Mississippi Woman Pleads Guilty to Katrina Fraud

GULFPORT, MS—Demonica L. Rogers, age 35, of Gautier, Mississippi, pled guilty in U.S. District Court on July 6, 2011, to theft of federal disaster funds of the Federal Emergency Management Agency (FEMA) for Hurricane Katrina benefits, U.S. Attorney John Dowdy announced.

Rogers admitted that she stole and converted federal funds by allowing her personal bank accounts to be used to receive stolen federal disaster funds from FEMA in the amount of $21,000. Rogers received payments for the use of her accounts by others involved in the theft.

Rogers will be sentenced on October 13, 2011, and faces a maximum penalty of 10 years in prison and a $250,000.00 fine.

This case was investigated by special agents of the Department of Homeland Security – Office of Inspector General and the Federal Bureau of Investigation.

In September, 2005, former Attorney General Alberto R. Gonzales created the national Hurricane Katrina Fraud Task Force, designed to deter, investigate, and prosecute disaster-related federal crimes such as charity fraud, identity theft, procurement fraud, and insurance fraud. The Hurricane Katrina Fraud Task Force—chaired by Assistant Attorney General for the Criminal Division, Lanny A. Breuer—includes members from the FBI, Department of Homeland Security Office of Inspector General, the Federal Trade Commission, the Department of Labor Office of Inspector General, the Postal Inspector’s Office, and the Executive Office of United States Attorneys, among others.

Pursuant to the Justice Department initiative, a local Katrina Fraud Task Force consisting of over 20 federal and state law enforcement agencies, was formed in the Southern District of Mississippi to pursue and prosecute individuals who engage in fraud associated with the hurricanes.

If anyone has information concerning possible fraud being committed during the post-Katrina recovery effort, please call either the DHS-OIG Fraud Hotline at 1-866-720-5721 or the FBI Fraud Hotline at 1-800-225-5324.

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Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking Charges

LAS CRUCES—On July 6, 2011 in federal court in Las Cruces, Luis Omar Vielmas-Valdiviezo, 30, of Roswell, New Mexico, pled guilty to participation in a conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute under a plea agreement with the United States Attorney’s Office. Under the terms of his plea agreement, Vielmas-Valdiviezo will be sentenced to 10 years of imprisonment to be followed by at least five years of supervised release. Vielmas-Valdiviezo has been in custody since his arrest on January 27, 2011, and remains detained pending his sentencing hearing, which has yet to be scheduled.

United States Attorney Kenneth J. Gonzales said that Vielmas-Valdiviezo was arrested after officers of the New Mexico State Police and Lea County Drug Task Force found methamphetamine concealed in his car after stopping him for a traffic violation in Lovington, New Mexico. Court records reflect that Vielmas-Valdiviezo consented to a search of his car during the traffic stop and that the officers found two packages containing 485.11 grams of pure methamphetamine in the car’s air filter during their search of the car. Later that day, officers of the Chaves County Metro Narcotics Task Force and agents of the Federal Bureau of Investigation executed a state search warrant at Vielmas-Valdiviezo’s residence in Roswell and found another 456.85 grams of pure methamphetamine and $5,500 in cash.

During yesterday’s plea hearing, Vielmas-Valdiviezo admitted possession of the methamphetamine seized from his car and residence on January 23, 2011. Vielmas-Valdiviezo also admitted that selling methamphetamine to co-defendant Romulo Urias Bueno, 40, of Hobbs, New Mexico.

Urias Bueno pled guilty to conspiracy on June 6, 2011; he remains in custody pending his sentencing hearing, which has not yet been set. Another co-defendant, Blanca Dorado, 39, also of Hobbs, New Mexico, also pled guilty to conspiracy on June 6, 2011. Dorado remains on release under pretrial supervision pending her sentencing hearing, which has yet to be scheduled.

The case was investigated by the Federal Bureau of Investigation, New Mexico State Police, the Lea County Drug Task Force, the Chaves County Metro Narcotics Task Force and the Eunice Police Department and is being prosecuted by Assistant United States Attorney Jessica Cárdenas Jarvis.

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Gambrills Podiatrist Pleads Guilty to Fraudulently Billing Medicare Over $1.1 Million

BALTIMORE—Larry Bernhard, age 55, a podiatrist who operated his business from his home in Gambrills, Maryland, pleaded guilty to health care fraud and aggravated identity theft related to a scheme to fraudulently bill Medicare for more than $1.1 million.

The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; and Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation.

“Health insurance programs trust providers to bill honestly for medical services, so it is essential to punish doctors who betray that trust,” said U.S. Attorney Rod J. Rosenstein. “Dr. Larry Bernhard flagrantly ripped off Medicare Advantage by fabricating claims for services that he never provided, collecting more than $1 million in new false claims even after he was caught and prohibited from billing federal health care programs.”

According to Bernhard’s plea agreement, since 1981 he has been a licensed podiatrist in Maryland and operated a podiatry practice under the business name, Chesapeake Wound Care Center. Bernhard ran the Chesapeake Wound Care Center business from his home. On October 30, 2007, Bernhard entered into a Settlement Agreement with the government to resolve allegations that from April 1, 2002 through October 11, 2004, Bernhard submitted 80 claims to Medicare for podiatry services purportedly provided at skilled nursing facilities when, in fact, the patients were actually in hospitals at the time the services were allegedly provided. As part of the settlement Bernhard agreed to be excluded from “Medicare, Medicaid, and all other Federal health care programs” for a period of three years.

Bernhard admits that from October 31, 2007 to July 20, 2010, he fraudulently billed Medicare Advantage plans and was paid at least $1.1 million from these plans. All of the fraudulent billing occurred while Bernhard was excluded from billing all federal health care programs, including Medicare Advantage plans. Of the $1.1 million received by Bernhard, at least $1 million was for services that were not rendered. Bernhard admits that he used the names and personal identifying information of approximately 200 patients at various nursing homes to submit false bills for podiatry care that he never performed.

Bernhard faces a maximum penalty of 10 years in prison for health care fraud and a mandatory two years in prison, consecutive to any other sentence imposed, for aggravated identity theft. U.S. District Judge James K. Bredar has scheduled sentencing for November 21, 2011 at 10:00 a.m. As part of his plea agreement, Bernhard has agreed to pay restitution of $1,122,992.08.

United States Attorney Rod J. Rosenstein commended the HHS – Office of Inspector General, FBI, and Howard County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Paul E. Budlow, who is prosecuting the case.

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Former Customs and Border Protection Inspector Sentenced to Lengthy Prison Term

BROWNSVILLE, TX—Former Customs and Border Protection (CBP) inspector Luis Enrique Ramirez, 39, has been sentenced to a total of 204 months in federal prison, United States Attorney José Angel Moreno announced today. Ramirez, of Brownsville, Texas, was convicted in March 2011, following his guilty plea to conspiring to transport certain aliens within the United States, bringing in a certain aliens into the United States for private financial gain, accepting bribes in his capacity as a government official, and possessing with intent to distribute a quantity exceeding five kilograms of cocaine.

Ramirez, 38, of Brownsville, pleaded guilty on March 3, 2011. At that time, Ramirez admitted that between November 2007 and January 2009, while employed as a CBP officer, he was a member of a drug trafficking organization. He admitted that on Dec. 17, 2008, he allowed a co-conspirator to drive a vehicle laden with 12 kilograms of cocaine into the United States via a vehicle primary inspection lane he was manning at the time. Ramirez also admitted that between July 2008 through January 2009, he conspired with others to bring illegal aliens into the United States and to transport them furthering their illegal presence in the United States for commercial advantage and private financial gain and accepting bribes to influence him in his official capacity as a CBP officer.

Ramirez received the statutory maximum 120 months for each of the two counts of alien smuggling counts, the statutory maximum of 180 months for the bribery conviction, as well as 204 months for drug smuggling. All sentences are to run concurrently. Following his prison term, he will also serve 10 years of supervised release. As part of his sentence, U.S. District Judge Andrew S. Hanen also entered a money judgment in the amount of $500,000 against the defendant, a sum representing the proceeds of Ramirez’s criminal activity, to the United States.

Ramirez’s sentence includes upward adjustments or increases in his calculated sentencing guideline range because he recruited other individuals, he was a public official, he received more than one bribe, he received more than $5,000 in bribes and he was in a high level or sensitive position and used his position as a public official to facilitate the illegal entry persons and narcotics into United States.

Ramirez has been in custody since his arrest, where he will remain pending transfer to a Bureau of Prisons facility to be determined in the near future where he will serve out his sentence.

This case was investigated by agents of the FBI’s Brownsville Resident Agency, Immigration and Customs Enforcement – Office of Professional Responsibility, Department of Homeland Security – Office of Inspector General, and CBP – Office of Internal Affairs. The case was prosecuted by Assistant U.S. Attorney Angel Castro.

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Mother, Daughter, Father Plead Guilty to Mortgage Fraud Scam

HOUSTON—Claymon “Butch” Trammell, along with his wife, Jeannettea Williams, and daughter, Michelle Trammell, have all pleaded guilty to conspiracy to commit wire fraud for their roles in a multi-million-dollar mortgage fraud scheme, United States Attorney José Angel Moreno announced today. The three residents of Houston entered their pleas yesterday in federal court before United States District Court Judge Vanessa Gilmore.

From 2003 until the end of 2006, Claymon Trammell, 61, conspired with his wife, 56, and daughter, 39, to defraud mortgage lenders. Claymon Trammell and Williams recruited and paid individuals to act as straw borrowers on applications for residential mortgage loans, even though the borrowers had no intention of making payments on the mortgage loans or, in the case of homes supposedly purchased as “primary residences,” of residing in the homes. Some borrowers were used multiple times, including one borrower whose name and credit was used to “purchase” approximately 17 homes. Claymon Trammell pitched the scheme as an investment where the straw borrowers would not need any money down, would not be responsible for the monthly payments and would get money for the use of their name and credit.

At times during the scheme, Michelle Trammell and Williams were licensed mortgage loan officers. Michelle Trammell acted as a loan officer in the transactions and filled out loan applications in the names of borrowers and knowingly provided lenders with false information and documents about the borrower’s employment, income, assets and intent to occupy the purchased property. Michelle Trammell and Williams provided lenders with various documents she knew to be false, including false verifications of deposit, false verifications of rent and false earnest money contracts. There were more than 70 homes involved in the scheme, all of which went into payment default and most into foreclosure. The three defendants caused lenders to fund loans to purchase more than 70 homes in the Houston area and personally benefitted by funneling some of the loan proceeds to themselves via businesses they controlled and/or owned via bogus repair invoices and realtor and loan officer commissions.

For their conviction of conspiracy to commit wire fraud in violation of 18 U.S.C. Section 371, the defendants face a maximum of five years’ imprisonment, a $250,000 fine, as well as up to a three-year term of supervised release at their sentencing, scheduled for Dec. 5, 2011. As part of their plea agreements, the defendants also agreed to pay restitution if ordered to do so by the court.

The investigation leading to the charges was the result of an investigation conducted by agents of the FBI. Assistant United States Attorneys Belinda Beek, Jimmy Sledge, and Kebharu Smith prosecuted the case with assistance from paralegal specialist Brenda Williams.

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Mayor of Port Allen, Louisiana Convicted of Racketeering

BATON ROUGE, LA—United States Attorney Donald J. Cazayoux, Jr., announced today that DEREK A. LEWIS, age 50, of Port Allen, Louisiana, pled guilty before U.S. District Court Judge Brian A. Jackson to violating the Racketeer Influenced and Corrupt Organizations Act (RICO). LEWIS, the Mayor of the City of Port Allen, Louisiana, had been charged by a federal grand jury with a variety of offenses related to his taking of bribes while Mayor. His trial had been scheduled to begin on July 25, 2011.RICO provides for a maximum sentence of 20 years’ imprisonment, a $250,000 fine, and forfeiture. Given LEWIS’s acceptance of responsibility and cooperation, the parties have agreed that a sentence of imprisonment not to exceed five years is appropriate. In addition to any term of imprisonment, LEWIS will be required to forfeit all of the proceeds from the offense and faces up to $250,000 in fines and a term of up to three years of supervised release following imprisonment.LEWIS’s conviction is part of Operation Blighted Officials, an investigation utilizing undercover operations to determine the extent and scope of public corruption. As part of the operation, individuals working undercover for the FBI posed as businessmen (hereinafter referred to as “the Businessmen”) affiliated with a company involved in the development of a conceptual product known as the “Cifer 5000.” The Cifer 5000 was marketed as an automated waste container cleaning system using specially-designed and equipped trucks to clean and sanitize commercial and residential waste containers. Its potential customer pool was represented to be governmental entities, such as municipalities.During his guilty plea, LEWIS admitted that, during the period from October 2008 through June 2010, he used his position as Mayor to take actions favorable to the Businessmen, including the promotion of the Cifer 5000 in the city and elsewhere, in exchange for cash and other things of value totaling over $15,000. LEWIS admitted that such official actions included (1) writing a false official letter of support which he believed would be used to secure millions of dollars in private investor capital; (2) writing a false official letter of support which he believed would be used to convince other public officials to contract with the Cifer 5000; (3) agreeing to propose a City ordinance favorable to the Cifer 5000 project; (4) writing an official letter of support which he believed would be provided to the U.S. Environmental Protection Agency in connection with a multi-million dollar grant request; (5) providing access to confidential law enforcement information through the Chief of Police; and (6) guaranteeing that the Cifer 5000 would receive a contract with the City.The status of the other defendants in Operation Blighted Officials is as follows:

  • Johnny Johnson: On July 23, 2010, the former City Councilman of Port Allen, Louisiana, was convicted after pleading guilty to using an interstate facility in aid of racketeering. Johnson faces up to five years’ imprisonment and a $250,000 fine. He will be sentenced by Chief U.S. District Judge Ralph E. Tyson on a date to be determined.
  • Maurice B. Brown: On March 3, 2011, the former Mayor of White Castle, Louisiana, was convicted by a federal jury following a seven-day trial of 11 counts of violating RICO, engaging in honest services mail and wire fraud, and using an interstate facility in aid of racketeering. His brother was acquitted. Former Mayor Brown faces up to 145 years’ imprisonment and a $2,750,000 fine. He is scheduled to be sentenced before U.S. District Judge Brian A. Jackson at 9:30 a.m. on August 10, 2011.
  • Thomas A. Nelson, Jr.: On July 22, 2011, the former Mayor of New Roads, Louisiana, was convicted by a federal jury following an eleven-day trial of 7 counts of violating RICO, engaging in honest services wire fraud, using an interstate facility in aid of racketeering, and making false statements to the FBI. He faces up to 65 years’ imprisonment and a $1,750,000 fine. He will be sentenced by Chief U.S. District Judge Ralph E. Tyson on a date to be determined.
  • Frederick W. Smith: The Chief of Police for Port Allen, Louisiana, has been charged by a federal grand jury with 11 counts of violating RICO, engaging in honest services wire and mail fraud, and using an interstate facility in aid of racketeering. If convicted, Smith faces up to 130 years’ imprisonment and a $2,750,000 fine. His trial is set to begin on July 25, 2011 before U.S. District Judge Brian A. Jackson.
  • George L. Grace, Sr.: The former Mayor of St. Gabriel, Louisiana has been charged by a federal grand jury with 11 counts of violating RICO, bribery involving a federally-funded entity, making false statements, obstruction of justice, honest services mail and wire fraud, and use of an interstate facility in aid of racketeering. If convicted, Grace faces up to 180 years’ imprisonment and a $2,750,000 fine. His trial is set to begin on January 23, 2012, before Chief U.S. District Judge Ralph E. Tyson.

U.S. Attorney Cazayoux stated, “I am pleased that the defendant has accepted responsibility for his actions. His guilty plea allows his community to move forward and past this dark period in its history. This case highlights the importance of discovering and prosecuting public corruption and demonstrates the continued commitment of the U.S. Attorney’s Office in prosecuting these crimes which undermine the public’s confidence in its government. We look forward to proceeding with other cases under Operation Blighted Officials.”FBI Special Agent-in-Charge David Welker stated: “Today’s guilty plea marks a significant step in this ongoing investigation and should send a clear message to any public official contemplating using his office to line his pockets for self-enrichment. This guilty pleaand other ongoing public corruption probes reflect the FBI’s commitment and dedication to deterring and preventing future schemes that involve elected officials.”Operation Blighted Officials is an ongoing investigation being conducted by the Federal Bureau of Investigation and the United States Attorney’s Office for the Middle District of Louisiana. The U.S. Department of Housing and Urban Development, Office of Inspector General, has also assisted. These matters are being prosecuted by Assistant United States Attorney Corey R. Amundson, who serves as the Senior Deputy Criminal Chief, and Assistant United States Attorney M. Patricia Jones, who serves as the Senior Litigation Counsel. In addition, Assistant United States Attorney Alan A. Stevens is a member of the LEWIS prosecution team and Assistant United States Attorney Michael Jefferson is a member of the NELSON prosecution team.

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Former D.C. Council Chief of Staff Sentenced to Eight-Month Prison Term for Accepting Illegal Gratuities and Making a False Statement

WASHINGTON—Ted G. Loza, the former chief of staff for a District of Columbia Council member, was sentenced today to eight months in prison for his role in a large-scale, long-term scheme to corrupt the taxicab industry in Washington, D.C.
The sentencing, which took place this morning, was announced by U.S. Attorney Ronald C. Machen Jr., James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Loza, 46, pled guilty in February 2011 to two charges of accepting illegal gratuities and one charge of making a false statement to the District of Columbia Board of Elections and Ethics. He was sentenced by Senior Judge Paul L. Friedman. Upon completion of his prison term, Loza will be placed on four months of supervised release. The judge also ordered Loza to perform 150 hours of community service for what he called an abuse of public trust.
“In this case, the victims are the citizens of the District of Columbia, who are entitled to honest government,” Judge Friedman declared at the sentencing.
Loza, of Washington, D.C., is among 27 people who have pled guilty in the investigation. He was a member of the staff of Council member Jim Graham, and was chief of staff from 2007 until November 2009. In connection with his guilty plea, Loza admitted that in June and July of 2009, while working as the chief of staff, he received $1,500 in cash payments from Abdul Kamus, then a representative of individuals having a financial interest in the District of Columbia taxicab industry.
These cash payments were accepted by Loza for his assistance with legislation for a hybrid vehicle exception to a moratorium on new taxicab company licenses in the District of Columbia. The legislation was introduced by Council member Graham on June 30, 2009.
Loza also admitted that in May of 2009, he submitted a false financial disclosure statement to the District of Columbia Board of Elections and Ethics that failed to reflect gifts in excess of $100 from Kamus during 2008.
Previously, Kamus, 54, of Silver Spring, Md., pled guilty to charges of bribery and conspiracy to commit bribery in connection with his contacts with Loza and other activities. He is awaiting sentencing in U.S. District Court.
In addition to Loza and Kamus, those convicted include Yitbarek Syume, 53, of Silver Spring, Md., Berhane Leghese, 46, of Arlington, Va., and Amanuel Ghirmazion, 53, of Washington, D.C.. All three men pled guilty in March 2011 to conspiring to commit bribery.
Syume, Leghese and Ghirmazion admitted to conspiring to bribe public officials in an effort to obtain multi-vehicle taxicab company licenses in a scheme that lasted from September 2007 until September 2009. This scheme, an attempt to corner the market in the D.C. taxicab industry, involved approximately $270,000 in illegal payments and attempted illegal payments. Syume, Leghese and Ghirmazion also are awaiting sentencing in U.S. District Court.
The other guilty pleas came in an unrelated case involving the issuance of taxicab operator licenses. In that matter, a total of 22 people have pled to charges and 15 are awaiting trial.
“Today’s sentence demonstrates our steadfast commitment to aggressively investigating and prosecuting cases of public corruption in the District of Columbia,” said U.S. Attorney Machen. “This defendant is one of 27 people convicted in a multi-year investigation into the District of Columbia’s taxicab industry. Now, instead of continuing to line his own pockets at the expense of the District’s taxpayers, Mr. Loza will be spending the next eight months in prison.”
“Unfortunately some public servants expect their position gives them the right to illegally profit,” said Assistant Director McJunkin. “Today’s sentence is a reminder that taking illegal gratuities and lying about it has its consequences.”
In announcing today’s sentence, U.S. Attorney Machen, Assistant Director in Charge McJunkin, and Chief Lanier commended the work of FBI Special Agents on the case, as well as MPD Sergeant Andrew Struhar, Detective Joseph Sopata and Detective Elliott Taylor. They also acknowledged the efforts of the staff of the U.S. Attorney’s Office, including Paralegals Jeannette Litz, Carolyn Cody and Jared Forney, Joshua Ellen, of the Litigation Technology Unit, and Assistant U.S. Attorney John Crabb Jr. and former Assistant U.S. Attorney John Griffith, who investigated and prosecuted the case
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Tattoo Shop Owner Pleads Guilty to Money Laundering, Conspiracy to Distribute Marijuana

COLUMBUS—Edward A. Rife, 31, of Westerville pleaded guilty in U.S. District Court to one count of conspiracy to possess with intent to distribute more than 100 kilograms of marijuana and one count of money laundering.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Tracey E. Warren, Acting Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), Acting Franklin County Sheriff Stephan L. Martin, Columbus Police Chief Walter Distelzweig and J. Mark Batts, Acting Special Agent in Charge, Federal Bureau of Investigation, announced the pleas entered today before U.S. District Judge Gregory L. Frost.
According to a statement read by an IRS agent during the hearing, Rife came to law enforcement’s attention during an investigation into a major drug trafficking organization. Rife was receiving and distributing between 10 and 20 pounds of marijuana per month from the organization starting in 2008. In 2009, Rife developed another source of marijuana and began receiving up to 500 pounds of marijuana at a time. He occasionally used his business, Fine Line Ink Tatoos and Piercings, to launder the drug proceeds.
Rife distributed more than 400 kilograms but less than 700 kilograms of marijuana between 2008 until April 1, 2010. The plea agreement requires Rife to forfeit $50,000 which is equal to the amount he acquired as a result of his drug trafficking activities.
Conspiracy to possess with intent to distribute more than 100 kilograms of marijuana is punishable by at least five years and up to 40 years’ imprisonment. Money laundering is punishable by up to 20 years in prison. Judge Frost will schedule a date for sentencing.
Stewart commended the cooperative investigation by the task force agents who are conducting the investigation and Assistant U.S. Attorney Kevin W. Kelley, who is prosecuting the case.
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Former Citigroup Vice President Charged with Bank Fraud for Embezzling More Than $19 Million

Gary Foster, a former vice president in Citigroup, Inc.’s treasury finance department has been arrested on bank fraud charges arising from his embezzlement of more than $19 million. Foster was apprehended at John F. Kennedy International Airport Sunday morning when he arrived on a flight from Bangkok.1
The defendant’s initial appearance is scheduled this afternoon before United States Magistrate Judge Ramon E. Reyes, Jr. at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.
The charges and arrest were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and Janice K. Fedarcyk, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
According to the complaint, Foster transferred money from various Citigroup accounts to Citigroup’s cash account and then to his personal account at a different bank. Between July 2010 and December 2010, he allegedly caused approximately $900,000 to be moved from Citigroup’s interest expense account and approximately $14.4 million from Citigroup’s debt adjustment account to the bank’s cash account, and then caused the money to be wired out of Citigroup’s cash account to his personal account at another bank in eight separate wire transfers. The complaint further charges that Foster caused a fraudulent contract or deal number to be placed in the reference line of the wire transfer instructions to create the appearance that the transfers were in support of an existing contract.
“The defendant allegedly used his knowledge of bank operations to commit the ultimate inside job. We are committed to ensuring the integrity of the banking system and to prosecuting those who would undermine it for their personal gain,” stated United States Attorney Lynch. Ms. Lynch expressed her appreciation to Citigroup, which brought this matter to the attention of the FBI and the U.S. Attorney’s Office.
“The egregious behavior of those who would exploit our banking system for personal and criminal gain will not be tolerated. We remain committed to investigating and apprehending those who cheat the system,” said FBI Assistant Director-in-Charge Fedarcyk.
If convicted, the defendant faces a maximum sentence of 30 years’ imprisonment on the bank fraud charges.
The government’s case is being prosecuted by Assistant United States Attorneys Michael L. Yaeger and Karen Hennigan.
The Defendant:
GARY FOSTER
Age: 35
1 The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
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Man Who Shot at FBI Agents Sentenced to 20 Years in Federal Prison

KANSAS CITY, KS—A Kansas City, Kan., man who shot at FBI agents has been sentenced to 20 years in federal prison, U.S. Attorney Barry Grissom said today.Nicholas Henry, 28, Kansas City, Kan., pleaded guilty to one count of attempting to kill an FBI agent and one count of discharging a firearm during a crime of violence.In his plea, Henry admitted that on Nov. 1, 2009, he fired at an FBI Task Force Officer in a parking lot at 151st and Ridgeview Road in Olathe, Kan. Henry was in the parking lot when he was approached by members of the FBI Violent Crime Task Force who were attempting to serve a warrant for his arrest. When agents approached him, he produced a .40 caliber handgun and fired two shots at one of the agents who was no more than 10 feet away. Other agents returned fire. Henry was struck multiple times. He was taken into custody and transported to a hospital.Grissom commended the Federal Bureau of Investigation, Assistant U.S. Attorney Terra Morehead and Assistant U.S. Attorney Tris Hunt for their work on the case.

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