Political Consultant Pleads Guilty to Fraud Scheme Involving Scam PACs

ALEXANDRIA, Va. – A Maryland political consultant pleaded guilty today to wire fraud as a result of his fraudulent scheme to solicit millions of dollars in political contributions through several scam-PACs that he founded and advertised as supporting candidates for office and other political causes.

“Rogers preyed upon his victims political beliefs with the intent of enriching his companies, his business partners, and himself,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Individuals like Rogers, who engage in sophisticated fraud schemes will be held accountable for their actions. We have a long history of investigating and prosecuting fraud cases here in the Eastern District, and we remain committed to working closely with our law enforcement partners to ensure that those who choose to engage in fraud activity are held accountable and brought to justice.”

According to court documents, from August 2012 through 2018, Kelley Rogers, 55, of Annapolis, operated multiple PACs, including Conservative StrikeForce (CSF), Conservative Majority Fund, and Tea Party Majority Fund. In that role, Rogers engaged vendors to send e-mail solicitations and make telemarketing phone calls to prospective donors seeking political contributions to his PACs. Rogers approved the text and other content of all solicitations, and determined how CSF spent the contributions individual donors gave in response to the solicitations.

“Rogers defrauded countless citizens across the country who sought to participate in the political process, and instead used the money to benefit himself and to perpetuate his fraudulent scheme,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s guilty plea shows that the Department of Justice is committed to investigating and prosecuting those who undermine the integrity of our democratic institutions, including those who commit fraud to line their own pockets along the way.”

During the course of his scheme, Rogers solicited contributions from the general public for his PACs based on materially false and fraudulent pretenses, representations, and promises. For example, in or around 2013, Rogers, working with an email vendor, represented through CSF that money contributed by donors would be used to support the campaigns of a candidate for Governor and a candidate for Attorney General of Virginia through, among other things, get-out-the-vote efforts and the hiring of attorneys to ensure the integrity of the elections. In or around 2014, Rogers represented that donations to the PAC would be spent on assistance and support for military veterans. In truth and in fact, Rogers never intended to spend, and never actually spent, any of the money raised by Rogers’ PACs on get-out-the-vote efforts or lawyers to protect the integrity of the 2013 Virginia and Attorney General elections, or on assistance and support for military veterans. Instead, Rogers spent nearly all of the money raised from donors to benefit himself, his associates, and his PACs, including by pouring the majority of donor money into the solicitation of more donations.

“Rogers swindled millions of dollars from individuals attempting to participate in our democratic process,” said Assistant Director in Charge Timothy R. Slater of the FBI’s Washington Field Office. “Instead of using donations to provide assistance and support to military veterans, as he advertised, Rogers used the money to benefit himself and his associates. I commend the dedication and hard work of our FBI agents and analysts who investigated this egregious fraud against innocent U.S. citizens.”

In addition to the misrepresentations that Rogers made to donors, Rogers and others fraudulently billed his PACs for services that were not performed, thereby misappropriating donor money that had been contributed to the PACs by individuals across the country. Rogers and his associates also made false statements to the Federal Election Commission about how they were spending PAC money.

Finally, Rogers admitted that he and several others also participated in a scheme to use conduits (“straw donors”) to make contributions to a candidate running to represent a district in the U.S. House of Representatives that exceeded the limits placed on individual campaign contributions under federal law.

As part of his guilty plea, Rogers agreed to pay $491,299 in restitution to victims of his fraud scheme, as well as a forfeiture money judgment in the amount of $208,954.

Rogers pleaded guilty to wire fraud and is scheduled to be sentenced on Jan. 17, 2020. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, and Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after U.S. District Judge Liam O’Grady accepted the plea. Assistant U.S. Attorney Kimberly Pedersen and Trial Attorneys John Taddei and Bill Gullotta of the Criminal Division’s Public Integrity Section are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-270.

Former Salesman of Porsche Dealership Pleads Guilty to Over $3 Million Fraud Scheme Involving Non-Existent Rare Porsche Models

On September 13, 2019, a former salesman for Copans Motorsports d/b/a Champion Porsche, Shiraaz Sookralli, 45, of Plantation, pled guilty for leading a fraud scheme in which he entered into bogus sales orders for the sale of exotic Porsche models to over 30 customers throughout the United States.

Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Michael J. De Palma, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Gregory Tony, Sheriff, Broward Sheriff’s Office (BSO), made the announcement.

Sookralli pled guilty to conspiracy to commit mail fraud and wire fraud, in violation of Title 18, United States Code, Section 1349 (Case No. 19cr60188). He is scheduled for sentencing on November 14, 2019, at 10:00 am before U.S. District Judge Rodney Smith. He faces a maximum sentence of twenty years in prison.

According to his signed factual proffer and other court documents, in 2017, Sookralli opened a shell corporation with a name bearing a close resemblance to both Champion Porsche and another corporate affiliate of the dealership. After forming the shell corporation, Sookralli opened a bank account in the shell corporation’s name. Sookralli then entered into bogus sales orders with customers for the unauthorized sales of non-existent future exotic Porsche models. The majority of the vehicles were rare, highly sought-after, Carrera 911 models. The defendant required deposits from his victims in the form of, wire transfers, bank checks, and cash that he later deposited into his shell company’s bank account. The buyers relied on Sookralli’s longtime employment at Champion Porsche, title as “Vice President of Marketing,” representations that he or she would receive a yet-to-be-built Porsche vehicle, and the seemingly legitimate bank account for wiring deposits to Sookralli. Champion Porsche did not authorize Sookralli to conduct these transactions.

To further his scheme, Sookralli typically provided the customers with signed false and fraudulent purchase orders, sham vehicle build sheets showing the specifications of the customers’ vehicle, as well as other false and fraudulent documents. Sookralli often communicated with customers using email and other wire communications. Some customers sent Sookralli payments using the United States mails and interstate bank wire transfers. During this same fraud scheme, Sookralli defrauded another victim with whom he had agreed to sell, “on consignment,” a certain Porsche vehicle for the victim. Once the defendant sold the car, he kept the money for himself.

Throughout the conspiracy, customers wired or otherwise transferred approximately $3,000,000 to Sookralli which he used for his personal benefit. As set forth in the court documents, the defendant used the money for extravagant expenditures including luxury vehicles, jewelry, nightclubs, and restaurants. Sookralli also funneled amounts in excess of $10,000 at a time from his shell company account to bank accounts he controlled.

Prior to executing the fraud scheme involving the bogus sales orders for the Porsche vehicles, in or around 2014 through 2016, Sookralli opened a separate “shell” company named Color Pro Motorsport. Through that company, Sookralli embezzled additional money from Champion Porsche.

After Champion Porsche uncovered Sookralli’s fraud scheme, it contacted his victims and began its cooperation with the criminal investigation. All of Sookralli’s victims with valid claims were made whole by Champion.

U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI, IRS-CI, and BSO in this matter. The case is being prosecuted by Assistant U.S. Attorney Roger Cruz.

Little Rock Man Sentenced to Five Years in Prison for Million-Dollar Equipment Flipping Scheme

LITTLE ROCK—A Little Rock man was sentenced for orchestrating a scheme that defrauded a government program intended help non-profits, municipal agencies, and disadvantaged businesses. Mark Gregory Jackson, Sr., 62, of Little Rock, was sentenced to 60 months in federal prison by United States District Judge Brian S. Miller.

Judge Miller also sentenced Jackson to three years of supervised release following his term of imprisonment. Jackson and co-conspirators Jimmy Don Winemiller, Jr., 54, and Don “Terrell” Stephens, Jr., 40, also of Little Rock, all pleaded guilty in July 2018 to conspiring to commit wire fraud. Judge Miller ordered Jackson to forfeit over $1 million and pay up to $350,000 to settle related tax deficiencies. Last October, Judge Miller sentenced Stephens to 30 days in jail and ordered him to forfeit over $125,000. This March, Judge Miller sentenced Winemiller to 20 months’ imprisonment and ordered him to forfeit nearly $275,000.

The scheme targeted the Federal Surplus Property Donation Program, which allowed qualifying non-profits, municipal agencies, and disadvantaged businesses to acquire government surplus at special below-market rates. Recipients are required to demonstrate a legitimate need for the surplus, and they must agree not to sell, lease, or rent it.

Jackson operated through his construction business, Kingridge Enterprises, Inc. He gained access to the program by falsely claiming his disadvantaged nephew owned and operated Kingridge. In truth, the nephew never worked for Kingridge, drew no salary, exercised zero control, and lived over 100 miles away from its Little Rock headquarters.

Once in the program, Jackson gave false justifications to acquire surplus, which was usually construction equipment. After obtaining the construction equipment under these false pretenses, Jackson sold the equipment at steep markups. To conceal the fraud, Jackson made buyers sign sham “joint venture” contracts, and he attempted to hide the activity from investigators.

A 2013 deal illustrated the scheme. On October 1, 2013, an out-of-state equipment dealer wired Winemiller $20,000 for a CAT 621B Scraper. Upon receipt, Winemiller paid Jackson $18,500. On October 2, Jackson, through his construction business, successfully requested donation of the CAT 621B Scraper for just $12,000 by falsely claiming Kingridge needed it for a “$1.1 Million Dollar Corp [sic] Engineer Project.” Over four years, Jackson unlawfully flipped more than 100 pieces of equipment through deals like this, making over $1 million in the process.

Cody Hiland, U.S. Attorney for the Eastern District of Arkansas, Mo Myers, Special Agent in Charge of the Memphis Field Office of the FBI, Don Abram, Special Agent in Charge for the Central Region of the Office of the Inspector General for the U.S. Small Business Association, and Jamie Willemin, Special Agent in Charge for the Southwest Region of the Office of the Inspector General for the U.S. General Services Administration, announced today’s sentencing. Assistant United States Attorney Alexander D. Morgan prosecuted the case for the United States following a multi-year investigation by FBI-Memphis, SBA-OIG, and GSA-OIG.

Three Men Arrested in SNAP Food Stamp Benefits Theft Scheme

Conducted Hundreds of Fraudulent Transactions at National Superstores; Defendants also Used Fraudulent Electronic Benefits Transfer Machine

CAMDEN, N.J. – Three men were arrested today in connection with a scheme in which they allegedly stole hundreds of thousands of dollars in government funds using fraudulently procured electronic benefits transfer (EBT) cards, U.S. Attorney Craig Carpenito announced.

Luciano Estevez, 50, and Jose Garcia, 52, both of Camden; and Juan Melo, 56, of Woodlynne, New Jersey, are charged by separate complaints with one count each of conspiracy to defraud the United States and one count each of defrauding the U.S. Department of Agriculture’s (USDA) Supplemental Nutrition Assistance Program (SNAP). They appeared this afternoon before U.S. Magistrate Judge Ann Marie Donio in Camden federal court. A fourth defendant, Octavio Rodriguez, 50, of Pennsauken, New Jersey, is charged with the same crimes and remains at large.

SNAP, formerly known as the food stamp program, is a program administered by the USDA to assist low-income individuals and families with the purchase of groceries and food items. SNAP recipients receive EBT cards, similar to commercial debit cards, to make food purchases. Retailers authorized to accept SNAP benefits have EBT terminals to process the food purchases. Food purchases are made by swiping the EBT card at the terminal, and having customers enter a Personal Identification Number (PIN). The EBT terminal verifies the PIN, determines whether the customer’s account balance is sufficient to cover the proposed transaction, and informs the retailer whether the transaction should be authorized or denied. The amount of the purchase is deducted electronically from the SNAP benefits reserved for the customer and the purchase amount is credited to the retailer’s designated bank account.

According to documents filed in this case and statements made in court:

Estevez, Rodriguez, Garcia, Melo, and others allegedly targeted low-income individuals who possessed or had access to EBT cards, and unlawfully purchased the cards from these individuals in exchange for cash and controlled substances. Two confidential sources working with law enforcement engaged in 43 controlled transactions involving EBT cards totaling more than $40,500, which they exchanged for cash and controlled substances, including prescription opioids and narcotics.

The defendants used the unlawfully procured EBT cards to purchase bulk goods and food items from large national superstores. These goods and food items were then resold in small convenience and grocery stores owned or affiliated with the defendants or their associates, resulting in a profit for the defendants. Hundreds of EBT cards fraudulently procured by the defendants were used at these superstores, resulting in the misappropriation of approximately $150,000 in government funds.

Estevez also unlawfully procured an EBT terminal registered to a superstore in Philadelphia, Pennsylvania, to use at his small grocery store in Camden, which was not registered as a lawful SNAP merchant in the USDA program. Estevez was able to unlawfully receive through this terminal approximately $110,000 in SNAP funds.

The conspiracy count with which all four defendants are charged carries a maximum penalty of five years in prison and a fine of $250,000, or twice the gross gain or loss from the offense. Estevez, Rodriguez, and Garcia each are each charged with a SNAP fraud offense in which the value of the trafficked benefits exceeded $5,000, which carries a maximum penalty of 20 years in prison and a fine of $250,000, or twice the gross gain or loss from the offense. Melo is charged with a SNAP fraud offense in which the value of the trafficked benefits is less than $5,000, but greater than $100, which carries a maximum penalty of five years in prison and a fine of $250,000, or twice the gross gain or loss from the offense.

U.S. Attorney Carpenito credited special agents of the FBI Philadelphia Field Office, South Jersey Resident Agency, both under the direction of Special Agent in Charge Michael Harpster in Philadelphia; the U.S. Department of Agriculture-Office of Inspector General, Philadelphia, under the direction of Special Agent in Charge Bethanne M. Dinkins; the Camden County Police Department, under the direction of Chief J. Scott Thomson; the U.S. Department of Health and Human Services-Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo; the Camden County Sheriff’s Department, the N.J. State Police; the N.J. Department of Treasury and the National Guard, with the investigation leading to the arrests.

The government is represented by Assistant U.S. Attorney Christina O. Hud of the U.S. Attorney’s Office’s Criminal Division in Camden.

The charges and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until convicted.

Managers of Local Gold Dealer Plead Guilty to Money Laundering

SAN DIEGO ­­– Global Gold Exchange, LLC and its managers, Jeffrey Morrow and Richard M. Owen, pleaded guilty in federal court today to multiple financial crimes, admitting that they laundered money through their unlicensed money transmitting business by falsely reporting cash transactions as sales of “gold” and other precious metals.

As part of their guilty pleas, the defendants agreed to forfeit approximately $2 million in assets involved in the money laundering and unlicensed money transmitting business.

Special Agents from IRS-Criminal Investigation’s Financial Investigations and Border Crimes Task Force worked with FBI agents and the United States Postal Inspection Service during the multi-year investigation to unravel millions of dollars in suspicious transactions taking place at the San Diego-based office and bank accounts of Global Gold Exchange, or GGEX. GGEX also pleaded guilty to mail fraud, while Owen also pleaded guilty to unlawful possession of a firearm or ammunition.

As detailed in the plea agreements entered today before U.S. Magistrate Judge Jill L. Burkhardt, GGEX unlawfully laundered cash and funds from a variety of sources – both lawful and unlawful – and fraudulently documented the transactions as “a complete gold transaction.” In sum, GGEX and its managers admitted operating “as an informal money transfer system engaged in facilitating the transfer of money domestically and internationally outside of the conventional financial institutions system, and did so without regard for the source, destination, purpose, or legality of the funds transmitted.”

Between 2017 and 2018, GGEX and managers Morrow and Owen admitted that they and others employed various money laundering and unlicensed money transmitting techniques to conduct unlawful transactions through GGEX and GGEX’s bank accounts, including:

-Transacting with a “local cartel out of Mexico;”

-Falsifying invoices for sales of gold, when in reality it was the receipt of a large cash deposit, and returned by check after GGEX took a 10 percent fee;

-Agreeing with “clients” to tell law enforcement or tax authorities that the transactions were sales/purchases of precious metals; and

-Advising clients to mail GGEX parcels filled with heavy substances to mimic the weight of gold to falsely document the nature of GGEX’s transactions.

“Global Gold Exchange and its managers attempted to operate as a one-stop-shop for money laundering,” said United States Attorney Robert S. Brewer, Jr. “The package of guilty pleas entered today makes clear that the United States will pursue and prosecute any individual, asset, or business attempting to launder the proceeds of crimes, or that threaten the integrity of our financial system.”

“Criminal organizations are becoming increasingly dependent on individuals and businesses who offer their expertise and services to assist in laundering illegal proceeds,” said Internal Revenue Service-Criminal Investigation Special Agent in Charge Ryan L. Korner. “Today’s plea should send a clear message to these individuals and businesses that they will be held accountable and face the consequences.”

“Global Gold Exchange and its managers Jeffrey Morrow and Richard M. Owen accepted money from all sources regardless of lawfulness,” said Nichole Cooper, Los Angeles Division Inspector in Charge, United States Postal Inspection Service. “They then subverted conventional financial institution systems by using fraudulent invoices, directing clients to mislead law enforcement, and labeling it ‘a complete gold transaction.’ The result of this plea agreement shows the US Postal Inspection Service and its federal partners bring justice to those who seek to hide their crimes from the law.”

This case is the result of ongoing efforts by the Financial Investigations and Border Crimes Task Force, a partnership targeting unlawful transactions through the financial system. The task force brings together the combined expertise of federal, state, and local law enforcement including IRS-CI, California Franchise Tax Board, United States Postal Inspection Service, and the San Diego Police Department. FBI and United States Postal Inspection Service partnered with the FIBC in this coordinated investigation. This case is being prosecuted by Assistant U.S. Attorney Daniel Silva.

Sentencing is scheduled to occur on October 16, 2019. Owen faces a maximum of 20 years in prison. Morrow faces a maximum of five years in prison. GGEX faces a maximum of five years probation.

DEFENDANTS Case Number 19-CR-2936-CAB

Global Gold Exchange, LLC

Richard M. Owen San Diego, CA Age: 49

Jeffrey Morrow San Diego, CA Age: 44

SUMMARY OF CHARGES*

Money Laundering – Title 18, U.S.C., Section 1956

Maximum penalty: Twenty years in prison and $500,000 fine

Operation of Unlicensed Money Transmitting Business – Title 18, U.S.C., Section 1960

Maximum penalty: Five years in prison and $250,000 fine

Mail Fraud – Title 18, U.S.C., Section 1341

Maximum penalty: Thirty years in prison and $1 million fine

Unlawful Possession of Firearm – Title 18, U.S.C., Section 922(g)

Maximum penalty: Ten years in prison and $250,000 fine

AGENCIES

IRS Criminal Investigations and the Financial Investigations and Border Crimes Task Force

Federal Bureau of Investigation

United States Postal Inspection Service

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.

Federal Indictment Alleges Scheme to Avoid Payment of $1.8 Billion in Anti-Dumping Duties on Chinese Aluminum Imported as ‘Pallets’

Chinese Billionaire also Accused of Defrauding Investors by Inflating Value of Publicly Traded Company Through Sham Sales of Aluminum Stockpiled in U.S.

LOS ANGELES – A federal grand jury indictment unsealed late Tuesday alleges a complex financial fraud scheme in which a Chinese company exported to the United States huge amounts of aluminum – disguised as “pallets” to avoid customs duties of up to 400 percent – and “sold” the purported pallets to related entities to fraudulently inflate the company’s revenues and deceive investors around the world.

The 53-page indictment alleges that China Zhongwang Holdings Limited, Asia’s largest aluminum extrusion company; Zhongtian Liu, the company’s former president and chairman; and several individual and corporate co-defendants lied to U.S. Customs and Border Protection to avoid paying the United States $1.8 billion in anti-dumping and countervailing duties (AD/CVD) that were imposed in 2011 on certain types of extruded aluminum imported into the United States from China.

The aluminum sold to United States-based companies controlled by Liu were simply aluminum extrusions that were spot-welded together to make them appear to be functional pallets, which would be finished goods not subject to the duties, according to the indictment. In reality, there were no customers for the 2.2 million pallets imported by the Liu-controlled companies between 2011 and 2014, and no pallets were ever sold.

The aluminum was imported through the Ports of Los Angeles and Long Beach and then stockpiled at four large warehouses in Southern California, all of which were purchased at Liu’s direction.

Liu and his co-defendants orchestrated the bogus sales of aluminum to Liu-controlled companies in Southern California to falsely inflate the value of China Zhongwang, according to the indictment. Liu is a major shareholder of China Zhongwang, which has been listed on the Stock Exchange of Hong Kong since a 2009 initial public offering that raised $1.26 billion.

After the AD/CVD duties were put in place in 2011, the company’s annual reports created a false narrative that there was a robust demand for the aluminum pallets in the United States, according to the indictment. The defendants allegedly inflated China Zhongwang’s sales volume and its volume of exports to the United States by engaging in transactions with entities controlled by Liu, and then falsely claimed in China Zhongwang’s annual reports that the aluminum was being sold to independent third parties, when it was actually being stockpiled by Liu-controlled entities in Southern California. Because there was no such demand for the pallets, the indictment alleges that “defendants Liu and China Zhongwang would direct that aluminum melting facilities be built and acquired to be used to reconfigure the aluminum imported as pallets into a form with commercial value.”

The indictment also alleges a massive money laundering scheme that was used by the defendants to funnel hundreds of millions of dollars through shell companies to the U.S.-based aluminum companies controlled by Liu. The funds were then transferred to China Zhongwang and the other shell companies as payments for the aluminum.

“This indictment outlines the unscrupulous and anti-competitive practices of a corrupt businessman who defrauded the United States out of $1.8 billion in tariffs due on Chinese imports,” said United States Attorney Nick Hanna. “Moreover, the bogus sales of hundreds of millions of dollars of aluminum artificially inflated the value of a publicly traded company, putting at risk investors around the world. The rampant criminality described in this case also posed a threat to American industry, livelihoods and investments.”

“The charges filed against these defendants are extremely serious,” said Joseph Macias, Special Agent in Charge for Homeland Security Investigations (HSI) Los Angeles. “Organized assistance and subsidies by foreign nations such as China have a detrimental effect on U.S. production and employment. Of greater concern, our national security is jeopardized when domestic industry loses its ability to develop and supply products for U.S. defense and critical infrastructure applications, forcing us to become dependent on unreliable imports from other countries. HSI will continue to work closely with our law enforcement partners in the U.S. and overseas to aggressively target threats to our national interest.”

The defendants named in the 24-count indictment returned under seal on May 7 are:

• Zhongtian Liu, 55, a billionaire Chinese citizen, who for a time maintained a residence in Tustin, and who is the former president and former chairman of the board of China Zhongwang;
• China Zhongwang Holdings Limited, the publicly traded aluminum company based in Liaoyang City that was the largest aluminum extrusion manufacturer in Asia and the second-largest in the world;
• Zhaohua Chen, 60, a Chinese national and close friend of Liu, who allegedly was a key player in the scheme;
• Xiang Chun Shao, also known as Johnson Shao, 58, most recently of Irvine, who managed a collection of Southern California businesses that pretended to be independent third parties importing the Chinese aluminum;
• The Ontario-based Perfectus Aluminium Inc., which was controlled by Liu and managed by Shao;
• Perfectus Aluminum Acquisitions, LLC, a subsidiary of Perfectus Aluminium formed in late 2014 to take over a string of companies that had received aluminum pallets shipped to the U.S. after the duties were imposed on Chinese aluminum in 2011; and
• Four LLCs controlled by Liu that were established to purchase warehouses in Riverside, Ontario, Irvine and Fontana where the aluminum pallets were stockpiled.

At this time, none of the individual defendants named in the indictment – Liu, Chen or Shao – are believed to be in the United States.

In a separate case filed late Tuesday, an associate of Liu, Po-Chi Eric Shen, 41, of Los Angeles, was charged with failing to report to the Internal Revenue Service more than $9 million in taxable income he received in 2015. Shen has agreed to plead guilty and cooperate with the government’s ongoing investigation in this matter.

“Tariffs are a tax on imports. Importers are expected to check the tariffs and other taxes and duties due on the goods they bring in, calculate what they owe, and pay it,” stated IRS Criminal Investigation Special Agent in Charge Ryan L. Korner. “Today’s announcement reinforces our commitment to every American taxpayer to identify and prosecute those who evade taxes, including by devising illegal schemes to dodge tariffs and create an unfair trade advantage for profit.”

In September 2017, the United States Attorney’s Office filed civil forfeiture actions against the four Southern California warehouses used by Perfectus to store the pallets. In February 2018, the government filed a fifth civil forfeiture complaint against “approximately 279,808 Aluminum Structures in the Shape of Pallets,” about half of which were seized in early 2017 at the Ports of Los Angeles and Long Beach, and the other half were seized from three other warehouses Perfectus was using to store the pallets. Those civil asset forfeiture cases have been stayed pending the completion of the criminal prosecution, in which the government is seeking the criminal forfeiture of the warehouses and seized aluminum.

The indictment announced today charges all of the defendants with conspiracy, nine counts of wire fraud and seven counts of passing false and fraudulent papers through a customhouse. All of the defendants, except the warehouse entities, also face seven counts of international promotional money laundering. If they were to be convicted, the individual defendants would face a statutory maximum penalty of five years in federal prison for the conspiracy charge and up to 20 years for each of the remaining 23 counts. If the companies were to be convicted, they would face substantial monetary penalties.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

This matter is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and IRS Criminal Investigation.

The criminal cases are being prosecuted by Assistant United States Attorneys Eddie A. Jauregui, Poonam G. Kumar and Julian L. André of the Major Frauds Section. The asset forfeiture cases are being handled by Assistant United States Attorney Steven R. Welk, Chief of the Asset Forfeiture Section.

New Orleans Business Owner Pleads Guilty to Conspiracy to Defraud First NBC Bank

NEW ORLEANS – The United States Attorney’s Office announced that KENNETH CHARITY (“CHARITY”), age 54, a resident of New Orleans, Louisiana, pleaded guilty today to conspiring to defraud First NBC Bank, the New Orleans-based bank that failed in April 2017.

According to the Bill of Information, from in or around February 2007 through April 2017, CHARITY had a banking relationship with First NBC Bank, individually and through certain entities. During that time, Bank President A acted as the loan officer for CHARITY and the loan officer to certain of CHARITY’s entities (“the Entities”). By the time First NBC Bank failed, the balances on the loans issued to CHARITY and the entities totaled more than $18 million. CHARITY, Bank President A, and others knowingly conspired to defraud First NBC Bank. According to the Bill of Information, the purpose of the conspiracy was for CHARITY, Bank President A, and others to unjustly enrich themselves, disguise the true financial status of CHARITY and the Entities, conceal the accurate performance, and misrepresented the purpose of the loans made to KENNETH CHARITY and the Entities.

KENNETH CHARITY, Bank President A, and others provided First NBC Bank with materially false and fraudulent documents and financial statements, which, among other things, overstated the value of KENNETH CHARITY’s assets, understated his liabilities, and omitted material information. These false statements disguised his and the Entities’ true financial condition.

The Bill of Information also alleges that it was part of the conspiracy for Bank President A and others to disguise CHARITY and the Entities’ true financial condition by, among other things, issuing new loans to CHARITY and the Entities, which would pay older loans that CHARITY was unable to repay. The new loans would then appear to be current and performing, while the old loans appeared to have been paid. In reality, CHARITY had insufficient income and cash flow to support his debt at First NBC Bank. Bank President A was well-aware that CHARITY was unable to repay his loans, yet Bank President A continued to falsely represent in bank records that CHARITY and his Entities were profitable.

Additionally, the Bill of Information alleges CHARITY, Bank President A, and others, carried out the conspiracy by repeatedly lying in bank loan documents about the purpose of loans that Bank President A approved for CHARITY and the Entities. Specifically, Bank President A approved loans for CHARITY and his Entities that appeared to be for legitimate business purposes. In reality, CHARITY spent loan proceeds on personal expenses. Bank President A was aware that CHARITY did not spend the loan proceeds consistently with the purposes stated on the loan documents. For example, from in or around August 2014 through in or around December 2016, Bank President A caused three loans to be disbursed to one of CHARITY’s entities for the purpose, in part, of enclosing a patio at a beignet shop located at 620 Decatur Street. CHARITY never built the patio. The loan proceeds were used instead to pay CHARITY’s overdrafts, which included personal expenses, and to make loan payments.

CHARITY could face up to 30 years’ imprisonment, a fine of not more than $1 million, or twice the gross gain to him or the gross loss of any victims, 5 years of supervised release, and a special assessment of $100.

Judge Lance M. Africk set CHARITY’s sentencing hearing for October 23, 2019 at 2 pm.

This case is being investigated by the Federal Bureau of Investigation; the Federal Deposit Insurance Corporation, Office of Inspector General; and the Board of Governors of the Federal Reserve System, Consumer Financial Protection Bureau, Office of Inspector General. Assistant U.S. Attorneys Sharan E. Lieberman, Matthew R. Payne, Nicholas D. Moses, and J. Ryan McLaren are in charge of the prosecution.