SAN JOSE – LAWFUEL – The Law News Network – United States Attorney Kevin V. Ryan announced that a federal grand jury in San Jose, California, indicted Guohua Wang yesterday afternoon with mail fraud. Mr. Wang, of State College, Pennsylvania, allegedly engaged in a scheme to defraud Apple Computer, Inc. (“Apple”) by taking advantage of special discount program that Apple offered. These charges are the result of an investigation by the Federal Bureau of Investigation. The investigation began with a tip from Apple.
According to the indictment, Apple had a special sales program whereby the owners of certain Apple computers could purchase Apple software at a discount on Apple’s website by entering the serial numbers of their Apple computers. Mr. Wang entered the serial numbers of Apple computers that he did not own onto electronic order forms on Apple’s web site and purchased Apple software at a reduced price. Mr. Wang allegedly purchased over 900 units of Apple software at the discounted price. After Apple shipped the software to him, Mr. Wang sold the software that he had purchased at a discounted rate for a profit.
A summons was issued for the defendant. The defendant’s initial appearance is at 9:30 a.m. on March 16, 2006, before Judge Howard R. Lloyd.
The maximum statutory penalty for each count of charge in violation of 18 U.S.C.
§ 1341 is 20 years and a fine of $250,000, in addition to restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
An indictment contains only allegations against an individual and, as with all defendants, Mr. Wang must be presumed innocent unless and until proven guilty.
Hanley Chew is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Mimi Lam.
A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.
Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.plhttps://ecf.cand.uscourts.gov/.
Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.
All press inquiries to the U.S. Attorney’s Office should be directed to Luke Macaulay at (415) 436-6757 or by email at [email protected]