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TALLAHASSEE, FLORIDA – Five defendants who were convicted of a conspiracy scheme to defraud the retirement accounts of elderly and retired Florida school district employees have been sentenced after three defendants pleaded guilty and two defendants were found guilty by a federal jury. Michelle Spaven, Acting United States Attorney for the Northern District of Florida, announced the sentences of the following defendants:
“Americans are fed up with the constant barrage of scams that maliciously target the elderly,” said Acting United States Attorney Spaven. “With the assistance of our dedicated law enforcement partners, we are committed to investigating and aggressively prosecuting those who seek to steal the hard-earned savings of our senior citizens.”
Evidence presented at trial and court records show that Vargas worked as a Retirement Specialist at a Tallahassee-based company that administers a retirement 401(k) savings program whose participants are comprised largely of Florida school district employees or prior employees. Between January 2022, and March 2022, Vargas conspired with siblings Grace Aguebor and Lambert Aguebor to steal the retirement funds from the accounts of elderly retired school district employees—some of whom were deceased. Through his position, Vargas had access to the retired employees’ personally identifiable information (“PII”) and oversaw the processing of withdrawal requests from the 401(k) accounts. Vargas provided Grace and Lambert with PII of elderly 401(k) participants whose retirement accounts appeared to be dormant so the PII could be used to prepare fraudulent withdrawal request forms for these accounts.
The fraudulent withdrawal request forms were then faxed to the company where Vargas worked so he could process them. Grace and Bostic personally faxed some of the fraudulent withdrawal request forms; in other cases, the fraudulent forms were given to other conspirators, including Levy, to fax. Once Vargas processed the forms, the stolen retirement funds were transferred to bank accounts controlled by Grace, Bostic, and other conspirators. In total, the conspirators withdrew and attempted to withdraw retirement funds from 25 different 401(k) accounts, resulting in a net total of $1.1 million actually being stolen.
Evidence presented to the jury showed that Bostic also served as a money launderer who received over half of the stolen funds into his personal bank accounts and those of his Tallahassee-based music promotion businesses. Bostic then transferred some of the stolen funds between his various bank accounts in an effort to conceal or disguise its nature, location, source, or ownership. Evidence also showed that Bostic used some of the stolen funds to purchase a residence and pay for his personal and business expenses. Bostic also withdrew over $400,000 worth of stolen funds in cash at various banks and ATMs in Tallahassee and central Florida. The jury also saw evidence which showed that Bostic communicated and coordinated with Lambert Aguebor about the transfer of the stolen funds and to arrange meetings in central Florida.
In addition to their prison sentences, the defendants were ordered to pay restitution totaling approximately $1,000,000 to the victims. The defendants’ imprisonment will be followed by three years of supervised release.
This case resulted from a joint investigation by the Tallahassee Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Justin M. Keen.
“Motivated by sheer greed, these individuals conspired to take advantage of Florida's public servants, and their punishments mark an important step in holding these fraudsters accountable,” said FBI Jacksonville Acting Special Agent in Charge Jason J. Carley. “Fraud and corruption pose a fundamental threat to our national security and our way of life, and the FBI and our partners will continue to identify and bring to justice anyone who takes advantage of hardworking Americans, and especially educators who dedicate their lives to supporting our children.”
“As law enforcement professionals, it is our duty to protect our community, especially our most vulnerable members, from those who seek to exploit them for personal gain,” said Chief Lawrence Revell of the Tallahassee Police Department. “This case is a clear example of how greed can drive individuals to harm others, and we remain committed to working alongside our federal partners to ensure those who commit such crimes are held accountable.”
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish, and other languages are available.
More information about the department’s efforts to help American seniors is available at www.justice.gov/elderjustice. For more information about the Consumer Protection Branch and its enforcement efforts visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints can be filed with the FTC at www.reportfraud.ftc.gov/ or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, at www.ovc.gov.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
United States Attorney’s Office
Northern District of Florida
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