Monday, June 10, 2024

Attorney General James Secures $350,000 from Long Island Nissan Dealers for Cheating Consumers


Two Long Island Nissan Dealers Required to Repay More Than 200 Consumers Who Were Overcharged for End-of-Lease Buyouts
Latest Action by AG James to Stop Deceptive Practices at Car Dealers, AG James Has Recovered More Than $2.25 Million Total from Seven Nissan Dealers in NYC and on LI

New York Attorney General Letitia James secured more than $350,000 from two Long Island Nissan dealerships, Route 112 Nissan and South Shore Nissan, for overcharging more than 200 New Yorkers who wanted to purchase their leased vehicles at the end of their lease term. An investigation by the Office of the Attorney General (OAG) found that the dealerships in Patchogue and Amityville added junk fees or falsified the price of leased vehicles that consumers wanted to buy when their lease ended. The investigation also revealed that Route 112 Nissan violated a previous settlement with OAG that required the dealership to stop giving consumers fraudulent invoices with junk fees. Today’s settlement requires Route 112 Nissan to pay penalties for violating its prior settlement, penalties for overcharging on end-of-lease buyouts, and restitution to consumers who paid more for their vehicles than they were promised. South Shore Nissan is also required to refund consumers and pay penalties. This is the latest action by Attorney General James to stop deceptive practices at Nissan dealers. In total Attorney General James has recovered more than $2.25 million from seven Nissan dealers for consumers who were cheated. 

“When dealers illegally drive up car prices, they cheat hardworking New Yorkers who rely on their cars every day to get to work or take their kids to school,” said Attorney General James. “Many New Yorkers are struggling to make ends meet and car dealers that add bogus fees onto their bills are making it harder for consumers to keep up with the cost of living. Today we are putting money back in the pockets of defrauded New Yorkers and reminding car dealers to steer clear of violating our laws and deceiving consumers.”

The OAG opened an investigation into Nissan 112 and South Shore Nissan after consumers reported they were being overcharged and given inaccurate receipts. Consumers leased their Nissan cars under an agreement that gave them the option to purchase the vehicle for a set amount after the lease term ended. However, the OAG investigation found that when the consumers returned to the dealerships when their leases were up to buy their car, the dealerships substantially overcharged them. From 2020 to 2023, the dealers either added miscellaneous “dealership fees” or “administrative fees,” or inflated the vehicle’s price on the invoice given to the consumer. 

The OAG’s investigation also found that Route 112 Nissan violated a 2015 agreement with OAG that required the dealership to stop issuing deceptive invoices that bundled together multiple after-sale products, like warranties, without clearly disclosing their price to the consumer before purchase.

Under the agreements announced today:

  • South Shore Nissan will pay $33,191 to 120 overcharged consumers in restitution and pay a $31,200 penalty; and 
  • Route 112 Nissan will pay $39,390 to 103 overcharged consumers in restitution and pay a penalty of $250,000 for overcharging for end-of-lease buyouts and violating its prior settlement. 

Consumers entitled to restitution do not need to take any action to receive the payments and the dealerships have already begun paying restitution through mailed checks in the full amount of the overcharge. The dealerships have also agreed to reform their invoicing practices to ensure all lease buyout customers are neither overcharged nor provided with inaccurate receipts.

Attorney General James asks any consumers who may have been affected by deceptive or fraudulent lease buyout practices to file a consumer complaint online.

Governor Hochul Celebrates Legislative Passage of Nation-Leading Bills to Combat Addictive Social Media Feeds and Protect Kids Online

Governor Hochul speaks at the podium 

SAFE For Kids Act Will Restrict Access to Addictive Algorithmic Feeds; Child Data Protection Act Will Keep Personal Data Safe

Governor Hochul Partnered With Students, Parents, Elected Leaders To Push for Transformative Legislation

Governor Kathy Hochul celebrated the legislative passage of two nation-leading bills to protect kids online. The Stop Addictive Feeds Exploitation (SAFE) for Kids Act will restrict a child’s access to addictive feeds on social media, and the New York Child Data Protection Act will keep children’s personal data safe.

“New York is leading the nation to protect our kids from addictive social media feeds and shield their personal data from predatory companies,” Governor Hochul said. “Together, we’ve taken a historic step forward in our efforts to address the youth mental health crisis and create a safer digital environment for young people. I am grateful to Attorney General James, Majority Leader Stewart-Cousins and Speaker Heastie, and bill sponsors Senator Gounardes and Assemblymember Rozic for their vital partnership in advancing this transformative legislation.”

The SAFE for Kids Act will require social media companies to restrict addictive feeds on their platforms for users under 18. Unless parental consent is granted, users under 18 will not receive addictive feeds. Users may still search for specific topics of interest. It will also prohibit social media platforms from sending notifications regarding addictive feeds to minors from 12:00 a.m. to 6:00 a.m. without parental consent. The legislation will authorize the Office of the Attorney General (OAG) to bring an action to enjoin violations of the new law as well as seek civil penalties of up to $5,000 per violation, among other remedies. And finally, it calls for the establishment of acceptable age verification and parent consent methods, to be determined by the OAG as part of a rulemaking process once the legislation is enacted.

The New York Child Data Protection Act will prohibit online sites from collecting, using, sharing or selling personal data of anyone under the age of 18, unless they receive informed consent or unless doing so is strictly necessary for the purpose of the website. It also authorizes the OAG to enforce the law and enjoin and seek damages or civil penalties of up to $5,000 per violation.

DEC Announces Accessible Outdoor Recreation Enhancements

 

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Launch of New Web-Based Destinations Map Highlights More than 260 Locations with Accessible Recreation Features

More than $5 Million in Recent State Accessibility Projects Completed to Expand Recreational Opportunities for People of All Ages and Abilities  

New Yorkers Encouraged to Visit DEC and State Parks Destinations During ‘Get Outdoors & Get Together Day’ Events on Saturday, June 8

Photos of Recent Projects Available Here

The New York State Department of Environmental Conservation (DEC) announced a new easy-to-use map of accessible recreation features and the completion of more than $5 million in recreation upgrades to enhance the experience of persons with disabilities who access DEC’s lands and services. During an event at the Mount Loretto Unique Area on Staten Island, DEC joined partners to highlight the agency's commitment to accessibility projects that expand opportunities for visitors of all ages and abilities to enjoy outdoor recreation on State lands and launched an Accessible Recreation Destinations Map designed to showcase wheelchair-accessible features at education centers, campgrounds and day use areas, waterway access sites, and trails, among other features. 

“DEC welcomes outdoor adventurers of all ages and abilities to visit New York’s world-class State lands and is committed to expanding accessible outdoor recreation opportunities throughout the state,” DEC Interim Commissioner Sean Mahar said. “With easy-to-use enhanced mapping features and ongoing accessibility infrastructure improvements, DEC is working hard to ensure everyone can find and enjoy the abundant recreational opportunities and facilities in communities across New York State.”

Finding Accessible Recreation Opportunities

DEC's newly launched Accessible Recreation Destinations Map displays 266 destinations across New York State with wheelchair accessible outdoor recreation opportunities, including:

  • 84 locations with accessible boating facilities;
  • 58 locations with accessible fishing facilities;
  • 44 locations with accessible camping facilities;
  • 50 locations with accessible hiking trails;
  • 10 locations with an accessible beach access route; and
  • 47 locations with accessible picnic facilities.

For more information, including descriptions and photo galleries of accessible boating, fishing, camping, hiking, and picnic facilities, visit the DEC websiteAccessible recreation features at DEC facilities are consistent with the federal accessibility standards of the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA):

  • Accessible boat launches, fishing platforms, and picnic and viewing areas have wheelchair accessible amenities and are accessible by an outdoor access route or accessible trail;
  • Accessible campsites are designed for use by people with mobility disabilities and offer an accessible picnic table and fireplace/ring, along with a firm, graded surface suitable for navigation of a mobility device; and
  • Accessible trails have shallow grades, wide tread, and firm compact surfaces of crushed stone, boardwalk, and pavement.

In addition to the map, information on accessible recreation was refreshed throughout DEC’s website to ensure consistent and accurate information for the public on all recreation webpages.

Recently Completed Accessibility Improvement Projects

DEC completed the following projects on State lands to improve access for New Yorkers of all ages and abilities:

  • Mount Loretto Unique Area in Richmond County: DEC Region 2 Operations completed a new accessible wetlands trail that provides a half-mile accessible trail. The trail incorporates a stone dust trail and elevated boardwalk that culminates in a new viewing area overlooking tidal wetlands and an inlet. This improved path provides additional access to the beach at Mount Loretto Unique Area and connects with other accessible features on the property. Funding for this project was provided by the State’s Environmental Protection Fund (EPF) and NY Works for a total investment of $835,000.
  • Mongaup Pond Campground and Day Use Area in Sullivan County: DEC completed two new shower buildings to provide visitors with modern restrooms and showers fully accessible to people with disabilities, including all gender toilet and shower rooms. One of the new shower buildings is conveniently located in the day use area for people visiting the beach and accessible picnic area and fishing platform; the other new building is in the camping area in Loop G on the north side of Mongaup Pond. These improvements were funded with $3.9 million from the EPF and NY Works.
  • Caroga LakeMeacham Lake, and Lake Eaton campgrounds and day use areas in Fulton, Franklin, and Hamilton counties: DEC renovated three restroom buildings in these campgrounds to ADA standards providing wheelchair accessible restroom facilities for visitors. The renovated restrooms at both Caroga Lake and Lake Eaton are conveniently adjacent to the beach and picnic areas. Lake Eaton Campground also offers visitors an accessible picnic area and beach access route for launching hand boats. Meacham Lake Campground has two accessible restrooms buildings, one near the entrance station and the other near Campsite 81 on the eastern side of the Lake, in addition to the existing accessible shower building in the day use area. The project was funded with $329,714 through NY Works. 
  • Patridge Run Wildlife WMA in Albany County: DEC completed construction of a half-mile long accessible interpretive trail. The project led by DEC’s Bureau of Wildlife’s Young Forest Initiative and completed by DEC Region 4 Operations staff is designed to increase public awareness about forest management and protection specifically as it relates to wildlife management. The long loop trail offers low-angle displays and information about different stages of forest growth and benefits to wildlife. This site also has an accessible viewing tower constructed in 2020 that provides an elevated view of vegetation managed by the Young Forest Initiative. The interpretive trail project was funded with $132,177 from the Pittman-Robertson Wildlife Restoration Fund, the EPF, and NY Works. Partridge Run WMA recreational opportunities include hunting, trapping, fishing, wildlife viewing and photography, and is a location on the New York State Birding Trail.
  • Arnold Lake State Forest in Otsego County: DEC Region 4 Operations completed a new accessible route to a newly constructed lean-to. Arnold Lake State Forest is 1,266 acres and used by visitors for hiking, camping, snowshoeing, snowmobiling, Nordic skiing, hunting, trapping, and wildlife watching. The project was funded with $26,529 through NY Works and expands opportunities for the public and people of all abilities to enjoy recreational activities on State lands, including a peaceful camping experience.

All projects advance DEC’s ‘Adventure NY’ initiative aimed at connecting New York families and visitors to the great outdoors and improving their experience.

Get Outdoors & Get Together Day

'Get Outdoors & Get Together Day' will be held this Saturday, June 8, with events at more than 20 state locations across New York to bring people of all abilities, ages, identities, and backgrounds together for fun, healthy activities. As part of the Governor's initiative to broaden the diversity of users and ensure inclusivity of access to state public lands, DEC and the Office of Parks, Recreation and Historic Preservation, in partnership with the Office for People with Developmental Disabilities and the Department of Veterans' Services, are hosting free events to connect people to nature and provide increased access to the outdoors.

For more information, visit the DEC website at https://dec.ny.gov/things-to-do/outdoors-day

DEC’s Commitment to Accessibility and Inclusion

DEC is committed to accommodate people with disabilities through a variety of programs, including discounts for outdoor recreationfree/reduced fee sporting licensespermits and accommodations for hunters with disabilities, and Motorized Access Permits for People with Disabilities (MAPPWD) for people with qualifying disabilities. Learn more about Accessible Recreation at DEC’s website. In April, DEC announced the creation of the agency’s first-ever Office of Diversity, Inclusion, and Civil Rights to help build a stronger, more diverse DEC to represent and serve all New Yorkers. The office advises all the agency’s programs and operations and reports to the Deputy Commissioner for Equity and Justice, and focuses on four main objectives:

  • Ensure compliance with Federal and State Civil Rights requirements;
  • Expand DEC’s language access offerings both in written documents and public meetings;
  • Ensure compliance with ADA in DEC operations and implementation of Executive Order 31 to meet internal accessibility goals; and
  • Oversee strategic planning and initiatives for workplace diversity inclusion and belonging.

Sunday, June 9, 2024

Stack It NYC opens on Morris Park Avenue

 

Stack It NYC, a new burger joint located at 725 Morris Park Avenue one block east of White Plains Road became the newest store to open in the Van Nest section of the Bronx. This burger joint will soon become famous with its delicious food and very reasonable prices. Fresh ground beef is used along with many different toppings that can be included on your burger. 


Stack It NYC is the latest of many businesses to become part of the Alliance of Yemeni American Businesses in the Morris Park/Van Nest and Allerton sections of the Bronx and also now in the borough of Queens. AYAB founder Yahay Obeid was the emcee for the grand opening of Stack It NYC in which Councilwoman Kristy Marmorato and Bronx Borough President Vanessa L. Gibson were on hand to cut the ribbon and the celebratory cake handed out to those who gathered for the grand opening of Stack It NYC.


Councilwoman Kristy Marmorato says a few words praising Mr. Yahay Obeid and the Yemeni community.  


Allerton International Merchants Association founder Gene De Francis says a few words, as he wishes the owners of Stack It NYC good luck.


The official ribbon cutting of Stack It NYC. 


Bronx Borough President Vanessa L. Gibson stands with AYAB founder Yahay Obeid.


Bronx Borough President Vanessa L. Gibson cuts the celebratory cake for the grand opening of Stack It NYC. 



NOTICE OF CHARTER REVISION COMMISSION PUBLIC SAFETY FORUM AND BROOKLYN PUBLIC INPUT SESSION

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TIME AND LOCATION:

June 20, 2024, 5:00 pm – 8:00 pm
FDNY Headquarters
9 MetroTech Center, Brooklyn, NY 11201

Virtual location: See link to Zoom meeting posted at nyc.gov/charter.

NOTICE OF PUBLIC INPUT SESSION

The New York City Charter Revision Commission (“CRC”) will host a Public Safety Forum and Public Input Session in Brooklyn to discuss proposed changes to the New York City Charter. 

What is this Forum & Public Input Session about?

The New York City Charter (“Charter”) provides the structure of city government and key powers of city elected officials and agencies. The CRC is empowered to review the entire Charter. It may recommend changes that would help city government to work more efficiently and better serve all New Yorkers. 

The public is invited to testify about any matter of importance to city government and to suggest changes to the Charter, while experts will provide testimony on public safety matters. You can find out more about the CRC by visiting our website: www.nyc.gov/charter.

Who can give input?

This meeting is open to the public, and the public will have the opportunity to testify before members of the Commission. Any member of the public may testify about their ideas for improving the City Charter for up to three (3) minutes. The Commission will hear testimony from people who attend the meeting in person and from people who attend by Zoom. A group, organization or institution wishing to testify shall select a single designated representative. New Yorkers from any of the five boroughs may testify. The CRC will attempt to accommodate everyone who signs up to speak at this hearing, but if time does not permit that, the public is encouraged to utilize other opportunities to testify at subsequent public input sessions of the CRC or submit written comments to charterinfo@citycharter.nyc.gov

Is there a deadline to submit written comments?

The public may submit written comments to charterinfo@citycharter.nyc.gov instead of or in addition to testifying live at a hearing. Written testimony must be received by 5:00 pm on Friday, July 12.

When and where is the hearing?

Doors open to the public, at 5:00 pm on Thursday, June 20, at the following location:   

FDNY Headquarters
9 MetroTech Center, Brooklyn, NY 11201 

The public may join the meeting virtually at the Zoom link posted to www.nyc.gov/charter at that same time.

What if I need assistance to observe or testify at the meeting?

American Sign Language and Spanish interpretation will be provided online and on-site. Please make language interpretation and/or other accessibility requests by 5:00 pm on Tuesday, June 18, by emailing mopdcommissioner@cityhall.nyc.gov or by calling 212-788-0014 and leaving a  voicemail. All requests will be accommodated to the extent possible.

CityMD Agrees to Pay Over $12M for Alleged False Claims to the COVID-19 Uninsured Program

 

City Medical of the Upper East Side, PLLC, Summit Medical Group, P.A., Summit Health Management, LLC, and Village Practice Management Company, LLC, which collectively do business as CityMD, and manage and operate approximately 177 urgent care practices in New Jersey and New York, have agreed to pay $12,037,109 to resolve allegations that they violated the False Claims Act by submitting or causing the submission of false claims for payment for COVID-19 testing to a Health Resources and Services Administration (HRSA) program for uninsured patients.

HRSA’s COVID-19 Claims Reimbursement to Health Care Providers and Facilities for Testing, Treatment, and Vaccine Administration for the Uninsured Program (the Uninsured Program) provided claims reimbursement to health care providers, generally at Medicare rates, for testing uninsured individuals for COVID-19, treating uninsured individuals with a COVID-19 diagnoses, and administering COVID-19 vaccines to uninsured individuals.

The Justice Department alleges that, from Feb. 4, 2020, through April 5, 2022, CityMD knowingly submitted or caused to be submitted false claims for payment for COVID-19 testing to the Uninsured Program for individuals who had health insurance coverage when CityMD administered those tests. The United States contends that CityMD did not adequately confirm whether those individuals had health insurance coverage before submitting their claims to the Uninsured Program, including but not limited to certain individuals for whom CityMD had health insurance cards on file. The Justice Department further contends that CityMD caused outside laboratories to submit false claims for COVID-19 testing to the Uninsured Program in connection with individuals who had health insurance coverage by issuing requisition forms erroneously indicating that patients were uninsured. 

CityMD received credit in the settlement under the department’s guidelines for taking voluntary disclosure, cooperation, and remediation into account in False Claims Act cases. CityMD cooperated with the United States’ investigation by, among other things, voluntarily contracting with a third party to assist the United States in determining the amount of the losses the United States contends were caused by claims submitted by CityMD to the Uninsured Program for patients who had health insurance as described above.

“The Uninsured Program provided critical financial support for COVID-19 related testing and treatment for uninsured Americans during the height of the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement reflects the department’s commitment to ensuring that the pandemic relief programs created by Congress were used as intended.”

“Uninsured Americans who were at risk from COVID-19 were covered by emergency funding programs that made available to them the testing, vaccines, and treatments that they needed,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “The alleged misuse of these funds is something we cannot and will not tolerate. Today’s settlement ensures that the money that was obtained inappropriately will be returned to the government.”

This civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Steven Kitzinger, a patient of CityMD. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery.  The qui tam case is captioned United States ex rel. Kitzinger v. City Practice Group of New York LLC d/b/a CityMD, Civ. No. 2:20-cv-20111-SRC-CLW (D.N.J.). Mr. Kitzinger will receive $2,046,308 as his share of the recovery. 

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of New Jersey, with assistance from the Department of Health and Human Services Office of Inspector General.  

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across the federal government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form. Tips and complaints about other types of potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

Trial Attorney Daniel Meyler of the Civil Division’s Fraud Section and Assistant U.S. Attorney Mark Orlowski for the District of New Jersey handled this matter.

The claims resolved by the settlement are allegations only. There has been no determination of liability.

Former Principals Of Private “Pre-IPO” Funds Charged In Connection With $185 Million Fraud Scheme

 

Mario Gogliormella, Steven Lacaj, and Karim Ibrahim are Alleged to Have Defrauded Investors in Legend Venture Partners and Its Related Funds by Selling Shares in Non-Public Companies at Arbitrarily Inflated Prices and Pocketing Hidden Markups

Damian Williams, the United States Attorney for the Southern District of New York, and Daniel B. Brubaker, the Inspector in Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced the unsealing of an Indictment charging MARIO GOGLIORMELLA, STEVEN LACAJ, and KARIM IBRAHIM, a/k/a “Chris Hayes,” with conspiracy, securities fraud, wire fraud, and investment adviser fraud in connection with their management of L & G Capital Corp., Legend Venture Partners LLC, and a related series of funds. The defendants’ fraudulent misrepresentations about the operation of their funds allowed them to raise approximately $185 million from hundreds of investors. Based in large part on the excessive and undisclosed share price markups they charged to investors, the defendants were able to divert nearly $28 million in investor funds to themselves. They also used investor funds to pay their sales representatives at least $17.5 million in fees and commissions, despite making explicit representations to investors that fees were not being charged. GOGLIORMELLA, LACAJ, and IBRAHIM were arrested earlier today and will be presented this afternoon in Manhattan federal court. The case has been assigned to U.S. District Judge Vernon S. Broderick. 
 
U.S. Attorney Damian Williams said: “By allegedly raising approximately $185 million from over 1,400 investors, Mario Gogliormella, Steven Lacaj, and Karim Ibrahim left a trail of shattered trust and financial ruin. Today’s Indictment is a resolute stance against such alleged egregious breaches of investor confidence in the pre-IPO markets. We will hold perpetrators accountable and safeguard investors from such deceitful practices.”   

USPIS Inspector in Charge Daniel B. Brubaker said: “The U.S. Postal Inspection Service thoroughly investigates investment fraud cases which involve the criminal use of the mail to defraud investors.  This case highlights the crooked path these greedy individuals allegedly took as they charged excessive and undisclosed share price markups, callously defrauding investors out of millions.  I commend the work of our Postal Inspectors, the Securities and Exchange Commission, and the Assistant U.S. Attorneys for the Southern District of New York’s Securities and Commodities Fraud Task Force.  Together we are ensuring that investors are protected, the sanctity of the U.S. Mail is preserved, and ultimately fraudsters are held accountable for their dirty deeds.”

According to the allegations in the Indictment:[1]

From at least in or about 2019 through at least in or about October 2022GOGLIORMELLA, LACAJ, and IBRAHIM engaged in a scheme to defraud investors in a group of related private funds known generally as the “StraightPath Funds” and the “Legend Funds” (the “Funds”).  In particular, the defendants, and others working at their direction, used “boiler room”-style call centers to market the funds, including to individual, non-professional investors, and present an opportunity to invest in privately held companies expected to go public in the near future (“pre-IPO companies”).  The defendants purported to offer investors the chance to acquire shares in pre-IPO companies at favorable prices in advance of an anticipated public offering, at which time they claimed the shares would be worth significantly more.

Although the defendants and their agents represented to existing and prospective investors in the Funds that they earned no upfront fees or commission in connection with the acquisition of pre-IPO shares on the Funds’ behalf, in reality and contrary to their fiduciary duties, the defendants acquired the shares and then sold them to the Funds at arbitrarily inflated and excessive prices without disclosing to investors the nature or extent of the markup.  The defendants also misled investors regarding the nature of their investments and hid the involvement of GOGLIORMELLA and IBRAHIM, who had previously been disciplined by the Financial Industry Regulatory Authority (“FINRA”) for the management of the Funds.  Moreover, in order to evade detection of their scheme, the defendants destroyed records and otherwise obstructed the efforts of the U.S. Securities and Exchange Commission (“SEC”) to uncover the defendants’ fraud on investors.

GOGLIORMELLA, LACAJ, and IBRAHIM conducted this scheme through several related entities.  Among those entities was L & G Capital Corp. (“L & G”), which, from approximately 2019 up to approximately February 2022, marketed the StraightPath Funds on behalf of StraightPath Venture Partners, Inc. (“SPVP”).  In approximately 2021, multiple individuals associated with SPVP received subpoenas from the SEC in connection with an investigation into SPVP’s unlawful marketing of pre-IPO shares to investors, and in approximately February 2022, SPVP ceased operations.  On or about May 13, 2022, the SEC filed a civil action against SPVP and its founders.  In approximately February 2022, when SPVP ceased operations, GOGLIORMELLA, LACAJ, and IBRAHIM began conducting the scheme under the corporate entity Legend Venture Partners, LLC (“Legend”).  The defendants, now through the corporate entity Legend, continued to market funds investing in pre-IPO shares to investors.  In addition to marketing these funds, Legend was the manager and investment adviser to each of the five Legend Funds. 

In order to generate interest in the Funds among retail investors, GOGLIORMELLA, LACAJ, and IBRAHIM used finders, or “referral agents,” to pitch prospective investors and thereafter to serve as the investors’ primary point of contact.  The defendants used “boiler room”-style call centers wherein salespeople cold-called potential investors, many of whom were not experienced investors, and gave aggressive sales pitches using notes and pitch scripts.  The defendants referred to their pitch scripts as “The Bible.”  Contrary to the defendants’ claim that they and their agents did not make money unless and until investors received a profit on their investments, L & G and Legend paid referral agents a commission, typically a 10 to 15% front-end fee based on the amount of the investment that agents were able to draw to the Funds, plus a portion of the carried interest when the Funds exited their position in a particular company.

In addition to misleading prospective investors about the compensation paid to referral agents, GOGLIORMELLA, LACAJ, and IBRAHIM defrauded investors in the Funds, for which they acted as fiduciaries, by charging investors excessive and undisclosed markups on share prices of pre-IPO companies, which benefited the defendants and their associates at the expense of investors and the Funds.  These markups regularly exceeded 50% of the price at which Legend had acquired the shares and sometimes were as high as 150%.  These markups, in turn, were used to pay fees and commissions to the defendants and their sales representatives.

GOGLIORMELLA, LACAJ, and IBRAHIM also misled investors by actively taking steps to prevent investors from learning about GOGLIORMELLA’s and IBRAHIM’s leadership roles at Legend because of the fact that both had been disciplined by FINRA.  In addition, GOGLIORMELLA, LACAJ, and IBRAHIM misled investors by misrepresenting the experience and knowledge of the sales representatives who were advising investors to invest in their funds.

In total, during the course of their scheme, from in or about 2019 through in or about October 2022, GOGLIROMELLA, LACAJ, IBRAHIM, and their agents solicited investments into the Funds of approximately $185 million from at least 1,400 investors.  GOGLIROMELLA, LACAJ, and IBRAHIM used much of these investor funds to enrich themselves and their associates and referral agents.  GOGLIORMELLA, LACAJ, and IBRAHIM themselves received a total of more than $28 million in investors’ funds.  For the most part, these distributions were not disclosed to investors or made in accordance with the Funds’ offering documents.  The defendants also paid at least $17.5 million in investor funds to their associates and referral agents, despite having made and caused to be made explicit representations to investors that fees were not being charged or were being waived.  In all, approximately 25% of the capital contributions the Funds received from investors was diverted to pay the defendants and their associates.

The Funds are no longer operational and are under the control of court-appointed receivers tasked with taking possession of the funds’ assets and recommending a plan to return value to investors.

GOGLIORMELLA, 47, of Manhasset, New York, LACAJ, 27, of New York, New York, and IBRAHIM, 34, of Queens, New York, are each charged with one count of conspiracy to commit securities fraud, wire fraud, and investment adviser fraud, which carries a maximum potential sentence of five years in prison; one count of securities fraud, which carries a maximum potential sentence of 20 years in prison; one count of wire fraud, which carries a maximum potential sentence of 20 years in prison; and one count of investment advisor fraud, which carries a maximum potential sentence of five years in prison.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Williams praised the outstanding work of the USPIS.  Mr. Williams further thanked the SEC, which has separately filed civil charges against GOGLIORMELLA, LACAJ, and IBRAHIM.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force.  Assistant U.S. Attorneys Adam S. Hobson and Matthew R. Shahabian are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 [1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth in this release constitute only allegations, and every fact described should be treated as an allegation.