Earlier at the federal courthouse in the heart of Brooklyn, misconduct was unveiled - six individuals had been charged with defrauding court-appointed criminal defense attorneys. The unveiling centered around two indictments filled with allegations that painted a clearer picture of the crime. These six defendants had allegedly deposited stolen checks initially meant to cater for the time and expenses of their attorneys working on behalf of indigent defendants in the federal court.
Further, it was disclosed that three of the accused resorted to stealing an attorney's identity, using this unprotected identity to create bank accounts. These dramatic developments were planned to climax this afternoon, where five defendants will go before United States Magistrate Judge Taryn A. Merkl, leaving one still at large.
Context and Scale of The Fraudulent Scheme
Unfolding at the federal courthouse was a startling revelation pointing to the first charges in an ongoing investigation concerning the theft and deceptively depositing checks issued to federal criminal justice system participants.
This investigation has uncovered over $1 million in stolen checks from the Department of the Treasury intended for court-appointed criminal defense attorneys, paralegals, investigators, translators, court reporters, and jurors under the Administrative Office of the United States Courts. The same checks were deposited into unauthorized accounts in 2021.
The Players and Investigation Authorities
The United States Attorney for the Eastern District of New York Breon Peace, partnered with Inspector-in-Charge Daniel Brubaker, United States Postal Inspection Service, New York Division (USPIS), and Tammy Whitcomb Hull, Inspector General, USPS OIG. Together, they announced these charges. Mr. Peace also thanked the New York City Police Department and United States Marshals Service, appreciating their assistance in this case.
Impact on Criminal Justice Act Panel
The two indictments noted stolen checks designed to reimburse private attorneys serving on the Criminal Justice Act (CJA) Panel in the Eastern and Southern Districts of New York. When a criminal defendant falls short of affording an attorney, the court may delegate a member of the CJA Panel to handle the representation.
The Department of the Treasury then sends a check to the CJA attorney - the check, mailed to the attorney's recorded address, is on behalf of the Administrative Office of the United States Courts. A significant pain point occurs when a reimbursement check is misplaced or stolen - attorneys must wait months for a replacement. This process often leaves CJA attorneys uncompensated for a significant time as they wait for a new check.
Case Study of Defendants Activities
As suggested in the indictment and court documents, Ada Tavarez had posed as a CJA attorney and opened bank accounts with the said attorney's stolen identity. With fraudulent documents, Tavarez connivingly presented to a bank teller CJA attorney's data and added a fraudulent email address to the account paperwork.
Tavarez later deposited a stolen check worth over $125k into the accounts using a forged attorney's sign. Markel Washington and Tyquan Robinson jointly facilitated Tavarez's illicit agenda, contributing to the scheme in varying ways.
The defendants now face bank fraud charges and a conspiracy to commit both wire and bank fraud. Tavarez also bagged another charge of aggravated identity theft.
Further Fraud in Cashing Third-Party Checks
Between November 2020 and October 2022, as suggested in the indictment and court documents, three more defendants, Nicholas Barton, Richard Reid, and an unnamed co-defendant, cashed checks issued to third parties, having access and control over these accounts. Reid cashed one of the stolen checks, having been issued to a CJA attorney worth nearly $15k. These defendants enjoyed the proceeds from this stolen check by withdrawing cash, making purchases, sending payments amongst themselves and others via digital payments, and booking flights. Bank and wire fraud conspiracies are the charges levied against the defendants.
The indictments are considered allegations, and the defendants retain their presumption of innocence until proven otherwise. Assistant United States Attorney James R. Simmons is in charge of the prosecution, with assistance from EDNY Special Agents Anthony Cunder and Rebecca Sidhu.
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