Criminal Investigations

CHARLESTON, W.Va. –  A Clay County woman pled guilty yesterday to embezzling over $18,000 in federal FEMA disaster benefits.  The case was investigated by the United States Department of Homeland Security – Office of Inspector General (DHS-OIG) and the West Virginia Commission on Special Investigations.

Pamela Taylor, 57, admitted that she falsely registered for Federal Emergency Management Agency (FEMA) disaster benefits after the June 2016 flood in Clay County, West Virginia.  Taylor claimed that her primary residence was damaged by the flood and that she was staying in a rental unit after the flood.  In fact, her primary residence was undamaged, and she still resided there.  Due to her false statements, she received more than $18,000 in FEMA benefits to which she was not entitled.  In her plea agreement, Taylor agreed to pay restitution of $18,149.04.

“The flood was a natural disaster. Stealing from FEMA is a manmade disaster,” said United States Attorney Mike Stuart.  “The floods of June 2016 were historic and devastating to thousands of West Virginians. Lives were lost.  Too many of our brothers and sisters lost everything.  FEMA dollars are critical but limited.  Stealing critical FEMA dollars is a crime – literally and figuratively.  Taylor’s fraud scheme diverted disaster benefits from our most desperate and vulnerable, those most in need of help.  We take the solemn responsibility of ensuring FEMA dollars are used responsibly and legally.  The public can rest assured that my office takes heinous acts like stealing from disaster relief funds very seriously and will prosecute each and every case brought to us to the maximum extent of the law.”

“Taking advantage of federal funds intended for disaster relief misappropriates taxpayer dollars, reduces monies available to true victims, and erodes public confidence in relief programs,” said Special Agent in Charge Mark Tasky of  DHS-OIG.  “In July 2016, after the good people of West Virginia were devastated by severe storms, flooding, landslides, and mudslides the month prior, the Defendant knowingly submitted a fraudulent application for disaster relief, in order to enrich herself and divert critical funds away from true disaster victims.  The DHS-OIG, operating jointly with our partners in the West Virginia Commission on Special Investigations and the United States Attorney’s Office for the Southern District of West Virginia, worked tirelessly to bring the Defendant to justice for her crimes.”

Taylor faces up to 30 years in prison and a fine of up to $500,000 when she is sentenced on May 30, 2019.  United States District Court Judge the Honorable Irene C. Berger presided over the plea hearing.  Assistant United States Attorneys Stefan Hasselblad and Meredith George Thomas handled the prosecution.

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Mark Tasky, Special Agent in Charge of the New York Regional Office of the Department of Homeland Security Office of Inspector General (“DHS-OIG”), and Margaret Garnett, Commissioner, New York City Department of Investigation (“DOI”), announced today that the United States filed a civil fraud lawsuit today against the CITY OF NEW YORK (the “City”) alleging that the NEW YORK CITY DEPARTMENT OF TRANSPORTATION (“NYCDOT”) fraudulently obtained millions of dollars from the Federal Emergency Management Agency (“FEMA”) by falsely claiming that numerous NYCDOT vehicles were damaged during Superstorm Sandy (“Sandy”).  The United States also submitted a proposed settlement of the lawsuit to the U.S. District Court for review and approval.  Under the proposed settlement, the City agreed to pay and revert to the United States a total of $5,303,624 and admitted to conduct alleged in the Government’s complaint, including seeking reimbursement from FEMA for vehicles that were not damaged by Sandy.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “FEMA serves a critical role in providing emergency relief to those who are tragically struck by disaster.  When people lie to FEMA about the cause of property damage in order to reap a windfall, it compromises FEMA’s ability to provide financial assistance to legitimate disaster victims in desperate need.  This Office will take decisive enforcement action to protect FEMA and its vital programs from fraud, waste, and abuse.”

DHS-OIG Special Agent in Charge Mark Tasky said:  “Taking advantage of Federal funds intended for disaster relief misappropriates taxpayer dollars, reduces funds available to true victims, and erodes public confidence in relief efforts. Through DHS OIG’s criminal and civil investigative oversight function of DHS programs, and working closely with our partners in the New York City’s Department of Investigation and the United States Attorney’s Office for the Southern District of New York, we ensured that over $5.3 million in disaster relief funds were repaid to the United States, and ultimately the U.S. taxpayer. With so many New York residents impacted by Superstorm Sandy, it is critical to ensure every dollar of appropriated relief funds are properly used and accounted for.”

DOI Commissioner Margaret Garnett said:  “Today’s settlement is the successful outcome of a joint investigation with our federal partners, which uncovered falsified submissions by the City to the federal government that allowed the City to wrongly obtain millions of dollars in federal emergency funds.  Our investigation found that a lack of vigilant management and inadequate training of City personnel at the City Department of Transportation led to this wrongdoing in connection with a federal public assistance program.  As New York City’s independent watchdog, DOI is grateful for our effective partnership with the United States Attorney’s Office for the Southern District of New York and the New York Regional Office of the United States Department of Homeland Security Office of the Inspector General on this investigation.”

According to the Government’s Complaint, the City participated in FEMA’s Public Assistance program, which allows municipalities to obtain indemnification funds from FEMA to repair or replace property damaged by natural disasters, such as Sandy.  As part of the program, the City was required to certify that the property damage was incurred as a direct result of the disaster.  The City was also required to provide training to employees on program rules and requirements, including the importance of ensuring that costs for which indemnification is sought are directly attributable to a disaster.

Following Sandy, the NYCDOT created a list of vehicles within the agency’s fleet that had been damaged by the storm and submitted it to FEMA for indemnification pursuant to the Public Assistance program.  The NYCDOT personnel responsible for generating the list of damaged vehicles, to whom the City provided no training on the Public Assistance program, made no effort to inspect the vehicles or otherwise determine whether any reported damage was attributable to Sandy.  In fact, a number of the vehicles included on this list were inoperable long before Sandy.

In 2014, based on this faulty list, the City submitted a request for indemnification to FEMA seeking to recover the full cost of replacing 132 NYCDOT vehicles.  The City submitted a certification to FEMA as part of the program and a request for indemnification that falsely attested that all costs were incurred as a direct result of Sandy.  Many of the vehicles for which the City sought full replacement costs had been nonoperational or not in use prior to the storm.  As a result of these false certifications, FEMA paid the City millions of dollars to which it was not entitled.

As part of the proposed settlement, the City will pay the United States a total of $5,303,624.  Specifically, the City will make a cash payment of $4,126,227.34 and relinquish rights to an additional $1,177,396.66 that FEMA had previously approved for disbursement.  During this Office’s investigation, the City withdrew another $3,196,376 in indemnity requests, acknowledging that the costs were ineligible for reimbursement.

In connection with the proposed settlement, the City also admitted conduct alleged in the Complaint, including:

- The Deputy Commissioner from NYCDOT who signed the certification lacked personal knowledge about the vehicles sufficient to make a certification about how and when they were damaged and did not personally undertake or direct others to undertake any investigation of the vehicles prior to signing the certification.
 
- The list of vehicles for which the City was seeking reimbursement included a number of vehicles that were not damaged as a direct result of Sandy to a state beyond repair.  A number of the vehicles that the City included had not been operational prior to Sandy.
 
- Prior to making the submission and certification to FEMA, neither the City nor NYCDOT undertook a sufficient review to ascertain whether all of the vehicles listed had been operational and in use prior to Sandy; or whether the amounts presented to FEMA for reimbursement accurately represented the losses the City incurred from Sandy.
 
- In June 2014, a NYCDOT employee notified the Deputy Commissioner that certain of the vehicles for which the City had sought reimbursement from FEMA were not eligible. Yet, it was not until after it became aware of this Office’s investigation that the City took steps to notify FEMA.

The proposed settlement must be approved by the District Court.

Mr. Berman praised the outstanding investigative work of DHS-OIG and DOI.  This case is being handled by the Office’s Civil Frauds Unit.  Assistant U.S. Attorney Jessica Jean Hu is in charge of the case.

Defendant helped smuggle money overseas for the “Codfather”

BOSTON – A former Captain with the Bristol County Sheriff’s Office was sentenced today in connection with helping Carlos Rafael, known as the Codfather in the fishing industry, and the owner of one of the largest commercial fishing businesses in the U.S., smuggle the profits of his illegal overfishing scheme to Portugal.

Jamie Melo, 46, of North Dartmouth, Mass., was sentenced by U.S. District Court Judge Denise J. Casper to one year of probation, with the first eight months to be served in home confinement. In June 2018, Melo was convicted by a federal jury of one count of conspiracy to commit offenses against the United States and one count of structuring the export of monetary instruments. The jury acquitted Melo of one count of bulk cash smuggling.

During the trial, evidence showed that while at Logan International Airport Melo asked his friends and travel companions to carry envelopes of cash for Rafael on a flight to the Azores in Portugal. At the time, Melo was an Administrative Captain with the Bristol County Sheriff’s Office and was traveling to the Azores with Rafael for a charity event sponsored by the Bristol County Sheriff’s Office. Prior to the flight, Melo asked three of his travel companions to follow him into the men’s bathroom at Logan Airport before going through the TSA Security Checkpoint. In the bathroom, Melo distributed four envelopes of cash to his companions, taking one for himself. Two days after arriving in Portugal, bank records demonstrate that Rafael deposited $76,000 in U.S. currency into his Portuguese bank account.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Mark Tasky, Special Agent in Charge of the Department of Homeland Security, Office of Inspector General, Office of Investigations, Philadelphia Field Office; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorneys Neil Gallagher and Justin O’Connell of Lelling’s Securities and Financial Fraud Unit prosecuted the case.

CAMDEN, N.J. – An Ambler, Pennsylvania, man today admitted defrauding the Federal Emergency Management Agency (FEMA) of thousands of dollars after Hurricane Sandy, U.S. Attorney Craig Carpenito announced.

Nicholas Ochs, 54, pleaded guilty before U.S. District Judge Jerome B. Simandle in Camden federal court to Counts One (disaster benefit fraud) and Four (mail fraud) of the indictment against him.

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

When a natural disaster or federal emergency occurs in the United States, federal agencies, such as FEMA, provide relief and assistance to affected individuals and entities. FEMA provides financial assistance by, among other things, helping affected individuals repair their property.

In October 2012, Cape May County suffered severe damage from wind, rain and flooding generated by Hurricane Sandy when it struck New Jersey. On Oct. 30, 2012, then-President Obama signed a Presidential Disaster Declaration for the State of New Jersey, enabling eligible individuals who were displaced by the storms to seek financial assistance from FEMA.

At the time of Hurricane Sandy, Ochs’s mother lived in a house in Ocean City, New Jersey. In January 2013, Ochs filed an application with FEMA on her behalf, seeking federal rental assistance and assistance for personal property damage under FEMA’s Individual Assistance Program. He claimed the property was damaged as a result of Hurricane Sandy and was unfit for occupancy. An inspector working on behalf of FEMA inspected the property and determined that the property was uninhabitable, that repairs were required, and that the homeowner had moved. During the inspection, Ochs, acting with power of attorney, signed the application on behalf of his mother attesting that all the information on the application was true and correct. By signing the application, Ochs also acknowledged that any disaster relief money awarded would be returned if his mother received insurance benefits for the same loss.

FEMA initially denied Ochs’s claim, citing the fact that the property was covered by insurance. Ochs submitted documents to FEMA indicating that the insurance provider denied his mother’s claim. Based on that, in February 2013, FEMA awarded Ochs’s mother funds for rental assistance and home repair.

In applying to FEMA for home repair and rental assistance claiming that his mother was displaced by Hurricane Sandy, Ochs submitted fraudulent leases claiming that his mother was renting another property on the same block in Ocean City. Ochs also provided fictitious rental receipts. Ochs failed to disclose that the property his mother was renting was owned by his family and that no rent was ever paid. To support his mother’s continued need for rental assistance, Ochs was required to complete FEMA forms, and he faxed fraudulent lease agreements and rental receipts to FEMA.

In February 2013 Ochs contacted FEMA and made a false claim for transportation assistance, claiming that his mother’s 1985 Mercedes Benz was damaged by Hurricane Sandy and submitting fraudulent documentation to that effect.

Between February 2013 and December 2013, FEMA paid Ochs’ mother $17,229 for rental assistance and $4,345 for home repairs, through the issuance of direct deposits into bank accounts that Ochs controlled. Ochs then used the money to pay his personal expenses.

FEMA’s National Flood Insurance Program indemnifies flood insurance providers when a claim is paid out. At the time of the storm, Wells Fargo Bank held the mortgage on Ochs’s mother’s property. After Ochs made a claim to the insurance provider, the insurance provider sent the insurance proceeds to Wells Fargo. To entice Wells Fargo to release the funds, Ochs presented fraudulent invoices and forms from a builder that over inflated the value of the work that the builders performed. Wells Fargo mailed numerous checks totaling $169,518 to the house in Ocean City. Ochs deposited the checks into bank accounts that he controlled and spent the money on personal expenses. The flood insurance claims were indemnified by FEMA.

The count of disaster benefits fraud to which Ochs pleaded guilty to carries a maximum potential penalty of 30 years in prison and a $250,000 fine. The count of mail fraud to which he pleaded guilty carries a potential penalty of 30 years in prison and $1 million fine. Sentencing is scheduled for Jan. 25, 2019.

U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent in Charge Mark Tasky, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney's Office Criminal Division in Camden.

Defense counsel: William J. Hughes Jr., Atlantic City, New Jersey

ALEXANDRIA, Va. – A New York man pleaded guilty today to cyberstalking victims in the Eastern District of Virginia and Washington, D.C. and to frame them for crimes or workplace violations they had not committed.

According to court documents, over a period of one year, Anthony Caccamo, 27, of Flushing, used identity-masking internet applications to send harassing messages to one of his victims, posing as men with whom the victim had had a consensual sexual relationship. In those messages, Caccamo threatened to hack the victim’s online accounts, leak sensitive personal information, and frame her for crimes she had not committed. On at least one occasion, Caccamo made good on his threat to frame the victim for crimes she had not committed. For example, in June 2017, Caccamo sent a false tip to the Homeland Security Investigations Tipline, alleging that she was involved in narcotics smuggling. Caccamo also created false evidence to convince federal investigators that he, too, was a victim of harassment, and provided false information to federal investigators to make it appear as though a certain DHS employee with a cybersecurity background was responsible for the harassment. Federal investigators ultimately traced the harassing messages to Caccamo’s online accounts and personal devices.

Caccamo pleaded guilty to cyberstalking and faces a maximum penalty of five years in prison when sentenced on December 14. Actual sentences for federal crimes are typically less than the maximum penalties. 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, and John V. Kelly, Acting Inspector General for the Department of Homeland Security (DHS), made the announcement after U.S. District Judge Leonie M. Brinkema accepted the plea. Assistant U.S. Attorneys Laura Fong and Jay V. Prabhu prosecuted 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 is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-327.

Topic(s):
Cyber Crime

Component(s):
USAO - Virginia, Eastern

Clifton Divers, 49, former agent with Immigration and Customs of the Department of Homeland Security was sentenced today to 36 months after having pleaded guilty today to charges of  bribery and conspiracy to defraud the United States, announced U.S. Attorney Matthew Schneider. 

According to court records, Divers was a Special Agent with the Detroit office of U.S. Immigration and Customs Enforcement – Homeland Security Investigations.   Divers admitted to conspiring with attorney Charles Busse to impair, obstruct, and defeat the lawful function of the U.S. Department of Homeland Security by dishonest means.  Divers also admitted to accepting a thing of value in return for acting in violation of his official duties as a law enforcement agent.  The crimes are alleged to have occurred between 2013 and 2015. 

“No one is above the law, particularly law enforcement officers in whom we place our trust to maintain the highest standards of honesty, integrity, and professionalism.  Citizens have the right to expect nothing less.  This office will ensure that entrusted to uphold these important tenets of our system of justice for their own personal gain will face sure and swift punishment for their misdeeds,” stated United States Attorney Matthew Schneider.  “I commend the dedication and commitment of the agencies involved in conducting a comprehensive criminal investigation into corruption activities that targeted the federal immigration system.”

DHS-OIG Special Agent in Charge John Tiano stated, “Let this sentence stand as an example that the Department of Homeland Security (DHS), Office of Inspector General (OIG), is relentlessly committed to eliminating corruption within the department.  The DHS OIG will never allow corrupt greed driven individuals to work alongside the proud honest men and women of this department, who risk their lives every day to protect our national security and keep this country safe.”

ICE Office of Professional Responsibility Special Agent in Charge, Keith Barwick stated, “Clifton Divers committed an egregious breach of the trust placed in DHS employees by the American people. While his actions are atypical of the dedication and integrity demonstrated by the vast majority of DHS employees, this sentence should send a message about the serious consequences facing those who exploit their positions and violate the law. The ICE Office of Professional Responsibility and the DHS Office of Inspector General will continue to aggressively investigate corruption and seek to prosecute perpetrators to the fullest extent of the law."

William J. Hannah, Special Agent in Charge of the Department of Justice Office of the Inspector General’s Chicago Field Office. “The foundation of law enforcement is the integrity of its officers.  Agents who fail to uphold those values, like Clifton Divers, will be held accountable for their actions,” said

Federal Bureau of Investigations Special Agent in Charge Timothy R. Slater, stated:

The investigation was conducted by the Office of Inspector General of the U.S Department of Homeland Security, the Internal Revenue Service – Criminal Investigations, the Federal Bureau of Investigation, the Department of Justice Office of the Inspector General and Immigration and Customs Enforcement – Office of Professional Responsibility.    The case was prosecuted by Assistant United States Attorney Dawn N. Ison, and former Assistant United States Attorney, Bruce C. Judge.

Contact: Gina Balaya - (313) 226-9758
www.justice.gov/usao/mie/index.html

Defendant Fraudulently Obtained More Than $750,000 from Relief Programs Intended for New York City Residents Displaced by Hurricane Sandy

Earlier today, Nagwa Elsilimy pleaded guilty at the federal courthouse in Brooklyn to disaster relief fraud in connection with obtaining more than $750,000 in disaster relief from New York City’s Build It Back program and the Federal Emergency Management Agency in the aftermath of Hurricane Sandy.  Today’s proceeding took place before United States District Judge Raymond J. Dearie.

Richard P. Donoghue, United States Attorney for the Eastern District of New York; Christina Scaringi, Special Agent-in-Charge, United States Department of Housing and Urban Development, Office of Inspector General (HUD OIG); Mark Tasky, Special Agent-in-Charge, Department of Homeland Security, Office of Inspector General, Washington Field Office (DHS OIG); and Mark G. Peters, Commissioner, New York City Department of Investigation, announced the guilty plea.

According to court filings and facts presented during the guilty plea proceeding, in the days and months following Hurricane Sandy, which struck New York and New Jersey on October 29, 2012, Elsilimy obtained and attempted to obtain federal funds appropriated for Sandy disaster relief by submitting material misrepresentations in her applications for relief.  Specifically, Elsilimy misrepresented that a home in Staten Island, which her family had abandoned months before the storm, was her primary residence at the time the hurricane devastated parts of New York and New Jersey.  In fact, she had been residing at a different address since at least March 2012.  Evidence obtained in the investigation established that Elsilimy fraudulently obtained federal and city aid totaling more than $750,000.

When sentenced, Elsilimy faces up to 30 years in prison, as well as a fine of up to $1,500,000.

The government’s case is being handled by the Office’s General Crimes Section.  Assistant United States Attorney Elizabeth Losey Macchiaverna is in charge of the prosecution.

The Defendant:

NAGWA ELSILIMY
 Age:  60
 Staten Island, NY

E.D.N.Y. Docket No. 17-CR-563

U.S. Attorney Brandon J. Fremin, who also serves as the Executive Director of the National Center for Disaster Fraud, announced today that LISA ELIZABETH CORONA, 37, of Denham Springs, Louisiana, was indicted yesterday by a federal grand jury charging her with submitting false claims to the United States and theft of $30,644 in Federal Emergency Management Agency (FEMA) funds in relation to the 2016 flooding that affected numerous local areas, to include Livingston Parish.

Following the 2016 flooding that affected 12 parishes in south Louisiana, FEMA funds were available to people who had emergency needs for food, shelter, and clothing because of the flood.  In order to qualify for assistance based on home ownership, an individual must have, among other things, resided in the home at the time of the storm.

According to the indictment, CORONA is alleged to have submitted a false application for FEMA assistance for a Denham Springs residence where she did not reside at the time of the August 2016 flooding.  In her application, she is also alleged to have lied in asserting that, because of the damage to the Denham Springs residence, she had emergency needs for food, clothing, and shelter.

“Federal disaster assistance funds are designated for the aid of individuals affected by a disaster, and with the intent to return these individuals to the lives they lived before being victimized by disasters,” said U.S. Attorney Fremin.  “The theft of these funds by criminals results in losses not only to the federal government, but also to actual disaster victims.  The U.S. Attorney’s Office for the Middle District of Louisiana, together with the National Center for Disaster Fraud and our federal, state, and local law enforcement partners, will continue diligent efforts to prosecute those who seek to steal disaster assistance funds and impair the Federal Government’s ability to assist true victims of a disaster.”

Special Agent in Charge David Green, Houston Field Office, Department of Homeland Security, Office of Inspector General, stated, “Working with the U.S. Attorney’s Office, the OIG will continue our commitment to identify and aggressively investigate all allegations of fraud to protect the integrity of FEMA programs funded by the taxpayer.   Theft of funds from DHS programs intended to help those in need will not be tolerated.”

Members of the public who suspect fraud involving disaster relief efforts, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721.  The telephone line is staffed by a live operator 24 hours a day, 7 days a week.  You can also fax information to the Center at (225) 334-4707, or email it to disaster@leo.gov (link sends e-mail).  Learn more about the Department of Justice’s National Center for Disaster Fraud at http://www.justice.gov/disaster-fraud.

This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the Department of Homeland Security, Office of Inspector General.  The case is being prosecuted by Assistant U.S. Attorney Paul L. Pugliese.

St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced today that Teron Stevens, 27, of St. Thomas, was indicted on Friday, June 8, 2018, by a federal grand jury charging him with one count of Disaster Fraud and one count of Wire Fraud, in relation to Hurricane Irma Federal Emergency Management Agency (FEMA) disaster relief funds.

According to the indictment, in September of 2017, Stevens applied to FEMA for disaster relief by falsely claiming to be a homeowner of a property damaged by Hurricane Irma. As a result, Stevens received over $27,000 in FEMA assistance to which he was not entitled. If convicted, Stevens faces a maximum sentence of not more than 30 years in prison, and a fine of up to $1,000,000.

On September 6, 2017, Hurricane Irma struck the United States Virgin Islands. In response, on September 7, 2017, President Donald J. Trump issued a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121 et seq. (the "Stafford Act"), for the Virgin Islands. As a result of this declaration, FEMA was authorized to provide assistance to affected residents of St. Thomas and St. John through FEMA’s Individuals and Households Program.

This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in October 2017. Members of the public who suspect fraud involving disaster relief efforts, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. You can also fax information to the Center at (225) 334-4707, or email it to disaster@leo.gov. Learn more about the Department of Justice’s National Center for Disaster Fraud at http://www.justice.gov/disaster-fraud.

This case is being investigated by the United States Department of Homeland Security-Office of the Inspector General, and is being prosecuted by Assistant United States Attorneys Meredith J. Edwards and Mervin A. Bourne, Jr.

United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.

He stole over $178,790 between 2013 and 2016 from Teays Valley Fire Department

In Separate Embezzlement Scheme Wife Embezzles over $75,000 from the Same Fire Department

HUNTINGTON, W.Va. – A Hurricane man and former West Virginia Cabinet Secretary pled guilty today to embezzling $178,790 from the Teays Valley Volunteer Fire Department, as well as to a related tax crime, announced United States Attorney Mike Stuart.  Clifford Keith Gwinn, 64, formerly the Cabinet Secretary of the West Virginia Department of Veterans Assistance, faces up to 15 years in prison, a $500,000 fine, 3 years of supervised release and a $200 special assessment when he is sentenced on September 17, 2018.  He has agreed to pay restitution to the Fire Department in the amount of  $178,790 and to the Internal Revenue Service in the amount of $68,281.  U.S. Attorney Stuart commended the investigative efforts of the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Division, the Office of Inspector General for the U.S. Department of Homeland Security, and the West Virginia Commission on Special Investigations.

“Egregious criminal conduct,” said United States Attorney Mike Stuart. “To steal from our first responders, those that save our lives and protect our homes, for personal greed is beyond comprehension.  It’s disappointing to say the least that a former public official serving at the highest levels of West Virginia state government would steal from first responders, the very folks who would run into danger to save him.  It’s tragic.  My team stands ready to aggressively prosecute elected officials who violate the basic public trust of honest service.”

Gwinn admitted that as Vice President and fiscal officer of the Fire Department, he was in charge of the financial affairs of the Fire Department and exercised significant control over the Fire Department’s finances.  He admitted that his duties included reporting income and expenditures to the Fire Department, preparing and submitting taxes for the Fire Department, and assisting with applications and reimbursements for federal grants, among other duties.   He further admitted that he, without authorization from the Fire Department, opened a Fire Department bank account where only he had signature authority, transferred funds into that account without the knowledge or authorization from the Fire Department, ensured certain health care insurance company reimbursements were deposited into that account, and wrote himself checks and checks to cash out of that account, which he then typically cashed.  He admitted that he further instructed the Fire Department’s Treasurer to write him checks from other Fire Department bank accounts and further misrepresented the amount of bank account balances to the Fire Department officers and board members.  He also admitted that he structured withdrawals out of the Fire Department’s accounts in series of transactions below $10,000, to prevent the banks from filing Currency Transaction Reports.  While he admitted that he systematically deposited cash into Fire Department bank accounts, his overall withdrawals and payments received significantly overwhelmed the amount of any deposits.   He also admitted that he had no authorization to write himself checks or receive and cash checks from the Fire Department, and was not entitled to any compensation.

During the period from 2013 through 2016 that Gwinn embezzled $178,790 in Fire Department funds, the Teays Valley Volunteer Fire Department received grants from the Federal Emergency Management Agency (FEMA), an agency of the United States Department of Homeland Security. These grants allowed the Fire Department to pay firefighters and to purchase and maintain equipment.

Furthermore, Gwinn admitted that that while he was Vice President and fiscal officer for the Fire Department, the Fire Department withheld taxes from its employee’s paychecks, including federal income taxes, Medicare, and social security taxes, together known as payroll taxes.  He admitted that he knew that he had the corporate responsibility to collect, truthfully account for, and pay over the Fire Department’s payroll taxes.  Gwinn admitted that from October 31, 2015 through April 30, 2017, while Gwinn was a responsible person for payroll taxes, Fire Department failed to account for and pay over approximately $61,421.31 in payroll taxes.

Gwinn further admitted that when he filed his personal income tax returns with the IRS, those returns were false because they failed to account for the funds he had embezzled from the Fire Department.

In a related prosecution, but separate embezzlement scheme, Gwinn’s wife, Kathy Sue Gwinn, 52, was sentenced yesterday for embezzling over $75,000 from the Teays Valley Volunteer Fire Department.   Kathy Gwinn was ordered to jail for a weekend a month for five months, ten months home confinement, and 3 years supervised release, plus probation.

Gwinn formerly served as the Treasurer of the Teays Valley Volunteer Fire Department. As Treasurer, she generated payroll checks for firefighters and signed the payroll checks on a Fire Department bank account. Gwinn volunteered for the Fire Department, and had no authority to write herself checks, nor was she entitled to wages, salary, or compensation for her role as Treasurer. Beginning in October 2014, and continuing through March 2017, she printed and wrote herself unauthorized checks from the Fire Department’s payroll account, noting on the memo line of the checks that the checks were for payroll, overtime, or tax preparation. Gwinn moved money from one fire department bank account into the bank account primarily used for payroll, and when she transferred those funds, she inflated the amount of the transfer to include enough to cover the unauthorized checks she planned to write to herself. Over the course of her scheme, she embezzled $75,356.70.  Gwinn was ordered to pay this amount in restitution.

During the period Gwinn embezzled funds, the Teays Valley Volunteer Fire Department received grants from FEMA, an agency of the United States Department of Homeland Security. These grants allowed the fire department to pay firefighters and to purchase and maintain equipment.

Assistant United States Attorney Meredith George Thomas was in charge of the prosecutions. United States District Judge Robert C. Chambers presided over the hearings.
 

U.S. Attorney Brandon J. Fremin, who also serves as the Executive Director of the National Center for Disaster Fraud, announced today that LISA ELIZABETH CORONA, 37, of Denham Springs, Louisiana, was indicted yesterday by a federal grand jury charging her with submitting false claims to the United States and theft of $30,644 in Federal Emergency Management Agency (FEMA) funds in relation to the 2016 flooding that affected numerous local areas, to include Livingston Parish.

Following the 2016 flooding that affected 12 parishes in south Louisiana, FEMA funds were available to people who had emergency needs for food, shelter, and clothing because of the flood.  In order to qualify for assistance based on home ownership, an individual must have, among other things, resided in the home at the time of the storm.

According to the indictment, CORONA is alleged to have submitted a false application for FEMA assistance for a Denham Springs residence where she did not reside at the time of the August 2016 flooding.  In her application, she is also alleged to have lied in asserting that, because of the damage to the Denham Springs residence, she had emergency needs for food, clothing, and shelter.

“Federal disaster assistance funds are designated for the aid of individuals affected by a disaster, and with the intent to return these individuals to the lives they lived before being victimized by disasters,” said U.S. Attorney Fremin.  “The theft of these funds by criminals results in losses not only to the federal government, but also to actual disaster victims.  The U.S. Attorney’s Office for the Middle District of Louisiana, together with the National Center for Disaster Fraud and our federal, state, and local law enforcement partners, will continue diligent efforts to prosecute those who seek to steal disaster assistance funds and impair the Federal Government’s ability to assist true victims of a disaster.”

Special Agent in Charge David Green, Houston Field Office, Department of Homeland Security, Office of Inspector General, stated, “Working with the U.S. Attorney’s Office, the OIG will continue our commitment to identify and aggressively investigate all allegations of fraud to protect the integrity of FEMA programs funded by the taxpayer.   Theft of funds from DHS programs intended to help those in need will not be tolerated.”

Members of the public who suspect fraud involving disaster relief efforts, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721.  The telephone line is staffed by a live operator 24 hours a day, 7 days a week.  You can also fax information to the Center at (225) 334-4707, or email it to disaster@leo.gov(link sends e-mail).  Learn more about the Department of Justice’s National Center for Disaster Fraud at http://www.justice.gov/disaster-fraud.

This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the Department of Homeland Security, Office of Inspector General.  The case is being prosecuted by Assistant U.S. Attorney Paul L. Pugliese.