Sunday, March 10, 2024

California Man Sentenced to 145 Months in Prison for Multi-Million Dollar Fraud and Money Laundering Schemes

 

In federal court in Brooklyn, Joseph Modile, a Nigerian national, was sentenced by United States District Judge Diane Gujarati to 145 months in prison for his participation in two separate schemes to defraud victim homeowners and a corporation and launder the proceeds of those frauds. In February 2023, Modile pleaded guilty to charges of conspiracy to commit bank fraud, wire fraud and aggravated identity theft that were filed in the Eastern District of New York, and to charges of money laundering and wire fraud that were filed in the Southern District of Texas and subsequently transferred to the Eastern District of New York. As part of the sentence, Modile was also ordered to pay more than $1.5 million in restitution and more than $1.5 million in forfeiture. Modile pleaded guilty to both charging documents in February 2023.

Breon Peace, United States Attorney for the Eastern District of New York, and Alamdar S. Hamdani, United States Attorney for the Southern District of Texas, Erin Keegan, Acting Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), and Douglas Williams, Special Agent-in-Charge, Federal Bureau of Investigation, Houston Field Office (FBI), announced the sentence.

“Modile checked all the boxes for a sophisticated fraud–stealing, deception, money laundering and identity theft. Today’s sentence checks the box for an appropriate penalty for his crimes of greed from Brooklyn to Texas,” stated United States Attorney Peace. “I commend the prosecutors from my Office, the United States Attorney’s Office for the Southern District of Texas and the Special Agents for their outstanding work unraveling Modile’s scheme.”

Mr. Peace also expressed his thanks to the New York City Police Department which conducted this investigation as part of an enterprise Priority Transnational Organized Crime (PTOC) of the Organized Crime Drug Enforcement Task Forces (OCDETF), the FBI’s Boston Field Office, U.S. Postal Inspection Service, Department of State, Diplomatic Security Service, New York County District Attorney’s Office, the Houston Police Department, and the Harris County District Attorney’s Office for their substantial assistance.

“While Modile took part in a complicated scheme, involving a cadre of runners and a series of fake documents and bank accounts, his goal was simple - steal from unsuspecting victims,” stated United States Attorney Hamdani for the Southern District of Texas. “Although his crimes stretched to all parts, from Brooklyn to Houston, thanks to the work of two U.S. Attorney’s Offices, Modile will spend several years in one place, a prison cell, no longer able to help fellow criminals prey on the innocent.”

“This sentencing is a positive step toward justice for Joseph Modile’s victims – homeowners, business owners, and the everyday email users alike who were defrauded of over $15 million as a result of his sophisticated schemes. The defendant spearheaded at least three fraud schemes across the country and over the course of several years. His tactics, while sophisticated, were no match for HSI New York’s El Dorado Task Force Cyber investigators,” stated HSI New York Acting Special Agent-in-Charge Keegan. “I commend HSI New York, the New York City Police Department, the U.S. Attorney’s Offices for the Eastern District of New York and the Southern District of Texas, as well as FBI Houston, for a job well done.”

“FBI Houston, along with our domestic and international law enforcement partners, led an OCDETF investigation on numerous prolific organized crime figures. Modile, for years, was an orchestrator of multi-million-dollar fraud schemes who stole from countless victims around the world,” stated FBI Special Agent-in-Charge Williams. “Dismantling largescale criminal enterprises is what the FBI does and Modile’s sentence should send a message to greedy criminals like him still out there, it’s just a matter of time before we get you too.”

In a scheme that was charged in the Eastern District of New York, from January 2014 and September 2018, Modile and others defrauded victims, businesses, and financial institutions in the United States through a sophisticated home equity line of credit (HELOC) scheme involving a series of bank account takeovers. During this time, Modile and others also laundered proceeds from the bank account takeovers. In furtherance of the HELOC fraud scheme, Modile and others acquired personal identifying information (PII) of the actual holders of the targeted bank accounts at the financial institutions. The co-conspirators then used the PII to impersonate the actual holders of the targeted bank accounts, thereby gaining control of the accounts. In some cases, members of the conspiracy recruited “runners,” who impersonated the actual account holders inside bank branches using forged and fraudulent identification documents created at the direction of Modile. In most instances, the stolen funds were first deposited into fraudulent bank accounts set up and controlled by co-conspirators in the names of the actual victims from whom the money had been stolen. In other cases, the bank accounts into which the stolen funds were first deposited were in the names of sham corporations, which were opened using false and fraudulent identification. In total, Modile and others stole at least $5 million as part of the HELOC fraud scheme.

In a related scheme charged in the Eastern District of New York, in May 2018, Modile and others engaged in a separate Business Email Compromise scheme, using fraudulent emails and telephone calls to steal approximately $10.2 million from a victim company. The coconspirators used a fraudulent email address to impersonate a  contractor of an entity located in St. Paul, Minnesota, and directed representatives of that entity to deposit the funds in an account controlled by members of the conspiracy. Modile and others then laundered those stolen funds through bank accounts controlled by members of the conspiracy.

Finally, as set forth in the information filed in the Southern District of Texas, from November 2017 until May 2018, Modile knowingly devised a scheme to defraud victims. Modile used his cellular phone to communicate with others about financial transactions for the purpose of executing his scheme. Modile directed an individual already convicted in Houston, Texas to withdraw cash from their bank account and provide it to others. Modile also directed the individual in Houston to lie to their financial institution regarding the reason for withdrawing money from their account. In February 2018, Modile orchestrated and directed a substantial amount of money into an account of the individual in Houston. The money derived from wire fraud and Modile was aware the money came from unlawful activity.

This effort is part of an OCDETF operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF 

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