News Corp ends legal fees it was paying for private investigator convicted in hacking scandal

LONDON — News Corp. says it has terminated legal payments to Glenn Mulcaire, the private investigator implicated in the phone hacking scandal roiling Britain’s establishment.Mulcaire’s hiring of a high-flying defense lawyer has long led many to suspect that the company was footing his legal bills, possibly in a bid to buy the convicted criminal’s silence.

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The termination of the payments Wednesday came one day after media baron Rupert Murdoch told lawmakers that he would try to find a way to stop the payments “provided it is not in breach of a legal contract.”

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Homeowners Hire Private Investigator

BILLINGS – Landowners are still waiting for soil sample results three weeks since the ExxonMobil oil spill. Some homeowners who want answers took matters into their own hands.
Scott and Sue McBurney live right along the Yellowstone River along River Road. They hired a private investigator to help give them an idea what’s happening on their land. For the first time Thursday they got preliminary answers to what they’ve been asking for three weeks.

The McBurney’s said they’ve just want to know if they can use their land for growing hay.

They said information their investigator has given reveals the impact of the spill might not be as bad as they expected.

The environmentalist they hired the hydrocarbons in the dirt near where they grow their hay.

“We hired him just to give us general ideas about some areas in our pasture. The results were some what reassuring. Judging from some of the things he said it sounds like some of the areas might have less oil then I originally thought and so were kind of cautiously optimistic,” said Scott McBurney.

The McBurney’s are still waiting for soil sample results from the EPA and DEQ. The McBurney’s said they need to know if they hay has been compromised before they can sell it.

Depending on how contaminated their land is they said they may have to replace the soil and that’s a process that could take up to three years.

ust to give us general ideas about some areas in our pasture. The results were some what reassuring. Judging from some of the things he said it sounds like some of the areas might have less oil then I originally thought and so were kind of cautiously optimistic.

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Father of Would-Be Suicide Bomber Convicted of Obstructing Terrorism Investigation

Mohammed Wali Zazi, the father of convicted terrorist Najibullah Zazi (“Najibullah”), was found guilty today by a Brooklyn federal jury of destroying bomb-making materials and conspiring to obstruct the federal investigation into Najibullah’s and his co-conspirators’ terrorist plot to attack the New York City subway system.

The verdict was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; James F. Yacone, Special Agent in Charge, Federal Bureau of Investigation, Denver Field Office; Janice K. Fedarcyk, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office; and Raymond W. Kelly, Commissioner, New York City Police Department.

Testimony and evidence at trial, as well as other court documents in this and related cases, established that a federal grand jury in the Eastern District of New York began investigating Najibullah’s plot to detonate improvised explosive devices in the New York City area in September 2009. The investigation by the grand jury and the Federal Bureau of Investigation revealed that Najibullah had sent e-mail messages to a contact in Pakistan seeking key ingredients for constructing a bomb, and had then rented a car in Denver, Colorado, and driven toward New York City. On September 11, 2009, while Najibullah was in New York City, the FBI conducted a covert search of his car and discovered handwritten bomb-making notes. Also on September 11, a Queens imam, who had been asked by authorities for information about Najibullah, tipped off the defendant and Najibullah about the investigation. Najibullah then returned to his home in Colorado.

After Najibullah returned to Colorado, his family members, led by the defendant Mohammed Wali Zazi, attempted to derail the federal investigation that was moving quickly to gather information about the plotters and the plot. For example, when asked about his relationship with the Queens imam who had tipped off the family about the investigation, the defendant lied to the FBI, claiming that he had no idea who the imam was—even though he had known the imam for years and had just engaged in a lengthy telephone call with him about the terrorist investigation. The defendant also lied about his relationship to Najibullah’s co-conspirator, Amanullah Zazi. Finally, the defendant directed family members to destroy Najibullah’s chemicals and other bomb-making materials so that the FBI would not find them.

When sentenced on December 2, 2011, the defendant faces a maximum of 20 years in prison on each of the two counts of conviction. Eastern District of New York Assistant U.S. Attorneys will also prosecute the defendant separately for visa fraud in the Southern District of New York.1

The defendant is the third individual to be convicted of attempting to obstruct the investigation in the Eastern District of New York into Najibullah’s and his co-conspirators’ terrorist plot. On January 8, 2010, Najibullah’s cousin, Amanullah, pleaded guilty to obstructing justice and aiding Najibullah and others in the receipt of al Qaeda training, and on January 22, 2010, Najibullah’s uncle, Naqib Jaji, pleaded guilty to obstructing justice.

“This defendant sought to conceal one of the most serious terror plots in recent times. He also enlisted others to help him spin his web of lies and to destroy key evidence. Had the plot not been thwarted, it would have left Americans at grave risk,” stated United States Attorney Lynch. “Just as we and our partners in law enforcement will vigorously prosecute those who plot terrorist attacks, we will also seek out and bring to justice those who obstruct the government’s investigations into those plots.” Ms. Lynch expressed her gratitude and appreciation to the federal and state law enforcement personnel who took part in the investigation.

“Mohammed Wali Zazi may have been under no legal obligation to assist investigators. But he lied to them, impeding the investigation and obstructing justice. Being uncooperative is one’s prerogative. Obstructing justice is a crime,” said FBI New York Assistant Director in Charge Fedarcyk.

NYPD Commissioner Kelly stated, “One of the reasons for New York’s safety in the decade since 9/11 was manifested in today’s verdict. The collaboration between NYPD detectives and FBI agents, and the prosecutors’ pursuit of justice in the case, has once again demonstrated the importance of that partnership.”

The government’s case was prosecuted by Assistant United States Attorneys Berit Berger, Andrew E. Goldsmith and Melissa Marrus of the U.S. Attorney’s Office for the Eastern District of New York, and Trial Attorney Courtney Sullivan of the Counterterrorism Section of the Justice Department’s National Security Division, with assistance provided by Trial Attorney William Narus of the Counterterrorism Section.

1 The charges contained in the visa fraud indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

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Project Delirium Results in Nearly 2,000 Arrests During 20-Month Operation, Seizures of More Than 12 Tons of Drugs and $62 Million in U.S. Currency

WASHINGTON—Approximately 1,985 individuals have been arrested on narcotics-related charges as part of a 20-month multi-agency law enforcement investigation known as Project Delirium, which targeted the La Familia Michoacana drug cartel, the Department of Justice announced today.

As part of an ongoing takedown that began June 1, 2011, 221 individuals have been arrested across the United States as part of Project Delirium, including more than 70 individuals apprehended yesterday and today. In addition, $770,499 in U.S. currency, 635 pounds of methamphetamine, 118 kilograms of cocaine, and 24 pounds of heroin were seized by law enforcement agents since June 1, 2011.

“Through coordinated and strategic efforts like Project Delirium, we are disrupting the operations of Mexican drug cartels in the United States and Mexico,” said Deputy Attorney General James Cole. “Today, we see drug traffickers operating in urban and rural communities alike. The arrests and seizures we are announcing today have stripped La Familia of its manpower, its deadly product, and its profit, and helped make communities large and small safer. The department is determined to continue our aggressive efforts, along with our Mexican law enforcement partners, to diminish and ultimately eliminate the threat posed by these dangerous groups.”

“Through the Secretariat of Public Security, the Government of Mexico has seen increased results in their fight against the drug trafficking organizations,” said Mexico’s Secretary of Public Security Genaro Garcia Luna. “Due to increased information sharing and collaboration with the DEA, these efforts have resulted in successful and significant arrests and seizures of drugs and money.”

“Project Delirium is the second successful, strategic, and surgical strike to disrupt and destroy one of the most violent Mexican cartels, La Familia,” said Administrator Michele M. Leonhart of the U.S. Drug Enforcement Administration (DEA). “Through their violent drug trafficking activities, including their hallmark of supplying most of the methamphetamine imported into the United States, La Familia is responsible for recklessly and violently destroying countless lives on both sides of the border. The strong joint efforts with our Mexican and U.S. law enforcement partners are crippling this brutal organization by capturing its leaders, strangling its distribution networks, and relentlessly pursuing its members and those who facilitate them.”

“Law enforcement officials here in the U.S., in Mexico and all around the world are cooperating at unprecedented levels. There is a willingness—like never before—to work hand-in-hand to fight the cartels, the criminal enterprises, and the violent gangs that threaten the peace and security of people on both sides of the border,” said John Morton, director of U.S. Immigration and Customs Enforcement (ICE).

“Investigations such as Project Delirium target the dangers these organizations pose to the United States and Mexico,” said Shawn Henry, FBI’s executive assistant director of the Criminal, Cyber, Response, and Services Branch. “The FBI, together with our federal and international law enforcement partners, will continue to commit our resources to combat the threat posed by transnational criminal enterprises.”

Project Delirium is the result of information gathered during the course of a previous effort targeting La Familia known as Project Coronado. To date, Project Delirium has led to the arrest of 1,985 individuals and the seizure of approximately $62 million in U.S. currency, and approximately 2,773 pounds of methamphetamine, 2,722 kilograms of cocaine, 1,005 pounds of heroin, 14,818 pounds of marijuana, and $3.8 million in other assets.

As part of Project Delirium, arrests have been made or charges have been unsealed to date in the following districts: the Northern District of Alabama; the Central, Eastern, and Southern Districts of California; the District of Colorado; the District of Columbia; the Northern District of Georgia; the District of Kansas; the Eastern District of Michigan; the District of Minnesota; the Eastern District of Missouri; the District of New Mexico; the Eastern and Western Districts of North Carolina; the Western District of Tennessee; and the Northern, Southern, and Western Districts of Texas. On June 21, 2011, Mexican law enforcement arrested La Familia leader and Consolidated Priority Organizational Target (CPOT) Jose de Jesus Mendez-Vargas, aka “El Chango” or “The Monkey,” based on Mexican charges.

Individuals indicted in these cases are charged with a variety of crimes, including: conspiracy to distribute methamphetamine, cocaine, and marijuana; distribution of methamphetamine, cocaine, and marijuana; conspiracy to import narcotics into the United States; money laundering; and other violations of federal law. Numerous defendants face forfeiture allegations as well.

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

The investigative efforts in Project Delirium were coordinated by the multi-agency Special Operations Division, comprised of agents and analysts from the DEA, FBI, ICE, Internal Revenue Service, U.S. Customs and Border Protection, U.S. Marshals Service, as well as attorneys from the Criminal Division’s Narcotic and Dangerous Drug Section and Office of International Affairs. More than 300 federal, state, local, and foreign law enforcement agencies contributed investigative and prosecutorial resources to Project Delirium through the Organized Crime Drug Enforcement Task Forces.

The department thanks the Government of Mexico and its Mexican law enforcement partners for their continued partnership and collaboration in the ongoing efforts to combat Mexican drug cartels.

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Patient Recruiter for Miami Health Care Agency Pleads Guilty in $25 Million Medicare Fraud Scheme

WASHINGTON—A patient recruiter for a Miami health care agency pleaded guilty today to his participation in a $25 million home health Medicare fraud scheme, announced the Department of Justice, the FBI and the Department of Health and Human Services (HHS).

Vicente Guerra-Nistal, 54, pleaded guilty before U.S. District Judge Joan A. Lenard in Miami to one count of conspiracy to commit health care fraud. Guerra was charged in a February 2011 indictment. According to plea documents, Guerra was a patient recruiter for ABC Home Health Care Inc. ABC was a Miami home health care agency that purported to provide home health and physical therapy services to Medicare beneficiaries.

According to court documents, ABC was operated for the purpose of billing the Medicare program for expensive physical therapy and home health care services that were medically unnecessary and/or were never provided. Court documents allege that the medically unnecessary services were prescribed by doctors, including Jose Nunez, M.D., and Francisco Gonzalez, M.D. Nunez and Gonzalez were also charged in the February 2011 indictment along with Guerra, and 18 other co-conspirators.

According to court documents, beginning in approximately January 2006, and continuing until approximately March 2009, Guerra offered and paid kickbacks and bribes to Medicare beneficiaries in return for those beneficiaries allowing ABC to bill Medicare for home health care and therapy services that were medically unnecessary and/or never provided. Guerra was paid kickbacks and bribes by the owners of ABC in return for recruiting the Medicare beneficiaries to ABC. Guerra admitted that he knew the patients he recruited for ABC did not qualify for the services that ABC billed to Medicare. In addition, Guerra knew that the patient files for his recruited patients were falsified in order to make it appear that the patients qualified for home health care and therapy services so that Medicare could be billed for medically unnecessary services.

As a result of Guerra’s participation in the illegal scheme, the Medicare program was billed approximately $194,000 for purported home health care services that were medically unnecessary and/or were never provided.

Sentencing has been scheduled for Oct. 17, 2011. The charge of conspiracy to commit health care fraud carries a maximum prison sentence of 10 years. The defendant also face fines and terms of supervised release, as well as forfeiture of any property or proceeds derived from his criminal activities.

Co-defendants Lisandra Alonso and Luisa Morciego pleaded guilty for their roles in the fraud scheme on July 13, 2011. Drs. Nunez and Gonzalez are scheduled to begin trial on Oct. 10, 2011. An indictment is merely a charge and defendants are presumed innocent until proven guilty.

Today’s charges were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; John V. Gillies, Special Agent in Charge of the FBI’s Miami Field Office; and Special Agent in Charge Christopher Dennis of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Miami office.

This case is being prosecuted by Trial Attorney Joseph S. Beemsterboer of the Criminal Division’s Fraud Section. The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Miami.

Since their inception in March 2007, Medicare Fraud Strike Force operations in nine locations have charged more than 1,000 defendants who collectively have falsely billed the Medicare program for more than $2.3 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

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Four People Indicted for Compelling Vietnamese Nationals into Labor Servitude

PHOENIX—Four family members were arrested today and face federal charges for exploiting the labor of immigrant Vietnamese nationals for years at their I Do, I Do Wedding Shop in Flagstaff, Arizona, federal authorities announced.

The two-year joint investigation into the family’s activity—dubbed “Operation Broken Promises”—involved at least five victims, now living throughout the United States. Earlier today federal prosecutors unsealed a five-count indictment and served arrest warrants against Flagstaff residents Huong Thi “Kelly” McReynolds, 58; Joseph Minh McReynolds, 36; Vincent Minh McReynolds, 32; and James Hartful McReynolds, 60. According to the indictment, the McReynolds family brought the victims into the United States by offering them a better life, including promises of happy marriages to United States citizens and educational opportunities. Shortly after the victims arrived in the United States, they discovered that the McReynolds family would not fulfill their promises. The victims instead faced compelled servitude in the McReynolds’ home and business.

Houng McReynolds was charged with all five counts alleged in the indictment: Count one alleges a violation of conspiring to engage in forced labor, count two alleges a forced labor violation, count three alleges a violation of unlawful conduct with respect to documents in furtherance of forced labor, count four alleges a violation of the Fair Labor Standards Act, and count five alleges a violation of conspiring to engage in marriage fraud. Joseph McReynolds was charged in counts one, two, and five; Vincent McReynolds was charged in counts one and two; and James McReynolds was charged in count five.

“Huong Thi McReynolds and her family lured these victims to the United States on the promise of the American dream; what the victims got instead was indentured servitude,” said U.S. Attorney Dennis K. Burke. “The defendants created a climate of fear inside their home and business by carrying firearms, berating the victims and threatening to physically harm them and shame their families in Vietnam. They weren’t just exploited for their labor, they were robbed of their basic human dignity.”

“Through fraud and coercion, the McReynolds family engaged in modern-day slavery to support their business and live an easy life on the backs of these exploited victims,” said Matt Allen, special agent in charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Arizona. “Working with our partners at the FBI and Department of Labor, HSI was able to document nearly a decade of abuse perpetrated by this family, which will now face justice for their actions.”

“Today’s arrest of members of the McReynolds family is a culmination of efforts by our federal law enforcement partners.,” said James L. Turgal Jr., FBI Special Agent In Charge, Phoenix. “When individuals are forced and exploited for their labor, it erodes our societies belief in the freedoms afforded to us under the laws of our nation. The FBI will continue to work with the law enforcement community to address this type of illegal activity and ensure that those responsible are brought to justice.”

The indictment alleges that beginning in September 2001, Huong McReynolds brought Vietnamese nationals to Flagstaff, or found them there, where she and her family members housed them and forced them to work seven days a week in the family’s bridal shop—I Do, I Do Bridal. At least until December 2008, Huong McReynolds and her two sons, Joseph and Vincent, compelled the victims to work long hours with little or no pay. Between September 2001 and December 2008, the Vietnamese workers cycled through the bridal shop, with their “employment” ending either by their escaping or being “evicted.”

Members of the McReynolds family, including Huong, Joseph, and James, each married Vietnamese victims. The victims believed they would be entering legitimate marriages with these McReynolds family members. Huong McReynolds shepherded victims through the visa process, to include coaching them prior to their interviews at the consulate. Once the victims were in the United States, Huong McReynolds confiscated their passports and identification, and informed them that they would not only be working at her home, but also long hours in their bridal shop. Despite their marriages to the victims, Huong McReynolds and James McReynolds, who divorced in 1996, continued to live together as husband and wife. Both before and after Joseph McReynolds’ marriage to one of the Vietnamese victims, he was living with a U.S. citizen, with whom he fathered children both before and during his fraudulent marriage.

Regarding the I Do, I Do Wedding Shop and other real property in Flagstaff, the United States District Court has issued a restraining order to preserve that property, and to prevent the removal or sale of such assets prior to the resolution of the criminal forfeiture proceedings included in the Indictment. The United States Marshal will act as receiver for the property. The phone number for the wedding shop will remain operational. If customers have immediate questions, they can contact the shop, however, the Marshals Service will be reaching out to contact existing customers.

A conviction for a violation of conspiring to engage in forced labor carries a maximum penalty of five years in prison, a $250,000 fine or both. A conviction for a violation of forced labor carries a maximum penalty of 20 years in prison, a $250,000 fine or both. A conviction for unlawful conduct with respect to documents in furtherance of forced labor carries a maximum penalty of five years in prison, a $250,000 fine or both. A conviction for a violation of the Fair Labor Standards Act carries a maximum penalty of six months in prison, $10,000 or both. Finally, a conviction for a violation of conspiring to engage in marriage fraud carries a maximum penalty of five years in prison, a $250,000 fine or both. In determining an actual sentence, the assigned District Court Judge, Judge Snow, will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. Judge Snow, however, is not bound by those guidelines in determining a sentence.

An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation was conducted by ICE HSI, the FBI, the United States Department of Labor, and the United States Marshals Service. The prosecution is being handled by Krissa Lanham and Josh Patrick Parecki, Assistant U.S. Attorneys, District of Arizona, Phoenix.

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La Jolla, California Lawyer Receives 21-Month Prison Sentence for Defrauding New Mexico Investor

ALBUQUERQUE—United States Attorney Kenneth J. Gonzales announced that, on July 1, 2011 in federal court in Albuquerque, Paul Conrad Ward, Jr., 63, was sentenced to a 21-month term of imprisonment to be followed by three years of supervised release for his wire fraud conviction. Ward, a lawyer who resides in La Jolla, California, also was ordered to pay $530,000 in restitution to the victim of his fraud. At his sentencing hearing, Ward tendered a $200,000 check that will be applied to his restitution bill; he is required to pay the balance within a year of his release from prison. Ward was ordered to self-surrender to a federal correctional facility to be designated by the U.S. Bureau of Prisons within 60 days.

Ward was indicted on August 10, 2010 and charged with devising a scheme to defraud an investor in New Mexico (the Victim) under false pretenses. According to the indictment, which was superseded on February 24, 2011, Ward perpetrated his fraudulent activity between December 11, 2006 through August 20, 2008 by inducing the Victim to give $500,000 to a business entity controlled by Ward, purportedly to be invested in an overseas trading program. However, instead of investing the money as promised, Ward used the $500,000.00 for his own personal use and that of others.

Ward entered a guilty plea to Count 1 of the six-count superseding indictment on March 31, 2011. In his plea agreement, Ward admitted soliciting and accepting $500,000.00 from the Victim under false pretenses. He further admitted that he did not invest the money as promised, but instead spent almost all of the money for his own personal use and the use of others in less than three weeks. Under the terms of the plea agreement, the remaining five counts of the indictment were dismissed after Ward was sentenced.

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Former Shionogi Employee Arrested, Charged with Hack Attack on Company Servers

NEWARK, NJ—A Georgia man who allegedly froze the operations of a New Jersey pharmaceutical company where he had worked by deleting portions of its computer network has been federally charged in connection with the alleged attack, U.S. Attorney Paul J. Fishman announced.

Jason Cornish, 37, of Smyrna, Georgia, was arrested this morning near his residence by special agents of the FBI on a complaint charging him with knowingly transmitting computer code with the intent to damage computers in interstate commerce. He is expected to make an initial appearance this afternoon before U.S. Magistrate Judge Janet F. King in Atlanta federal court.

“The computers on which companies do business are the engines of the 21st century economy,” U.S. Attorney Fishman stated. “Malicious intrusions are against the law, regardless of motive. Hacking attacks devised as personal revenge can have serious repercussions for perpetrators as well as victims.”

“As the general public is becoming increasingly aware, the impact of cyber intrusions can be substantial, whether it occurs at home, a commercial institution, or with critical national infrastructure,” said Newark FBI Special Agent in Charge Michael B. Ward. “In this instance, Jason Cornish allegedly was able to inflict great damage to Shionogi, Inc., with the stroke of a few computer keys. Unfortunately, given his choice to misuse his considerable cyber skills, his actions now have him facing a potential decade-long prison sentence and untold financial repercussions.”

According to the complaint unsealed today:

Cornish was an information technology employee at Shionogi, Inc., a United States subsidiary of a Japanese pharmaceutical company with operations in New Jersey and Georgia. In late September 2010, shortly after Cornish had resigned from Shionogi, the company announced layoffs that would affect B.N., Cornish’s close friend and former supervisor.

In the early morning hours of February 3, 2011, Cornish gained unauthorized access to Shionogi’s computer network. Cornish used a Shionogi user account to access a Shionogi server. Once he accessed the server, Cornish took control of a piece of software that he had secretly installed on the server several weeks earlier.

Cornish then used the secretly installed software program to delete the contents of each of 15 “virtual hosts” on Shionogi’s computer network. These 15 virtual hosts (subdivisions on a computer designed to make it function like several computers) housed the equivalent of 88 different computer servers. Cornish used his familiarity with Shionogi’s network to identify each of these virtual hosts by name or by its corresponding Internet Protocol address.

The deleted servers housed most of Shionogi’s American computer infrastructure, including the company’s e mail and Blackberry servers, its order tracking system, and its financial management software. The attack effectively froze Shionogi’s operations for a number of days, leaving company employees unable to ship product, cut checks, or communicate by e-mail. Shionogi sustained at least $300,000 in losses responding to the attack, conducting damage assessments, and restoring the company’s network to its prior condition.

The FBI’s investigation revealed that the attack originated from a computer connected to the wireless network of a Smyra McDonald’s where Cornish had used his credit card to make a purchase minutes before the attack. Cornish also gained unauthorized access to Shionogi’s network from his home Internet connection using administrative passwords to which he had access as an employee.

The count with which Cornish is charged carries a maximum potential penalty of 10 years in prison and a $250,000 fine.

U.S. Attorney Fishman thanked special agents of Newark FBI’s Cyber Crimes Task Force, under the direction of Special Agent in Charge Michael B. Ward; and in Atlanta, under the direction of Special Agent in Charge Brian D. Lamkin, with the investigation leading to this morning’s arrest. Mr. Fishman added that the investigation is continuing.

The government is represented by Assistant U.S. Attorney Seth B. Kosto of the U.S. Attorney’s Office Computer Hacking and Intellectual Property Section in the Office’s Economic Crimes Unit in Newark.

The charges and allegations contained in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.

Defense counsel: Richard V. Merritt Esq., Smyrna, Ga.

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Alexandria MS-13 Member Receives 10 Years for Sex Trafficking of Juveniles

ALEXANDRIA, VA—Alexander Rivas, a/k/a “Casper,” 19, of Alexandria, Va., was sentenced today to 120 months in prison, followed by five years of supervised release, for the sex trafficking of two juvenile females. As an outcome of today’s sentence, Rivas will also be required to register as a sex offender in whatever community he resides.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by United States District Judge Gerald Bruce Lee.

According to court documents, Rivas, an American born MS-13 member who was residing in Northern Virginia, recruited two female juvenile runaways to serve as prostitutes. Rivas not only recruited the two victims, but also secured the prostitution clients, provided the prostitutes with condoms, negotiated the prostitution fees, and orchestrated the prostitution appointments. The majority of the prostitution activity took place throughout Northern Virginia, including the cities and municipalities of Woodbridge, Fairfax, and Alexandria.

This case was investigated by the FBI Washington Field Office, with assistance from the Alexandria and Fairfax County police departments. Assistant United States Attorneys Zachary Terwilliger and Rebecca H. Bellows prosecuted the case on behalf of the United States.

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Northwest Suburban Man Sentenced to Six Years in Prison for Swindling $5 Million from 150 Victims in Investment Fraud Scheme

CHICAGO—A northwest suburban man was sentenced to six years in federal prison for engaging in an investment fraud scheme that swindled more than $5 million from approximately 150 victims who invested in funds he purported to operate. The defendant, Scott M. Ross, who pleaded guilty to mail fraud in March, was sentenced yesterday, Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation, announced today. Ross misused money he raised from investors for his own benefit, including salary and a stadium sky box, and to make Ponzi-type payments to certain customers who complained.

Ross, 42, of Woodstock, was also ordered to pay outstanding restitution totaling $3,699,834 by U.S. District Judge William Hibbler in Federal Court in Chicago. Ross was ordered to begin serving his sentence on Oct. 18, 2011.

Ross owned and operated Harbor Wealth Management, LLP, and two subsidiaries that together purportedly engaged in the insurance investment business, primarily from an office in Schaumburg. Between 2006 and 2009, Ross’ businesses offered and sold investments to the public in three investment funds: the Elucido Fund, LP, the Moondoggie Fund, LP, and the Maize Fund LP.

Ross raised approximately $1.9 million from about 25 investors in the Elucido Fund, which claimed to invest in life settlement contracts, described as the purchase of the right to receive death benefits upon the death of the insured on a life insurance policy. He raised approximately $3.1 million from approximately 134 investors in the Moondoggie Fund, which purported to invest in the stock of Moondoggie Technologies, Inc., and its reported development of a dual-sided computer monitor.

Ross caused more than 150 of these investors to lose more than $5 million they invested in the two funds by commingling the money he raised and misappropriating funds for his own use and benefit. He made fraudulent statements to investors about his business and investment background, the risks involved in the investments, the return on investment, the use of investors’ funds, and the status of investments.

As part of the fraud scheme, Ross falsely represented to certain investors that he was board certified in estate planning; was a certified fund specialist, and “had passed a comprehensive seven-year background review with all regulatory bodies, including the NASD, SEC, and all state insurance and securities boards.”

As an example of the misappropriation of funds, Ross used all of the funds invested in the Elucido Fund for such improper purposes as paying expenses of the Maize Fund, making Ponzi-type payments to repay investors in the Moondoggie Fund, purchasing a $75,000-per-year sky box at the Indianapolis Colts’ football stadium, and paying himself a $319,000 salary.

Ross falsely represented to investors in the Elucido Fund that they could expect returns of as much as 34 percent from the fund’s investing in a combination of traditional life settlement and viatical instruments, when he neither intended nor did purchase any such instruments. In offering and selling interests in the Moondoggie Fund, Ross falsely represented that Moondoggie Technologies had agreed to buy back its shares purchased by the fund for $3.75 per share in 30 months and later for $5 per share in 36 months; however, Moondoggie Technologies never agreed to repurchase any of its shares at any price.

The government was represented by Assistant U.S. Attorneys Benjamin Langner and Terra Reynolds. The Securities and Exchange Commission assisted the investigation conducted by the FBI.

The prosecution falls under the umbrella of the Financial Fraud Enforcement Task Force, which includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information on the task force, visit: www.StopFraud.gov.

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Posted in Private Investigator Lexington | Tagged | Comments Off on Northwest Suburban Man Sentenced to Six Years in Prison for Swindling $5 Million from 150 Victims in Investment Fraud Scheme