ReportWire

Tag: Fraud

  • French far-right leader Marine Le Pen is investigated over alleged illicit financing in 2022 vote

    French far-right leader Marine Le Pen is investigated over alleged illicit financing in 2022 vote

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    Far-right National Rally party leader Marine Le Pen answers reporters after the second round of the legislative election, Sunday, July 7, 2024 at the party election night headquarters in Paris. A coalition on the left that came together unexpectedly ahead of France’s snap elections won the most parliamentary seats in the vote, according to polling projections Sunday. The surprise projections put President Emmanuel Macron’s centrist alliance in second and the far right in third. (AP Photo/Louise Delmotte)

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  • Here’s what to know about Boeing agreeing to plead guilty to fraud in 737 Max crashes

    Here’s what to know about Boeing agreeing to plead guilty to fraud in 737 Max crashes

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    Boeing will have a felony conviction if it follows through on an agreement with prosecutors to plead guilty to fraud in connection with approval of its 737 Max before two of the planes crashed, killing 346 people off the coast of Indonesia and in Ethiopia.

    The American aerospace giant has apparently made the calculation that admitting to a crime is better than fighting the charge and enduring a long public trial.

    The plea deal is not yet a sure thing, however.

    Relatives of some of the passengers who died have indicated they will ask a federal judge in Texas to throw out the agreement, which they say is too lenient considering the lives that were lost. They want a trial, they want a huge fine, and they want Boeing leaders to face charges.

    In a legal filing late Sunday — minutes before a midnight deadline — the Justice Department disclosed the agreement and said the fraud charge was “the most serious readily provable offense” it could bring against Boeing. Prosecutors say Boeing will pay another $243.6 million fine, matching a fine it paid in 2021 for the same crime.

    The Justice Department says a conviction for fraud will hold Boeing accountable for “misstatements” it made to regulators who certified the 737 Max in 2017. The crashes took place less than five months apart in 2018 and 2019.

    The company still faces investigations into the blowout of a panel from an Alaska Airlines Max in January, increased oversight by the Federal Aviation Administration, and accusations from current and former employees about poor workmanship and retaliation against whistleblowers.

    Here is what to know about the case and what could be next for Boeing:

    Boeing agreed to plead guilty to conspiracy to defraud the United States — in this case, deceiving the Federal Aviation Administration.

    The Justice Department first filed that charge in 2021, but it agreed not to prosecute Boeing if it paid a fine and successfully completed three years of a form of corporate probation under what is called a deferred-prosecution agreement.

    In May, however, the department determined that Boeing had not lived up to that agreement, setting in motion the events that led to Sunday’s plea deal.

    The plea deal could help Boeing resolve a black mark on its reputation — the felony charge that the American aerospace giant deceived regulators who approved the airplane and the pilot-training requirements to fly it safely.

    Boeing will pay another fine, bringing the total to $487.2 million, which the Justice Department says is the legal maximum for the fraud charge. The deal also requires the company to invest at least $455 million to improve safety. It will be on court-supervised probation for three years, and the Justice Department will name an independent monitor to oversee Boeing’s compliance with terms of the plea agreement.

    Boeing’s board of directors will be required to meet with families of the victims.

    Yes. There will be a hearing before U.S. District Judge Reed O’Connor in Fort Worth, Texas. He can accept the agreement, in which case he can’t change terms of Boeing’s punishment. Or he can reject it, which would likely lead to new negotiations between Boeing and prosecutors. A date for the hearing has not been set.

    Deals in which the defendant and the federal government agree on a sentence are controversial in legal circles.

    “Judges don’t like them. They feel that it usurps their authority,” said Deborah Curtis, a former Justice Department lawyer.

    O’Connor, however, has shown deference before to the Justice Department’s power. When families of the crash victims tried to undo the 2021 deferred-prosecution agreement, the judge criticized what he called “Boeing’s egregious criminal conduct” but ruled that he had no authority to overturn the settlement.

    Many are outraged by the agreement.

    Zipporah Kuria, a 28-year-old London woman whose father, Joseph, was on the Ethiopian Airlines Max that crashed in March 2019, wanted a trial that she thinks would have unearthed new details about what led up to the crashes.

    Now, with the likelihood that there will never be a trial, “the opportunity to continue digging, the opportunity to continue finding out what has gone wrong here and what is wrong, is kind of taken away from us,” Kuria said. “So yet again, they (the victims) have been robbed of their dignity, and we have been robbed of our closure.”

    Javier de Luis, an MIT aeronautics lecturer whose sister, Graziella, died in the Ethiopia crash, also finds the punishment for Boeing to be inadequate.

    “If you look at the elements that make up this plea agreement, they’re pretty much typical for what you would expect to see in a white-collar fraud investigation – not in the case of a crime that led directly to the deaths of 346 people,” he said.

    Nadia Milleron, a Massachusetts resident whose 24-year-old daughter, Samya Stumo, died in the same crash, wants Boeing’s current and previous CEOs to face charges.

    “After the Indonesian crash, they knew that something was wrong with this plane, and they knew it could crash,” she said. “They gambled with people’s lives, and they are gambling right now.”

    Boeing’s business has never fully recovered from the crashes. After the renewed scrutiny that followed the Alaska Airlines incident, the company failed to book any new orders for the Max in April and May. It has fallen even farther behind European rival Airbus in production and deliveries of new planes, which means less revenue is coming in.

    All of this is happening while Boeing looks for a new CEO to replace David Calhoun, who says he will step down at the end of the year.

    That said, the share price of the company’s stock rose slightly Monday.

    Probably not.

    Government contractors can be suspended or disbarred for criminal convictions, but agencies generally have leeway to grant exceptions.

    Pentagon press secretary Maj. Gen. Pat Ryder said the Justice Department notified the Defense Department about Boeing’s plea deal.

    The Defense Department “will assess the company’s remediation plans and agreement with the Department of Justice to make a determination as to what steps are necessary and appropriate to protect the federal government,” Ryder said.

    In 2006, the Air Force cited “compelling national interest” to let Boeing keep competing for contracts even after the company admitted charges that included using stolen information to win a space-launch contract and paying a $615 million fine.

    It would only resolve the fraud charge filed after the two deadly crashes. The FBI told passengers on the Alaska Airline Max that suffered a panel blowout while flying over Oregon that they might be victims of a crime.

    The National Transportation Safety Board is also investigating that incident, and the Federal Aviation Administration is looking into Boeing’s manufacturing quality.

    Boeing added new flight-control software to the Max that could push the nose of the plane down if a sensor indicated the plane could be approaching an aerodynamic stall. It didn’t initially tell pilots or airlines about the software, known by the acronym MCAS.

    The system activated before both crashes based on faulty readings for the single sensor on each plane, according to investigations of the Oct. 29, 2018, crash of a Lion Air Max off the coast of Indonesia and the March 10, 2019, crash of an Ethiopian Airlines Max near Addis Ababa. Other factors contributed to the Lion Air crash, and the Ethiopian pilots were aware of MCAS but still couldn’t regain control after the nose began pitching down without their input.

    ___

    Koenig reported from Dallas and Richer reported from Washington. Haleluya Hadero in South Bend, Indiana, Cathy Bussewitz in New York, and Tara Copp in Washington contributed to this report.

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  • Scammers are swiping billions from Americans every year. Worse, most crooks are getting away with it.

    Scammers are swiping billions from Americans every year. Worse, most crooks are getting away with it.

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    The scammers are winning.

    Sophisticated overseas criminals are stealing tens of billions of dollars from Americans every year, a crime wave projected to get worse as the U.S. population ages and technology like AI makes it easier than ever to perpetrate fraud and get away with it.

    Internet and telephone scams have grown “exponentially,” overwhelming police and prosecutors who catch and convict relatively few of the perpetrators, said Kathy Stokes, director of fraud prevention at AARP’s Fraud Watch Network.

    Victims rarely get their money back, including older people who have lost life savings to romance scams, grandparent scams, technical support fraud and other common grifts.

    “We are at a crisis level in fraud in society,” Stokes said. “So many people have joined the fray because it is pretty easy to be a criminal. They don’t have to follow any rules. And you can make a lot of money, and then there’s very little chance that you’re going to get caught.”

    A recent case from Ohio, in which an 81-year-old man was targeted by a scammer and allegedly responded with violence, illustrates the law enforcement challenge.

    Police say the man fatally shot an Uber driver after wrongly assuming she was in on a plot to extract $12,000 in supposed bond money for a relative. The driver fell victim to the same scammer, dispatched to the home midway between Dayton and Columbus to pick up a package for delivery, according to authorities.

    Homeowner William Brock was charged with murder in the fatal March 25 shooting of Lo-Letha Hall, but the scammer who threatened Brock over the phone and set the tragic chain of events in motion remains on the loose more than three months later.

    Brock pleaded not guilty, saying he was in fear for his life.

    Advantage scammers

    Online and telephone rackets have become so commonplace that law enforcement agencies and adult protective services don’t have the resources to keep up.

    “It’s a little bit like drinking from a fire hose,” said Brady Finta, a former FBI agent who supervised elder fraud investigations. “There’s just so much of it, logistically and reasonably, it’s almost impossible to overcome right now.”

    Grifts also can be difficult to investigate, particularly ones that originate overseas, with stolen funds quickly converted into hard-to-track cryptocurrency or siphoned into foreign bank accounts.

    Some police departments don’t take financial scams as seriously as other crime and victims wind up discouraged and demoralized, according to Paul Greenwood, who spent 22 years prosecuting elder financial abuse cases in San Diego.

    “There’s a lot of law enforcement who think that because a victim sends money voluntarily through gift cards or through wire transfers, or for buying crypto, that they’re actually engaging in a consensual transaction,” said Greenwood, who travels the country teaching police how to spot fraud. “And that is a big mistake because it’s not. It’s not consensual. They’ve been defrauded.”

    Federal prosecutors typically don’t get involved unless the fraud reaches a certain dollar amount, Greenwood said.

    The U.S. Justice Department says it does not impose a blanket monetary threshold for federal prosecution of elder financial abuse. But it confirmed that some of the 93 U.S. attorneys’ offices nationwide may set their own thresholds, giving priority to cases in which there are more victims or greater financial impact. Federal prosecutors file hundreds of elder fraud and abuse cases annually.

    The Federal Trade Commission says the “vast majority” of frauds go unreported. Often, victims are reluctant to come forward.

    A 74-year-old woman recently charged with robbing a credit union north of Cincinnati was the victim of an online scam, according to her family. Authorities say they believe the woman was preyed on by a scammer, yet there is no record she made a formal police report.

    “These people are very good at what they do, and they’re very good at deceiving people and prying money out of them,” said Fairview Township, Ohio, police Sgt. Brandon McCroskey, who investigated the robbery. “I’ve seen people almost want to fist fight the police and bank tellers because they … believe in their mind that they need to get this money out.”

    A devastating scheme

    Older people hold more wealth as a group and present a ripe target for scammers. The impact can be devastating since many of these victims are past their working years and don’t have much time to recoup losses.

    Elder fraud complaints to the FBI’s Internet Crime Complaint Center rose by 14% last year, with losses increasing by 11% to $3.4 billion, according to a recent FBI report.

    Other estimates put the annual loss much higher.

    A 2023 AARP study calculated that Americans over 60 lose $28.3 billion each year to fraud. The Federal Trade Commission, seeking to account for unreported losses, estimated fraudsters stole a staggering $137 billion in 2022, including $48 billion from older adults. The authors of that study acknowledged a “considerable degree of uncertainty.”

    In San Diego, 80-year-old William Bortz said criminals stole his family’s nest egg of almost $700,000 in an elaborate scheme involving a nonexistent Amazon order, a fake “refund processing center” in Hong Kong, doctored bank statements and an instruction that Bortz needed to “synchronize bank accounts” in order to get his money back.

    Bortz’s scammer was relentless and persuasive, harassing him with dozens of phone calls and, at one point, taking control of his computer.

    Even though he was the victim of a crime, Bortz struggles with self-blame.

    “I understand now why so much elder abuse fraud is never reported. Because when you look back at it, you think, ‘How could I have been so stupid?’” said Bortz, who retired after a career in banking, financial services and real estate.

    His daughter, Ave Williams, said local police and the FBI were diligent in trying to track down the overseas scammer and recover the money, but ran into multiple dead ends. The family blames Bortz’s bank, which Williams said ignored multiple red flags and facilitated several large wire transfers by her father over the course of eight days. The bank denied wrongdoing and the family’s lawsuit against it was dismissed.

    “The scammers are getting better,” Williams said. ”We need our law enforcement to be given the tools they need, and we need our banks to get better because they are the first line of defense.”

    The Justice Department contends industry needs to do more, saying the U.S. can’t prosecute its way out the problem.

    “Private industry — including the tech, retail, banking, fintech, and telecommunications sectors — must make it harder for fraudsters to defraud victims and harder to launder victim proceeds,” the agency said in a statement to The Associated Press.

    A way forward

    Banking industry officials told a Senate subcommittee in May they are investing heavily in new technologies to stop fraud, “and some hold great promise.” The American Bankers Association says it’s working on a program to coordinate real-time communication among banks to better flag suspicious activity and reduce the flow of stolen funds.

    But industry officials said the banks cannot singlehandedly prevent fraud. They said the U.S. needs an overarching national strategy to combat scammers, calling the federal government’s current efforts disjointed and uncoordinated.

    Law enforcement agencies and industry need to join forces to fight fraud more quickly and efficiently, said Finta, the former FBI agent, who launched a nonprofit called the National Elder Fraud Coordination Center to cultivate better cooperation between law enforcement and major corporations like Walmart, Amazon and Google.

    “There’s very, very smart people and there’s very powerful, wealthy companies that want this to stop,” he said. “So we do have the ability, I think, to make a greater impact and to help out our brothers and sisters in law enforcement that are struggling with this tsunami of fraud.”

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    Michael Rubinkam

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  • Scammers are swiping billions from Americans every year. Worse, most crooks are getting away with it

    Scammers are swiping billions from Americans every year. Worse, most crooks are getting away with it

    [ad_1]

    The scammers are winning.

    Sophisticated overseas criminals are stealing tens of billions of dollars from Americans every year, a crime wave projected to get worse as the U.S. population ages and technology like AI makes it easier than ever to perpetrate fraud and get away with it.

    Internet and telephone scams have grown “exponentially,” overwhelming police and prosecutors who catch and convict relatively few of the perpetrators, said Kathy Stokes, director of fraud prevention at AARP’s Fraud Watch Network.

    Victims rarely get their money back, including older people who have lost life savings to romance scams, grandparent scams, technical support fraud and other common grifts.

    “We are at a crisis level in fraud in society,” Stokes said. “So many people have joined the fray because it is pretty easy to be a criminal. They don’t have to follow any rules. And you can make a lot of money, and then there’s very little chance that you’re going to get caught.”

    A recent case from Ohio, in which an 81-year-old man was targeted by a scammer and allegedly responded with violence, illustrates the law enforcement challenge.

    Police say the man fatally shot an Uber driver after wrongly assuming she was in on a plot to extract $12,000 in supposed bond money for a relative. The driver fell victim to the same scammer, dispatched to the home midway between Dayton and Columbus to pick up a package for delivery, according to authorities.

    Homeowner William Brock was charged with murder in the fatal March 25 shooting of Lo-Letha Hall, but the scammer who threatened Brock over the phone and set the tragic chain of events in motion remains on the loose more than three months later.

    Brock pleaded not guilty, saying he was in fear for his life.

    Online and telephone rackets have become so commonplace that law enforcement agencies and adult protective services don’t have the resources to keep up.

    “It’s a little bit like drinking from a fire hose,” said Brady Finta, a former FBI agent who supervised elder fraud investigations. “There’s just so much of it, logistically and reasonably, it’s almost impossible to overcome right now.”

    Grifts also can be difficult to investigate, particularly ones that originate overseas, with stolen funds quickly converted into hard-to-track cryptocurrency or siphoned into foreign bank accounts.

    Some police departments don’t take financial scams as seriously as other crime and victims wind up discouraged and demoralized, according to Paul Greenwood, who spent 22 years prosecuting elder financial abuse cases in San Diego.

    “There’s a lot of law enforcement who think that because a victim sends money voluntarily through gift cards or through wire transfers, or for buying crypto, that they’re actually engaging in a consensual transaction,” said Greenwood, who travels the country teaching police how to spot fraud. “And that is a big mistake because it’s not. It’s not consensual. They’ve been defrauded.”

    Federal prosecutors typically don’t get involved unless the fraud reaches a certain dollar amount, Greenwood said.

    The U.S. Justice Department says it does not impose a blanket monetary threshold for federal prosecution of elder financial abuse. But it confirmed that some of the 93 U.S. attorneys’ offices nationwide may set their own thresholds, giving priority to cases in which there are more victims or greater financial impact. Federal prosecutors file hundreds of elder fraud and abuse cases annually.

    The Federal Trade Commission says the “vast majority” of frauds go unreported. Often, victims are reluctant to come forward.

    A 74-year-old woman recently charged with robbing a credit union north of Cincinnati was the victim of an online scam, according to her family. Authorities say they believe the woman was preyed on by a scammer, yet there is no record she made a formal police report.

    “These people are very good at what they do, and they’re very good at deceiving people and prying money out of them,” said Fairview Township, Ohio, police Sgt. Brandon McCroskey, who investigated the robbery. “I’ve seen people almost want to fist fight the police and bank tellers because they … believe in their mind that they need to get this money out.”

    Older people hold more wealth as a group and present a ripe target for scammers. The impact can be devastating since many of these victims are past their working years and don’t have much time to recoup losses.

    Elder fraud complaints to the FBI’s Internet Crime Complaint Center rose by 14% last year, with losses increasing by 11% to $3.4 billion, according to a recent FBI report.

    Other estimates put the annual loss much higher.

    A 2023 AARP study calculated that Americans over 60 lose $28.3 billion each year to fraud. The Federal Trade Commission, seeking to account for unreported losses, estimated fraudsters stole a staggering $137 billion in 2022, including $48 billion from older adults. The authors of that study acknowledged a “considerable degree of uncertainty.”

    In San Diego, 80-year-old William Bortz said criminals stole his family’s nest egg of almost $700,000 in an elaborate scheme involving a nonexistent Amazon order, a fake “refund processing center” in Hong Kong, doctored bank statements and an instruction that Bortz needed to “synchronize bank accounts” in order to get his money back.

    Bortz’s scammer was relentless and persuasive, harassing him with dozens of phone calls and, at one point, taking control of his computer.

    Even though he was the victim of a crime, Bortz struggles with self-blame.

    “I understand now why so much elder abuse fraud is never reported. Because when you look back at it, you think, ‘How could I have been so stupid?’” said Bortz, who retired after a career in banking, financial services and real estate.

    His daughter, Ave Williams, said local police and the FBI were diligent in trying to track down the overseas scammer and recover the money, but ran into multiple dead ends. The family blames Bortz’s bank, which Williams said ignored multiple red flags and facilitated several large wire transfers by her father over the course of eight days. The bank denied wrongdoing and the family’s lawsuit against it was dismissed.

    “The scammers are getting better,” Williams said. ”We need our law enforcement to be given the tools they need, and we need our banks to get better because they are the first line of defense.”

    The Justice Department contends industry needs to do more, saying the U.S. can’t prosecute its way out the problem.

    “Private industry — including the tech, retail, banking, fintech, and telecommunications sectors — must make it harder for fraudsters to defraud victims and harder to launder victim proceeds,” the agency said in a statement to The Associated Press.

    Banking industry officials told a Senate subcommittee in May they are investing heavily in new technologies to stop fraud, “and some hold great promise.” The American Bankers Association says it’s working on a program to coordinate real-time communication among banks to better flag suspicious activity and reduce the flow of stolen funds.

    But industry officials said the banks cannot singlehandedly prevent fraud. They said the U.S. needs an overarching national strategy to combat scammers, calling the federal government’s current efforts disjointed and uncoordinated.

    Law enforcement agencies and industry need to join forces to fight fraud more quickly and efficiently, said Finta, the former FBI agent, who launched a nonprofit called the National Elder Fraud Coordination Center to cultivate better cooperation between law enforcement and major corporations like Walmart, Amazon and Google.

    “There’s very, very smart people and there’s very powerful, wealthy companies that want this to stop,” he said. “So we do have the ability, I think, to make a greater impact and to help out our brothers and sisters in law enforcement that are struggling with this tsunami of fraud.”

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  • Scammers are swiping billions from Americans every year. Worse, most crooks are getting away with it

    Scammers are swiping billions from Americans every year. Worse, most crooks are getting away with it

    [ad_1]

    The scammers are winning.

    Sophisticated overseas criminals are stealing tens of billions of dollars from Americans every year, a crime wave projected to get worse as the U.S. population ages and technology like AI makes it easier than ever to perpetrate fraud and get away with it.

    Internet and telephone scams have grown “exponentially,” overwhelming police and prosecutors who catch and convict relatively few of the perpetrators, said Kathy Stokes, director of fraud prevention at AARP’s Fraud Watch Network.

    Victims rarely get their money back, including older people who have lost life savings to romance scams, grandparent scams, technical support fraud and other common grifts.

    “We are at a crisis level in fraud in society,” Stokes said. “So many people have joined the fray because it is pretty easy to be a criminal. They don’t have to follow any rules. And you can make a lot of money, and then there’s very little chance that you’re going to get caught.”

    A recent case from Ohio, in which an 81-year-old man was targeted by a scammer and allegedly responded with violence, illustrates the law enforcement challenge.

    Police say the man fatally shot an Uber driver after wrongly assuming she was in on a plot to extract $12,000 in supposed bond money for a relative. The driver fell victim to the same scammer, dispatched to the home midway between Dayton and Columbus to pick up a package for delivery, according to authorities.

    Homeowner William Brock was charged with murder in the fatal March 25 shooting of Lo-Letha Hall, but the scammer who threatened Brock over the phone and set the tragic chain of events in motion remains on the loose more than three months later.

    Brock pleaded not guilty, saying he was in fear for his life.

    Online and telephone rackets have become so commonplace that law enforcement agencies and adult protective services don’t have the resources to keep up.

    “It’s a little bit like drinking from a fire hose,” said Brady Finta, a former FBI agent who supervised elder fraud investigations. “There’s just so much of it, logistically and reasonably, it’s almost impossible to overcome right now.”

    Grifts also can be difficult to investigate, particularly ones that originate overseas, with stolen funds quickly converted into hard-to-track cryptocurrency or siphoned into foreign bank accounts.

    Some police departments don’t take financial scams as seriously as other crime and victims wind up discouraged and demoralized, according to Paul Greenwood, who spent 22 years prosecuting elder financial abuse cases in San Diego.

    “There’s a lot of law enforcement who think that because a victim sends money voluntarily through gift cards or through wire transfers, or for buying crypto, that they’re actually engaging in a consensual transaction,” said Greenwood, who travels the country teaching police how to spot fraud. “And that is a big mistake because it’s not. It’s not consensual. They’ve been defrauded.”

    Federal prosecutors typically don’t get involved unless the fraud reaches a certain dollar amount, Greenwood said.

    The U.S. Justice Department says it does not impose a blanket monetary threshold for federal prosecution of elder financial abuse. But it confirmed that some of the 93 U.S. attorneys’ offices nationwide may set their own thresholds, giving priority to cases in which there are more victims or greater financial impact. Federal prosecutors file hundreds of elder fraud and abuse cases annually.

    The Federal Trade Commission says the “vast majority” of frauds go unreported. Often, victims are reluctant to come forward.

    A 74-year-old woman recently charged with robbing a credit union north of Cincinnati was the victim of an online scam, according to her family. Authorities say they believe the woman was preyed on by a scammer, yet there is no record she made a formal police report.

    “These people are very good at what they do, and they’re very good at deceiving people and prying money out of them,” said Fairview Township, Ohio, police Sgt. Brandon McCroskey, who investigated the robbery. “I’ve seen people almost want to fist fight the police and bank tellers because they … believe in their mind that they need to get this money out.”

    Older people hold more wealth as a group and present a ripe target for scammers. The impact can be devastating since many of these victims are past their working years and don’t have much time to recoup losses.

    Elder fraud complaints to the FBI’s Internet Crime Complaint Center rose by 14% last year, with losses increasing by 11% to $3.4 billion, according to a recent FBI report.

    Other estimates put the annual loss much higher.

    A 2023 AARP study calculated that Americans over 60 lose $28.3 billion each year to fraud. The Federal Trade Commission, seeking to account for unreported losses, estimated fraudsters stole a staggering $137 billion in 2022, including $48 billion from older adults. The authors of that study acknowledged a “considerable degree of uncertainty.”

    In San Diego, 80-year-old William Bortz said criminals stole his family’s nest egg of almost $700,000 in an elaborate scheme involving a nonexistent Amazon order, a fake “refund processing center” in Hong Kong, doctored bank statements and an instruction that Bortz needed to “synchronize bank accounts” in order to get his money back.

    Bortz’s scammer was relentless and persuasive, harassing him with dozens of phone calls and, at one point, taking control of his computer.

    Even though he was the victim of a crime, Bortz struggles with self-blame.

    “I understand now why so much elder abuse fraud is never reported. Because when you look back at it, you think, ‘How could I have been so stupid?’” said Bortz, who retired after a career in banking, financial services and real estate.

    His daughter, Ave Williams, said local police and the FBI were diligent in trying to track down the overseas scammer and recover the money, but ran into multiple dead ends. The family blames Bortz’s bank, which Williams said ignored multiple red flags and facilitated several large wire transfers by her father over the course of eight days. The bank denied wrongdoing and the family’s lawsuit against it was dismissed.

    “The scammers are getting better,” Williams said. ”We need our law enforcement to be given the tools they need, and we need our banks to get better because they are the first line of defense.”

    The Justice Department contends industry needs to do more, saying the U.S. can’t prosecute its way out the problem.

    “Private industry — including the tech, retail, banking, fintech, and telecommunications sectors — must make it harder for fraudsters to defraud victims and harder to launder victim proceeds,” the agency said in a statement to The Associated Press.

    Banking industry officials told a Senate subcommittee in May they are investing heavily in new technologies to stop fraud, “and some hold great promise.” The American Bankers Association says it’s working on a program to coordinate real-time communication among banks to better flag suspicious activity and reduce the flow of stolen funds.

    But industry officials said the banks cannot singlehandedly prevent fraud. They said the U.S. needs an overarching national strategy to combat scammers, calling the federal government’s current efforts disjointed and uncoordinated.

    Law enforcement agencies and industry need to join forces to fight fraud more quickly and efficiently, said Finta, the former FBI agent, who launched a nonprofit called the National Elder Fraud Coordination Center to cultivate better cooperation between law enforcement and major corporations like Walmart, Amazon and Google.

    “There’s very, very smart people and there’s very powerful, wealthy companies that want this to stop,” he said. “So we do have the ability, I think, to make a greater impact and to help out our brothers and sisters in law enforcement that are struggling with this tsunami of fraud.”

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  • Arrest log

    Arrest log

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    The following arrests were made recently by local police departments. All defendants are presumed innocent until proven guilty. Massachusetts’ privacy law prevents police from releasing information involving domestic and sexual violence arrests with the goal to protect the alleged victims.

    LOWELL

    • Benjamin Khammanivong, 26, 14 Lundberg St., Lowell; operating motor vehicle after license suspension, marked lanes violation, carrying firearm while loaded, unlawful possession of large capacity feeding device, carrying firearm without license.

    • Kevin Rousseau, 62, 33 Morningside Drive, Lowell; public drinking, trespassing.

    • Juan Agudelo Louiza, 30, 6 Ford St., Boston; warrant (suspended license).

    • Justin Butler, 45, 181 Vale St., First Floor, Tewksbury; operating motor vehicle after license suspension.

    • Tommy Nguyen, 29, no fixed address; attempt or break safe.

    • Amanda Bellan, 28, homeless; warrants (failure to appear for malicious damage to motor vehicle, and trespassing).

    • Walezka Carmona, 30, homeless; warrants (failure to appear for possession of Class A drug, and possession of Class B drug).

    • Ashley Hartwell, 35, homeless; warrants (failure to appear for possession of Class B drug, and possession of Class C drug).

    • Jacqueline Mara, 27, 16 Wright St., Lowell; warrants (failure to appear for larceny under $1,200, shoplifting, receiving stolen property, assault with dangerous weapon, and two counts of possession of Class A drug).

    • Rok Rong, 50, homeless; warrant (probation violation for distribution of Class B drug), possession of Class B drug with intent to distribute.

    • Shelly Coiley, 39, 193 Summer St., Lowell; warrant (credit card fraud).

    • Michael Dalton, 33, 606 School St., Lowell; warrant (failure to appear for possession of Class A drug), possession of Class B drug.

    • Daniel Jacobs, 32, 7 Rolling Hill Road, Billerica; possession of Class B drug.

    • Lamar Hughes, 55, Lowell; trespassing after notice.

    • Luis Gomez, 33, 300 Massmills Drive, Apt. 307, Lowell; warrants (failure to appear for possession of Class A drug, larceny under $1,200, breaking and entering building at daytime to commit felony, and four counts of trespassing.

    • Steven Khiev, 30, 20 Eugene St., Lowell; manufacturing/dispensing Class B drug, conspiracy to violate drug law (felony).

    • Franchesca Hernandez, 40, homeless; warrants (failure to appear for possession of Class A drug, three counts of possession of Class B drug, two counts of larceny under $1,200, shoplifting, larceny over $1,200, and possession of Class C drug).

    • Jonathan Aquino, 35, 31 Maplewood Ave., Billerica; trafficking in cocaine 18 grams or more.

    • Peter Poulakos, 32, 395 Mammoth Road, Apt. 5, Lowell; warrant (larceny under $1,200).

    • Joseph Conry, 51, homeless; warrants.

    • Aimee Sherwood, 40, homeless; warrant (possession of Class B drug).

    WESTFORD

    • Kyle Thomas Ryan, 31, 8802 Luminaria Lane, Odessa, Fla.; assault and battery with dangerous weapon.

    WILMINGTON

    • Joshua Eisnor, 45, 325 Park St., North Reading; uninsured motor vehicle, unregistered motor vehicle, motor vehicle lights violation.

    • Juvenile, 17; malicious destruction of property less than $1,200.

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  • U.S. woman accused of posing as heiress in scam extradited to the U.K. to face fraud charges

    U.S. woman accused of posing as heiress in scam extradited to the U.K. to face fraud charges

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    7/2: CBS News 24/7 Episode 2


    7/2: CBS News 24/7 Episode 2

    46:33

    A woman accused of traveling across the U.S. claiming to be an Irish heiress and scamming several victims out of tens of thousands of dollars has been extradited to the United Kingdom, a U.S. official said Tuesday.

    Marianne Smyth, 54, faces charges of theft and fraud by abuse of position for allegedly stealing more than $170,000 from victims she met through her work as an independent mortgage adviser in Northern Ireland from 2008 to 2010. 

    A U.S. magistrate judge in Maine ruled in May that there was sufficient evidence for extradition of Smyth, who accusers say has also fashioned herself as a witch, a psychic and a friend to Hollywood stars.

    A spokesperson for the U.S. Department of Justice confirmed the extradition, and referred questions to law enforcement officials in Northern Ireland. An attorney for Smyth did not immediately respond to an email requesting comment.

    File photo of Marianne Smyth
    Marianne Smyth is seen in this photo taken in 2013 in Los Angeles.

    Johnaathan Walton / AP


    Authorities overseas have said Smyth stole money that she had promised to invest and also arranged to sell a victim a home but instead took the money. The Maine judge’s ruling on extradition detailed several instances in which prosecutors allege Smyth pocketed checks of £20,000 (about $25,370) or more. One couple accused her of making off with £72,570 (over $92,000).

    Smyth’s victims in the U.S. included Johnathan Walton, who worked as a reality television producer for “American Ninja Warrior” and “Shark Tank.” Walton also started a podcast titled “Queen of the Con” in an attempt to document his personal travails with Smyth and expose her misdeeds.

    A court in Northern Ireland issued arrest warrants for her earlier this decade. She was arrested in Bingham, Maine, in February.

    Smyth was slated to appear at the Newtownards Magistrates Court on Tuesday, according to the Hollywood Reporter, which obtained statements from the U.S. Department of Justice and the Police Service of Northern Ireland.

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  • What to know about the plea deal offered Boeing in connection with 2 plane crashes

    What to know about the plea deal offered Boeing in connection with 2 plane crashes

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    Federal prosecutors and victims’ families are waiting for Boeing to decide whether to accept a plea deal that would settle a criminal fraud charge accusing the aerospace giant of misleading regulators who approved the 737 Max jetliner before two of the planes crashed.

    Relatives of some of the 346 people who died in the October 2018 and March 2019 crashes are furious about the plea offer, which Justice Department prosecutors spelled out in an online meeting with the families and their lawyers on Sunday.

    The families want to put Boeing on trial.

    “This package offers another opportunity for Boeing to hide their misdeeds from the public,” Ike Riffel, a Californian whose two sons died in the second 737 Max crash, said Monday. “The families are very disappointed, but we vow to fight on.”

    Paul Cassell, a former federal judge who is representing some of the victims’ families, called it “a sweetheart deal” for Boeing.

    Some of the lawyers involved in the case, however, say a plea deal is better than nothing.

    “While I personally would have preferred a more vigorous prosecution, a guilty plea to a felony is a serious step up” from a 2021 agreement between Boeing and the Justice Department, said Mark Lindquist, a lawyer who is suing Boeing on behalf of passengers who survived a scary 737 Max inciden t at the beginning of this year.

    The Justice Department first charged Boeing with fraud in January 2021 but agreed not to prosecute if the company paid a fine and followed other terms for three years. Then, seven weeks ago, the department said Boeing had violated the deferred prosecution agreement by failing to make changes to detect and prevent future violations of anti-fraud laws. Prosecutors have not publicly disclosed the alleged violations.

    Here are some questions being asked about the case.

    The Justice Department wants Boeing to plead guilty to a single count of fraud for deceiving the Federal Aviation Administration about new flight-control software for the 737 Max and how much training pilots of older 737 models would need to safely fly the plane. In the 2021 settlement, Boeing blamed the deception on two low-level employees, one of whom was later acquitted after a trial in federal court.

    The company isn’t saying. Lawyers for the victims’ families say the company would be crazy to reject it.

    If Boeing takes the deal, it would plead guilty in what likely would be a very short court session. If it turns down the offer, the Justice Department is vowing to take the case to trial, which would expose more details of Boeing’s actions while it was asking the FAA to certify the Max.

    Yes. The plea and the sentence outlined by the Justice Department, including a $244 million fine and appointment of a monitor to oversee the agreement, would be filed in U.S. District Court in Fort Worth, Texas. If Judge Reed O’Connor accepts the agreement, he would not be able to change the terms approved by Boeing and the prosecutors.

    If the judge rejects the plea deal, Boeing and the Justice Department could try to negotiate a new agreement or go to trial.

    “The families will most certainly object before Judge Reed O’Connor and ask that he reject the plea if Boeing accepts,” said Robert Clifford, another lawyer for families of the Lion Air and Ethiopian Airlines crashes.

    It would strengthen the hand of victims’ families who have not settled their pending lawsuits against the company. It is less clear whether survivors and heirs who already accepted settlements could file new claims.

    It would only resolve the fraud charge filed after the two deadly crashes, which took place off the coast of Indonesia and in Ethiopia.

    The Justice Department opened another investigation after a panel covering an unused emergency exit blew off a 737 Max during an Alaska Airlines flight in January; the FBI told passengers on that flight they might be victims of a crime. The National Transportation Safety Board and Federal Aviation Administration are conducting separate investigations into the blowout and Boeing’s manufacturing quality.

    Boeing announced Monday that it will pay $4.7 billion to acquire Spirit AeroSystems, which makes fuselages for the 737 Max, in an all-stock transaction. Fitch Ratings said the deal should help Boeing better control the pace of 737 Max production and will have no near-term effect on the company’s credit rating, although Boeing will take on about $3.6 billion in Spirit debt.

    Boeing once owned Spirit, and it believes that bringing the supplier back in-house will help it improve quality and ease safety concerns about its planes.

    Manufacturing mistakes by suppliers can turn up in finished products. The Alaska Airlines blowout occurred after bolts were not reinstalled following a repair job at Boeing — workers had to fix rivets that were damaged when the fuselage arrived from Spirit — according to a preliminary report by the NTSB.

    A criminal conviction can jeopardize a company’s standing as a federal contractor, and Boeing is an important one. The company builds planes for the Defense Department and built a space capsule for NASA.

    Joseph Facciponti, executive director of New York University’s law school program on corporate compliance and enforcement, said the plea could be written so that a Boeing subsidiary pleads guilty, allowing the rest of the company to avoid disbarment. However, in many cases agencies have discretion to avoid disbarring companies.

    “I don’t think the government wants to lose the ability to contract with Boeing, so there is always the option for government agencies to allow a company that has been convicted of a crime like this to continue doing business with them,” Facciponti said.

    The case against Boeing also may affect the Justice Department’s approach to entering into deferred prosecution agreements with other companies or individuals.

    Peter Reilly, a law professor at Texas A&M University who has written about such agreements, also known as DPAs, says federal prosecutors have increasingly used them in recent years to settle serious allegations against companies while avoiding the expense and uncertain outcome of a trial.

    A landmark case was the 2015 deal with General Motors over charges that the automaker broke the law by concealing a deadly problem with ignition switches in small cars, he said.

    Congress approved DPAs as part of the Speedy Trial Act of 1974 to quickly handle cases involving low-level offenses and first-time offenders, Reilly said. He thinks the Boeing DPA was particularly weak and should lead Congress to crack down on their use.

    “People are realizing, wow, this is what happens when Boeing admits to committing a very serious crime and 346 people die?” Reilly said.

    ___

    Cathy Bussewitz in New York contributed to this report.

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  • Should gun store sales get special credit card tracking? States split on mandating or prohibiting it

    Should gun store sales get special credit card tracking? States split on mandating or prohibiting it

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    Beginning Monday, a California law will require credit card networks like Visa and Mastercard to provide banks with special retail codes that can be assigned to gun stores in order to track their sales.

    But new laws will do the exact opposite in Georgia, Iowa, Tennessee and Wyoming by banning the use of specific gun shop codes.

    The conflicting laws highlight what has quietly emerged as one of the nation’s newest gun policy debates, dividing state capitols along familiar partisan lines.

    Some Democratic lawmakers and gun-control activists hope the new retail tracking code will help financial institutions flag suspicious gun-related purchases for law enforcement agencies, potentially averting mass shootings and other crimes. Lawmakers in Colorado and New York have followed California’s lead.

    “The merchant category code is the first step in the banking system saying, `Enough! We’re putting our foot down,’” said Hudson Munoz, executive director of the nonprofit advocacy group Guns Down America. “`You cannot use our system to facilitate gun crimes.’”

    But many Republican lawmakers and gun-rights advocates fear the retail code could lead to unwarranted suspicion of gun buyers who have done nothing wrong. Over the past 16 months, 17 states with GOP-led legislatures have passed measures prohibiting a firearms store code or limiting its use.

    “We view this as a first step by gun-control supporters to restrict the lawful commerce in firearms,” said Lawrence Keane, senior vice president of the National Shooting Sports Foundation, an industry group that backs laws blocking use of the tracking code.

    The new laws add to the wide national divide on gun policy. This past week, U.S. Surgeon General Vivek Murthy declared gun violence a public health crisis, citing a rising number of firearm-related deaths, including more than 48,000 in 2022. The move was quickly criticized by the National Rifle Association.

    States have dug opposing trench lines on other gun policies. On July 4, for example, Republican-led Louisiana will become the 29th state to allow residents to carry concealed guns without a permit.

    By contrast, Democratic-led New Mexico this year tightened laws for people who don’t have concealed-carry permits, requiring a seven-day waiting period for gun purchases, which is more than double the three-day period for a federal background check.

    States also have responded differently to recent mass shootings. In Maine, where an Army reservist killed 18 people and wounded 13 others, the Democratic-led Legislature passed a variety of new gun restrictions. Following school shootings in Iowa and Tennessee, the Republican-led legislatures there took steps that could allow more trained teachers to bring guns into classrooms.

    The surge of legislation targeting firearm store category codes addresses a behind-the-scenes aspect of electronic financial transactions. The International Organization for Standardization, based in Geneva, sets thousands of voluntary standards for various fields, including category codes for all kinds of businesses, from bakeries to boat dealers to bookstores.

    Those category lists are distributed by credit card networks to banks, which assign particular codes to businesses whose accounts they handle. Some credit card issuers use the category codes for customer reward points.

    The codes can be used by financial institutions to help identify fraud, money laundering or unusual purchasing patterns that are reported as suspicious activities to the U.S. Treasury Department’s Financial Crimes Enforcement Network.

    Banks and other depository institutions filed more than 1.8 million confidential reports in 2022 flagging more than 5.1 million suspicious activities. About 4% of annual reports lead to follow-up by law enforcement and an even smaller percentage to prosecution, according to the Bank Policy Institute, a trade group representing large banks.

    Stores that sell guns have previously been grouped with other retailers in merchant category codes. Some have been classified as sporting goods stores, others as miscellaneous and specialty retail shops.

    At the urging of New York-based Amalgamated Bank, which worked with gun-control groups, the International Organization for Standardization adopted a new four-digit category code for gun and ammunition shops in 2022. Major credit card networks initially said they would implement it but backed off under pressure from conservative politicians and the gun industry.

    Munoz, who helped lead the effort to establish the firearms store code, noted credit cards were used to buy weapons and ammunition for some of the nation’s deadliest mass shootings.

    The intent of a gun merchant code is to spot suspicious patterns, like a person with little history of gun purchases who suddenly spends large amounts at multiple gun stores in a short period. Once alerted by banks, authorities could investigate, potentially thwarting a mass shooting, Munoz said.

    California’s new law requires credit card networks to make the firearms code available to banks and other financial institutions by Monday. Those entities then have several months to determine which of their business clients should be categorized as gun stores and assign them new codes by May 1.

    Visa, the nation’s largest payment network, recently updated its merchant data manual to add the firearms code to comply with California’s law.

    Democratic-led legislatures in Colorado and New York this year also passed firearms code mandates aligned to kick in with California’s next May.

    “If there was someone suspiciously purchasing a large number of firearms, right now it would be very difficult to tell,” said California state Assemblymember Phil Ting, a Democrat who sponsored the new law. “You couldn’t tell if they were soccer balls or golf balls or basketballs.”

    Even with a firearms store code, it won’t be possible to know whether a particular sale is for a rifle, storage safe or some other product such as hunting apparel.

    The state laws prohibiting gun store codes have varying effective dates but typically allow state attorneys general to seek court injunctions against financial institutions using the codes, with potential fines reaching thousands of dollars.

    The merchant code could lead more people to buy guns with cash instead of credit in order to protect their privacy, said Dan Eldridge, owner of Maxon Shooter’s Supplies in suburban Chicago. Though his business has yet to be recategorized, Eldridge said he already has placed an ATM in his store.

    “Viewed most benignly, this code is an effort to stigmatize gun owners,” Eldridge said. “But a more worrisome concern is that this is another private sector end run around the prohibition against the federal government creating a gun registry.”

    Iowa state Sen. Jason Schultz, a Republican sponsor of legislation banning the firearms code, said he feared federal agents could gain access to data about gun store purchases from financial institutions, then use that as justification to raid gun owners’ homes and infringe on their Second Amendment rights.

    “States are going to have to make a choice,” he said, “whether they want to follow California or whether they’d like to support the original intent of the U.S. Constitution.”

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  • Should gun store sales get special credit card tracking? States are split

    Should gun store sales get special credit card tracking? States are split

    [ad_1]

    Beginning Monday, a California law will require credit card networks like Visa and Mastercard to provide banks with special retail codes that can be assigned to gun stores in order to track their sales.

    But new laws will do the exact opposite in Georgia, Iowa, Tennessee and Wyoming by banning the use of specific gun shop codes.

    The conflicting laws highlight what has quietly emerged as one of the nation’s newest gun policy debates, dividing state capitols along familiar partisan lines.

    Some Democratic lawmakers and gun-control activists hope the new retail tracking code will help financial institutions flag suspicious gun-related purchases for law enforcement agencies, potentially averting mass shootings and other crimes. Lawmakers in Colorado and New York have followed California’s lead.

    “The merchant category code is the first step in the banking system saying, `Enough! We’re putting our foot down,’” said Hudson Munoz, executive director of the nonprofit advocacy group Guns Down America. “`You cannot use our system to facilitate gun crimes.’”

    But many Republican lawmakers and gun-rights advocates fear the retail code could lead to unwarranted suspicion of gun buyers who have done nothing wrong. Over the past 16 months, 17 states with GOP-led legislatures have passed measures prohibiting a firearms store code or limiting its use.

    “We view this as a first step by gun-control supporters to restrict the lawful commerce in firearms,” said Lawrence Keane, senior vice president of the National Shooting Sports Foundation, an industry group that backs laws blocking use of the tracking code.

    The new laws add to the wide national divide on gun policy. This past week, U.S. Surgeon General Vivek Murthy declared gun violence a public health crisis, citing a rising number of firearm-related deaths, including more than 48,000 in 2022. The move was quickly criticized by the National Rifle Association.

    States have dug opposing trench lines on other gun policies. On July 4, for example, Republican-led Louisiana will become the 29th state to allow residents to carry concealed guns without a permit.

    By contrast, Democratic-led New Mexico this year tightened laws for people who don’t have concealed-carry permits, requiring a seven-day waiting period for gun purchases, which is more than double the three-day period for a federal background check.

    States also have responded differently to recent mass shootings. In Maine, where an Army reservist killed 18 people and wounded 13 others, the Democratic-led Legislature passed a variety of new gun restrictions. Following school shootings in Iowa and Tennessee, the Republican-led legislatures there took steps that could allow more trained teachers to bring guns into classrooms.

    The surge of legislation targeting firearm store category codes addresses a behind-the-scenes aspect of electronic financial transactions. The International Organization for Standardization, based in Geneva, sets thousands of voluntary standards for various fields, including category codes for all kinds of businesses, from bakeries to boat dealers to bookstores.

    Those category lists are distributed by credit card networks to banks, which assign particular codes to businesses whose accounts they handle. Some credit card issuers use the category codes for customer reward points.

    The codes can be used by financial institutions to help identify fraud, money laundering or unusual purchasing patterns that are reported as suspicious activities to the U.S. Treasury Department’s Financial Crimes Enforcement Network.

    Banks and other depository institutions filed more than 1.8 million confidential reports in 2022 flagging more than 5.1 million suspicious activities. About 4% of annual reports lead to follow-up by law enforcement and an even smaller percentage to prosecution, according to the Bank Policy Institute, a trade group representing large banks.

    Stores that sell guns have previously been grouped with other retailers in merchant category codes. Some have been classified as sporting goods stores, others as miscellaneous and specialty retail shops.

    At the urging of New York-based Amalgamated Bank, which worked with gun-control groups, the International Organization for Standardization adopted a new four-digit category code for gun and ammunition shops in 2022. Major credit card networks initially said they would implement it but backed off under pressure from conservative politicians and the gun industry.

    Munoz, who helped lead the effort to establish the firearms store code, noted credit cards were used to buy weapons and ammunition for some of the nation’s deadliest mass shootings.

    The intent of a gun merchant code is to spot suspicious patterns, like a person with little history of gun purchases who suddenly spends large amounts at multiple gun stores in a short period. Once alerted by banks, authorities could investigate, potentially thwarting a mass shooting, Munoz said.

    California’s new law requires credit card networks to make the firearms code available to banks and other financial institutions by Monday. Those entities then have several months to determine which of their business clients should be categorized as gun stores and assign them new codes by May 1.

    Visa, the nation’s largest payment network, recently updated its merchant data manual to add the firearms code to comply with California’s law.

    Democratic-led legislatures in Colorado and New York this year also passed firearms code mandates aligned to kick in with California’s next May.

    “If there was someone suspiciously purchasing a large number of firearms, right now it would be very difficult to tell,” said California state Assemblymember Phil Ting, a Democrat who sponsored the new law. “You couldn’t tell if they were soccer balls or golf balls or basketballs.”

    Even with a firearms store code, it won’t be possible to know whether a particular sale is for a rifle, storage safe or some other product such as hunting apparel.

    The state laws prohibiting gun store codes have varying effective dates but typically allow state attorneys general to seek court injunctions against financial institutions using the codes, with potential fines reaching thousands of dollars.

    The merchant code could lead more people to buy guns with cash instead of credit in order to protect their privacy, said Dan Eldridge, owner of Maxon Shooter’s Supplies in suburban Chicago. Though his business has yet to be recategorized, Eldridge said he already has placed an ATM in his store.

    “Viewed most benignly, this code is an effort to stigmatize gun owners,” Eldridge said. “But a more worrisome concern is that this is another private sector end run around the prohibition against the federal government creating a gun registry.”

    Iowa state Sen. Jason Schultz, a Republican sponsor of legislation banning the firearms code, said he feared federal agents could gain access to data about gun store purchases from financial institutions, then use that as justification to raid gun owners’ homes and infringe on their Second Amendment rights.

    “States are going to have to make a choice,” he said, “whether they want to follow California or whether they’d like to support the original intent of the U.S. Constitution.”

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  • Critics call out recycling

    Critics call out recycling

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    Critics call out recycling “fraud” by plastics industry – CBS News


    Watch CBS News



    About 48 million tons of plastic waste is generated in the United States each year, but only 5 to 6 percent of it is actually recycled. A new report from the Center for Climate Integrity, “The Fraud of Plastic Recycling,” accuses the plastics industry of a decades-long campaign to “mislead” the public about the viability of recycling. Correspondent Ben Tracy talks with the report’s co-author, Davis Allen, and with Jan Dell, a former chemical engineer, about an inconvenient truth surrounding the lifecycle of plastic. [Originally broadcast April 14, 2024.]

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  • Banks may add friction to instant payments to combat fraud | Bank Automation News

    Banks may add friction to instant payments to combat fraud | Bank Automation News

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    The financial services industry has worked for years to create frictionless payments. Now it may be necessary to add friction back into the mix to combat fraud.  “Instant payments actually has a lot more fraud connected,” Jenny Winther, head of payment schemes at Sweden-based Handelsbanken, said today during Volante’s “From mandates to modernization: Payment as […]

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    Whitney McDonald

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  • Reality TV’s Julie Chrisley must be resentenced in bank fraud, tax evasion case, appeals judges rule

    Reality TV’s Julie Chrisley must be resentenced in bank fraud, tax evasion case, appeals judges rule

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    ATLANTA — Reality TV star Julie Chrisley’s sentence for bank fraud and tax evasion was thrown out Friday by federal appeals judges, who ordered a lower court to redo her punishment over what the appellate panel called a “narrow issue.”

    Julie Chrisley and her husband, Todd Chrisley, who earned fame for the show “Chrisley Knows Best” that chronicled the exploits of their tight-knit family, were convicted in 2022 of conspiring to defraud community banks out of more than $30 million in fraudulent loans. The Chrisleys were also found guilty of tax evasion by hiding their earnings while showcasing an extravagant lifestyle.

    The couple’s accountant, Peter Tarantino, stood trial with them and was convicted of conspiracy to defraud the United States and willfully filing false tax returns.

    A three-judge panel of 11th U.S. Circuit Court of Appeals upheld the convictions of the Chrisleys and Tarantino in a ruling that found a legal error only in how the trial judge calculated Julie Chrisley’s sentence by holding her accountable for the entire bank fraud scheme. So the appellate panel sent her case back to the lower court for re-sentencing.

    “We’re pleased that the Court agreed that Julie’s sentence was improper, but we’re obviously disappointed that it rejected Todd’s appeal,” Alex Little, an attorney for the couple, said in an email message. He added that the Chrisley family was “hopeful for more good news in the future.”

    Before the Chrisleys became reality television stars, they and a former business partner submitted false documents to banks in the Atlanta area to obtain fraudulent loans, prosecutors said during the trial. They accused the couple of spending lavishly on luxury cars, designer clothes, real estate and travel, and using new fraudulent loans to pay off old ones. Todd Chrisley then filed for bankruptcy, according to prosecutors, walking away from more than $20 million in unpaid loans.

    Julie Chrisley was sentenced to seven years in federal prison, and Todd Chrisley got 12 years behind bars. The couple was also ordered to pay $17.8 million in restitution.

    Their defense attorneys argued unsuccessfully on appeal that at an IRS officer lied at the trial when he testified about the couple still owing taxes and that prosecutors knowingly failed to correct that false testimony. They also asserted that prosecutors failed to show enough evidence to convict the Chrisleys of tax evasion and conspiracy, or that Julie Chrisley participated in bank fraud.

    Tarantino’s lawyer argued that the accountant was harmed by being tried with the Chrisleys. His request for a new trial was denied.

    The appellate judges found only one error with the case. They ruled that the trial judge at sentencing held Julie Chrisley responsible for the entire bank fraud scheme starting in 2006. The panel ruled neither prosecutors nor the trial judge cited “any specific evidence showing she was involved in 2006.”

    The panel found sufficient evidence tying her to fraud from multiple years starting in 2007.

    “We must vacate Julie’s sentence so the district court can address the narrow issue of what the proper loss amount attributable to Julie is” so that her sentence can be re-calculated, the appeals panel wrote.

    Todd Chrisley, 56, is at a minimum security federal prison camp in Pensacola, Florida, with a release date in September 2032, while Julie Chrisley, 51, is at a facility in Lexington, Kentucky, and is due for release in July 2028, according to the Federal Bureau of Prisons website.

    Tarantino, 61, s being held in a minimum security federal prison camp in Montgomery, Alabama, with a release date in August of next year.

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  • How the Peak Travel Season Will Impact Payment Fraud | Entrepreneur

    How the Peak Travel Season Will Impact Payment Fraud | Entrepreneur

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    Opinions expressed by Entrepreneur contributors are their own.

    Summer is just around the corner, and with it comes an influx of vacationers ready to explore new destinations. As the summer travel season begins, businesses operating within travel and hospitality must adopt robust strategies to manage the anticipated increase in transaction volumes and fraud risks. These strategies must also effectively manage disputes and chargebacks during a peak travel period that’s expected to break records.

    Americans are still choosing to prioritize their vacations despite challenges like international unrest and rising prices. Projections from the Transportation Security Administration (TSA) suggest we’ll see a record-breaking summer travel season in 2024, with officials anticipating the busiest travel season ever.

    52% of consumers say they plan to travel as much in 2024 as last year, with another 40% saying they expect to travel even more. These prospective travelers already have significant budgets set aside for these trips.

    Millennials and Gen Z are the driving forces behind this trend. People in this cohort tend to prioritize experiences over material goods and seek a healthy work-life balance to explore new places and cultures. They’re also heavily influenced by social media, where many influencers showcase travel as part of an aspirational lifestyle.

    This surge in travel drives global business at every level of the economy, but it also creates a heightened sense of risk. For businesses, effectively managing fraud and chargeback risk year-round is crucial to navigating the travel space.

    Let’s explore the best strategies and tactics for managing these threats, whether in-house, hybrid or outsourced, and why asking for help might be the most effective course of action this year.

    Related: How a Bad Billing Descriptor Can Cost You

    The challenges ahead

    While a travel boom is fantastic for businesses and local economies, it poses significant challenges that underscore the necessity of comprehensive fraud and chargeback management. An exceptionally busy travel season can aggravate existing chargeback triggers already intrinsic to the travel space. We may see:

    1. Increased Transaction Volume. The sheer volume of transactions during peak travel seasons makes managing and monitoring every transaction closely difficult. This increased volume can overwhelm internal systems, leading to errors and delays in handling disputes, contributing to more chargebacks.
    2. Fraudulent Activities. Fraudsters take advantage of the busy season, knowing that the high transaction volumes can mask their activities. From fake travel deals to phishing emails, the types of fraud targeting travelers are diverse and sophisticated, increasing the likelihood of chargebacks from unauthorized transactions.
    3. Overbooked Flights and Hotel Shortages. High demand can lead to overbooked flights and sold-out hotels. When travelers are bumped from flights or denied rooms, dissatisfaction spikes. So, too, does the number of chargebacks as customers dispute charges for services they didn’t receive.
    4. Poor Customer Service. Understaffing is common during peak periods, resulting in longer wait times, unresolved complaints and poor service. Frustrated customers often turn to chargebacks to resolve their grievances when they feel neglected or mistreated.
    5. Operational Strain. Handling a surge in transactions requires a well-prepared operational setup. Without it, companies might fail to process payments and refunds promptly, further aggravating customers and leading to more disputes and chargebacks.
    6. Financial and Reputational Impact. Chargebacks result in financial losses due to refunds and fees. However, they also damage a company’s reputation with customers and hurt their relationships with financial institutions. High chargeback rates can result in higher processing fees and, in severe cases, the loss of merchant processing privileges.

    Considering what’s at stake, you can see why it’s incredibly urgent to prioritize effective chargeback management. Aside from saving time and money, it can also help boost customer trust during the peak travel season.

    Managing chargebacks: In-house, hybrid or outsourced?

    Travel operators can adopt one of three chargeback management strategies to handle the increased demand and the potential challenges outlined above.

    First, they can manage everything in-house. This involves maintaining a dedicated team to manage disputes, enhance customer support and refine fraud detection systems. While this approach offers direct control, it can be resource-intensive and requires constant updates and training to stay updated on new fraud tactics and regulatory changes.

    A second option is to outsource everything. This allows travel companies to benefit from specialized expertise and advanced technologies without the burden of maintaining an in-house team. Third-party providers can offer scalable solutions, real-time fraud detection and comprehensive chargeback prevention strategies. However, it can also mean that merchants lack insight.

    As a third option, merchants can try taking a more hybrid approach. Combining internal efforts with external support lets businesses leverage advanced technologies and knowledge from third-party providers while retaining some control over the process. This approach provides a balance between direct oversight and external expertise.

    Related: How to Fight Fraud and Chargebacks Should Regulation Fail

    Industry collaboration

    As we gear up for a record-setting summer, it’s clear that improved industry collaboration could be the key to addressing fraud and chargebacks.

    We could consider the transformative potential of open data and artificial intelligence (AI) within the tourism industry. Combining an open data strategy with AI can enhance decision-making processes, helping to personalize customer experiences and optimize operations.

    By harnessing open data, businesses can gain valuable insights into traveler preferences and behaviors. This insight can be refined using AI to forecast trends and tailor services.

    Related: Think You Can’t Win Against Chargebacks? Think Again.

    Open data and AI will have a much more symbiotic relationship in the future. The kind of collective effort that open data demands will create a more secure environment for our customers and protect our businesses from the financial strain of chargebacks. These technologies promise to boost efficiency and innovation in tourism, help manage threats and enhance the overall travel experience.

    Ultimately, travel operators need to be proactive. By adopting the right strategies and fostering collaboration across the industry, operators can thrive during this busy travel season and create a better experience for all travelers.

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    Monica Eaton

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  • Boeing’s CEO is scheduled to field questions about plane safety from U.S. senators

    Boeing’s CEO is scheduled to field questions about plane safety from U.S. senators

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    U.S. lawmakers are expected to press Boeing’s chief executive Tuesday about the company’s latest plan to fix its manufacturing problems, and relatives of people who died in two crashes of Boeing 737 Max jetliners plan to be in the room, watching him.

    CEO David Calhoun is scheduled to appear before the Senate investigations subcommittee, which is chaired by Sen. Richard Blumenthal, D-Conn., a Boeing critic.

    The hearing will mark the first appearance before Congress by Calhoun — or any other high-ranking Boeing official — since a panel blew out of a 737 Max during an Alaska Airlines flight in January. No one was seriously injured in the incident, but it raised fresh concerns about the company’s best-selling commercial aircraft.

    The National Transportation Safety Board and the Federal Aviation Administration are conducting separate investigations.

    “From the beginning, we took responsibility and cooperated transparently with the NTSB and the FAA,” Calhoun said in remarks prepared for the hearing. He defended the company’s safety culture.

    “Our culture is far from perfect, but we are taking action and making progress,” Calhoun said in the prepared remarks. “We are taking comprehensive action today to strengthen safety and quality.”

    Blumenthal has heard that before, when Boeing was reeling from deadly Max crashes in 2018 in Indonesia and 2019 in Ethiopia.

    “Five years ago, Boeing made a promise to overhaul its safety practices and culture. That promise proved empty, and the American people deserve an explanation,” Blumenthal said when he announced the hearing. He called Calhoun’s testimony a necessary step for Boeing to regain public trust.

    Calhoun’s appearance also was scheduled to take place as the Justice Department considers whether to prosecute Boeing for violating terms of a settlement following the fatal crashes.

    The company says it has gotten the message. Boeing says it has slowed production, encouraged employees to report safety concerns, stopped assembly lines for a day to let workers talk about safety, and it appointed a retired Navy admiral to lead a quality review. Late last month, it delivered an improvement plan ordered by the FAA.

    The drumbeat of bad news for Boeing goes on, however.

    In the past week, the FAA said it was investigating how falsely documented titanium parts got into Boeing’s supply chain, and federal officials examined “substantial” damage to a Southwest Airlines 737 Max after an unusual mid-flight control issue.

    Boeing disclosed that it hasn’t received a single order for a new Max — previously its best-selling plane — in two months.

    Blumenthal first asked Calhoun to appear before the Senate subcommittee after a whistleblower, a Boeing quality engineer, claimed that manufacturing mistakes were raising safety risks on two of the biggest Boeing planes, the 787 Dreamliner and the 777. He said the company needed to explain why the public should be confident about Boeing’s work.

    Boeing pushed back against the whistleblower’s claims, saying that extensive testing and inspections showed none of the problems that the engineer had predicted.

    Calhoun announced in late March that he would retire at the end of the year. The head of the company’s commercial-airplanes unit resigned the day of Calhoun’s announcement.

    Families of people who died in the Boeing Max crash in Ethiopia plan to attend Tuesday’s hearing on Capitol Hill. They have pressed the Justice Department repeatedly to prosecute Boeing.

    “We will not rest until we see justice.,” said Zipporah Kuria, whose father died in the crash. She said the U.S. government should “hold Boeing and its corporate executives criminally responsible for the deaths of 346 people.”

    The Justice Department determined last month that Boeing violated a 2021 settlement that shielded the company from prosecution for fraud for allegedly misleading regulators who approved the 737 Max. A top department official said Boeing failed to make changes to detect and prevent future violations of anti-fraud laws.

    Prosecutors have until July 7 to decide what to do next.

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  • Jurors could soon decide the fate of Idaho man charged in triple-murder case

    Jurors could soon decide the fate of Idaho man charged in triple-murder case

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    BOISE, Idaho — Prosecutors will make their final arguments to jurors on Wednesday in the case of an Idaho man accused of killing his wife and his new girlfriend’s two youngest children.

    The trial of Chad Daybell has already lasted roughly two months, featuring testimony from dozens of witnesses at times turning strange and gruesome.

    Prosecutors say Daybell, 55, promoted unusual and apocalyptic spiritual beliefs in order to justify the murders, all so that he could fulfill his desire for money, sex and power. They have said they will seek the death penalty if Daybell is convicted.

    Daybell’s defense attorney, John Prior, contends there simply isn’t enough evidence to conclusively tie Daybell to the deaths, or even to prove that his late wife, Tammy Daybell, was killed instead of dying from natural causes. Several witnesses, including Chad and Tammy Daybell’s adult children, testified for the defense.

    Daybell is charged with three counts of first-degree murder, insurance fraud, and conspiracy to commit murder and grand theft in connection with the deaths of Tammy Daybell, 7-year-old Joshua “JJ” Vallow and 16-year-old Tylee Ryan.

    Last year, the children’s mother, Lori Vallow Daybell, received a life sentence without parole for the killings.

    Chad Daybell and Lori Vallow Daybell married just two weeks after Tammy Daybell’s death in October 2019, raising suspicion among local law enforcement officials. Tammy Daybell’s body was later exhumed, and officials say an autopsy showed she died of asphyxiation. Chad Daybell had told officials that Tammy Daybell had been sick, and that she died in her sleep.

    Witnesses for both sides seem to agree on a few things, however: Chad Daybell and Lori Vallow Daybell were having an affair that began well before Tammy Daybell died, and the two young children were missing for months before their remains were found buried in Chad Daybell’s backyard.

    The case began in the fall of 2019, when Lori Vallow Daybell’s then-estranged husband, Charles Vallow, was shot to death at his home in a Phoenix, Arizona suburb. Vallow Daybell’s brother Alex Cox committed the shooting, but told police it was in self-defense. Cox was never charged.

    Lori Vallow Daybell, her kids JJ and Tylee, and her brother Cox all moved to eastern Idaho, settling in a town not far from the rural area where Chad Daybell lived. Just a few months later, extended family reported the two children missing and law enforcement officials launched a search that spanned several states.

    The children’s remains were found nearly a year later buried on Chad Daybell’s property. Investigators later determined both children died in September 2019. Prosecutors say Cox conspired with Chad Daybell and Vallow Daybell in all three deaths, but Cox died of natural causes during the investigation and was never charged.

    During the trial, prosecutors presented testimony from Lori Vallow Daybell’s niece, who said the couple believed that people could be possessed by evil spirits, rendering the person a “zombie.” They said that zombies would eventually be overcome by the dark spirit and die, Melani Pawlowski told jurors. Her testimony echoed that given last year by another friend of the couple, Melanie Gibb. Gibb testified during Lori Vallow Daybell’s trial that she heard Vallow Daybell call the two kids “zombies” before they vanished.

    Jurors heard grim testimony from law enforcement officers who described finding the children’s bodies in Daybell’s yard. They were also presented with dozens of cellphone records and messages between Daybell and Vallow Daybell, including some that showed she called him the day Charles Vallow died. Daybell allegedly told Vallow Daybell in one message that JJ was “barely attached to his body” and that there “is a plan being orchestrated for the children.”

    Defense witnesses included Dr. Kathy Raven, a forensic pathologist who reviewed reports from Tammy Daybell’s autopsy and said she believed the cause of death should have been classified as “undetermined.”

    Chad Daybell’s son, Garth Daybell, testified that his mother had been fatigued and sickly before she died. He told jurors he was home the night his mother died and that he heard no disturbances from his bedroom next to his parents’ room. He said he later felt like police officers and prosecutors were trying to pressure him to change his story, even threatening him with perjury charges at one point.

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  • Florida man brings million-dollar jackpotting scam to Northern California

    Florida man brings million-dollar jackpotting scam to Northern California

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    (FOX40.COM) — A 44-year-old man from Miami was recently arrested in Northern California for his role in a jackpotting scam that netted over $2 million from various banks and credit unions across the country.

    According to the United States Attorney’s Office for the Eastern District of California, Carlos Luis Vera La Cruz has been charged with conspiracy, bank larceny, accessing a protected computer to commit fraud, and attempting to access a protected computer to commit fraud.

    Court documents state that Vera La Cruz and others would steal money from ATMs at “targeted” banks and credit unions throughout the United States by infecting the machines with malware that forced them to dispense money without completing a valid transaction.

    “In June 2023, as part of this scheme, Vera La Cruz targeted seven ATMs belonging to a bank in and around Redding and Chico, California, stealing $291,820,” the U.S. Attorney’s Office said.

    Officials believe that in total, Vera La Cruz and his accomplices successfully stole about $2,615,766 from banks and credit unions in multiple states, but did not specify the other states where the scam may have taken place.

    If convicted, Vera La Cruz faces a maximum penalty of 10 years in prison and a $250,000 fine for bank larceny. He also could face a maximum penalty of five years in prison for the conspiracy charge and a $250,000 fine for each count of accessing a protected computer to commit fraud.

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    Aydian Ahmad

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  • Ex-top prosecutor for Baltimore to be sentenced for mortgage fraud and perjury convictions

    Ex-top prosecutor for Baltimore to be sentenced for mortgage fraud and perjury convictions

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    GREENBELT, Md. — A former top prosecutor for the city of Baltimore is to be sentenced this week for lying about her personal finances so she could improperly access retirement funds during the COVID-19 pandemic.

    Sentencing for former Baltimore state’s attorney Marilyn Mosby is set to open Thursday at a federal courthouse in Greenbelt, a Maryland suburb of the nation’s capital. Two juries separately convicted Mosby of perjury and mortgage fraud charges after trials involving her personal finances.

    Mosby, 44, gained a national profile for charging six Baltimore police officers in the 2015 death of Freddie Gray, a Black man fatally injured in police custody. Gray’s death led to riots and protests in the city. After three officers were acquitted, Mosby’s office dropped charges against the other three officers.

    In 2020, at the height of the pandemic, Mosby withdrew $90,000 from Baltimore city’s deferred compensation plan. She used the money to make down payments on vacation homes in Kissimmee and Long Boat Key, Florida.

    Prosecutors argued that Mosby improperly accessed the funds under provisions of the Coronavirus Aid, Relief and Economic Security Act by falsely claiming that the pandemic had harmed her travel-oriented side business.

    Mosby’s lawyers argued that she was legally entitled to withdraw the money and spend it however she wanted.

    Federal prosecutors have recommended a 20-month prison sentence for Mosby, who served two terms as state’s attorney for Baltimore. She lost a reelection bid after her 2022 indictment.

    “Ms. Mosby was charged and convicted because she chose to repeatedly break the law, not because of her politics or policies,” prosecutors wrote.

    Mosby’s attorneys urged the judge to spare her from prison. They said she is the only public official who has been prosecuted in Maryland for federal offenses “that entail no victim, no financial loss, and no use of public funds.”

    “Jail is not justice for Marilyn Mosby,” her lawyers wrote.

    Mosby applied for a presidential pardon earlier this month. In a letter to President Joe Biden, the Congressional Black Caucus expressed support for her cause, the Baltimore Sun reported.

    U.S. District Judge Lydia Kay Griggsby agreed to move Mosby’s trials from Baltimore to Greenbelt, a suburb of Washington, D.C. Mosby’s attorneys argued that she couldn’t get a fair trial in Baltimore after years of negative media coverage there.

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  • Alvin Bragg’s case against Trump presents a tangle of interacting laws and intent puzzles

    Alvin Bragg’s case against Trump presents a tangle of interacting laws and intent puzzles

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    During four days of testimony in Donald Trump’s trial, his estranged lawyer and fixer, Michael Cohen, supplied crucial evidence linking the former and possibly future president to the crimes alleged by New York County District Attorney Alvin Bragg. Cohen said “the boss” instructed him to pay porn star Stormy Daniels $130,000 shortly before the 2016 presidential election to keep her from talking about her alleged 2006 sexual encounter with Trump. Cohen said Trump also approved a plan to reimburse Cohen in 2017 through a series of payments disguised as compensation for legal services. Cohen was the only witness who gave direct support to the latter claim, which underlies the allegation that Trump falsified business records—the heart of the case.

    One question for the jurors is whether to believe Cohen, a convicted felon and admitted liar with a powerful grudge against Trump and a financial interest in agitating for his imprisonment via books and podcasts. Another question is exactly what sort of intent is required to convict Trump not only of falsifying business records but of doing so to conceal “another crime,” which elevates what would otherwise be 34 misdemeanors into 34 felonies. Here things get confusing because of the interacting statutes on which the prosecution is relying.

    As a misdemeanor, falsifying business records requires only an “intent to defraud.” If the jury believes the prosecution has proven beyond a reasonable doubt that Trump knew the checks to Cohen were falsely identified as payment for legal services, it will convict him of falsifying business records.

    Trump personally signed nine of those 11 checks, which the stubs described as “retainer” payments. Although Trump designated Cohen as his personal lawyer after the election, Cohen testified that he never expected to be paid for that position, which he said he was glad to have mainly because of the business connections he thought it would facilitate. Cohen said he never had a retainer agreement with Trump.

    Although Trump had to sign those checks because they were drawn on his personal account, his lawyers say, he was not aware of exactly how his bookkeepers characterized the payments. According to the defense team, Cohen presented invoices that the Trump Organization paid as a matter of course, and Trump was too busy with presidential duties to concern himself with the associated records.

    To rebut that account, prosecutors presented testimony that Trump was a proud penny-pincher who never would have agreed to pay Cohen without knowing exactly what he was getting in return. The payments totaled $420,000. According to handwritten notes by Trump Organization CFO Allen Weisselberg, that included reimbursement for the hush payment, which he doubled to account for taxes, plus a bonus and a reimbursement for an unrelated expense. Prosecutors suggested it was implausible that Trump actually thought he was paying Cohen for his 2017 services as a personal lawyer, and Cohen testified that Trump signed off on Weisselberg’s plan during a meeting at Trump Tower.

    To prove that Trump is guilty of 34 felonies, however, the prosecution had to show that his “intent to defraud” included “an intent to commit another crime or to aid or conceal the commission thereof.” Lead prosecutor Matthew Matthew Colangelo said the other crime was a violation of an obscure New York statute: Section 17-152 of the New York Election Law, which makes it a misdemeanor for “two or more persons” to “conspire to promote or prevent the election of any person to a public office by unlawful means.”

    Prosecutors say the “unlawful means” was Cohen’s payment to Daniels: By fronting that money, he made an excessive campaign contribution, thereby violating the Federal Election Campaign Act. Cohen accepted that characterization, which hinges on the fuzzy distinction between personal and campaign expenditures, in a 2018 federal plea agreement that also resolved several other, unrelated charges against him. But Trump was never prosecuted for soliciting that “contribution,” probably because it would have been hard to prove that he “knowingly and willfully” violated federal campaign finance regulations. If Trump thought the nondisclosure agreement with Daniels was perfectly legal, as his lawyers maintain, he did not have the intent required for a federal conviction.

    Does that matter under Section 17-152? Since it appears this provision has never been enforced before, the answer is not clear. On its face, the statute requires only a conspiracy to promote an election “by unlawful means.” It does not say the conspirators must recognize that the means are unlawful. But ordinarily under New York law, proving a criminal conspiracy requires proving “a specific intent to commit a crime.” If Trump did not think Cohen’s payment to Daniels was “unlawful,” and it is plausible that he didn’t, he did not have that “specific intent.”

    The uncertainty about Trump’s understanding of federal campaign finance regulations also figures directly in the felony charges under the statute prohibiting falsification of business records. If Trump believed there was nothing illegal about paying off Daniels via Cohen, it is hard to see how he could have falsified business records with the intent to hide “another crime.”

    Prosecutors presented testimony from Cohen and other witnesses who said Trump’s main motivation in silencing Daniels was neutralizing a threat to his election, which goes to the question of whether the payment qualified as a campaign expenditure. Cohen averred that Daniels’ story, coming on the heels of the Access Hollywood tape in which Trump bragged about sexually assaulting women, would have been “catastrophic” to his campaign.

    That seems doubtful in retrospect. Trump won the election despite the Access Hollywood tape and despite his well-known history of adultery, to which the alleged Daniels encounter merely would have added another chapter. And right now he seems poised to defeat Biden again, even though the Daniels story is common knowledge and even though a jury found him civilly liable for sexually assaulting and defaming E. Jean Carroll. But when it comes to proving that Trump should have recognized that the hush payment was an illegal campaign contribution, what matters is whether he was worried about the potential electoral impact of Daniels’ account, as opposed to the embarrassment it would cause or the damage it would do to his reputation, brand, and business.

    When Cohen asked Trump how his wife would respond to the Daniels story, Cohen testified, Trump did not seem concerned. “Don’t worry, he goes,” Cohen said. “He goes: ‘How long do you think I will be on the market for? Not long.’” In other words, Cohen said, “He wasn’t thinking about Melania. This was all about the campaign.” In fact, Cohen testified, Trump initially hoped to never pay Daniels. If he could stall her until after the election, Cohen said, “it wouldn’t matter” to Trump.

    If so, you might wonder, why would Trump be so keen to keep the story under wraps even after the election? The prosecution says he was trying to hide the fact that he and Cohen had violated Section 17-152 by violating the Federal Election Campaign Act. That theory hinges on several doubtful premises.

    As New York Times columnist David French notes, “the state election law that the prosecution cites may well be pre-empted by federal law and therefore be inapplicable to the case.” Even if the state law does apply, the prosecution’s theory assumes not only that Trump recognized Cohen’s payment to Daniels as an illegal campaign contribution but also that he knew it was a violation of Section 17-152—a provision so obscure that experts on New York election law say they have never seen a criminal case based on it.

    It seems quite unlikely that Trump knew anything about that law, let alone that he anticipated how it might be construed by New York prosecutors. And if he did not know he could be accused of violating Section 17-152, how could he have falsified business records with the intent of covering up that alleged crime?

    Juan Merchan, the judge presiding over Trump’s trial, presumably will clarify these issues when he instructs the jurors prior to their deliberations, which are expected to begin next week. But the case presents such a tangle of interacting laws and mens rea puzzles that Trump will have ample grounds for appeal if he is convicted.

    Those issues help explain why Bragg’s predecessor, Cyrus R. Vance Jr., decided, after long consideration, that state charges based on the Daniels payment were too iffy to pursue. Mark Pomerantz, a former prosecutor in Vance’s office who worked on the Trump investigation, concluded that “such a case was too risky under New York law.” In a 2023 book, Pomerantz noted that “no appellate court in New York had ever upheld (or rejected) this interpretation of the law.”

    Pomerantz, who was so keen to build a criminal case against Trump that he agreed to work on the investigation for free, is by no means the only Trump critic who is skeptical of Bragg’s case. “Numerous legal analysts, including people who are no friends of Trump, have expressed grave reservations about the case,” French notes, “in large part because of the difficulty of linking the falsified records to an additional, separate crime.”

    While French condemns Trump’s “morally repugnant” conduct, he emphasizes that “immorality alone doesn’t make him a criminal.” And he worries about the consequences of a conviction that is overturned on appeal. “Imagine a scenario in which Trump is convicted at the trial, Biden condemns him as a felon and the Biden campaign runs ads mocking him as a convict,” he writes. “If Biden wins a narrow victory but then an appeals court tosses out the conviction, this case could well undermine faith in our democracy and the rule of law.”

    The problem, of course, goes beyond public perceptions. If Bragg is prosecuting Trump in a desperate, last-ditch attempt to prevent him from reoccupying the White House—and that is certainly how it looks—he is abusing his powers and perverting the law. The case seems to exemplify the very sort of misconduct that Trump’s opponents fear he will commit if he wins the election.

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    Jacob Sullum

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  • 3 men from Virginia accused of roofing scam in San Mateo County

    3 men from Virginia accused of roofing scam in San Mateo County

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    SAN MATEO – Three men from Virginia are under arrest in San Mateo County after police said they took part in a roofing scam that defrauded elderly residents on the Peninsula.

    According to the San Mateo Police Department, officers launched an investigation in Nov. 2023. Investigators learned that a group of men who purportedly had “Irish accents” operated a fake construction company called “Statewide Roofing and Siding.”

    Police said the suspects used a fake contractor’s license, performed work that was likely not needed and overcharged for work that was not completed.

    Investigators worked with other police departments in San Mateo County and found additional victims of similar scams, police said.

    On May 7, San Mateo police received a report from another victim who said that he believed that the company he hired to fix the roof of his mother’s home was scamming him.

    The victim said after a “free” inspection, the company initially determined that minor repairs were needed. Eventually, the company said that additional work was needed and finally suggested that the entire roof needed replacement.

    Investigators learned that the suspects had used fake names and used another company name “Teco Roofing and Masonry”. All three suspects were contacted by police the next day and were arrested and booked into the San Mateo County Jail.

    san-mateo-roofing-scam-suspects-051624.jpg
    (L-R) Charlie Anderson, David Anderson and Darren Temple are accused of a roofing scam in San Mateo County. All three were arrested on May 8, 2024.

    San Mateo Police Department


    The suspects are identified as 22-year-old Charlie Anderson, 39-year-old David Anderson and 40-year-old Darren Temple. All three men are residents of Herndon, Virginia, a suburb in the Washington, DC metropolitan area.

    Police said the suspects are facing charges of theft from an elder or dependent adult, obtaining money by false pretenses, fraudulent use of a contractor’s license and conspiracy.

    Jail records show that all three men remain in the San Mateo County Jail as of Thursday, with their next court appearance set for May 22.

    Police said Thursday that they are searching for additional victims. Anyone who may have had roofing work done with the companies are asked to contact Officer Thornburg of the San Mateo Police Department at 650-522-7650. 

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    Tim Fang

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