Source: United States Department of Justice

An indictment was unsealed yesterday charging a U.S. citizen residing in Canada for orchestrating a multimillion-dollar pyramid scheme under the name 8 Figure Dream Lifestyle LLC (8FDL). Guilty pleas by his co-conspirators, who participated in the same scheme, were unsealed today.

According to court documents, Alex Dee, formerly known as Alex Dowlatshahi, 49, of Maple Ridge, British Columbia, allegedly was the co-founder of 8FDL. Brian Kaplan, 52, of Fort Collins, Colorado, and Jerrold Maurer, 58, of North Bellmore, New York, co-founded 8FDL with Dee and participated in the scheme.

From January 2017 through June 2019, Dee allegedly ran 8FDL as a pyramid scheme. Dee and his co-conspirators allegedly recruited participants through emails, robocalls, promotional videos, and webinars. They allegedly told consumers that 8FDL was a legitimate business with real products and lied to prospective members about how much money they could make, how much others who had joined 8FDL had made, and the ongoing costs associated with the business. For example, Dee allegedly wrote and sent mass-marketing emails claiming that typical members with no prior skills or experience could easily earn between $5,000 and $10,000 in 10 to 14 days after joining the program, and that most members were averaging two to three sales in their first 30-45 days. In fact, the vast majority of people who joined 8FDL never made any money. 

Dee was arrested at the U.S.-Canada border on Tuesday while trying to enter Washington state from British Columbia. He made his initial appearance on Wednesday before a magistrate judge in the Western District of Washington.

Dee is charged with one count of conspiracy to commit wire fraud and four counts of wire fraud. If convicted, he faces a maximum penalty of 20 years in prison on each of the charged counts. Kaplan and Maurer were each charged with one count of conspiracy to commit wire fraud and both pleaded guilty. They have yet to be sentenced, and each faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division and Inspector in Charge Eric Shen of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group made the announcement.

USPIS is investigating the case.

Trial Attorneys Brandon Burkart and Andrew Jaco and Assistant Chief William Johnston of the Criminal Division’s Fraud Section are prosecuting the case. The department received assistance from the Federal Trade Commission.

If you believe you are a victim in this case, please contact the Fraud Section’s Victim Witness Unit toll-free at (888) 549-3945 or by email at victimassistance.fraud@usdoj.gov. To learn more about victims’ rights, please visit www.justice.gov/criminal/criminal-vns/victim-rights-derechos-de-las-v-ctimas.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice

A Mexican national was sentenced today to 21 years and 10 months in prison and ordered to forfeit $280 million for his role in an international conspiracy to transport tens of thousands of kilograms of cocaine into the United States over the span of four decades.

In March 2023, Raul Flores-Hernandez, 71, pleaded guilty in the U.S. District Court for the District of Columbia to international cocaine trafficking conspiracy.

“For more than three decades, Raul Flores-Hernandez worked with the leaders of the world’s largest, most violent cartels, including El Chapo of the Sinaloa Cartel, to traffic deadly drugs into the United States,” said Attorney General Merrick B. Garland. “The Justice Department has held him accountable for his crimes, and he has been sentenced to more than 20 years in prison. Anyone who profits from the violence and devastation of the illegal drug trade at the expense of the American people should be prepared to face the full force of the Justice Department.”

“It may be impossible to quantify the destruction wrought by this defendant channeling vast quantities of cocaine across the globe,” said U.S. Attorney Tara McGrath for the Southern District of California. “One thing is certain—­­­the world is far safer with this sentence.”

According to court documents, Flores-Hernandez was the leader of a drug trafficking organization responsible for trafficking hundreds of millions of dollars’ worth of cocaine from South America through Mexico and into the United States. For example, in 2003, Flores-Hernandez and his partners used oil tanks to smuggle more than two tons of cocaine into Mexico every week, at least half of which was imported into the United States. In 2007 and 2008, Flores-Hernandez sent tens of millions of dollars in U.S. currency to Colombia to purchase cocaine. During his time as a narcotrafficker Flores-Hernandez was closely aligned with the leaders of some of the most violent drug cartels, including Joaquin “El Chapo” Guzman of the Sinaloa Cartel and Hector Beltran of the Beltran Leyva Organization.

“Raul Flores Hernandez spent decades working closely with El Chapo and others to transport hundreds of kilograms of cocaine from South America, through Mexico, into the United States, knowing it would devastate American communities,” said Administrator Anne Milgram of the Drug Enforcement Administration (DEA). “He will now spend decades in prison. I commend DEA’s Los Angeles Field Division and San Ysidro District Office and our law enforcement partners for their work bringing Flores Hernandez to justice.” 

“Today’s sentencing is the result of the close cooperation and dedication of HSI’s domestic and international law enforcement partners,” said Executive Associate Director Katrina W. Berger of Homeland Security Investigations (HSI). “HSI is dedicated to working with our partners to investigate, disrupt, and dismantle those transnational criminal organizations that threaten national security and the safety of our communities.”

The DEA Los Angeles Field Division and San Ysidro Office, as well as HSI San Diego, investigated the case, with assistance from the U.S. Marshals Service’s Investigative Operations Division.

Acting Assistant Deputy Chief Melanie L. Alsworth and Trial Attorneys Kirk Handrich and Jonathan Hornok of the Criminal Division’s Narcotic and Dangerous Drug Section and Assistant U.S. Attorney Kyle Martin for the Southern District of California represented the United States during Flores-Hernandez’s sentencing.

The Justice Department’s Office of International Affairs worked with Mexican authorities to secure the arrest and extradition of Flores-Hernandez.

Source: United States Department of Justice

Defyned Brands, an Austin, Texas, company also known as 5 Star Nutrition LLC, pleaded guilty today to a three-count information charging it with distributing misbranded dietary supplements.

Pursuant to the plea agreement, the company admitted that from September 2018 to July 2020, it delivered into interstate commerce misbranded dietary supplements, which are considered a type of food under the federal Food, Drug and Cosmetic Act (FDCA). The company specifically admitted that shipments of products known as Epivar, Alpha Shredded and Laxobolic were misbranded. According to the plea agreement, the products contained ingredients mislabeled as dietary ingredients or not listed on the product label.

The products at issue were marketed as workout supplements and sold at 5 Star Nutrition retail locations. As part of the plea, the company agreed to forfeit $4.5 million and comply with the terms of a compliance program and certain compliance reporting requirements. Magistrate Judge Susan Hightower of the U.S. District Court for the Western District of Texas presided over the plea.

“Consumers deserve to know what is in the dietary supplements they take,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to investigate dietary supplement manufacturers and distributors who sell products that do not comply with the law, including through criminal enforcement where appropriate.”

“For almost two years, the defendant in this case misinformed consumers with inaccurate labeling on dietary supplements,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “By requiring this company to forfeit its profits from this practice, we hope to reaffirm the public’s confidence in the safety of the products they purchase.”

“U.S. consumers rely on FDA oversight of foods to ensure that they are safe and wholesome. Companies that produce, sell or distribute misbranded dietary supplements put the public health at risk,” said Special Agent in Charge Charles Grinstead of the Food and Drug Administration’s Office of Criminal Investigations (FDA-OCI) Kansas City Field Office. “We will continue to investigate violators of our laws and work to bring them to justice.”

FDA-OCI investigated the case.

Senior Litigation Counsel David Sullivan and Trial Attorney Manu J. Sebastian of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Matt Harding for the Western District of Texas prosecuted the case.

Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch.

Source: United States Department of Justice

A federal jury convicted a Puerto Rico legislator and her husband today for engaging in a years-long theft, bribery, and kickback conspiracy scheme to fraudulently inflate the salary of a legislative assistant in exchange for a portion of the assistant’s inflated salary.

According to court documents and evidence presented at trial, from early 2017 until July 2020, María Milagros Charbonier-Laureano, also known as Tata, a member of the Puerto Rico House of Representatives, along with her husband, Orlando Montes-Rivera, and her assistant, Frances Acevedo-Ceballos, executed a scheme to defraud the Commonwealth of Puerto Rico by engaging in a theft, bribery, and kickback scheme. Over the course of the scheme, Charbonier-Laureano inflated Acevedo-Ceballos’s salary from $800 on a bi-weekly, after-tax basis to nearly $2,900. Out of every inflated paycheck, it was agreed that Acevedo-Ceballos would keep a portion, and kick back between $1,000 and $1,500 to Charbonier-Laureano and Montes-Rivera.

After learning of the investigation into illegal activities in her office and of a warrant that had been obtained for one of her phones, Charbonier-Laureano proceeded to delete certain data on the phone. In particular, Charbonier-Laureano deleted nearly the entire call log, nearly all WhatsApp messages, and nearly all iMessages associated with the phone.

The jury convicted Charbonier-Laureano and Montes-Rivera of one count of conspiracy; two counts of theft, bribery, and kickbacks concerning programs receiving federal funds; six counts of honest services wire fraud; and two counts of money laundering. The jury also convicted Charbonier-Laureano of obstruction of justice for destroying data on her cell phone.

Charbonier-Laureano and Montes-Rivera are scheduled to be sentenced on April 10 and face a maximum penalty of five years in prison on the conspiracy count; a maximum penalty of 10 years in prison on each federal funds theft, bribery, and kickbacks count; a maximum penalty of 20 years in prison on each honest services wire fraud count; and a maximum penalty of 20 years in prison on each money laundering count. Charbonier-Laureano also faces a maximum penalty of 20 years in prison on the obstruction of justice count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acevedo-Ceballos pleaded guilty on Nov. 7 to federal funds bribery and is scheduled to be sentenced on Feb. 5, 2024.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, and Special Agent in Charge Joseph Gonzalez of the FBI San Juan Field Office made the announcement.

The FBI investigated the case.

Trial Attorneys Jonathan E. Jacobson and Kathryn E. Fifield of the Criminal Divion’s Public Integrity Section and Assistant U.S. Attorney María L. Montañez Concepción for the District of Puerto Rico are prosecuting the case.

Source: United States Department of Justice

A former Federal Bureau of Prisons (FBOP) Corrections Officer, Robert D. Smith, 38, pleaded guilty today in federal court to one count of sexual abuse of a ward.

“Today, Robert Smith pleaded guilty to sexually abusing a woman in his custody, in violation of the law and his sworn duty as a Federal Bureau of Prisons officer,” said Deputy Attorney General Lisa O. Monaco. “This prosecution is the latest example of the Justice Department holding to account those who exploit their positions of authority within the Federal Bureau of Prisons and working to eliminate sexual assault from our prison systems.”

“When officials inside our jails and prisons carry out acts of sexual violence against vulnerable women in their custody, they will be held accountable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “There is zero tolerance for corrections officers who misuse their authority to commit egregious sex crimes, and that rule applies equally to those who work at federal prisons. The Justice Department will continue to aggressively prosecute sexual predators in correctional settings, while standing up for the civil rights of the survivors of these heinous crimes.”

“As today’s guilty plea demonstrates, the Office of the Inspector General is committed to ensuring that Federal Bureau of Prisons employees who exploit their power and authority to sexually abuse inmates are brought to justice and held accountable for their heinous acts,” said Inspector General Michael E. Horowitz of the Justice Department’s Office of the Inspector General (DOJ-OIG).

“Sexual abuse of prison inmates by federal corrections officers is intolerable,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “My office will continue to aggressively prosecute and bring to justice those who abuse their authority and prey on vulnerable people they are sworn to protect and keep safe.”

According to court documents, Smith worked as a corrections officer at the Federal Correctional Institution in Aliceville (FCI-Aliceville), Alabama. As part of his duties, Smith was to ensure the safety and security of inmates housed at FCI-Aliceville and to uphold the U.S. Constitution.

While acting in his capacity as an officer, in or around February 2019, Smith knowingly engaged in a sexual act with T.M., a female inmate in official detention, who was under Smith’s custodial, supervisory, or disciplinary authority. Smith also admitted to sexually abusing another inmate on a different occasion. Also while acting in his capacity as an officer, between on or about July 6, 2018, and Nov. 15, 2018, Smith knowingly engaged in a sexual act with R.R-L., a female inmate in official detention, who was under Smith’s custodial, supervisory, or disciplinary authority.

A sentencing hearing is scheduled for May 29. Smith faces a maximum penalty of 15 years in prison, three years of supervised release, and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

DOJ-OIG investigated the case.

Assistant U.S. Attorney Michael Royster for the Northern District of Alabama and Trial Attorney Anna Gotfryd of the Civil Rights Division’s Criminal Section are prosecuting the case.

FBOP is committed to rooting out misconduct within its ranks and working with law enforcement partners to prosecute violations of federal law. The numerous FBOP employees working diligently to ensure justice for the victims of misconduct are critical to the Department’s reform efforts.