NY / NJ VRS Arrest for Fraud with FCC

qwerty123

Active Member
Joined
Jan 27, 2005
Messages
1,319
Reaction score
0
Four Former Owners and Employees of Three Video Relay Service Companies Plead Guilty

Welcome to the United States Department of Justice

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, March 5, 2010
Four Former Owners and Employees of Three Video Relay Service Companies Plead Guilty to Defrauding FCC Program

Four former owners and employees of three different video relay service companies pleaded guilty today and yesterday to engaging in conspiracies to defraud the Federal Communications Commission’s (FCC) Video Relay Service (VRS) program of more than $2.5 million, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division.

The following defendants each pleaded guilty before U.S. District Court Judge Joel A. Pisano in Trenton, N.J., to one count of conspiracy to commit mail fraud:

* Kim E. Hawkins, 46, an owner of Nevada-based Master Communications, Arizona-based KL Communications and Texas-based Mascom LLC;
* Larry Berke, 62, Hawkins’s partner in KL Communications and employee of Master Communications;
* Alfia Iskandarova, 29, a former video interpreter (VI) for New York and New Jersey-based Deaf and Hard of Hearing Interpreting Services, Inc. (DHIS); and
* Robert Z. Rubeck, 34, of Surprise, Ariz.

Hawkins, Berke, Iskandarova and Rubeck were charged with engaging in schemes to steal millions of dollars from the FCC’s VRS program, along with 22 other people and one company, in six indictments unsealed on Nov. 19, 2009. According to the indictments, VRS is an online video translation service that allows people with hearing disabilities to communicate with hearing individuals through the use of interpreters and web cameras. A person with a hearing disability who wants to communicate with a hearing person can do so by contacting a VRS provider through an audio and video Internet connection. The VRS provider, in turn, employs a video interpreter to view and interpret the hearing disabled person’s signed conversation and relay the signed conversation orally to a hearing person.

VRS is funded by fees assessed by telecommunications providers to telephone customers, and is provided at no cost to VRS users. The FCC reimburses VRS providers at a rate of approximately $6.50 per minute, which amounts to approximately $390 per hour.

In pleading guilty, the four defendants admitted that they conspired with others to pay individuals to make fraudulent VRS phone calls and to process fraudulent VRS phone calls that were billed to the FCC through VRS provider Viable Communications Inc. Each defendant admitted to generating or processing thousands of illegitimate VRS minutes that were billed to the FCC. According to information contained in the plea documents, Hawkins, Berke and Iskandarova admitted that their role in defrauding the FCC’s VRS program led to a total loss of between $2.5 and $7 million. Rubeck admitted that his role in defrauding the FCC’s VRS program led to a total loss of between $1 and $2.5 million.

At sentencing, the defendants each face a maximum sentence of 20 years in prison, a fine of $250,000, as well as mandatory restitution and forfeiture. Sentencing is scheduled for June 28, 2010.

Hawkins and Berke were indicted along with Lisa Goetz and Dary Berke, employees of KL Communications; and David Simmons, an employee of Mascom LLC. Iskandarova was indicted along with Joshua Finkle and Irma Azrelyant, co-owners of DHIS; Oksana Strusa, DHIS bookkeeper and VI; and Natan Zfati and Hennadii Holovkin, both DHIS VIs. Rubeck was indicted along with Benjamin Pena, a consultant for Maryland-based Viable Communications Inc.; and Tamara Frankel, an employee of Pena. Finkle and Azrelyant pleaded guilty on Feb. 18, 2010, for their roles in the scheme and are scheduled to be sentenced on June 29, 2010.

The indictments charge owners and employees of the following six companies with engaging in a scheme to defraud the FCC’s VRS program:

* Viable Communications Inc., of Rockville, Md.;
* Master Communications LLC, of Las Vegas;
* KL Communications LLC, of Phoenix;
* Mascom LLC of Austin, Texas;
* Innovative Communication Services for the Deaf Corp. (ICSD), of Miami Lakes, Fla.; and
* Deaf Studio 29 of Huntington Beach, Calif.

An indictment is merely an accusation, and defendants are presumed innocent until proven guilty at trial beyond a reasonable doubt.

These cases are being prosecuted by Assistant Chief Hank Bond Walther and Trial Attorney Brigham Cannon of the Criminal Division’s Fraud Section. The cases are being investigated by FBI’s Washington Field Office, the U.S. Postal Inspection Service and the FCC Office of Inspector General.
 
Bad news, this hurts legit companies and makes them all look questionable.

It takes a bad apple to smell up the good ones.

Yiz
 
That is terrible, That is why serious not funny whoa FCC is strict.
 
Brothers John T.C. Yeh and Joseph Yeh, executives with Rockville deaf services company Viable, fraud trial delayed until fall.

Two former Viable executives — Anthony Mowl, former assistant vice president of business development, and Donald Tropp, former Viable human resources manager — have pleaded guilty to conspiracy to commit mail fraud. A sentencing date has not been scheduled.

Yeh brothers fraud trial delayed until fall
 
Thanks for the updates, interesting that they postpone to a "Possible" dates of Sept 15th. I cant recall somewhere that they are thinking of dropping this case due to complication on communication issues. I can see why it is possible due to 1974 act that requires speedy trial.

DHB
 
I wonder if Hawkins, Larry Berke, etc have been sentenced yet? Anyone know?
 
Upcoming trials and sentencing

Hello All:

Apparently the first case to come to trial is today, June 21, against BENJAMIN PENA of Arizona.

The federal court docket system (CM/ECF) shows sentencing for TROPP and MOWL (Viable) on 06/28/2010 at 10:30 AM.

Other sentencing:

June 28th 10 a.m.: FERNANDEZ and BUSCARON (ICSD); ZAPATA and ISKANDAROVA (DHIS); RUBECK (PENA)

June 29th 10 a.m.: FINKLE, AZRELYANT and ZFATI (DHIS); FRANKEL (PENA)

September 29th at 11 a.m. HOLOVKIN

Another trial for the Deaf Studio 29 defendants MARC VELASQUEZ VERSON, ELLEN THOMPSON, DORIS MARTINEZ set for September 13.

Oksana Strusa's case is being continued.

... and the YEH trial is unknown.

Anyone have any different or other information?

Pat
 
Hello All:

Apparently the first case to come to trial is today, June 21, against BENJAMIN PENA of Arizona.

The federal court docket system (CM/ECF) shows sentencing for TROPP and MOWL (Viable) on 06/28/2010 at 10:30 AM.

Other sentencing:

June 28th 10 a.m.: FERNANDEZ and BUSCARON (ICSD); ZAPATA and ISKANDAROVA (DHIS); RUBECK (PENA)

June 29th 10 a.m.: FINKLE, AZRELYANT and ZFATI (DHIS); FRANKEL (PENA)

September 29th at 11 a.m. HOLOVKIN

Another trial for the Deaf Studio 29 defendants MARC VELASQUEZ VERSON, ELLEN THOMPSON, DORIS MARTINEZ set for September 13.

Oksana Strusa's case is being continued.

... and the YEH trial is unknown.

Anyone have any different or other information?

Pat

Source, please
 
damn. my "friend" is listed there.
 
Ben Pena convicted by the jury on counts 1, 2, 3, 5, 6. Found not guilty on count 4. Verdict handed down at 2:45pm Eastern today. Trial ended at 3pm.

The jury spent about 2 hours in deliberations. Seemed they thought it was a straightforward cut-and-dried case — and so did the prosecution.

Sentencing set for October 13 at 10am Eastern. Pre-Trial Services will now prepare the all-important Pre-Sentencing Report (PSR) for the judge.

If he goes to prison, this PSR will affect his prison conditions. The PSR could still also recommended supervised parole (aka ‘probation’).
The judge will still make the final decision on an appropriate sentence.

Gov’t had 109 pieces of evidence with 4 witnesses vs. Ben’s defense with 5 pieces of evidence and 1 witness.

Gov’t needed only one day to present their case — and finished yesterday.

Defense took about 3 hours to present their side, then it went to the jury.

Jury asked 4 questions (by notes to the judge) during deliberations:

At 12:45pm: “Is email part of what is considered ‘mail fraud’?”

At 2:20pm: ‘Conspiracy to commit mail fraud’ — what constitutes the meaning thereof?’

‘Is conspiracy to commit mail fraud based solely on the two pieces of mail evidence. Exhibits 1 & 2.’

At 2:40pm: ‘How many copies of verdict sheet need to be filled out.’

I don’t know what the judge’s answer to these questions were unless I can read a transcript of the trial proceedings.

For the 2:20pm questions, conspiracy to commit mail fraud (count #4) is what the jury found him not guilty of.

I have a copy of the jury’s handwritten questions and the final verdict sheet, as well as a brief official court summary of today’s proceedings.

Ben’s case was the first to go to trial. There’s about a dozen more cases left to go to trial.
y3 First FCC fraud defendant found guilty
 
Very good information here.

Any word on Larry and Dary Berke since they are in AZ because Ben Pena is charged and he is in AZ too?
 
Hopefully no repost. Here's article from June 25, 2010.

As a trial in the federal criminal fraud case involving John T.C. Yeh and Joseph Yeh, executives with Rockville deaf services company Viable, has been delayed until the fall, a class-action lawsuit involving 140 former Viable employees seeking back wages has been active with motions to delay proceedings.

The lawsuit filed in U.S. District Court in Greenbelt seeks back wages of a total of some $500,000 owed as of a year ago, according to court documents filed in late May. The lawsuit names John Yeh, Joseph Yeh and Mary Yeh, John Yeh's wife; among the plaintiffs is Glenn Lockhart, Viable's former director of corporate communications....

Read more------> Click Here
 
Last edited:
Does anyone know about results in court today / yesterday?

Wondering if anyone knows anything about the sentencing of DHIS employees and owners today and yesterday. I have no idea where to find news.
 
Looks like no one was sentenced this week. Delays for pre-sentencing reports and transcripts of earlier hearings.

The only new date I see is:

Sept. 29, 11 a.m. for ROBERT ZAPATA and HENNADII HOLOVKIN

Pat
 
I learned when I saw one of those guilty defendants at NDPT in Atlantic City...I was told those of them already got guilty, but no prison time....Federal court is interested in those people returning monies back.
 
Back
Top