A repeat offender

We previously wrote about Jill D’Angelo, who embezzled more than $475,000, HERE.

However, it appears that not everybody looks at our Hall of Shame, because after spending 41 months in prison, Jill has been at it again.  Here is a recent news article showing what Jill has been up to.  She has now joined an exclusive fraternity known as the Half Million Dollar Club.

A former dental office manager from Pleasant Hills on federal probation after spending 41 months in prison for health care fraud has been at it again, this time using a different name, the FBI says.

Jill Bowser, who had previously been known by her married name, Jill D’Angelo, is charged in U.S. District Court again with embezzlement in connection with a dental practice in Turtle Creek where she worked and forging prescriptions for narcotic painkillers so she could sell the pills.

Bowser, who is in her early 50s, came to the FBI’s attention in January when U.S. probation officers said they were concerned she was forging prescriptions for opioids.

Formerly an office manager of a dental practice in Pleasant Hills, she was convicted of embezzling $475,000 from 2003 to 2010 and was sentenced in 2012 to 41 months behind bars. Since her release in 2014, she’s been using the Bowser name.

In a complaint filed under seal on Tuesday, the FBI said Bowser had been working at a dental office called Steel City Dental Associates in Turtle Creek and had been forging painkiller prescriptions purportedly written by a dentist there identified as “R.K.” The FBI said RK is a dentist at the practice but did not authorize any prescriptions for Bowser.

FBI Agent Ryan Melder said in an affidavit that Bowser also forged the names of other dentists to obtain over 100 prescriptions for painkillers in her name or the names of her relatives and filled them at area pharmacies between 2016 and this year.

Security camera footage shows her at the pharmacies picking up the prescriptions, according to the affidavit.

Agent Melder said he also had the owner of the practice record a conversation with Bowser during which she admitted that she had forged prescriptions and sold the pills “because she needed money.”

The agent said his investigation revealed that Bowser was also diverting checks from insurance companies that were supposed to go to the business bank account but instead went to her own account. From 2016 to January 2018, she deposited 129 checks for about $87,000.

Bowser appeared Tuesday before a federal magistrate judge and waived a detention hearing.

No lawyer was listed for her in court records.

Content retrieved from: http://www.post-gazette.com/local/south/2018/05/02/Jill-Bowser-embezzlement-felon-probation-dental-office-Pittsburgh-Pleasant-Hills/stories/201805020164

Maine woman pleads guilty to embezzling more than $500,000 from dentist and physician

A Scarborough woman pleaded guilty Monday to embezzling more than $500,000 from a dentist and a doctor.

Carrie Caporino, 46, entered the guilty pleas in U.S. District Court in Portland to two counts of embezzlement and one count of Social Security number fraud.

According to authorities, from 2014 to 2016, Caporino embezzled about $295,000 from a dental practice by putting personal charges on office credit cards, using money from the practice to pay a personal credit card bill and a PayPal account, and by writing office checks to cover personal bills, including her rent.

The dental practice, which is not named in court documents, has offices in Portland, Biddeford and Yarmouth.

In 2016 and 2017, federal officials said, Caporino embezzled about $253,000 from a Falmouth doctor by depositing checks intended for the doctor into her personal checking account. She also wrote unauthorized office checks to herself, authorities said.

The Falmouth physician is not identified by name in court documents and is only referred to as the “victim” by the FBI agent who investigated the case.

According to the charges, Caporino also used a Social Security number that was not assigned to her to apply for health insurance when she worked for the dentist.

She faces up to 10 years in prison on the embezzlement counts and up to five years on the Social Security count, along with fines of up to $250,000 on each count.

Content retrieved from: https://www.centralmaine.com/2018/04/30/scarborough-office-worker-pleads-to-embezzlement/

Bookkeeper who bilked Arkansas doctors of $600,000 gets 45 months in prison

A federal judge on Friday ordered Lynn Alisa Espejo of Sherwood to serve just under four years in prison on 25 counts related to her embezzlement of more than $600,000 from a group of doctors whose business expenses she administered from 2007 through 2010.

The 53-year-old former bookkeeper fought the charges every step of the way, which had the effect of keeping her under indictment for about six years. Her latest attorneys, David Cannon and Lee Short, cited her extensive time under threat of conviction as one of several reasons she should get a lenient sentence and suggested that she receive no prison time at all.

But U.S. District Judge Kristine Baker said, “This is not a probationary case.”

Baker also told Espejo that it was her own decision to fight the charges tooth and nail, stretching her case out over several years, and that she cannot count that time as punishment.

Espejo was originally indicted on 59 charges in 2011, but prosecutors later withdrew that indictment and refiled the allegations under a different theory in 2014. During the investigation, she filed claims against an assistant U.S. attorney and the main IRS agent investigating her. Prosecutors on Friday sought a sentencing enhancement for obstruction of justice related to those claims, which they called “false and fraudulent,” but Baker denied the request.

Also during her prosecution, Espejo accused one of the doctors who contributed to the business account she managed of sexually assaulting her, but he wasn’t charged, and Baker refused to let Espejo’s trial attorney, Patrick Benca, bring it up in front of jurors.

While siding with Espejo’s attorneys on several points — including denying several requests from prosecutors to increase her penalty range — Baker also rejected Espejo’s attempts to escape a 14-point sentencing enhancement for the amount of money stolen and amount of taxes she never paid on the stolen income.

Baker said she will issue a separate restitution order within 90 days after determining the amount of money Espejo must reimburse the physicians and the Internal Revenue Service. But in tentative findings, the judge agreed with the government that Espejo owes $207,941 in income taxes as result of not reporting the fraudulent income she received.

Espejo’s attorneys had argued that she owed $79,928.76 in unpaid income taxes, based on a lower amount — $285,459.86 — that they said she was actually convicted of defrauding Practice Management Services Inc. and Blandford Medical Services Inc. out of at trial.

But Baker said she included losses that occurred outside the indictment’s time frame, determining the total amount of money fraudulently transferred from the two physician accounts to Espejo’s personal accounts over the course of her employment to be $611,099.41.

The doctors established both corporations to administer their shared business expenses. Espejo contended at trial that at least one of the doctors she worked for had authorized her to “reimburse” herself from the business accounts for purchases she made at his request using her own money. However, that doctor, Bruce Sanderson, and three others testified that Espejo wasn’t authorized to take the money.

The jury found that Espejo misrepresented the transactions in the accounting software Quickbooks and concealed the wire transfers from the doctors and their accountant. They also found that she used stolen money for personal expenses such as making payments toward a vehicle, a swimming pool and construction on a new house.

In addition to the money stolen through a wire-transfer scheme, Espejo was convicted of obtaining a debit card for one of the shared-expenses accounts and using it for personal purchases such as snow crab, bacon, popcorn balls, video gaming devices, school supplies and a trampoline.

In explaining her decision to sentence Espejo to 45 months — in the middle of a 41- to 51-month penalty range recommended by the guidelines after Baker reduced the guideline range by two levels — the judge cited work that Espejo had performed in the community, as well as details of her “personal upbringing” that were recited in a nonpublic pre-sentence report.

The judge noted that she had read an “overwhelming stack of letters regarding Ms. Espejo’s good work” in the community, from which it appeared that Espejo’s efforts to help disadvantaged or marginalized people weren’t undertaken after she was indicted, in an effort to mitigate her sentence. Baker said the letters indicated that Espejo’s benevolent acts “predate her conduct in this case.”

However, Baker said, she has also “observed conduct that belies the character that others are describing” in the letters.

The judge cited incidents in which Espejo followed a witness against her out of the courtroom without permission of the court and in which she bad-mouthed an earlier set of attorneys in open court. Baker noted that Cannon and Short are Espejo’s third set of attorneys.

“Presented solely with the conduct I’ve observed in the courtroom, the letters leave me puzzled,” Baker said.

After a seven-day trial, the jury convicted Espejo on four counts of filing false tax returns, 15 counts of wire fraud and six counts of money laundering. In addition to the prison term, Baker ordered Espejo to serve three years of supervised release, during which she must enroll in a mental-health program at her own expense.

“Today’s sentence reflects the seriousness of Ms. Espejo’s crimes,” U.S. Attorney Cody Hiland said later in a news release. “She stole hundreds of thousands of dollars from people who trusted her, and then repeatedly lied about it. These financial and tax-related crimes hurt not just the actual victims Ms. Espejo stole from, but also all citizens who are honest and pay their taxes as they should.”

The case was investigated by the IRS and prosecuted by Assistant U.S. Attorneys Stephanie Mazzanti and Jamie Dempsey.

Content retrieved from: http://www.arkansasonline.com/news/2017/nov/04/bookkeeper-gets-45-month-term-in-embezz/

Australian woman jailed for seven years after siphoning almost $1 million from boss

Tina Maree Bartlem

Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

A GOLD Coast mother who previously lived with her in-laws has been jailed for seven years for siphoning almost $800,000 from her boss.

She said she did it to win over her father’s “love”.

Tina Maree Bartlem, 35, transferred money from Robina Town Dental into her own account at least 250 times over three years while working as practice manager.

On Friday, she was sentenced in the Southport District Court to seven years jail after pleading guilty to several counts of fraud totalling $724,966.53 in 2008-2011. Bartlem’s fraud was not discovered until 2014. She will be released on parole in September 2019.

A psychological report revealed Bartlem began stealing the money to help out her late father, Grahame Colwell, who allegedly lost everything through a Nigerian scam. Bartlem also used business credit cards to buy three nights accommodation at a Peppers hotel and personalised licence plates, court documents show.

The mother of one told a psychiatrist she went on holidays to New Zealand and Hawaii with her family but was “at a loss to understand where all the money went”.

She told a psychiatrist she could not specifically remember transferring the money to her father “other than giving her father money to ‘love me’”.

She also conceded “maybe” she gambled the money.

The Ashmore woman described her relationship with her father as “dysfunctional”.

“I love him dearly but as a child, and adult, I never experienced unconditional love from him,” she wrote. “I am horrified by my actions in terms of the charges against me. To this day I have no memory of taking the amount of funds.”

Documents showed Bartlem’s ex-husband of more than a decade did not know his wife was stealing. “He indicated … they were ‘never rolling in cash’.”

Mr Bartlem was surprised to learn she worked only part-time “as she went to work everyday and he was a stay-at-home dad to their daughter”.

A psychiatric report revealed Bartlem claimed she heard voices of two other woman. She attended a Gold Coast Baptist church, also studied counselling and said she wanted her life to “mean something”.

Former Robina Town Dental owner Alistair Henry said the practice was sold in 2011 because they believed it was struggling financially.

“We haven’t received a cent and want to warn other small business owners that someone who comes across as quite trustworthy can totally abuse your trust,” said Mr Henry.

Defence lawyer Mark Donnelly, of Kroesen and Co Lawyers, said his client was “very remorseful and had taken a lot of steps to turn her life around”.

Content retrieved from: http://www.goldcoastbulletin.com.au/news/crime-court/gold-coast-mum-jailed-for-seven-years-after-siphoning-almost-1-million-from-boss/news-story/14e6bdbd506966e75c07bdee21266c75

Office Manager of Denver Medical Practice Steals More Than $500k

Editor’s note — as you may know, we normally confine ourselves to investigating dental office embezzlement.  However, we do provide reporting on significant embezzlements in medical offices because the methodologies employed have considerable commonality.

Jeffrie Scott Drury, 41 admitted to stealing more than $350k from the Vascular Institute of the Rockies in Denver, CO

One of the partners suggested an internal audit after they thought their practice was failing.  The forensic audit revealed that the total amount stolen was in excess of $500k over 2 years.

Mr. Drury allegedly wrote 33 checks in amounts ranging from $600 for Rockies tickets to $8,300 for a specific Bank of America account and misusing the company credit card

A Major Australian Embezzlement

Former practice manager Tina Bartlam, worked at practice for 12 years and stole over $750k from practice.  She was sentenced to two years in prison.

Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from: https://www.facebook.com/7NewsGoldCoast/videos/1278953658869986/


Ex-worker at Pittsburgh medical practice admits embezzling $800K-plus

Editor’s note — as you may know, we normally confine ourselves to investigating dental office embezzlement.  However, we do provide reporting on significant embezzlements in medical offices because the methodologies employed have considerable commonality.

A former office manager of Pittsburgh Ear Nose and Throat Associates admitted Friday that she embezzled more than $800,000 from the medical practice over five years.

Regina Lewis, 47, pleaded guilty before U.S. District Judge Cathy Bissoon to a count of embezzlement in connection with health care.

Judge Bissoon will sentence her in August.

Ms. Lewis and her lawyer, Ryan Tutera, declined to comment as they left the courtroom.

Assistant U.S. Attorney Greg Melucci said Ms. Lewis, who lives in the borough of Liberty outside McKeesport, managed the practice’s six locations from its Liberty Avenue office in Bloomfield and was responsible for paying bills, depositing checks and other financial oversight.

He said that from 2011 to 2016, she deposited company checks into her own PNC Bank account and made purchases for herself using the business’ credit card. She also wrote checks to herself drawn from the company’s pension fund.

Mr. Melucci said she used the money to make personal purchases from StubHub, Ticketmaster, Giant Eagle, Kohl’s and other businesses. Unlike many large-scale embezzlers, she apparently did not use the money for any big-ticket purchases such as cars or real estate.

Asked by the judge whether she agreed with the prosecutor’s recitation of her crimes, Ms. Lewis said yes.

The estimated loss is $818,000, for which Ms. Lewis will likely be ordered to pay restitution from any future earnings.

The medical practice discovered the missing money last year and contacted the FBI, which handled the case.

Ms. Lewis was charged by complaint on March 14 and indicated three days later that she would plead.

She remains free on a $10,000 bond pending sentencing.

No one from the medical practice returned messages Friday. Allegheny Health Network, which acquired the business in 2014, had no comment.

Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from: http://www.post-gazette.com/local/city/2017/05/12/Pittsburgh-Ear-Nose-Throat-embezzle-Regina-Lewis/stories/201705120200

Former NC medical office administrator embezzles $900k; going to prison

Editor’s note — as you may know, we normally confine ourselves to investigating dental office embezzlement.  However, we do provide reporting on significant embezzlements in medical offices because the methodologies employed have considerable commonality.

Mallard embezzled almost $900,000 from women’s center


This story should have said she owed $697,714. Mallard paid $195,444 in restitution of the $893,157.41 she embezzled. The insurance company for Eastern Carolina Women’s Center paid about $100,000.

Original story

Betty Small Hurley Mallard, a 62-year-old accused of embezzling nearly $900,000 from a medical practice, pleaded guilty Monday in Craven County Superior Court and was sentenced to five to seven years in prison.

Mallard, a former administrator at Eastern Carolina Women’s Center, was facing six Class C felony embezzlement charges and up to 60 years in prison.

Judge John Nobles consolidated the charges and gave her the lesser sentence.

Nobles said the case was difficult in many ways and wasn’t like normal criminal court cases. Someone age 62 would be devastated going to prison, he said.

“I guess I could give her 30 years,” he said, “but I wonder how many in here think she would live 30 years.”

Nobles said after listening to the attorneys and doctors from Eastern Carolina Women’s Center, the crime was serious and Mallard needed to go to prison.

“I recognize we’re dealing with somebody with serious mental problems,” he said. “I recognize she has made some restitution, and I recognize the damage she has done to the practice.”

Before passing sentence, Nobles said, “I do hope you’re able to survive it.”

District Attorney Scott Thomas said while he would have liked to see more active prison time for Mallard, he understood the judge’s reasoning.

“The defendant came to court, pleaded guilty, and paid partial restitution,” Thomas said. “We asked for a higher level of an active sentence and the judge decided not to give the highest sentence. But 60 to 84 months in prison for a 62-year-old is still a significant amount of time in prison, especially for somebody with no criminal record, no prior charges or convictions.”

Michael Mills, Mallard’s attorney, said the embezzlement started in September 2005 and continued to November 2015. The aftermath cost Mallard her home, a lot she owned, a beach home, and her retirement savings, he said.

Mills said he saw the embezzlement as one crime instead of the six with which she was charged. But Tonya Montanye, a prosecutor working with Thomas, said when Mallard was working at Eastern Carolina Women’s Center, she was writing checks to herself and giving herself raises to which she was not entitled. When she left the center, she had a $150,000 annual salary.

Co-workers grew suspicious when they saw pictures of an extravagant cruise ship suite she stayed in and began wondering how she could afford it, Montanye said.

 Mallard’s large spending habit included taking $22,000 from the center to pay off one month of her personal credit card bills. In six years, from 2011 to 2015, she took $686,451 from the center to pay on her personal credit card that had monthly charges from $500 to $1,000. She made $35,230.13 in unauthorized purchases from the company credit card, Montanye said.

“She had a very extravagant lifestyle,” she said.

That lifestyle included spending $2,775 at Peacock Plume, making seven purchases one day buying shoes that cost up to $398, Montanye said.

Bill Faison, who was also representing Mallard, said she had a college education and liked working at the center and everyone there liked her.

“But plain and simple, Betty is mentally ill,” Faison said. “It is unfortunate. … it acted out on her job. She spent the money on such silly things: handbags … just nothing. Just threw her life away for nothing.”

But Mallard was not a threat to anyone, Faison said.

The person signing the checks shouldn’t be keeping the books, but that wasn’t the case, he said.

“Because of her mental illness, she has done a terrible thing,” Faison said. “She is now broke, destitute, has given it all up and now faces whatever your honor thinks should be done.”

Dr. Rob Patterson of Eastern Carolina Women’s Center said Mallard’s actions harmed the practice. Two doctors had to resign because they could not afford to pay themselves while trying to compensate for the embezzlement.

Fifty employees were also affected and morale was harmed, which possibly harmed patient care, Patterson said.

Mallard, wearing a blue dress, stood before the judge.

“I would like to express my deepest regret and remorse to Eastern Carolina Women’s Center,” Mallard said in a quiet voice. “I take full responsibility for my actions. … I have great respect for the practice, physicians and employees and felt a great sense of loyalty toward the group.”

Mallard said she realized she had mental health issues that cause her irrational behavior.

“I’m deeply saddened to have disappointed those who placed their faith and confidence in me,” she said.

As part of her sentencing, Nobles ordered Mallard to get a mental health assessment at the Department of Corrections and to reimburse Eastern Carolina Women’s Center the remaining balance of more than $600,000 owed in restitution.

Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com


Content retrieved from: http://www.newbernsj.com/news/20170320/former-medical-office-administrator-going-to-prison

Stamford CT Dental Office Manager Pleads Guilty to $500k+ Fraud

The woman falsely billed insurance companies for work under a retired dentist’s name.

STAMFORD, CT — A former dentist officer manager pleaded guilty to defrauding private insurance companies after she used a retired dentist’s information to submit false claims.

Elene Ilizarov, 44, of Stamford pleaded guilty to wire fraud. She worked at Advanced Dentistry and between 2005 and 2016 she billed private dental insurance companies for services allegedly performed by an identity theft victim for patients of Advanced Dentistry, according to the U.S. Attorney District of Connecticut office.

The victim dentist was affiliated with Advanced Dentistry for a short time and retired fully in 2011.

Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com


Content retrieved from: http://patch.com/connecticut/stamford/stamford-dental-office-manager-pleads-guilty-500k-fraud

$500,000 credit card fraud fueled by information theft by dental office employee

NEW YORK (CNNMoney) — Grisha Stpanov opened a credit card, charged up $20,000, but never paid it back.

That’s because Stpanov doesn’t exist.

Stpanov, or at least his credit profile, was the creation of Arman and Wachagan Hovhannisyan, two brothers from California who were accused of scamming 21 banks and the three major credit reporting bureaus by inventing hundreds — possibly thousands — of fake identities, and charging $500,000 on fraudulent credit cards.

While it may sound like the plot of a Hollywood heist movie, anyone who understands how credit works can easily game the system.

Even after the worst financial crisis since the Great Depression, banks are still doling out credit cards to any borrowers who look good on paper — even when that’s the only place they exist.

And the Hovhannisyan brothers are proof positive that most banks are still very susceptible to fraud.

How they did it

It all started when the Hovhannisyan brothers joined forces with a man named Jamal Hyde, who worked in a dentist’s office extending loans to patients and then reporting payments to Experian, one of the three major credit bureaus.

According to the government complaint filed in California federal court, which summarized the investigation, the brothers, along with Hyde, made up hundreds of fake social security numbers to establish false identities. The men then began reporting loan information and on-time payments for fictitious dental services to Experian.

Once the fake credit profiles had high credit scores, the men opened credit cards and took out loans, fooling issuers like Bank of America, Capital One , Wells Fargo , US Bank , Chase  and Discover. In all, the government estimated that the men duped at least 21 financial institutions.

At first, they paid off the balances on time to improve the fake scores. Eventually, they ended up with hundreds of cards with a combined $500,000 credit limit, which they used to pay their own bills and purchase two luxury automobiles, federal documents show.

The Hovhannisyans were eventually caught by the FBI. After pleading guilty to lesser charges, they were both sentenced to more than 20 months in prison for bank fraud and must each pay restitution of $486,143. They entered prison in March.

Hyde is scheduled to appear at his sentencing in May.

How they got caught

About a year into the scheme, Experian flagged the fake accounts, saying the loan amounts seemed unusually high for dental services and that the geographic distribution of the patients was also unusual.

A spokesman for Experian said the company did carefully vet the dental practice involved in the case, and worked with law enforcement as soon as Experian became aware of the scam.

“In [this case], the dentist’s office involved was a legitimate business, which hired a rogue employee who reported the account data in question,” he said.

The three men likely picked the social security numbers at random and simply made up names, addresses and dates of birth, according to the case documents.

(Even if a social security number is already in use, if the name and other information doesn’t correspond when a credit bureau receives it, a new profile can be created.)

When government agents received a search warrant to check the homes of the three men, they found hundreds of documents with account numbers, drivers licenses, social security numbers and other personal information relating to the many identities they created.

The fact that the scheme went on for a year means that it probably could have continued a lot longer if the men had been a little more careful, said John Ulzheimer, personal finance expert at SmartCredit.com.

“They got greedy,” he said. “They were smart, but not smart enough — if they used modest credit lines and were more geographically sensitive, they could have kept it going.”

Why it could happen again

While this is considered a “victimless crime” since most of the “individuals” defrauded didn’t exist, (though the government believes several of the identities did belong to real people), the banks ultimately recoup fraud losses from their customers, said Ulzheimer.

“The takeaway from this case is that the system isn’t fool proof,” said Ulzheimer. “It can be manipulated. So it’s crucial that the credit bureaus do a good job making sure that folks who have credit profiles and access to reporting information are legitimate.”

But the job of the credit bureaus is to report the information given, not necessarily to take additional measures to determine its accuracy, said Jay Foley, founder of the Identity Theft Resource Center.

“The credit reporting agency may or may not realize there’s fraud, but they usually won’t do anything about it. Why would they? That’s not their job,” said Foley.

The banks disagree.

“Banks rely on the credit reporting, so they need to count on it being reliable,” said John Hall, spokesman for the American Bankers Association. “The weakest link in this case seems to be the credit reporting folks, because the product we get from them is only as good as it is accurate.”

While Experian said it typically alerts lenders to potential fraud, a spokeswoman from Wells Fargo said the bank doesn’t receive proactive alerts from credit bureaus. Instead, fraud risks are flagged through internal tools, network providers like Visa and MasterCard, merchants and customers.

A spokeswoman for Discover said the company advises merchants to use security processes to prevent fraud.

Capital One and US Bank could not be reached for comment, and the other major banks named in the complaint declined to comment.

“Our country still has no method of defining exactly who the customer is, how honorable the business reporting information is, or how accurate the information on the report is,” Foley said.

Creating better fraud prevention systems would be expensive, and consumers would likely end up paying, he added.

Experian said cases like this are rare. But if a more secure system isn’t developed, similar schemes could easily happen, Ulzheimer warned.

“These guys are almost trailblazers, they’ve proven the concept works, so now it’s just a matter of someone coming along and creating 25 more human beings and improving the process,” he said. To top of page

Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from: http://money.cnn.com/2011/05/03/pf/credit_card_fraud_identity_theft/


Jamal Hyde release conditions:


Social Security No. 2 6 0 0 (Last 4 digits)


In the presence of the attorney for the government, the defendant appeared in person on this date. May 25 2011

Nina Marino (Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea.


There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

Possession of at least 15 Counterfeit and Unauthorized Access Devices in violation of 18 U.S.C. §1029(a)(3) as charged in Count Seven of the Eight-Count First Superseding Indictment.

The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

Five (5) years on Probation under the following terms and conditions:

The first twelve (12) months of probation shall be spent in a Residential Re-entry Center;

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;

The defendant shall refrain from any unlawful use of a controlled substance;

During the period of probation, the defendant shall pay the special assessment and restitution in accordance with this judgment’s orders pertaining to such payment;

The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

The defendant shall not obtain or possess any driver’s license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant’s true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $120,000 pursuant to 18 U.S.C. §3663A to victims as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court’s determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk’s office by the probation officer, shall remain confidential to protect the privacy interests of the victims.

Restitution shall be due during the period of probation, at the rate of $100 per month or 10% of defendants’s gross monthly income, whichever is greater, and shall begin within 30 days from the pronouncement of judgment.

If the defendant makes a partial payment, each payee shall receive approximately The defendant shall be held jointly and severally liable with co-defendants Wachagan Hovhannisyan and Arman Hovhannisyan for the amount of restitution ordered in this judgment. The victims’ recovery is limited to the amount of their loss and the defendant’s liability for restitution ceases if and when the victims receive full restitution.

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to nd delinquency pursuant to 18 U.S.C. § 3612(g).

The defendant shall comply with General Order No. 01-05.

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.

It is recommended that the Bureau of Prisons conduct a mental health evaluation and provide all necessary treatment.

On Government’s motion, all remaining counts are ORDERED dismissed as to this To the extent defendant retained any rights to appeal, defendant is advised to file a notice of appeal within fourteen days.

Bond exonerated upon checking into the Residential Re-entry Center.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

U. S. District Judge

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified

Clerk, U.S. District Court May 25, 2011 By Kendra Bradshaw Filed Date Deputy Clerk

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).


While the defendant is on probation or supervised release pursuant to this judgment:

The defendant shall not commit another Federal, state or

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician; the defendant shall not frequent places where controlled are illegally sold, used, distributed or

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant’s criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant’s compliance with such notification requirement;

15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;

16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.

The defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).


The defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or restitution is paid in full before the fifteenth (15th) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution , however, are not applicable for offenses completed prior to April 24, 1996.

If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay the balance as directed by the United States Attorney’s Office. 18 U.S.C. §3613.

The defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or residence until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

The defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change in the defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and for probation 18 U.S.C. §3563(a)(7).

Payments shall be applied in the following order:

1. Special assessments pursuant to 18 U.S.C. §3013;

2. Restitution, in this sequence: Private victims (individual and corporate), Providers of compensation to private victims, The United States as victim;

3. Fine;

4. Community restitution, pursuant to 18 U.S.C. §3663(c); and

5. Other penalties and costs.