate (MPA) manufactured by NECC, located in Framingham, Massachusetts.  The U.S. Centers for Disease Control and Prevention (CDC) reported that 751 patients in 20 states were diagnosed with a fungal infection after receiving injections of NECC’s MPA.  Of those 751 patients, the CDC reported that 64 patients in nine states died. 

Twelve other individuals, all associated with NECC, including six other pharmacists, the director of operations, the national sales director, an unlicensed pharmacy technician, two of NECC’s owners, and one other individual were charged with additional crimes including racketeering, mail fraud, conspiracy, contempt, structuring, and violations of the Food, Drug and Cosmetic Act.

“As alleged in the indictment, these employees knew they were producing their medication in an unsafe manner and in insanitary conditions, and authorized it to be shipped out anyway, with fatal results,” said Attorney General Eric Holder.  “With the indictment and these arrests, the Department of Justice is taking decisive action to hold these individuals accountable for their alleged participation in grievous wrongdoing.  Actions like the ones alleged in this case display not only a reckless disregard for health and safety regulations, but also an extreme and appalling indifference to human life.  American consumers have a right to know that their medications are safe to use, and this case proves that the Department of Justice will always stand resolute to ensure that right, to protect the American people, and to hold wrongdoers accountable to the fullest extent of the law.”

“Every patient receiving treatment deserves the peace of mind and knowledge that the medicine they are receiving is safe,” said Acting Associate Attorney General Stuart Delery.  “When people and companies violate that trust and break the law, the consequences to patients and their families can be catastrophic.  That’s why it remains a priority of the Department to use every tool at our disposal to protect patients’ safety and hold bad actors accountable.”

“Those who produce and sell the drugs that we take have a special responsibility to make sure that they prepare those drugs under suitable conditions, and that what leaves their facilities is safe,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “The indictment charges that the defendants’ conduct in this case was corrupt and carried out with a complete disregard to the public’s health.  The department‘s Consumer Protection Branch along with our law enforcement partners is steadfast in our commitment to use every criminal and civil tool at our disposal to hold accountable those who are willing to put our lives at risk in the reckless pursuit of their profits.”

“Ever since the outbreak occurred, we have been committed to bringing to justice the individuals responsible for the deaths and suffering of so many innocent victims,” said U.S. Attorney Carmen Ortiz for the District of Massachusetts.  “The indictment announced today is the first step in that process which addresses alleged criminal wrongdoing at NECC, a business that prioritized production and profit over safety.  We will make every effort to ensure that licensed pharmacists, and those working with them, are held to a standard of care that protects the public from unsafe and dangerous medications.” 

“Two years after the fungal meningitis outbreak, our hearts continue to go out to the victims of this tragedy and to their families,” said FDA Commissioner Margaret A. Hamburg M.D.  “Our work on behalf of all patients who want and deserve medicines that do not subject them to undue risk is far from done.  The FDA will continue to work aggressively on many fronts with the states, the Department of Justice, and others to protect the American public from unsafe compounded drug products.” 

“Threats to public health, as alleged in today's indictment, are a priority for the FBI,” said Assistant Director Joseph S. Campbell of the FBI’s Criminal Division.  “Together with our law enforcement and regulatory agency partners, we are determined to stop practices that jeopardize patients' health and violate the public trust.  These types of investigations are complex and resource intensive.  We greatly appreciate the efforts of our partners in this case and look forward to working with them to effectively identify criminal activities and combat fraudulent and abusive health practices in the future.”

The 14 individuals charged in the indictment are Barry J. Cadden, 48, of Wrentham, Massachusetts; Glenn A. Chin, 46, of Canton, Massachusetts; Gene Svirskiy, 33, of Ashland, Massachusetts; Christopher M. Leary, 30, of Shrewsbury, Massachusetts; Joseph M. Evanosky, 42, of Westford, Massachusetts; Scott M. Connolly, 42, of East Greenwich, Rhode Island; Sharon P. Carter, 50, of Hopkinton, Massachusetts; Alla V. Stepanets, 34, of Framingham, Massachusetts; Gregory A. Conigliaro, 49 of Southborough, Massachusetts; Robert A. Ronzio, 40, of North Providence, Rhode Island; Kathy Chin, 42, of Canton, Massachusetts; Michelle Thomas, 31 of Cumberland, Rhode Island; Carla Conigliaro, 51, of Dedham, Massachusetts and Douglas A. Conigliaro, 53, of Dedham, Massachusetts.  

The 25 second-degree murders are included in the indictment as predicate racketeering acts under the Racketeer Influenced and Corrupt Organizations Act (RICO).  These charges relate to patients who received NECC MPA and died in Florida, Indiana, Maryland, Michigan, North Carolina, Tennessee and Virginia. As a general matter, and depending on particular state law, second-degree murder does not require the government to prove Cadden and Chin had specific intent to kill the 25 patients, but rather that Cadden and Chin acted with extreme indifference to human life.  According to the indictment, Cadden and Chin knew that NECC was making MPA in a manner and in an environment in which they could not assure that the drug was sterile as it was identified to be.  Despite knowing that they were making the MPA in an unsafe manner and in insanitary conditions, Cadden and Chin nonetheless allegedly directed and authorized the shipping of MPA to NECC customers nationwide.  It is alleged that Cadden and Chin were aware that doctors would inject MPA into their patients’ bodies, and that if the MPA was not in fact sterile, it could kill them. 

The 25 murder racketeering acts comprise only a portion of the broad racketeering scheme charged in the indictment.  The indictment also alleges that NECC’s other pharmacists knowingly made and sold numerous drugs in a similar unsafe manner and in insanitary conditions.  The unsafe manner alleged in the indictment includes, among other things, the pharmacists’ failure to properly sterilize NECC’s drugs, failure to properly test NECC’s drugs for sterility, and failure to wait for test results before sending the drugs to customers.  The insanitary conditions alleged in the indictment include, among other things, NECC’s lack of proper cleaning and NECC’s failure to take any action when its own environmental monitoring repeatedly detected mold and bacteria within NECC’s clean room suite of rooms throughout 2012. 

It is further alleged that NECC repeatedly took steps to shield its operations from regulatory oversight by the FDA by claiming to be a pharmacy dispensing drugs pursuant to valid, patient-specific prescriptions.  In fact, NECC routinely dispensed drugs in bulk without valid prescriptions.  The indictment alleges that NECC even used fictional and celebrity names on fake prescriptions to dispense drugs. 

Finally, the indictment charges Carla Conigliaro, the majority shareholder of NECC, and her husband Douglas Conigliaro with transferring assets following the fungal meningitis outbreak.  Specifically, the indictment charges that after NECC declared bankruptcy, and the bankruptcy court ordered the shareholders not to transfer assets, Carla and Doug Conigliaro transferred approximately $33.3 million to eight different bank accounts opened after the NECC bankruptcy. 

Cadden and Chin face a maximum of up to life in prison if convicted on all counts. 

“Although no VA patients were affected by the fungal meningitis outbreak, VA unknowingly purchased a variety of pharmaceutical products over a three year period from NECC that were intentionally produced in an unsafe manner under insanitary conditions,” said Assistant Inspector General for Investigations James J. O’Neill for the Office of Inspector General, Department of Veterans Affairs.  “We are pleased to have contributed to this outstanding multi-agency criminal investigation.”

“Today's results are part of an ongoing effort by the Defense Criminal Investigative Service and its law enforcement partners to protect the integrity of the Department of Defense's health care program and the quality of care our service members receive,” said Deputy Inspector General for Investigations James B. Burch for the U.S. Department of Defense Office of the Inspector General.  “The Defense Criminal Investigative Service will continue to pursue allegations of health care fraud that put the Warfighter at risk.”

“The U.S. Postal Inspection Service is pleased to join our federal partners in this announcement” said Postal Inspector in Charge Shelly A. Binkowski of the Boston Division.  “What's particularly disturbing about this case is that through their alleged misrepresentation and greed, these defendants put the health and well-being of others at a high level of risk.  This criminal action today demonstrates the commitment and vigilance of postal inspectors and other federal agents to pursue criminals who prey on the public in such an egregious way.”

In announcing the indictment today, Attorney General Holder and U.S. Attorney Ortiz acknowledged the assistance and cooperation of Michigan State Attorney General Bill Schuette.  The state of Michigan had the most deaths during the outbreak.

The investigation was conducted by the FDA Office of Criminal Investigations and the FBI with assistance by the Defense Criminal Investigative Service, U.S. Department of Defense, Office of Inspector General; Department of Veterans Affairs Office of Inspector General and U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorneys George P. Varghese and Amanda P.M. Strachan of the Health Care Fraud Unit for the U.S. Attorney’s Office in the District of Massachusetts, and Trial Attorney John W.M. Claud of the Civil Division’s Consumer Protection Branch.

The details contained in the indictment are allegations.  The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

Victims with questions about today’s charges may call 1-888-221-6023 or emailusama.victimassistance@usdoj.gov

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Civil Division

 NECC Indictment

Four Men Indicted on Charges in 2011 Kidnapping of Mother and Teenage Son in the Philippines

The U.S. Justice Department released the below information:

WASHINGTON—Four Philippine nationals were indicted today on conspiracy, hostage-taking, and weapons charges stemming from the kidnapping in the Philippines of a mother and her then 14-year-old son in July of 2011. The indictment alleges that the group held the mother for approximately 82 days and the son for approximately 151 days, and forced the family to pay ransom for their return.

The victims, both U.S. nationals, were in the Philippines on a family trip.

The indictment, returned by a grand jury in the U.S. District Court for the District of Columbia, was announced by John P. Carlin, Assistant Attorney General for National Security; Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Stephanie Yonekura, Acting U.S. Attorney for the Central District of California, and Bill L. Lewis, Assistant Director in Charge of the FBI’s Los Angeles Field Office.

The four men are identified as John Does, but are also known as Furuji Indama, Radzmil Jannatul, Muadz, and Abu Basim. Each is charged with one count of conspiracy to commit hostage-taking, two counts of hostage-taking, one count of conspiracy to use, carry, brandish and discharge a firearm during a crime of violence and one count of using, carrying, brandishing and discharging a firearm during a crime of violence and aiding and abetting and causing an act to be done. None of the defendants is in custody.

If extradited to the United States and convicted of these charges, each defendant would face a maximum term of life in prison.

“The four men indicted are alleged to have been involved in the hostage-taking of two U.S. citizens vacationing in the Philippines more than three years ago,” said Assistant Attorney General Carlin. “Hostage-takers who target our citizens with captivity and violence anywhere in the world should know that we will pursue them and seek to bring them to justice, however long it takes.”

“While on a family vacation overseas, a Virginia mother and her teenage son were captured, forced into boats at gunpoint, and taken to an island where they were held hostage for ransom,” said U.S. Attorney Machen. “This indictment charges four Philippine men for their alleged roles in taking these Americans hostage and holding them captive for months in terrifying conditions. We remain focused on apprehending and extraditing these men so that they can face these charges in a courtroom in our nation’s capital.”

“The victim family in this case experienced great suffering when a mother and son were violently kidnapped and held by the defendants overseas, while family members in the United States endured for months without knowing the fate of their loved ones,” said Assistant Director Lewis, of the FBI’s Los Angeles Field Office. “It should be noted that, following the mother’s release, her son was held for months before valiantly escaping his captors. The charges in this case are the result of a joint investigation by the FBI and law enforcement partners in the Philippines, one of many countries with whom we work to identify those responsible for victimizing American citizens abroad and build cases for potential prosecution.”

According to the indictment, the defendants and co-conspirators kidnapped the two United States nationals on or about July 12, 2011. The woman, then age 43, and her then 14-year-old son were taken hostage from a beach cottage on Tictabon Island, several miles from the mainland of Zamboanga City in the southern Philippines.

Both hostages were forced into boats at gunpoint, brought to another island, Basilan Island, and forced to march to a camp where they were held until September 2011. The two were then forced to march to another camp, also on Basilan Island.

The indictment alleges that the defendants and their co-conspirators threatened to kill the hostages, and that they used firearms, including handguns, semiautomatic assault weapons, and destructive devices to keep and detain them. The indictment also alleges that the group demanded ransom from a family member of the hostages and did, in fact, cause a family member to make bank transfers as ransom payments.

The group released the mother on or about Oct. 2, 2011, but retained her teenage son as a hostage, and demanded that she pay a large ransom for his release. The son eventually escaped from his captivity on or about Dec. 9, 2011.

An indictment is merely a formal charge that a defendant has committed a violation of criminal laws. Every defendant is presumed innocent until and unless found guilty.

The charges were the result of an investigation led by the FBI’s Los Angeles Field Office. The case is being prosecuted by Assistant U.S. Attorneys Courtney Spivey Urschel and Thomas A. Gillice of the U.S. Attorney’s Office for the District of Columbia, Assistant U.S. Attorney Christopher Grigg of the U.S. Attorney’s Office for the Central District of California, and Trial Attorney T. J. Reardon III of the Counterterrorism Section of the National Security Division of the Department of Justice. Former Assistant U.S. Attorney Anthony Asuncion and Assistant U.S. Attorney George P. Varghese, now with the U.S. Attorney’s Office for the District of Massachusetts, investigated the case prior to indictment.

More Problems Ahead For South Philly Auto Shop Don

Veteran organized crime reporter George Anastasia is covering organized crime trials for Bigtrial.net.

Ron Galati, the Don Corleone of the South Philadelphia auto repair business, was arraigned earlier this week on murder-for-hire, conspiracy and witness intimidation charges.

The wannabe wiseguy pleaded not guilty. He is being held without bail pending trial. He is also the target of two other investigations, an insurance fraud probe in Philadelphia and another murder-for-hire and fraud case in New Jersey.

Galati, if the District Attorney's allegations prove true, has apparently turned an insurance fraud pinch that could have landed him in jail for from five to six years into an attempted murder-witness intimidation fiasco that could result in a prison sentence of up to 30 years. That's not a pleasant prospect for the 63-year-old mob associate who underworld sources say always talked a better game than he played.

You can read the rest of the piece via the below link:


http://www.bigtrial.net/2014/02/more-problems-ahead-for-auto-shop.html

Two Former Officers Pled Guilty In Connection With Fraudulent U.S. Army Contracts Scheme

The U.S. Justice Department released the below information:

In San Antonio this morning, New Braunfels, Texas resident Lawrence Peter Fenti and Manhattan, Kansas resident Heidi Lynn Webster pleaded guilty to defrauding the United States in connection with U.S. Army contracts worth millions of dollars for medical equipment and personnel, announced United States Attorney Robert Pitman.

Fenti is a 43-year-old former non-commissioned officer in charge of Base Realignment and Closure issues for Brooks Army Medical Center (BAMC) radiology. Webster is a 50-year-old former U.S. Army officer physician and civilian contractor who specialized in radiology.

Appearing before Chief U.S. District Judge Fred Biery, Fenti and Webster pleaded guilty to one count of conspiracy and one count of bribery. The conspiracy included intent to defraud the United States; violate the government conflict of interest law; commit bribery; commit wire fraud; make false claims against the United States; make false statements to federal authorities; and commit money laundering.

By pleading guilty, the defendants admitted to conspiring together since 2007 to fraudulently secure multiple army contracts and sub-contracts for radiology equipment and services by using Fenti’s position of influence, taking advantage of a prime contractor’s non-competitive bidding status, making false statements and fraudulent claims, and bribing army personnel and army contractors.

Those contracts included a $2 million BAMC magnetic resonance imaging (MRI) contract in June 2008, a $4.9 million BAMC MRI contract in July 2008, a $633,406.69 BAMC staffing contract in September 2008, and a $336,600 MRI contract in September 2009 for Womack Army Medical Center at Fort Bragg, North Carolina. Webster also admitted to paying Fenti thousands of dollars for his role in the overall scheme.

“The defendants in this case treated the American taxpayers like their own personal ATMs, rigging bids for government contracts and inflating invoices for radiology equipment and services. This prosecution should send a message to would-be thieves that we are keeping a close watch on government contracting and when we detect fraud we will respond with the full force of the criminal law,” stated U.S. Attorney Pitman.

Per their plea agreements, Fenti and Webster face a maximum six years in federal prison. During the investigation, authorities have seized approximately $500,000, much of which has been forfeited to the government. In addition, the government is seeking a monetary judgment against Fenti in the amount of $402,485.35, as well as a $613,828 monetary judgment against Webster, representing the amount of proceeds obtained directly or indirectly as a result of their fraudulent scheme. Sentencing will occur after the completion of a pre-sentence report by the U.S. Probation Office.

A third defendant in this case, 43-year-old John Walter Hoffman, owner/operator of Hoffman Surgical Devices Inc. in San Antonio, is awaiting trial on charges of conspiracy to commit wire fraud, money laundering, wire fraud, and making false statements to U.S. Army authorities. Jury selection is scheduled for March 3, 2014.

This investigation was conducted by the U.S. Army Criminal Investigations Division (Army CID), the Internal Revenue Service-Criminal Investigation (IRS-CI), Defense Criminal Investigative Service (DCIS), and the Federal Bureau of Investigation (FBI). Assistant United States Attorney James Blankinship is prosecuting this case on behalf of the government.

Acting New England Cosa Nostra Crime Boss Pleads Guilty In Racketeering And Extortion Conspiracy

 

The U.S. Justice Department released the below information today:

WASHINGTON – Anthony L. Dinunzio, 53, of East Boston, Mass., the acting leader of the New England La Cosa Nostra (NELCN) crime family, pleaded guilty today for his role in a conspiracy to extort protection payments from adult entertainment businesses in Rhode Island, according to a signed plea agreement filed today in U.S. District Court in Providence, R.I.
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The plea agreement was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; Peter F. Neronha, U.S. Attorney for the District of Rhode Island; Richard Deslauriers, Special Agent in Charge of the FBI’s Boston Field Office; Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police; and Providence Public Safety Commissioner Steven M. Pare.
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“Today, Anthony Dinunzio admitted to serving as a leader of the New England La Cosa Nostra, a criminal organization that, while under his control, extorted business owners throughout Rhode Island,” said Assistant Attorney General Breuer. “Dinunzio is the eighth member of the NELCN to plead guilty for his role in the alleged mafia conspiracy that harmed its community for two decades, and this plea is a crucial step in the Justice Department’s fight to dismantle the NELCN.”
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“Prosecutorial offices, when they are at their best, build cases. And not just any cases, but impactful cases. This case is one of those cases,” said U.S. Attorney Neronha. “Through their painstaking hard work, the prosecutors, agents and detectives have decimated organized crime in Rhode Island and, with this plea today, have removed its leader in Boston.”
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“Mr. Dinunzio’s guilty plea based on the evidence gathered by the FBI and our law enforcement partners shows undeniably we have shattered Omerta, the New England LCN’s code of silence,” said Special Agent in Charge DesLauriers. “Our persistent, methodical, and unyielding investigation of those who are part of the LCN and other new national and transnational organized crime groups emerging from every corner of the globe will not stop.”
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Dinunzio pleaded guilty before U.S. District Judge William E. Smith in the District of Rhode Island to one count of conspiracy to participate in a racketeering enterprise (RICO). At sentencing, scheduled for Nov. 14, 2012, Dinunzio faces a maximum penalty of 20 years in prison.
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According to the signed plea agreement, Dinunzio was a member and leader of the NELCN from at least 2002, as charged in a superseding indictment returned on April 24, 2012. Dinunzio admitted committing multiple acts of extortion and knowingly assisted in the charged criminal racketeering conspiracy through the oversight and receipt of monthly protection payments, paid in cash by the owners and operators of certain adult entertainment businesses in Rhode Island. Dinunzio also admitted to obstructing or impeding the administration of justice by, among other methods, attempting to influence, delay or prevent witness testimony related to the investigation and prosecution of NELCN members.
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The superseding indictment alleges that Dinunzio participated with other alleged members and associates of NELCN in a racketeering conspiracy in which monthly cash payments for protection of $2,000 to $6,000 were demanded of the owners and operators of several adult entertainment businesses in Rhode Island.
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To date, seven leaders, underbosses, members or associates of the NELCN have pleaded guilty and been sentenced to federal prison for their involvement in the alleged racketeering and extortion conspiracy to extort protection payments from adult entertainment businesses and individuals in Rhode Island during the past two decades. Admitted NELCN crime boss Luigi “Louie” Manocchio is serving a sentence of 66 months in prison. Edward “Eddy” Lato, an admitted capo, is serving a sentence of 108 months in prison. Alfred “Chippy” Scivola, an admitted NELCN member, is serving a sentence of 46 months in prison. Admitted NELCN associates Richard Bonifiglia, 58, and Albino “Albie” Folcarelli, 54, are both serving sentences of 84 months in prison. Raymond “Scarface” Jenkins is serving a sentence of 37 months in prison. And Thomas Iafrate is serving a sentence of 30 months in prison.
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A ninth defendant, Theodore Cardillo, 69, has entered a plea of not guilty to three counts each of RICO conspiracy and extortion conspiracy and is awaiting trial.
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An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The cases are being prosecuted by Assistant U.S. Attorney William J. Ferland of the District of Rhode Island and Trial Attorney Sam Nazzaro of the Criminal Division’s Organized Crime and Gang Section. The matter was investigated by the FBI, the Rhode Island State Police and the Providence Police Department.

Two Men Charged In Alleged Plot To Assassinate Saudi Arabian Ambassador To The United States

WASHINGTON – Two individuals have been charged in New York for their alleged participation in a plot directed by elements of the Iranian government to murder the Saudi Ambassador to the United States with explosives while the Ambassador was in the United States.

The charges were announced by Attorney General Eric Holder; FBI Director Robert S. Mueller; Lisa Monaco, Assistant Attorney General for National Security; and Preet Bharara, U.S. Attorney for the Southern District of New York.

A criminal complaint filed today in the Southern District of New York charges Manssor Arbabsiar, a 56-year-old naturalized U.S. citizen holding both Iranian and U.S. passports, and Gholam Shakuri, an Iran-based member of Iran’s Qods Force, which is a special operations unit of the Iranian Islamic Revolutionary Guard Corps (IRGC) that is said to sponsor and promote terrorist activities abroad.

Both defendants are charged with conspiracy to murder a foreign official; conspiracy to engage in foreign travel and use of interstate and foreign commerce facilities in the commission of murder-for-hire; conspiracy to use a weapon of mass destruction (explosives); and conspiracy to commit an act of international terrorism transcending national boundaries. Arbabsiar is further charged with an additional count of foreign travel and use of interstate and foreign commerce facilities in the commission of murder-for-hire.

Shakuri remains at large. Arbabsiar was arrested on Sept. 29, 2011, at New York’s John F. Kennedy International Airport and will make his initial appearance today before in federal court in Manhattan. He faces a maximum potential sentence of life in prison if convicted of all the charges.

“ The criminal complaint unsealed today exposes a deadly plot directed by factions of the Iranian government to assassinate a foreign Ambassador on U.S. soil with explosives,” said Attorney General Holder. “Through the diligent and coordinated efforts of our law enforcement and intelligence agencies, we were able to disrupt this plot before anyone was harmed. We will continue to investigate this matter vigorously and bring those who have violated any laws to justice.”

“The investigation leading to today’s charges illustrates both the challenges and complexities of the international threat environment, and our increased ability today to bring together the intelligence and law enforcement resources necessary to better identify and disrupt those threats, regardless of their origin,” said FBI Director Mueller.

“The disruption of this plot is a significant milestone that stems from months of hard work by our law enforcement and intelligence professionals,” said Assistant Attorney General Monaco. “I applaud the many agents, analysts and prosecutors who helped bring about today’s case.”

“As alleged, these defendants were part of a well-funded and pernicious plot that had, as its first priority, the assassination of the Saudi Ambassador to the United States, without care or concern for the mass casualties that would result from their planned attack,” said U.S. Attorney Bharara. “Today’s charges should make crystal clear that we will not let other countries use our soil as their battleground.”

The Alleged Plot:

The criminal complaint alleges that, from the spring of 2011 to October 2011, Arbabsiar and his Iran-based co-conspirators, including Shakuri of the Qods Force, have been plotting the murder of the Saudi Ambassador to the United States. In furtherance of this conspiracy, Arbabsiar allegedly met on a number of occasions in Mexico with a DEA confidential source (CS-1) who has posed as an associate of a violent international drug trafficking cartel. According to the complaint, Arbabsiar arranged to hire CS-1 and CS-1’s purported accomplices to murder the Ambassador, and Shakuri and other Iran-based co-conspirators were aware of and approved the plan. With Shakuri’s approval, Arbabsiar has allegedly caused approximately $100,000 to be wired into a bank account in the United States as a down payment to CS-1 for the anticipated killing of the Ambassador, which was to take place in the United States.

According to the criminal complaint, the IRCG is an arm of the Iranian military that is composed of a number of branches, one of which is the Qods Force. The Qods Force conducts sensitive covert operations abroad, including terrorist attacks, assassinations and kidnappings, and is believed to sponsor attacks against Coalition Forces in Iraq. In October 2007, the U.S. Treasury Department designated the Qods Force for providing material support to the Taliban and other terrorist organizations.

The complaint alleges that Arbabsiar met with CS-1 in Mexico on May 24, 2011, where Arbabsiar inquired as to CS-1’s knowledge with respect to explosives and explained that he was interested in, among other things, attacking an embassy of Saudi Arabia. In response, CS-1 allegedly indicated that he was knowledgeable with respect to C-4 explosives. In June and July 2011, the complaint alleges, Arbabsiar returned to Mexico and held additional meetings with CS-1, where Arbabsiar explained that his associates in Iran had discussed a number of violent missions for CS-1 and his associates to perform, including the murder of the Ambassador.

$1.5 Million Fee for Alleged Assassination:

In a July 14, 2011, meeting in Mexico, CS-1 allegedly told Arbabsiar that he would need to use four men to carry out the Ambassador’s murder and that his price for carrying out the murder was $1.5 million. Arbabsiar allegedly agreed and stated that the murder of the Ambassador should be handled first, before the execution of other attacks. Arbabsiar also allegedly indicated he and his associates had $100,000 in Iran to pay CS-1 as a first payment toward the assassination and discussed the manner in which that payment would be made.

During the same meeting, Arbabsiar allegedly described to CS-1 his cousin in Iran, who he said had requested that Arbabsiar find someone to carry out the Ambassador’s assassination. According to the complaint, Arbabsiar indicated that his cousin was a “big general” in the Iranian military; that he focuses on matters outside Iran and that he had taken certain unspecified actions related to a bombing in Iraq.

In a July 17, 2011, meeting in Mexico, CS-1 noted to Arbabsiar that one of his workers had already traveled to Washington, D.C., to surveill the Ambassador. CS-1 also raised the possibility of innocent bystander casualties. The complaint alleges that Arbabsiar made it clear that the assassination needed to go forward, despite mass casualties, telling CS-1, “They want that guy [the Ambassador] done [killed], if the hundred go with him f**k ‘em.” CS-1 and Arbabsiar allegedly discussed bombing a restaurant in the United States that the Ambassador frequented. When CS-1 noted that others could be killed in the attack, including U.S. senators who dine at the restaurant, Arbabsiar allegedly dismissed these concerns as “no big deal.”

On Aug. 1, and Aug. 9, 2011, with Shakuri’s approval, Arbabsiar allegedly caused two overseas wire transfers totaling approximately $100,000 to be sent to an FBI undercover account as a down payment for CS-1 to carry out the assassination. Later, Arbabsiar allegedly explained to CS-1 that he would provide the remainder of the $1.5 million after the assassination. On Sept. 20, 2011, CS-1 allegedly told Arbabsiar that the operation was ready and requested that Arbabsiar either pay one half of the agreed upon price ($1.5 million) for the murder or that Arbabsiar personally travel to Mexico as collateral for the final payment of the fee. According to the complaint, Arbabsiar agreed to travel to Mexico to guarantee final payment for the murder.

Arrest and Alleged Confession:

On or about Sept. 28, 2011, Arbabsiar flew to Mexico. Arbabsiar was refused entry into Mexico by Mexican authorities and, according to Mexican law and international agreements; he was placed on a return flight destined for his last point of departure. On Sept. 29, 2011, Arbabsiar was arrested by federal agents during a flight layover at JFK International Airport in New York. Several hours after his arrest, Arbabsiar was advised of his Miranda rights and he agreed to waive those rights and speak with law enforcement agents. During a series of Mirandized interviews, Arbabsiar allegedly confessed to his participation in the murder plot.

According to the complaint, Arbabsiar also admitted to agents that, in connection with this plot, he was recruited, funded and directed by men he understood to be senior officials in Iran’s Qods Force. He allegedly said these Iranian officials were aware of and approved of the use of CS-1 in connection with the plot; as well as payments to CS-1; the means by which the Ambassador would be killed in the United States and the casualties that would likely result.

Arbabsiar allegedly told agents that his cousin, who he had long understood to be a senior member of the Qods Force, had approached him in the early spring of 2011 about recruiting narco-traffickers to kidnap the Ambassador. Arbabsiar told agents that he then met with the CS-1 in Mexico and discussed assassinating the Ambassador. According to the complaint, Arbabsiar said that, afterwards, he met several times in Iran with Shakuri and another senior Qods Force official, where he explained that the plan was to blow up a restaurant in the United States frequented by the Ambassador and that numerous bystanders could be killed, according to the complaint. The plan was allegedly approved by these officials.

In October 2011, according to the complaint, Arbabsiar made phone calls at the direction of law enforcement to Shakuri in Iran that were monitored. During these phone calls, Shakuri allegedly confirmed that Arbabsiar should move forward with the plot to murder the Ambassador and that he should accomplish the task as quickly as possible, stating on Oct. 5, 2011, “[j]ust do it quickly, it’s late . . .” The complaint alleges that Shakuri also told Arbabsiar that he would consult with his superiors about whether they would be willing to pay CS-1 additional money.

This investigation is being conducted by the FBI Houston Division and DEA Houston Division, with assistance from the FBI New York Joint Terrorism Task Force. The prosecution is being handled by Assistant U.S. Attorneys Glen Kopp and Edward Kim, of the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division. The Office of International Affairs of the Justice Department’s Criminal Division and the U.S. State Department provided substantial assistance. We thank the government of Mexico for its close coordination and collaboration in this matter, and for its role in ensuring that the defendant was safely apprehended.