Wednesday, April 19, 2023

Construction Company President Pleads Guilty To 25-Year Fraud On The U.S. Government And To Bribery Of A Public Official

 

Sina Moayedi, the Owner of Montage, Inc., Fraudulently Induced U.S. Government Agencies to Pay his Company Millions of Dollars and Also Paid Bribes to a Government Insider

 Damian Williams, the United States Attorney for the Southern District of New York, announced that SINA MOAYEDI, the owner of a construction company, Montage, Inc., pled guilty today to a 25-year fraud on the United States Government.  MOAYEDI pled guilty to three counts: conspiracy to commit wire and bank fraud, conspiracy to commit bribery of a public official, and aggravated identity theft.  Under the terms of his plea agreement, MOAYEDI also admitted to obstructing justice by, among other things, deleting electronic evidence of his fraud shortly after his release on bail in this case, which resulted in his pretrial detention.  MOAYEDI pled guilty before United States District Judge Jed S. Rakoff, to whom MOAYEDI’s case is assigned.

U.S. Attorney Damian Williams said: “From 1995 until 2021, Sina Moayedi defrauded the U.S. Government and various of its agencies by lying in various respects.  Moayedi lied that his construction company was woman-owned; he lied about his employees’ qualifications; he lied about his company’s construction experience; and he lied about his company’s financial condition.  He also repeatedly paid bribes to a State Department employee to illegally obtain inside information to help Moayedi’s company win government contracts.  His frauds netted his company at least 27 lucrative government construction contracts, including contracts to build sensitive U.S. embassies and consulates.  And following his arrest in this case, Moayedi obstructed justice by destroying electronic evidence of his frauds less than one month after his release on bail.  Moayedi now faces the consequences of his quarter-century fraud on the federal government, which harmed the government, taxpayers, and his competitors.”

According to the filings and statements made in Manhattan federal court:

In the 1980s, MOAYEDI founded Montage, Inc. (“Montage”), a U.S.-based business that is primarily involved in worldwide Government construction projects, including embassies, military posts, consulates, and similar overseas properties owned and operated by the United States Government.  In total, the U.S. Government has paid Montage more than $200 million on government contracts.  Since 2014, Montage appears to have focused primarily on competing for and obtaining contracts with the State Department.  During that period, the State Department awarded Montage approximately six overseas U.S. Embassy/Consulate construction project contracts totaling $100 million.

MOAYEDI defrauded the U.S. Government — including the State Department, Treasury Department, Department of Defense, and General Services Administration — by lying in various respects.  In submissions to the Government (i.e., bids for contracting work), MOAYEDI mispresented his company’s ownership, his employees’ qualifications, his company’s construction experience, and his company’s financial condition. 

As to ownership, MOAYEDI falsely represented, repeatedly, that Montage was a female-owned business (or a female- and minority-owned business) in order to secure unmerited advantages in the bidding process.  In fact, MOAYEDI founded, owned, ran, and controlled Montage, and he made all material decisions on Montage’s behalf.  As MOAYEDI revealed to a bank that inquired about Montage’s ownership status in 2016, “I am the sole owner and president of Montage and have always been.” 

As to employees’ qualifications, MOAYEDI significantly overstated the qualifications of various Montage employees in order to, among other things, meet State Department and contractual requirements for minimum experience in certain key positions.  For instance, MOAYEDI claimed, falsely, that certain Montage employees possessed engineering degrees, and he claimed, falsely, that certain individuals worked for Montage when, in fact, they did not.

As to Montage’s construction experience, MOAYEDI submitted bids to the Government in which he repeatedly falsified Montage’s purported construction experience in order to burnish its alleged credentials.  To ensure that the U.S. Government did not uncover these lies, MOAYEDI “backstopped” these fabricated prior projects by creating fraudulent email accounts and personas, so that someone else appeared to be “vouching” that Montage had performed this prior work.  This required creating online web domains (the “Fabricated Domains”), so that Montage’s purported references appeared legitimate.  These Fabricated Domains were extremely similar to, but one character or word different from, the legitimate web domain associated with the actual entity.  MOAYEDI purchased the necessary online infrastructure to create these Fabricated Domains.

As to financial condition, MOAYEDI paid a Certified Public Accountant to prepare at least four different sets of books and records, each of which was provided to a different recipient (e.g., one fraudulent set for the U.S. Government, another fraudulent set for the bank, another fraudulent set for a company that sold construction bonds, etc.).

In furtherance of his fraud on the U.S. Government, MOAYEDI also used the identities of at least 10 individuals, including some of his relatives.

In addition, between 2014 and 2020, MOAYEDI repeatedly paid cash bribes and kickbacks to an engineer in the State Department’s Overseas Building Operations division, May Salehi, in exchange for confidential inside information relating to several State Department construction projects, including projects in Ecuador, Spain, and Bermuda.  For instance, in late 2016 and early 2017, MOAYEDI paid approximately $60,000 in cash to Salehi after Salehi provided confidential inside bidding information to MOAYEDI about the relationship between Montage’s original bid and his competitors’ bids — information that allowed Montage to raise its bid by nearly $1 million yet remain the lowest bidder on a construction project that was ultimately awarded to Montage.

MOAYEDI also defrauded his primary bank (“Bank-1”) through various misrepresentations.  MOAYEDI and Montage had a multi-million-dollar line of credit at Bank-1, which they maintained through misrepresentations about Montage’s ownership and the value, progress, status, and existence of construction projects that Montage was performing for the United States Government.  For instance, in or about both 2014 and 2019, MOAYEDI made material misrepresentations to Bank-1 in support of an annual extension of Montage’s line of credit, including misrepresentations about purportedly lucrative “classified” government construction projects which, in fact, did not exist.

MOAYEDI also obstructed justice in multiple respects.  These include: (i) in September 2021, shortly after his release on bail in this case, MOAYEDI destroyed electronic evidence of his fraud on the U.S. Government by deleting at least seven Fabricated Domains, which (as noted) he had used to help inflate Montage’s purported construction experience in bids for U.S. Government construction projects; (ii) shortly after the execution of search warrants at Montage’s offices in September 2020, MOAYEDI attempted to witness tamper by, among other things, pressuring a co-conspirator to lie in order to impede the Government’s ongoing criminal investigation; and (iii) during a civil lawsuit between the State Department and Montage, MOAYEDI lied during a sworn deposition in 2019 by claiming to be the Vice President of Montage and by falsely claiming that a Hispanic woman had been the President of Montage “ever since” 2002.

MOAYEDI, 67, of Chevy Chase, Maryland, pled guilty to three counts: one count of conspiracy to commit wire and bank fraud, which carries a maximum sentence of five years in prison; one count of conspiracy to commit bribery of a public official, which carries a maximum sentence of five years in prison; and one count of aggravated identity theft, which carries a mandatory prison term of two years, which must run consecutively to any other prison term.  

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as MOAYEDI’s sentence will be determined by Judge Rakoff. 

MOAYEDI is scheduled to be sentenced by Judge Rakoff on August 10, 2023, at 4:00 p.m.  Under the terms of his plea agreement, MOAYEDI also agreed to pay restitution of $6,588,679.63 and forfeiture of $17,795,098.50.

May Salehi was previously sentenced to one year in prison, three years of supervised release, a fine of $500,000, and forfeiture of $60,000.

Mr. Williams praised the exceptional investigative work of the State Department, Office of Inspector General; Special Agents from the United States Attorney’s Office for the Southern District of New York; and the Internal Revenue Service. 

Governor Hochul Announces Drug-Impaired Driving Prevention and Enforcement Campaign for 4/20

 

Governor’s Traffic Safety Committee Trains Officers to Identify Impairment Related to Drugs and Alcohol


 Governor Kathy Hochul today announced that New York State police and local law enforcement will be stepping up patrols and targeting drug-impaired driving during an enforcement and prevention campaign on April 20.

"Drug-impaired driving is a reckless, dangerous choice that puts everyone on our roadways at risk," Governor Hochul said. “To avoid the deadly consequences, do not get behind the wheel and always make sure to have a travel plan to get home safely.”

The State Police, Department of Motor Vehicles and the Governor’s Traffic Safety Committee remind motorists that driving under the influence of drugs and alcohol, including cannabis, is not only dangerous, it is illegal in New York State.

The Governor’s Traffic Safety Committee (GTSC) administers the Drug Recognition Experts (DRE) training program, which trains officers to recognize impairment and drivers under the influence of drugs. The GTSC held six DRE trainings in 2022, adding 99 additional DRE officers, bringing the total to 432 statewide, including 134 State Troopers. GTSC’s goal is to raise the total number of trained officers statewide to 550 by the end of 2023.

Additionally, every State Trooper is required to attend Advanced Roadside Impaired Driving Enforcement (ARIDE) training, which is not as extensive as DRE training, but provides members of law enforcement with additional skills to observe, identify and articulate the signs of impairment related to drugs and alcohol. Statewide, 749 police officers have completed the ARIDE training. Both advanced training courses are offered by the GTSC.

New York State Police Acting Superintendent Steven A. Nigrelli said, “Drug-impaired driving causes thousands of injuries and deaths each year. Unfortunately, few people recognize the dangers of operating a motor vehicle while under the influence of drugs. Even if you feel fine, do not get behind the wheel. The New York State Police reminds all motorists that although adult recreational use of cannabis is legal, it is still illegal to drive while impaired.”

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) offers these safety tips and reminds drivers of the dangers of driving impaired from alcohol or cannabis use:

  • If you’re planning to consume cannabis, do not drive. Designate a sober driver who won’t be consuming or use public transportation or a ride-sharing service. Someone who’s high shouldn’t be making decisions about driving; that’s why planning is key.
  • According to NHTSA, between 2009 and 2018, of those drivers killed in crashes and tested, the presence of cannabis had nearly doubled.
  • In 2018, 46 percent of drivers who were killed in crashes and were tested for drugs, tested positive.
  • It doesn’t matter what term you use: If a person is feeling a little high, buzzed, stoned, wasted, or drunk, he or she is impaired and should never get behind the wheel.
  • In every U.S. state and territory, it is illegal to drive under the influence of drugs — no exceptions.
  • Whether the drug is legal or not, drug-impaired driving poses a threat to the driver, passengers, and other road users.
  • If you think driving high won’t affect you, you are wrong: It has been shown that cannabis can slow reaction times, impair cognitive performance, and make it more difficult for drivers to keep a steady position in their lane.
  • Your best defense against impaired drivers on the road is your seat belt. Wear it on every trip, and make sure your passengers do, too.

The Cost of Impaired Driving

  • An impaired driving charge could set you back $10,000 in attorney’s fees, fines, court costs, lost time at work, higher insurance rates, towing fees, and more.
  • If you’re caught driving under the influence of any impairing substance, you can face jail time.
  • Drug-impaired driving could cause you to lose your driver’s license and your vehicle. This could stop you from getting to work, resulting in lost wages and, potentially, job loss.

Have a Safe Travel Plan

  • If you have ingested an impairing substance such as cannabis, do not drive. Passengers should never ride with an impaired driver. If you think a driver may be impaired, do not get in the car.
  • If you are drug-impaired, pass the keys to a sober driver who can safely drive you to your destination. Like drunk driving, it is essential that drug-impaired drivers refrain from driving a vehicle. It is never okay to drive while impaired by any substance.
  • Do you have a friend who is about to drive while impaired by drugs? Take the keys away and arrange to get them home safely. Don’t worry about offending someone — they’ll thank you later.

NYC PUBLIC ADVOCATE RESPONDS TO THE CITY'S $53 MILLION SOLITARY CONFINEMENT SETTLEMENT AGREEMENT

 

New York City Public Advocate Jumaane D. Williams issued the below statement in response to the reported $53 million settlement agreement for people held in solitary confinement in New York City filed in federal court today.


"Today’s settlement agreement shows that no matter what officials argue to the contrary, no matter what words they use to disguise the reality, solitary confinement has been and is still happening in New York City. The city can’t continue to hide this practice under new names – we need to pass my bill to finally ban solitary, the practice that the United Nations has designated as torture, and put in place further due process. Hopefully, the findings in this case prevent future disingenuous disagreements about the semantics of solitary confinement and the false assertions that it does not occur. 


"Though New Yorkers who have been subject to solitary without due process won a legal victory today, money does not undo the damage. True justice means ensuring no one else suffers that harm in our city again. This ruling shows the financial cost of this continued abuse, and it is nothing compared to the human cost incurred by continuing to put forth defenses of an indefensible status quo that harms people on both sides of the bars."


MAYOR ADAMS URGES BIDEN ADMINISTRATION TO PROVIDE EXPEDITED, EMERGENCY PATHS TO WORK AUTHORIZATION FOR ASYLUM SEEKERS AHEAD OF TITLE 42 LIFTING

 

With Over 34,000 Asylum Seekers Still Currently in City’s Care and No Hope for Support from Republicans in Congress, Mayor Adams Calls on White House to Expand Temporary Protective Status and Humanitarian Parole to Help Asylum Seekers Obtain Work Authorization

 

As Cost of Crisis Continues to Rise, Budget Director Lays Out Estimated Costs


As Republican leaders in Congress continue to refuse to provide any support for cities or states that have seen a mass influx of asylum seekers, New York City Mayor Eric Adams, members of the Adams administration, and elected officials today urged the Biden administration to immediately enhance paths to work authorization for asylum seekers currently in the U.S. and those who continue to arrive every day. It has been approximately one year since asylum seekers first started to be bussed to the five boroughs, and New York City still continues to receive approximately 200 asylum seekers each day — a number that’s only expected to grow following the lifting of Title 42 on May 11, 2023.

 

Mayor Adams is calling on the U.S. Department of Homeland Security to re-designate Temporary Protected Status (TPS) for migrants coming from Venezuela, Honduras, El Salvador, Nicaragua, Guatemala, Sudan, South Sudan, and Cameroon, to expand access to humanitarian parole for newly arriving asylum seekers and asylum seekers already in the United States, and to increase the number of and reassign existing U.S. Citizenship and Immigration Services (USCIS) officers to reduce application processing times. All of these actions can immediately be taken by the executive branch of the federal government and without legislation being passed by Republican leaders in Congress who refuse to offer any support for the ongoing crisis.

 

“As a city, we have done everything in our power to provide support to the tens of thousands of asylum seekers who have arrived at our doorstep,” said Mayor Adams. “While New York City has shouldered the costs of this crisis largely alone, we have always said that this is a national crisis that requires a coordinated, comprehensive response from the federal government. To deny people the ability to work legally sets them up for failure. The actions we’re urging our federal partners to do, all of which can be done without support from the Republican leaders in Congress who refuse to do their jobs, will ensure that asylum seekers in New York City, and across the country, can do what they came here to do — work lawfully and build stable lives.”

 

“For almost a year, asylum seekers have arrived in New York City to escape hardship and start their lives,” said First Deputy Mayor Sheena Wright. “However, until they have an opportunity for safe, legal work, they will continue to be at a standstill. This administration is urging our federal partners to act now and make sure asylum seekers have a fair shot at success in our country, starting with providing a path to work authorization.”

 

“The message from the tens of thousands of asylum seekers who have arrived to New York City has been clear — we want to work,” said Chief of Staff Camille Joseph Varlack. “Asylum seekers want to contribute to New York City and the country, but until the federal government grants them the opportunity for legal work, they’ll be denied that opportunity. We are urging our federal partners to do what’s right and create a path forward for asylum seekers to safely enter our economy and start their American Dream.”

 

“For nearly a year, tens of thousands of people have come to New York City seeking asylum,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “We have stepped up, providing shelter, medical care, and educational support for children. However, this all comes with a cost that must be shared with our federal partners. We come together once more to call upon our federal partners to provide an efficient pathway to work for people seeking asylum that can and want to contribute to our local economy.”   

 

“While our administration has been leading the charge to respond to this humanitarian crisis, we need the federal government to support a nationwide strategy,” said Mayor’s Office of Immigrant Affairs Commissioner Manuel Castro. “Thousands of recently arrived New Yorkers, unable to return to their home countries due to dangerous and unsafe circumstances, can be protected through TPS and humanitarian parole.”

 

The Adams administration has been calling upon the federal and state governments to provide additional support to address the influx of asylum seekers since last year. Today’s call lays out three concrete steps that the executive branch of the federal government can immediately take to expedite work authorization for asylum seekers:

  • Given the continued worsening humanitarian crisis in Venezuela, Honduras, El Salvador, Nicaragua, Guatemala, Sudan, South Sudan, and Cameroon, re-designating TPS to a more recent date and extending the eligibility period would allow a higher number of asylum seekers to access TPS protection. TPS-eligible individuals are able to receive work authorization for the duration of their TPS. 
  • Providing access to humanitarian parole for asylum seekers in the United States and those crossing the border and allowing them to extend, as necessary, will further expedite access to work authorization. The U.S. Department of Homeland Security can exercise their discretion to provide humanitarian parole to individuals at the border and already in the United States, who can then apply for work authorization. 
  • Surging additional USCIS officers to process key application types may dramatically reduce TPS and work authorization application processing times, including for individuals with pending asylum applications.

As of March 31, 2023, New York City alone has incurred more than $817 million in costs related to housing and caring for the asylum seeker population. Over Fiscal Year 2023, the city anticipates spending $1.4 billion, and $2.9 billion in Fiscal Year 2024. This means an estimated total of $4.3 billion will be spent by June 30, 2024. 

 

Despite calls for additional support for months, New York City faces these costs alone, without adequate support from the federal or state governments. This is an unsustainable fiscal burden that strains the city’s budget and places at risk funding for programs and services that benefit New Yorkers. 


JOINT STATEMENT FROM NYC PUBLIC ADVOCATE, CONGRESSIONAL DELEGATION PUSHING FOR FEDERAL ACTION ON ASYLUM SEEKERS, IMMIGRATION REFORM


New York City Public Advocate Jumaane D. Williams and Representatives Jamaal Bowman, Yvette Clarke, Daniel Goldman, Grace Meng, and Nydia Velásquez of the New York Congressional delegation issued the following joint statement on the need for legislative and executive action on the federal level to address both the immediate asylum seeker crisis and longer-term immigration infrastructure.


"For almost a year, New York City has been a focal point of the ongoing challenge of aiding asylum seekers – but this issue did not originate when the first bus arrived at Port Authority. It is rooted in decades of inaction toward reforming our immigration infrastructure and agencies’ inability to adapt to the needs of people arriving in our country.


"During NYC Immigrant Heritage Week, we are raising our voices and elevating the immigrant experience to urge action. New York City, a city of immigrants, needs aid in meeting the current crisis, and at the same time, we must implement real, achievable, sustainable changes to our federal systems of immigration to help ensure that people coming to our country for its opportunities do not find themselves arriving in a new crisis of our own inertia."


DASHBOARD UPDATE: NYC Comptroller Releases New Monthly Data on Department of Correction Operations

 






The New York City Comptroller’s Office released its monthly update to the Department of Correction (DOC) Dashboard, available here.

March 2023’s key monthly DOC metrics show:

  • As of April 3, the jail population was 5,951 people, a slight increase of 36 people from March 1.
  • 1,875 people were admitted to the jail in March, 223 more people than in February. 1,885 people were discharged, 179 more people than in the previous month.
  • Judges assigned cash bail to over 1,000 people in February, the latest data available, for the ninth consecutive month in a row.
  • In March, the average length-of-stay dropped slightly to 109 days—a 3 day decrease from the month before.
  • The number of people with serious mental illness held at Rikers continued to trend slowly upwards, increasing slightly from 1,153 in January to 1,164 in February.
  • Incarcerated people did not show for their requested medical appointments 9,205 times in February, an increase of 67 from January.
  • The average number of uniformed staff increased by 30 officers between February and March, totaling 6,661.
  • The Department’s total number of uniformed staff on sick leave continues to trend downward, declining to 639 in March.
  • All types of violent incidents increased in March: assaults on staff increased to 59, and stabbings increased to 32.

Last month’s report from the Federal Monitor found that while some areas saw slow improvement, excessive force by staff on people incarcerated, assaults on staff, and violence between people in custody remains alarmingly high.

Meanwhile, the number of people held in City jails continues to rise, undermining the goal of closing Rikers Island by 2027, as required by law. The detained population at Rikers remains well above the 3,300 person capacity of the borough-based jails intended to replace the notorious complex. This month’s data show some limited improvements with regard to average length-of-stay and uniformed staff on sick leave. However, the rising jail population indicates that the Adams Administration is not on track to close Rikers by 2027.

“We made a commitment as a city to shutter the violent, isolated, and crumbling facilities on Rikers Island. Yet the rising number of people detained pre-trial and the ongoing effort to roll back bail reforms in Albany are taking us in the opposite direction. Meanwhile, DOC’s failure to get a handle on violence – which rose again this month – threatens the lives and safety of both people in custody and staff. Given the rise in violence and the lack of a long-term plan, I continue to believe it is time for the appointment of a Federal receiver,” said Comptroller Brad Lander.

The Comptroller’s dashboard, first published in August 2022, monitors pervasive issues in the City’s jails, including staff absenteeism, missed medical appointments, and incidents of violence among detained people and staff. It also tracks the jail population every month and length of stay. The Comptroller’s office publishes data to this dashboard monthly to provide increased transparency and accountability over the City’s jail system. 

View the dashboard here.