United States v. Elliot Phillip Rosenberg
Court Docket Number: 3:14-cr-00121-MOC-DCK

On January 29, 2016, Elliot Phillip Rosenberg was sentenced to 8 years and 6 months of incarceration followed by 3 years of supervised release.  Rosenberg was also ordered to pay restitution in the amount of $8,993,019.81. It is important for you to know that just because the Court ordered the defendant to make restitution in this case does not mean that the defendant is financially capable of making restitution at this time. In the event that sufficient restitution payments are received from the defendant, the funds will be distributed by the Clerk of the United States District Court for the Western District of North Carolina.

On June 17, 2014, Elliot Phillip Rosenberg, a citizen of the United States and a legal foreign resident of Costa Rica and the owner and manager of two sweepstakes telemarketing call centers in Costa Rica, was indicted on one count of conspiracy to commit mail and wire fraud (Count 1: 18 U.S.C. § 1349), two counts of mail fraud (Counts 2 & 3: 18 U.S.C. § 1341), six counts of wire fraud (Counts 4-9: 18 U.S.C. § 1343), one count of conspiracy to commit money laundering (Count 11: 18 U.S.C. § 1956(h)), and six counts of international money laundering (Count 12-17: 18 U.S.C. § 1956(a)(2)(A)), all in connection with a Costa Rican telemarketing fraud scheme.

According to the indictment, beginning in or about 2010, Rosenberg owned and managed one or more call centers in Costa Rica engaged in a sweepstakes scheme directed at individuals residing in the United States. Rosenberg and his co-conspirators fraudulently induced victims to pay thousands of dollars by falsely representing that the victims had won valuable prizes. Rosenberg and his co-conspirators would continue to call and insist that additional payments be made for new fees until an individual either ran out of money or discovered the fraudulent nature of the scheme.

As a crime victim, you have the following rights under Title 18 United States Code Section 3771:(1) the right to be reasonably protected from the accused; (2) the right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) the right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) the right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) the reasonable right to confer with the attorney for the Government in the case; (6) the right to full and timely restitution as provided in law; (7) the right to proceedings free from unreasonable delay; and (8) the right to be treated with fairness and with respect for the victim's dignity and privacy Section 377I(c)(2) requires that we advise you that you have the right to retain counsel. Although the statute specifically sets forth your right to seek advice of an attorney with regard to your rights under the statute, there is no requirement that you retain counsel. The Government may not recommend any specific counsel, nor can the Government (or the Court) pay for counsel to represent you. Government attorneys represent the United States.

If you elect to obtain counsel to represent your interests in accordance with the Justice for All Act of 2004, please have your attorney notify this office in writing at: U.S. Department of Justice, Criminal Division, Fraud Section, 10th & Constitution Avenue, NW, Bond Building, Room 4416, Washington, DC 20530, Attention: Pamela Washington; (202) 514-7021 (fax). If you elect not to retain counsel to represent your interests you do not need to do anything.


Related case: Related case in the Western District of North Carolina, U.S. v. Dino Nastasi, et al. Court Docket Number: 3:15-cr-00213-FDW-DCK

Updated September 15, 2016