According to the indictment filed in the Southern District of New York, Bob and Nadine Menendez were bribed by three Egyptian businessmen: Will Hana, Jose Uribe and Fred Daibes. The latter allegedly offered the couple several hundred thousand dollars in exchange for economic protection of their interests.

A years-long bribery scheme between the co-defendants allegedly led the senator heading the Senate Foreign Relations Committee to use his influence to promote arms exports to Egypt in exchange for bribes that benefited him directly and indirectly through his wife.

Robert Menendez and his wife are charged with several federal offences: Conspiracy to Commit Bribery[1], Conspiracy to Commit Honest Services Fraud[2] and Conspiracy to Commit Extortion Under Color of Official Right[3].

Specifically, according to the indictment, Robert Menendez used his influence to provide the US government with sensitive information to help the Egyptian army. Robert Menendez also allegedly advised and pressured a US Department of Agriculture official to protect a commercial monopoly granted to Mr. Wael Hana by Egypt.

In addition, Bob Menendez allegedly promised to use his influence and power in seeking to interfere in a criminal investigation initiated by the New Jersey Attorney General’s office concerning Jose Uribe, one of the co-defendants who offered a Mercedes-Benz C-300 to Nadine Menendez.

Finally, Robert Menendez allegedly used his influence by recommending President Joe Biden to appoint an individual to the position of U.S. Attorney for the District of New Jersey, potentially allowing Bob Menendez to interfere with the federal criminal prosecution of Fred Daibes, another co-defendant.

In June 2022, the FBI executed a search warrant in the couple’s house in New Jersey. The FBI reportedly found the alleged benefits of the bribery scheme : a luxury vehicle, household furnishings, over $480,000 in cash, much of it slipped into envelopes and hidden in clothing. Over $70,000 was also found in Nadine Menendez’s safe. Some of the envelopes contained Fred Daibe’s fingerprints and/or the DNA of his driver. Other envelopes were found in jackets bearing the name “Menendez” and hanging in his closet.

At a press conference, the U.S. Attorney for the Southern District of New York, Damian Williams, pointed out that the senator’s official website explicitly details the list of services he could not ethically provide to his constituents under any circumstances : “Compel an agency to act in your favor or speed up the processing of your case”, “reverse or influence decisions made by private companies”, “intervene in court cases…”.

The senator entered his not-guilty plea in federal court in New York on Wednesday, 28^th of September.

Sen. Menendez, is facing three different counts, each of which carries serious potential penalties. In addition to significant financial penalties, the first count of conspiracy to commit bribery carries a maximum sentence of five years in prison, the count of conspiracy to commit honest service carries a maximum sentence of 20 years in prison, and the last count of conspiracy to commit extortion under color of official right carries a maximum sentence of 20 years in prison.

This article was written by Marie-Lou Serna, of the Law Office of Matthew Galluzzo PLLC, with the assistance of Matthew Galluzzo.

[1] In violation of Title 18, United States Code, Section 201(b)(1)(A) and (C)

[2] In violation of Title 18, United States Code, Section 1349

[3] In violation of Title 18, United States Code, Section 1951.

According to a Department of Justice press release, David Butziger and David Staveley sought over half a million in forgivable loans for various businesses that either were no longer operating, for which they had no employees, or in which they held no ownership stake. Though they have not yet been indicted, they have been charged by way of criminal complaint Conspiracy to Make a False Statement to Influence the SBA (18 U.S.C. § 371), Conspiracy to Commit Bank Fraud (18 U.S.C. § 1349), and Bank Fraud (18 U.S.C. § 1344[2]). Though it is difficult to estimate the prison penalties they may be facing, a fraud involving $500,000 might put them at an offense level of 18 for purposes of the Federal Sentencing Guidelines. As such, they might be facing a Guideline sentence of 18-24 months in prison following a guilty plea. However, there is no statutory minimum sentence, so they could receive in theory receive probation.

This arrest and prosecution should serve as a serious warning to any small business owners considering submitting false or exaggerated applications. However, it will be interesting to see whether the federal authorities will start making arrests or threatening to prosecute individuals whose applications might contain sloppy mistakes rather than outright falsehoods. Without the assistance of a competent accountant, or with a fluctuating and/or seasonal payroll, one could easily envision a small business owner submitting an “honest” application that raises eyebrows from SBA administrators.

If you have been contacted by law enforcement or federal investigators about a federal stimulus application you submitted for your business, you should strongly consider contacting Matthew Galluzzo, an experienced federal criminal defense attorney and former Manhattan prosecutor. He will take the time to understand your business so he can respond intelligently to investigators, and he is respected by federal investigators and judges throughout New York. Most importantly, he will defend you like you’re family.

The crime of wire fraud occurs when someone voluntarily and intentionally uses an interstate communications device (such as a telephone) as a part of any scheme to defraud another of property, or anything else of value.

The main criminal statutes that apply to wire fraud are 18 U.S.C. §§ 1343 and 1349. Those statues refer to fraud by wire, radio, or television.

Section 1343 defines as guilty of wire fraud: “Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster ….. or emergency or affects a financial institution.”

Therefore, to be criminally culpable under 18 U.S.C. § 1343, a defendant must have intentionally and voluntarily used a communication device that sends information over state lines as part of a scheme to defraud another out of money or other valuables. It can involve the use of a landline telephone, cell phone, computer, tablet, or another electronic device.

U.S.C. 1349 applies to attempts to commit wire fraud. Indeed, “[a]ny person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.”

A person could be charged with wire fraud if the following four elements of the crime are established: (i) the person voluntarily or intentionally participated in or devised a scheme to defraud someone of money or other valuables; (ii) the person did so with the intent to defraud the person. Moreover (iii) It was reasonably foreseeable that interstate wire communications would be used, (iv) in the scheme.

The wire fraud statute does not make an explicit reference to materiality. Yet materiality is an element of the offense, because at the time of the statutes’ enactment, the word “defraud” was understood to “require a misrepresentation or concealment of [a] material fact.” Thus, other than in an honest services context, a “scheme to defraud” for mail or wire fraud purposes must involve a material misrepresentation of some kind. material if it is capable of influencing the intended victim.”

Wire fraud can involve many different schemes to defraud a person using electronic communications such as emails, webpages, and social media. The federal wire fraud statute specifically mentions wire, radio, and television communications, but it also includes many fraud offenses involving computers and the internet. The information transmitted can be any writes, signs, signals, pictures or sounds used in the scheme to defraud. In order for wire fraud to take place, the person must voluntarily and knowingly make misrepresentations of facts with the intent to defraud someone of money or property.

Fraudsters use various methods to get personal credentials and passwords including:

• Malware: Malware (short for “malicious software”) is designed to gain access, damage or disrupt a computer without the knowledge of the owner.
• Phishing: Phishing is a scam typically carried out through unsolicited email and/or websites that pose as legitimate sites and lure unsuspecting victims to provide personal and financial information.
• Vishing and Smishing: Thieves contact bank or credit union customers via live or automated phone calls (known as vishing attacks) or via text messages sent to cell phones (smishing attacks) that may warn of a security breach so as to obtain account information, PIN numbers and other account information they need to gain access to the account.
• Accessing Email Accounts: Hackers gain illicit access to an email account or email correspondence through spam, computer virus, and phishing.

For example, creating a webpage to ask for donations for a charity or a personal tragedy that is fraudulent could be prosecuted as a wire fraud. Moreover, stealing bank and other financial information to transfer money out of a person’s bank and other financial accounts, to make charges on his credit cards, or to take out credit cards in his name, or sending a mass email to a person’s email contacts with a tragic story as to why the person needs money immediately are other examples of wire fraud.

Wire fraud is a federal crime. Since November 1, 1987, federal judges have used the Federal Sentencing Guidelines to determine the sentence of a guilty defendant. A judge will look at the “base offense level” and then adjust the sentence based on the specific characteristics of the crime. With all fraud offenses, the base offense level is six. However, other factors will then influence that number, including, for example, the dollar amount stolen, how much planning went into the crime and the victims that were targeted.

Thus, for example, a wire fraud scheme that involved the theft of $300,000 through an intricate scheme to take advantage of the elderly will score higher than a wire fraud scheme that an individual planned in order to cheat their employer out of $1,000.

Other factors that will influence the final sentencing “score” include the defendant’s criminal history, whether or not the defendant tried to impede the investigation, and whether the defendant willingly helped investigators catch other people involved in the crime.

Usually, a person convicted of wire fraud faces significant potential penalties. A single act of wire fraud can result in fines and up to 20 years in prison. However, if the wire fraud scheme affects a financial institution or is connected to a presidentially declared disaster or emergency, the potential penalties are fines of up to $1,000,000 and up to 30 years in prison.

If you or a loved one have been accused of a federal wire fraud charge, you should strongly consider contacting the experienced federal criminal defense attorneys at the Law Office of Matthew Galluzzo.