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Description: Buffalo, New York criminal law lawyer represented Defendant charged with theft of government property, which carries a maximum penalty of 10 years in prison and a $,250,000 fine.
On May 18, 2020, Mohammad Fares, age 28, submitted an online application to the New York State Department of Labor for unemployment insurance benefits, stating that he did not work any day during the week of May 18, 2020; that he did not have gross earnings over $504; that his last day of work was March 21, 2020; and that his workplace had closed due to the COVID-19 pandemic. At the time, Fares co-owned a trucking company in Buffalo, for which he managed truck drivers and coordinated shipments. On June 11, 2020, Fares received $3,600 in Federal Pandemic Unemployment Compensation benefits. Every week through May 2, 2021, Fares certified to that he did not work during the prior week and had not returned to work. In doing so, Fares certified his continued eligibility for Federal Pandemic Unemployment Compensation and NYS Department of Labor unemployment benefits. During this time period, Fares continued to manage the trucking company. Fares received, in total, approximately $43,320 in unemployment benefits and Federal Pandemic Unemployment Compensation.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. It expands states’ ability to provide unemployment insurance for many workers impacted by COVID-19, including for workers who are not ordinarily eligible for benefits. The CARES Act provided for three new UI programs: Pandemic Unemployment Assistance (PUA); Federal Pandemic Unemployment Compensation (FPUC); and Pandemic Emergency Unemployment Compensation (PEUC).
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Region, under the direction of Special Agent-in-Charge Jonathan Mellone and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury.
Sentencing is scheduled for March 7, 2022, before Judge Vilardo.
18 U.S.C. 641 provides:
Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or
Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—
Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
The word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.
Outcome: 10/28/2022 24 WAIVER OF INDICTMENT by Mohammad Fares (SG) (Entered: 10/31/2022)
10/28/2022 25 INFORMATION as to Mohammad Fares (1) count(s) 1. (SG) (Entered: 10/31/2022)
10/28/2022 26 PLEA AGREEMENT as to Mohammad Fares (SG) (Entered: 10/31/2022)
10/28/2022 27 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Waiver of Indictment and Plea Hearing as to Mohammad Fares held on 10/28/2022. Defendant sworn. Waiver of Indictment reviewed and accepted by the Court. Plea entered by Mohammad Fares (1) Guilty to one count Information in violation of 18 United States Code § 641. Court accepts defendant's plea of guilty and adjudges defendant guilty of Count 1. Court defers acceptance of the plea agreement. Sentencing set for 3/7/2023 at 9:30 AM in U.S. Courthouse, 2 Niagara Square, Niagara Courtroom, 8th Floor West, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. ***THE FAILURE TO ADHERE TO THE FOLLOWING DEADLINES WILL RESULT IN AN ADJOURNMENT OF THE SENTENCING*** Presentence Report to Parties due by 1/17/2023. Sentencing Factors Statements/Sentencing Motions due by 1/27/2023. Objections to the PSR, including proposed Supervised Release conditions/Responses to Sentencing Factors Statements/Motions due by 2/10/2023. Character Letters due by 2/17/2023. Presentence Report to the Court due by 2/17/2023. Motion to Adjourn is due by 2/21/2023. Government will submit a preliminary order of forfeiture to the Court. Government has no objection to defendant remaining released on conditions previously imposed. Attorney Dell does not object. Court finds by clear and convincing evidence, that exceptional reasons exist, and orders defendant released pending sentencing on same conditions previously imposed. Appearances. For government: AUSA Charles M. Kruly. For defendant: Paul G. Dell. Defendant present. -PROBATION NOTIFIED OF PLEA- (Court Reporter Ann M. Sawyer.)(CMD) (Entered: 11/01/2022)
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