Federal Jury Finds Greenville Man Guilty in Firearms Trial

Source: United States Attorneys General

Headline: Federal Jury Finds Greenville Man Guilty in Firearms Trial

Columbia, South Carolina —- United States Attorney Beth Drake announced today that a jury returned a guilty verdict following a two-day jury trial in federal court in Greenville, South Carolina, finding Harvest Maurice Sloan, age 38, of Greenville, guilty of possession by a firearm and ammunition by a felon.  The trial wrapped up yesterday afternoon and was held before United States District Judge Mary Geiger Lewis, of Columbia. Judge Lewis will impose a sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.

The government presented multiple witnesses during the course of the trial.  Witness testimony and the evidence presented by the government at trial established that on April 25, 2017, a Greenville police officer encountered the defendant, Harvest Maurice Sloan, at a car while the officer was investigating a stolen vehicle report. During a search of the car police located a backpack containing a loaded Ruger 9mm pistol, along with additional 9mm ammunition from the front seat area of the car.

A special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) retrieved calls made by Harvest Maurice Sloan from the Greenville County jail that contained conversations relating to the pistol recovered by police.

The case was investigated by the Greenville Police Department, the Greenville County Forensic Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Max Cauthen prosecuted the case.

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Four Individuals Indicted For Conspiracy To Possess And Import Over $5 Million In Cocaine

Source: United States Attorneys General

Headline: Four Individuals Indicted For Conspiracy To Possess And Import Over $5 Million In Cocaine

SAN JUAN, Puerto Rico – On February 1, 2018, a federal grand jury in the District of Puerto Rico returned an indictment against four defendants charged with Conspiracy to Possess with the Intent to Distribute Cocaine and Conspiracy to Import a Controlled Substance. Agents  from the U.S. Customs and Border Protection (CBP) Air and Marine Operations along with agents from the Federal Bureau of Investigation seized 292 pounds (132 kilos) of cocaine concealed inside two hidden compartments in a vessel, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico.

On January 27, 2018, a CBP St. Thomas Marine Unit intercepted a vessel after it had left Crown Bay Marina in the United States Virgin Islands (USVI).  The vessel was headed towards Puerto Rico. Due to the rough sea conditions, the crew escorted the vessel back to the Crown Bay cruise ship dock in the USVI where a CBP K9 inspected the vessel. During a subsequent inspection of the vessel, agents discovered a hidden compartment inside the vessel. Inside this hidden compartment, agents recovered approximately 55 brick shaped objects, which later tested positive for the characteristics of cocaine.

On January 28, 2018, the Federal Bureau of Investigations with the help of the United States Attorney’s Office in the District of the Virgin Islands obtained a search warrant for the vessel. During a thorough search of the vessel, St. Thomas Marine Unit agents found an additional 56 brick shaped objects, which later tested positive for the characteristics of cocaine.  The kilograms of cocaine were located in a hidden compartment under the carpet holding a bolted down table in the bow of the vessel.

At the time of the interdiction, there were four individuals on board, all of whom were  Indicted in the District of Puerto Rico: Maximiliano Fígaro-Benjamín and Emiliano Fígaro-Benjamín, United States Permanent Resident Card holders from the Dominican Republic; Alexandria Andino-Rodríguez, a United States Citizen; and Katerin Martinez-Alberto, a United States Permanent Resident Card holder from Switzerland.

A total of 111 bricks of cocaine was seized from the defendants, weighing 292 pounds (132 kilos). The estimated wholesale value of the narcotics is over $5 million.

The Federal Bureau of Investigation is in charge of the investigation along with agents from the Caribbean Corridor Strike Force (CCSF), with the collaboration of the United States Coast Guard (USCG), U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO), CBP Air and Marine Operations (CBP AMO), CBP United States Border Patrol (CBP USBP), Homeland Security Investigations (HSI) and PR Joint Forces of Rapid Action (FURA). The CCSF is an initiative of the U.S. Attorney’s Office created to disrupt and dismantle major drug trafficking organizations operating in the Caribbean. CCSF is part of the Organized Crime Drug Enforcement Task Force (OCDETF), which investigates South American-based drug trafficking organizations responsible for the movement of multi-kilogram quantities of narcotics using the Caribbean as a transshipment point for further distribution to the United States. The initiative is composed of DEA, HSI, FBI, US Coast Guard, US Attorney’s Office for the District of Puerto Rico, and PRPD’s Joint Forces for Rapid Action.

Assistant U.S. Attorneys Stuart J. Zander and Laura Montes are in charge of the prosecution of the case, under the supervision of Assistant U.S. Attorney Julia Díaz-Rex, Deputy Chief of the International Narcotics Unit. If convicted the defendants face a minimum sentence of 10 years, and up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.

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Pittston Man Sentenced To 33 Month’s Imprisonment For Role In Drug Conspiracy

Source: United States Attorneys General

Headline: Pittston Man Sentenced To 33 Month’s Imprisonment For Role In Drug Conspiracy

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on January 31, 2018, United States District Court Judge Malachy E. Mannion sentenced Evans Samuel Santos Diaz, age 33, of Pittston, Pennsylvania, to 33 months’ imprisonment for his role in a drug conspiracy. 

According to United States Attorney David J. Freed, Santos Diaz was convicted after a three-day trial in August 2017, of conspiring to distribute cocaine and 30 grams of heroin (which equates to approximately 1,200 individual doses) throughout Northeastern Pennsylvania between February and April 2016.

Santos Diaz was indicted by a grand jury on October 25, 2016.

The investigation was conducted by the Drug Enforcement Administration, the Federal Bureau of Investigation, Pennsylvania State Police, and the Scranton and Wilkes-Barre Police Departments.  Assistant United States Attorneys Evan Gotlob and Sean Camoni prosecuted the case.

This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

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Harrisburg Man Sentenced To 15 Years’ Imprisonment For Firearms Charges

Source: United States Attorneys General

Headline: Harrisburg Man Sentenced To 15 Years’ Imprisonment For Firearms Charges

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Saquan Parker, age 34, of Harrisburg, Pennsylvania, was sentenced on February 1, 2018, by United States District Court Judge Yvette Kane to 180 months’ imprisonment for firearm charges.

According to United States Attorney David J. Freed, on August 18, 2015, Parker and co-defendant Jordan Keys tried to sell four stolen firearms (CBC .22 caliber rifle, Remington 12 gauge shotgun, Winchester 30/30 rifle, and a Marlin .22 caliber rifle) to a pawn broker in Susquehanna Township, Dauphin County. Parker and Keys were arrested at that time by the Susquehanna Township Police Department. Parker was a convicted felon who illegally possessed the four stolen firearms.

Keys was sentenced on November 16, 2017, to 36 months’ imprisonment.

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

The investigation was conducted by Harrisburg Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Susquehanna Township and Fairview Township Police Departments. Assistant United States Attorneys William Behe and Michelle Olshefski prosecuted the case.

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Additional Explosives Charges Filed Against Luzerne County Man

Source: United States Attorneys General

Headline: Additional Explosives Charges Filed Against Luzerne County Man

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on January 30, 2018, a federal grand jury in Scranton returned a superseding indictment charging Roberto Torner, age 44, a resident of Freeland, Pennsylvania, with additional explosives offenses.

According to United States Attorney David J. Freed, the superseding indictment alleges that Torner possessed stolen C-4 explosives between September 6, 2017 to January 5, 2018. Torner and two other individuals, Liza Robles, age 33, and David Alzugaray-Lugones, age 48, previously were charged with various heroin distribution and firearms offenses on November 7, 2017. Torner was on pretrial release at the time of the alleged explosives offenses, but has since been taken into custody.

Torner, Robles and Alzugaray-Lugones were previously charged with conspiring to distribute heroin from June 2, 2015 to June 8, 2015. All three individuals also were charged with distributing heroin on June 8, 2015.

Torner and Robles were previously charged with conspiring, from May 12, 2012 to August 28, 2017, to provide firearms and ammunition to a convicted felon and to possess firearms and ammunition as a convicted felon. The indictment alleges that Robles purchased six firearms from various federal firearms licensees and other unnamed individuals, including two assault rifles, and provided them to Torner, a convicted felon prohibited from purchasing firearms. The indictment also alleges that Torner purchased a shotgun from an unnamed individual.

Robles also was initially charged with providing firearms and ammunition to Torner, despite knowing of his status as a felon. Torner also was charged with being a felon in possession of firearms and ammunition. Alzugaray-Lugones also was initially charged with being an illegal alien in possession of a firearm and ammunition.

The superseding indictment seeks forfeiture of $4,000, over 1,500 rounds of ammunitions, and various firearms seized during the investigation. The firearms are:

• Magnum Research 1911U .45acp;

• Hi-Point JHP .45acp;

• Stag Arms STAG-15, .223 cal. (a semiautomatic firearm that is capable of accepting a large capacity magazine);

• Mossberg 500 12-gauge shotgun;

• Norinco MAC90 (a semiautomatic firearm that is capable of accepting a large capacity magazine); and a

• Tikka T3, 30.06 rifle.

The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms. The case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalties under federal law for the most serious narcotics charges are 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalties under federal law for the most serious firearms and explosives charges are 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant. # # #

Hazleton Man Sentenced To Two Years In Prison For Making Straw Purchases Of Firearms

Source: United States Attorneys General

Headline: Hazleton Man Sentenced To Two Years In Prison For Making Straw Purchases Of Firearms

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Amaury Guzman-Escobar, age 31, of Hazleton, Luzerne County, was sentenced today by United States District Court Judge Malachy E. Mannion, to serve two years in prison on the charge of conspiracy to make false statements to a federally licensed firearms dealer. 

According to United States Attorney David J. Freed, Guzman-Escobar admitted that he and another individual, Crystal Muentes, age 34, of Scranton, provided false information regarding the purchase of two firearms from Dave’s Gun Shop, in Drums, Luzerne County, on June 1, 2016 and June 17, 2016, and the purchase of a firearm from Ed’s Sports Shop in Tamaqua, Schuylkill County, on June 17, 2016.  Two of the firearms purchased by Guzman-Escobar and Muentes were later recovered in the mail by Postal Inspectors in Puerto Rico.

In addition to the sentence of imprisonment, Judge Mannion ordered that Guzman-Escobar be supervised by a probation officer for three years after his release from prison.   

Crystal Muentes was previously sentenced by Judge Mannion to serve two years of probation. 

This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Postal Inspection Service.   Members of the Scranton Police Department also participated in the investigation.  Assistant U.S. Attorney Robert J. O’Hara prosecuted the case.

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

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Former Irondequoit Police Officer Sentenced For Cyber Stalking His Ex-Girlfriend

Source: United States Attorneys General

Headline: Former Irondequoit Police Officer Sentenced For Cyber Stalking His Ex-Girlfriend

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that William Robert Rosica, 51, of Irondequoit NY, who was convicted of cyberstalking and computer intrusion, was sentenced to 60 months in prison to be followed by three years of supervised release, by Chief U.S. District Judge Frank P. Geraci, Jr. For the first year of supervised release, the defendant will be on home detention. Judge Geraci also ordered Rosica to pay restitution to the victim totaling $2,215.76.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that between February 2016, and March 2017, the defendant, a former Irondequoit Police Officer, subjected the victim to a relentless campaign directed toward threatening and psychologically torturing his victim and injuring, harassing, and intimidating her. Rosica used direct, indirect, and digital surveillance in a focused campaign of online abuse, physical stalking, and harassment aimed at destroying the victim’s life.

The defendant created multiple fictitious email accounts and sent hundreds of harassing emails and text messages to the victim, her family, and her employer. During this time, Rosica also directed and used other people to conduct physical surveillance of the victim and her family, which included people driving by the victim’s home and place of employment and reporting their observations back to Rosica who then used the information to harass the victim. The defendant improperly used his position as a police officer to access law enforcement databases and other restricted online systems in order to obtain information on the victim and her family. Other harassing behaviors included:

• anonymous emails and text messages directing and instructing the victim to commit suicide;
• unlawfully accessing and attempting to access the victim’s cellular phone online account and attempting to reset the victim’s password;
• unlawfully accessing and attempting to access the victim’s work email and voicemail accounts on several hundred occasions;
• unlawfully accessing and attempting to access the victims’s Walgreens Pharmacy and University of Rochester MyChart health care account on multiple occasions; and
• unlawfully accessing and attempting to access the victim’s Time Warner Cable online account on multiple occasions. Rosica also unlawfully accessed the Time Warner Cable account of the victim’s family.

Following his arrest, the defendant made materially false statements to FBI Agents. In addition, the investigation identified several other victims who were subjected to similar physical and digital harassment over several years before he started stalking the victim. As part of the investigation, the FBI conducted extensive electronic and physical surveillance during which they identified Rosica driving by the victim’s home on multiple occasions in various vehicles while attempting to disguise himself from detection. They also obtained footage of the defendant buying some of the items he used to harass the victim, including pay-as-you-go credit cards. Rosica was also captured on audio recordings and digital chats trying to access the victim’s online accounts. The defendant commenced his nearly year-long campaign to harass and torment the victim after she ended their three-year relationship in February 2016.

“The badge worn on the chest of law enforcement officers in our country serves as a gleaming reminder of the many virtues, such as bravery, honor, and duty, found within the hearts they cover,” noted U.S. Attorney Kennedy. “In this case, however, Rosica hid behind his badge and used it to cover the cruel cowardice which existed within his depraved heart. The maximum sentence imposed by the Court was richly deserved.”

“In an ironic and satisfying way, law enforcement identified, arrested, and removed William Rosica from living and working in our community using the same type of techniques he used to sadistically stalk and surveille his victims,” said FBI Buffalo Division’s Assistant Special Agent in Charge Philip E. Frigm, Jr. “The FBI’s Cyber Task Force and its partners conducted this investigation because stalking is no longer only a crime committed by people who physically follow and track their victims. And, today’s sentencing proves that cyber stalking — especially through intrusions as was done in this case — is no less sinister or frightening.”

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and New York State Police under the direction of Major Richard Allen.

Hedge Fund Manager Charged In Manhattan Federal Court With Scheme To Defraud Investors

Source: United States Attorneys General

Headline: Hedge Fund Manager Charged In Manhattan Federal Court With Scheme To Defraud Investors

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the arrest and unsealing of a complaint charging NICHOLAS JOSEPH GENOVESE with securities and wire fraud in connection with a scheme to induce investments in a hedge fund by misrepresenting his qualifications and professional background.  From 2015 through January 2018, GENOVESE fraudulently solicited investments in a hedge fund that he had founded, Willow Creek Investments LP (“Willow Creek”), by claiming that he had impressive credentials and a long history serving in significant roles at major Wall Street financial institutions.  Victims invested at least $4 million with GENOVESE based on these representations.  The claims that GENOVESE made to help secure these investments, however, were false.  GENOVESE did not possess the credentials he claimed and had never worked at the financial institutions he referenced.  In addition, GENOVESE failed to inform his investors that he had multiple felony convictions for grand larceny, forgery, and related offenses.  GENOVESE was arrested today and will be presented in the Southern District of Florida.

In a separate action, the Securities and Exchange Commission (“SEC”) filed civil charges against GENOVESE.  

U.S. Attorney Berman said:  “Nicholas Genovese allegedly touted fictitious credentials when luring victims to invest over $4 million into his hedge fund, Willow Creek, falsely claiming to have an Ivy League MBA and to have held senior roles at Wall Street firms.  In reality, as alleged, Genovese had a criminal history and lost millions in stock trades.  We thank our law enforcement and regulatory partners for their continued efforts to eliminate fraud from our equity markets.” 

Assistant Director-in-Charge Sweeney said:  “Through a series of gross misrepresentations, about himself and his supposed credentials, Genovese solicited millions of dollars from victims who invested in the hedge fund he founded. But he was no master of illusion, as proven by the nearly $8 million he lost throughout the course of this smoke-and-mirrors scheme. While this money may have seemingly vanished into thin air, his intentions have been clearly interpreted. Today we hold him accountable for his crime.”

According to the allegations in the Complaint unsealed in Manhattan federal court:[1]

In or about September 2015, GENOVESE began soliciting individuals to invest in the hedge fund that became Willow Creek.  In multiple conversations and later in written offering materials, GENOVESE represented, among other things, that he had graduated from the University of Kentucky and Dartmouth College’s Tuck School of Business, and that he had extensive Wall Street experience.  In particular, GENOVESE claimed that he had been a Goldman Sachs partner and a Bear Sterns portfolio manager before forming Willow Creek.  Based in part on these claims, victims invested at least $4 million with GENOVESE.    

These representations were false.  Records indicate that GENOVESE did not attend the University of Kentucky or the Tuck School of Business and had never worked for Goldman Sachs or Bear Stearns.  GENOVESE also did not tell his investors that he had multiple prior felony convictions. 

When investors began to ask for their money back, GENOVESE put them off.  He told one investor that he would only return that investor’s funds after “the stars have aligned,” or else there would be a risk that almost all the money would be lost as a result of the purported impracticalities of unwinding unspecified trading positions.  Records indicate that GENOVESE lost approximately $8 million trading in TD Ameritrade accounts between January 2015 and December 2017. 

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GENOVESE, 52, is a resident of New York, New York.  GENOVESE is charged with one count of securities fraud and one count of wire fraud.  Each charge carries a maximum term of 20 years in prison.  The charges also carry a maximum fine of $5 million, or twice the gross gain or loss from the offense.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.           

Mr. Berman praised the work of the FBI and thanked the SEC for its assistance. 

This case is being handled by the Office’s Securities and Commodities Fraud Task Force.  Assistant United States Attorney Samson Enzer is in charge of the prosecution.  

The allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Former Brooklyn Assistant District Attorney Sentenced for Illegal Wiretapping Scheme

Source: United States Attorneys General

Headline: Former Brooklyn Assistant District Attorney Sentenced for Illegal Wiretapping Scheme

Earlier today, at the federal courthouse in Brooklyn, Tara Lenich, a former supervisory Assistant District Attorney with the Kings County District Attorney’s Office (KCDA), was sentenced by United States District Judge William F. Kuntz II to a year and one day in prison on each of the two counts, to be served concurrently, after having pled guilty on April 3, 2017 to two counts of illegally intercepting oral and electronic communications occurring over two cellular telephones. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.

According to court filings and facts presented at the sentencing hearing, for nearly 18 months between approximately June 2015 and November 2016, Lenich illegally listened to phone conversations and viewed text messages sent to and from two cellular telephones.  As part of her illegal conduct, she created fraudulent judicial orders and forged the signatures of multiple New York State judges onto judicial orders that purportedly authorized the KCDA to intercept communications occurring over the two cellular telephones.  Lenich then misappropriated KCDA equipment to intercept, monitor, and record the communications to and from the two cellular telephones.  In furtherance of her scheme, Lenich also created fraudulent search warrants, which she then used to obtain unlawfully intercepted text messages sent to and from the two cellular telephones.  To conceal her scheme, Lenich lied to her colleagues at the KCDA, telling them that she was conducting a highly sensitive, confidential criminal investigation. 

“Former Assistant District Attorney Lenich violated her duty to the public as a prosecutor when she engaged in her long-running illegal scheme,” stated United States Attorney Donoghue.  “The victims of her scheme include the individuals whose privacy rights she violated by listening to and reading their private communications, the state court judges whose signatures she forged in order to perpetrate her scheme, the Kings County District Attorney’s Office whose reputation of integrity she damaged, and the public whose trust she betrayed.  Today’s sentencing serves as a reminder that no one is above the law.”  Mr. Donoghue expressed his appreciation to the KCDA for its cooperation.

“Without the appropriate legal authority to intercept and access communications, Lenich unlawfully listened in on personal conversations between her victims, evading the due process of law all public officials are expected to uphold,” stated FBI Assistant Director-in-Charge Sweeney.  “It’s our hope today’s sentencing will send a strong message to anyone who thinks they can get away with this egregious abuse of power.”  

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorneys Maria Cruz Melendez and Robert Polemeni are in charge of the prosecution.

The Defendant:

TARA LENICH
Age: 42
New York, NY

E.D.N.Y. Docket No. 17-CR-154 (WFK)

Former Dover Resident Sentenced For Stealing Children’s Social Security Benefits

Source: United States Attorneys General

Headline: Former Dover Resident Sentenced For Stealing Children’s Social Security Benefits

          CONCORD, N.H. – Arthur Nunes, III, 41, formerly of Dover, New Hampshire, was sentenced to serve 13 months in federal prison for making a false statement to obtain Social Security benefits, Acting United States Attorney John J. Farley announced today.  

          According to court documents and statements made in court, in February of 2012, Nunes submitted an application for Child’s Insurance Benefits to the Social Security Administration (SSA) on behalf of his two children based on the earnings record of their mother, who had passed away in January of 2012.  On the application, he indicated that the children resided with him.  The application was approved and Nunes, as the children’s representative payee, began receiving monthly benefits in March of 2012.  As their representative payee, Nunes was responsible for using the benefits he received on behalf of his children for their current needs, such as food, clothing, housing, and medical care.

          In reality, however, after the death of their mother in January 2012, Nunes’s children lived with another relative and Nunes used his children’s benefits for his own use.  Nunes’s concealment of his children’s true residency and his failure to use the benefits for their needs caused him to get $36,526 in Child’s Insurance Benefits payments that he was not entitled to receive.

          Nunes, who pleaded guilty on October 27, 2017, also was ordered to pay $36,526 in restitution.

          “Federal benefit programs provide an important source of support for many deserving families,” said Acting U.S. Attorney Farley.  “Unfortunately, there are some individuals who attempt to defraud the system and obtain money that they are not entitled to receive.  The U.S. Attorney’s Office works closely with the SSA’s Office of the Inspector General to ensure that those who attempt to defraud the SSA are identified and prosecuted so that government funds are available for those who should be receiving them.” 

          “As this sentence demonstrates, the SSA OIG is committed to investigating cases of representative payee fraud, which involves the theft of government funds and harm to innocent children who are deserving of Social Security benefits,” said Scott Antolik, Special Agent-in-Charge of the SSA Office of the Inspector General Boston Field Division. “We will continue to work with our law enforcement partners and the U.S. Attorney’s Office to investigate and prosecute all forms of Social Security fraud.”

          This matter was investigated by the Social Security Administration’s Office of the Inspector General.  The case is being prosecuted by Special Assistant U.S. Attorneys Matthew T. Hunter and Karen B. Burzycki.

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