LAWFUEL – Legal News, Law Firm Jobs – R. Alexander Acosta,…

LAWFUEL – Legal News, Law Firm Jobs – R. Alexander Acosta, United States Attorney for the Southern District of Florida, Jonathan, I. Solomon, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Division, Frank J. Kitzerow, Chief, Jupiter Police Department, and Barry E. Krischer, State Attorney, Office of the State Attorney, Fifteenth Judicial Circuit, Anti-Money Laundering Task Force, announce today that on February 6, 2007, defendant Joseph John Vaquera, the third defendant in a $2 million scheme to defraud retail businesses throughout the United States, pled guilty to mail fraud charges. Co-defendants, Steven Michael May and Christopher William Cook pled guilty to mail fraud charges on Friday, February 2, 2007. May, Vaquera, and Cook are each facing a maximum statuary sentence of twenty (20) years’ imprisonment. Defendants May and Cook are scheduled to be sentenced on April 13, 2007 at 1:30 pm, and Vaquera’s sentencing is scheduled for April 18, 2007, at 1:30 pm, before U.S. District Court Judge Kenneth L. Ryskamp, in West Palm Beach.

According to the Indictment, the defendants established business lines of credit with more than thirty (30) businesses based on false and fraudulent financial information, and then used the fraudulently obtained lines of credit to obtain assorted high-end merchandise, which they subsequently sold on eBay.

In approximately 2003, the defendants began incorporating businesses located throughout the United States and leasing virtual office suites for these businesses. Each business had a virtual office in the state in which it was incorporated. The virtual office suites provided the defendants with addresses and telephone numbers so that it would appear as if the businesses were legitimate entities, when, in fact, they were not. Using e-mail and/or facsimiles, the defendants applied for business-to-business lines of credit with numerous retail companies throughout the United States. To date, the Government has identified 34 victim businesses.

When applying for credit, the defendants provided the victim businesses with financial information and trade and bank references. In most instances, the telephone and fax numbers provided for the trade and bank references were numbers controlled by the defendants. In this way, the defendants were able to respond to credit inquiries by the victim businesses.

The financial information provided by the defendants was also false and fraudulent. In most instances, the financial statements were completely fabricated. Indeed, many of the financial statements were virtually identical, with only several numbers on each statement differing. In some instances, the financial statements provided for different companies were identical.

Based on the fraudulent financial information, the victim businesses extended credit to the defendants. The defendants then placed orders for high-end merchandise, including computer monitors, flat-screen televisions, DVD camcorders, electronic equipment and cameras, and directed the victim businesses to ship the merchandise to either virtual office suites, commercial mailboxes, or storage facilities controlled by the defendants. To conceal their involvement in the scheme and to frustrate the victim businesses’ efforts to locate them, the defendants would sometimes have the victim businesses ship merchandise to a commercial mailbox or virtual office located in one state and then have the commercial mailbox or virtual office immediately re-ship the goods to a different commercial mailbox, virtual office or storage facility located in Palm Beach County.

After the merchandise was shipped, the victim businesses would send invoices to the defendants’ companies requesting payment. The defendants never remitted any payments to the victim businesses. Instead, the defendants would ignore the billing notices or send “lulling” e-mails in which they promised to pay; however, no payments were ever made.

Beginning in September 2004, May, Vaquera and Cook began selling the fraudulently obtained merchandise on eBay. The merchandise was typically advertised as “Brand New, Never Opened, Never Used.” During the course of the scheme, the defendants defrauded more than 30 businesses of approximately $2 million.

Mr. Acosta commended the investigative efforts of the Federal Bureau of Investigation, the Jupiter Police Department and the State Attorney’s Anti-Money Laundering Task Force for their investigation of this matter. This case is being prosecuted by Assistant United States Attorney Adrienne Rabinowitz.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

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