Georgia Food Equipment Hardware Manufacturer and Its Former President Agree to Plead Guilty to Customer Allocation Conspiracy

/PRNewswire/ -- A New York corporation, whose principal place of business is Newnan, Ga., and its former president have agreed to plead guilty to conspiring to allocate customers for the sale of food service equipment hardware, including walk-in refrigeration equipment, the Department of Justice today announced.

According to a one-count felony charge filed in U.S. District Court in Atlanta, Kason Industries Inc. and Peter A. Katz, its former president, participated in a conspiracy to allocate customers for food service equipment hardware sold in the United States and elsewhere from December 2004 until at least December 2008. The department said that the purpose of the charged conspiracy was to reduce and eliminate competition in the sale of the food service equipment hardware manufactured or sold by Kason Industries, Katz and their co-conspirators.

Food service equipment hardware includes fabricated parts, such as cafeteria hardware, equipment legs and casters, and fabrication supplies, and walk-in refrigeration components, such as metal racks, door hinges, handles, latches, closers and panel fasteners. According to the plea agreements, which are subject to court approval, Kason Industries and Katz have agreed to cooperate with the department's ongoing antitrust investigation.

According to court documents, Katz and co-conspirators agreed during meetings and telephone and e-mail discussions to allocate customers of food service equipment hardware; not to compete for one another's protected customers or to submit intentionally high prices or bids to certain customers; to exchange prices to customers so as not to undercut one another's prices; and to sell food service equipment hardware at collusive and noncompetitive prices.

Kason Industries and Katz are each charged with allocating customers in violation of the Sherman Act, which carries a maximum penalty of 10 years in prison and a $1 million fine for individuals and a $100 million fine for corporations. The maximum fines may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either of those amounts is greater than the statutory maximum fines.

Today's charge is the first to arise from an ongoing federal antitrust investigation of customer allocation in the food service equipment hardware industry. The investigation is being conducted by the Antitrust Division's Atlanta Field Office and the FBI's Atlanta Office.

Anyone with information concerning customer allocation or other anti-competitive conduct in the food service equipment hardware industry should contact the Antitrust Division's Atlanta Field Office at 404-331-7100 or visit www.justice.gov/atr/contact/newcase.htm.

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Former Georgia Attorney Sentenced to Prison for Multi-Million Dollar Real Estate Ponzi Scheme

STEVEN H. BALLARD, 53, of McDonough, Georgia, was sentenced November 5 by United States District Judge Thomas W. Thrash, Jr. to serve over five years in federal prison on a wire fraud charge involving a real estate investment scam that lasted over five years and defrauded a dozen victims in Georgia, Florida and Tennessee.

Clayton County District Attorney Tracy Graham Lawson said, “I am gratified that the U.S. Attorney’s Office was able to present the losses of so many victims to the Court, and thereby obtain justice for those who relied on this former attorney and his ‘legal’ papers. In Clayton County alone, our victims lost over $200,000, but there were more victims spread well beyond our county limits which were included in this federal prosecution.”

BALLARD was sentenced to five years, three months in prison to be followed by three years supervised release, and ordered to pay approximately $1.13 million in restitution to scheme victims. There is no parole in the federal system. BALLARD pleaded guilty to the charge on July 9, 2009.

According to Acting United States Attorney Yates and the information presented in court: From September 2002 through May 2006, BALLARD, a former McDonough-based real estate and business law attorney, operated a fraudulent real estate investment scam, commonly known as a “Ponzi” scheme. During the time of scheme he collected over $2 million from investors in Georgia, Florida, and Tennessee. In Georgia alone, he solicited funds from victims in Duluth, Dunwoody, Fayetteville, Jackson, Jonesboro, Newnan, Palmetto, Peachtree City, and Whitesburg. BALLARD falsely promised “lucrative” real estate and other investments which never took place, often preparing HUD-1 Settlement Statements, Warranty Deeds and Sales Contracts to reflect non-existent property purchases while using a portion of the scheme proceeds to repay former victim-investors and clients whose cases he had mishandled. BALLARD made reimbursements to victims only if they detected the scheme. All repayments were funded with money from new victim-investors.

BALLARD’s law license was suspended by the State Bar of Georgia in September 2005, and he was disbarred in May 2006.

This case was investigated by Special Agents of the Federal Bureau of Investigation and the Clayton County District Attorney’s Office, assisted by the Henry County Police Department and the Peachtree City Police Department.

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Newnan Woman Sentenced to Federal Prison for Embezzling More Than $1.2 Million from Wachovia Bank

Judy Yvette Rosser, 41, of Newnan, Georgia, was sentenced July 16 by United States District Judge Charles A. Pannell, Jr. to serve over three years in federal prison on a charge of embezzling more than $1.2 million from Wachovia Bank.

United States Attorney David E. Nahmias said of the case, "This defendant, who was a trusted and long-time employee of Wachovia Bank with access to the bank's general ledger system, violated the trust that the bank had placed in her by embezzling more than $1.2 million of the bank's money over the past eight years. She will now face the consequences of her abuse of trust in federal prison. "

ROSSER was sentenced to three years, five months in prison, to be followed by five years of supervised release, and ordered to pay $1,296,353 in restitution. On April 13, 2009, ROSSER pled guilty to a Criminal Information, which charged her with embezzlement by a bank employee.

According to United States Attorney Nahmias and the information presented in court: ROSSER was employed by Wachovia Bank for the past 22 years and worked at the bank's Atlanta Operations Center in Hapeville, Georgia, where her responsibilities included processing exception transactions, including suspense and expense items, within the bank's general ledger system. From August 2000 through January 2009, ROSSER electronically transferred a total of approximately $1.2 million of the bank's money into her personal checking account by creating and processing a complex series of fictitious debits and credits, which went undetected for over eight years.

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Beware Of Phony Voter Registration Schemes

(SPM Wire) While many Americans are showing civic pride and registering to vote, scammers see opportunities to ply their trade.

The experts at the Better Business Bureau (BBB) are warning Americans to be cautious with personal information to avoid phony voter registration drives.

"Voter registration laws vary by state and changes take place regularly, which creates the confusing environment that ID thieves thrive on," said Steve Cox of the BBB.

Such theft can be perpetrated through e-mail, phone and even in person:

Beware of phony e-mails appearing to be from government agencies, telling you to click to register to vote or resolve registrations issues. These links direct recipients to sites that install viruses or ask for personal information such as Social Security or bank numbers.

Remember, state government officials don't telephone you if there is an issue with registration, nor do they need bank account or credit card numbers to confirm your identity.

If registering in-person, always ask for proof of which organization the volunteer is with before providing information. While some states require Social Security numbers to vote, they never require bank account or credit card information.

If you think you've become an ID theft or voter registration fraud victim, contact your BBB (www.bbb.org) and file a complaint with the Federal Trade Commission at 877-FTC-HELP or www.ftc.gov/idtheft.

The U.S. Election Assistance Commission Web site (www.eac.gov/voter) offers information on state voter registration guidelines.

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News to Use in Fayetteville, Peachtree City, Newnan, Atlanta and all of Georgia

FIFTH SOLDIER FROM NORTH GEORGIA ARRESTED

SANDEO PABLO DYSON, 44, of Gainesville, Georgia, has been charged in a criminal complaint with arson and conspiracy to possess with intent to distribute cocaine. He is making an initial appearance today before a federal magistrate judge in Denver, Colorado to begin removal proceedings to Georgia.

United States Attorney David E. Nahmias said of the case, “This alleged arson relates to another case involving Army associates of this defendant, who is an Army medic. He has been arrested in Colorado and will be returned to Georgia to face justice.”

"Arson is a serious crime of violence, which often has a dramatic impact on the community" said Scott Sweetow, Acting Special Agent in Charge of ATF's Atlanta Field Division. "As alleged, it became clear to ATF that Mr. Dyson was considering an armed robbery/home invasion before we entered the picture. It is my hope that this investigation and prosecution will ensure that the alleged perpetrators will never commit or attempt to commit such crimes again."

According to United States Attorney Nahmias, the federal criminal complaint, and other information presented in court: This investigation started on January 2, 2007, when ATF began to assist the City of Atlanta Fire Department in its investigation of a fire at Club Onyx, an adult entertainment club at 1888 Cheshire Bridge Road in Atlanta. At the time of the fire, a surveillance system showed a male figure coming out of a bathroom/storage closet area in the rear of Club Onyx after the club had been locked and alarmed by management. This individual hugged the side wall, entered the kitchen, and then re-emerged only to walk beyond the range of the cameras. The fire started in the rear of the club and quickly spread with the use of an accelerant. The unknown male then fled out the exit door of the club nearest the location where the fire was set.

For many months, investigators were unable to develop any leads on the arson. A break in the case occurred in August and September, 2007, when the ATF and the FBI, working together, identified a subject from a competing club. That person ultimately confessed to paying DYSON $5000 to burn Club Onyx, which was siphoning away business as well as dancers from the other club. DYSON had allegedly told the subject, who became an informant, that he could “solve the Club Onyx problem.” DYSON was the head of a security company, “Perimeter Security,” and said that he was in the military, assigned to a facility in Dahlonega, Georgia, and a member of the Special Forces/Delta. DYSON claimed that many of his employees were also members of Special Forces/Delta, and were armed and well-trained.

Subsequent investigation showed that DYSON is in the U.S. Army, but is not Ranger-trained. In 2006 and 2007, he was a medic assigned to Camp Merrill in Dahlonega, but was recently transferred to Fort Carson in Colorado.

On November 8, 2007, the informant met with DYSON and made a consensuallymonitored recording of their encounter. DYSON admitted to burning Club Onyx and advised that he had used a home-made accelerant, the recipe for which DYSON had obtained from the so-called “Anarchist’s Cookbook.” According to DYSON, this accelerant would be undetectable to law enforcement investigating the fire. DYSON and the informant also discussed the possible armed robbery/home invasion of a narcotics stash house. From the nature of the conversation, it was obvious that this was not a new topic but had been discussed previously. DYSON was eager to participate in the home invasion, advising that he had approximately four other soldiers to assist him, and agreed to introduce these people to the informant. Four other Army defendants have been arrested in the armed robbery/home invasion scheme and their bond hearing before a United States Magistrate is scheduled to continue on February 4, 2008.

DYSON was arrested without incident yesterday by agents of the ATF and Army CID at Fort Carson, Colorado.
Members of the public are reminded that a criminal complaint only contains charges. The defendant is presumed innocent of the charges and it will be the government's burden to prove the defendant's guilt beyond a reasonable doubt at trial.

This case is being investigated by Special Agents of the ATF, assisted by the Federal Bureau of Investigation. Assistance has also been provided in this case by the U.S. Army Criminal Investigation Division and Atlanta Fire Department.

Assistant United States Attorneys Robert McBurney and Zahra Karinshak are prosecuting the case.

For further information please contact David E. Nahmias (pronounced NAH-meus), United States Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney's Office, at (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney's Office for the Northern District of Georgia is www.usdoj.gov/usao/gan.
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