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Date: 09-02-2021
Case Style:
Case Number: 3:20-cr-00082-MEM
Judge: Malachy E. Mannion
Court: United States District Court for the Middle District of Pennsylvania (Lackawanna County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Scranton, PA: Conspiracy to commit wire fraud criminal defense lawyer represented Defendant, Matthew Gershkoff, age 64, who was charged with for conspiring to commit wire fraud, and for aggravated identity theft offenses.
Gershkoff was convicted of preparing false invoices for nonexistent automobile repairs at multiple automobile repair shops located in Rhode Island and in Massachusetts, and for forging policy owners’ signatures. The invoices were sent to and paid by an automobile warranty company in Wilkes-Barre, Pennsylvania. Gershkoff pleaded guilty on May 18, 2020, to causing between $250,000 and $550,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company.
Three of Gershkoff’s coconspirators were convicted in this investigation:
Brian Larry, age 59, of Clark’s Summit, Pennsylvania, was convicted on May 10, 2021, following a jury trial, of mail fraud, wire fraud, aggravated identity theft, and false statement offenses. Larry was convicted of defrauding his former employer, the Wilkes-Barre based automobile warranty company, from approximately January 2014 through October 2018. Larry also was convicted of stealing the personal information of warranty policy owners and providing it to his coconspirators, who created false invoices for nonexistent automobile repair work supposedly performed at various garages in Rhode Island, Massachusetts, and Pennsylvania, including by forging the policy owners’ signatures on the paperwork. The false and forged documentation was then sent to the warranty company, where Larry approved payment of the invoices. During the course of the scheme, Larry and his coconspirators obtained approximately $400,000 paid out by the warranty company pursuant to the false invoices, including thousands of dollars in repair work for Larry’s personal vehicle that he charged to other policy owners. The evidence at trial showed that Larry then falsified internal warranty company documents in an attempt to conceal his crimes.
Herman Cabral, age 62, of Cranston, Rhode Island, pleaded guilty to conspiring to commit wire fraud, and was sentenced to 10 months of imprisonment and three years of supervised release. Cabral was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile detailing shop, A Plus Auto Services. Cabral pleaded guilty on July 23, 2019, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and was ordered to pay over $211,644.03 in restitution.
Jason Pannone, age 40, of North Providence, Rhode Island pleaded guilty to conspiring to commit wire and mail fraud, and to aggravated identity theft, and was sentenced to 18 months of imprisonment and two years of supervised release. Pannone was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile detailing shop, Platinum Auto Services, and through Ultra Auto Services, where he was employed. Pannone pleaded guilty on March 23, 2021, to causing between $95,000 and $150,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and was ordered to pay restitution of $128,667.16 to the victim of his crime
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Phillip J. Caraballo and Jeffrey St John prosecuted the case.
CONSPIRACY TO COMMIT Wire FRAUD
(1)
AGGRAVATED IDENTITY THEFT
(2)
Outcome: COURT REPORTER NOTES re Matthew Gershkoff filed by L. Boyanowski, RMR, CRR of Sentence before Judge Mannion on 9/2/21. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mannion on 9/2/21. By s/ L. Boyanowski, RMR, CRR. (Court Reporter Notes are viewable by court staff only). (cr5) (Entered: 09/02/2021)
Defendant was sentenced to 30 months in prison and ordered to pay $385,452.19 in restitution.
Plaintiff's Experts:
Defendant's Experts:
Comments: