Foreign National Pleads Guilty in Mail Fraud Scheme

A foreign national pled guilty to orchestrating an international mail fraud scheme.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Delany De-Leon Colon, Acting Inspector in Charge, United States Postal Inspection Service (USPIS), Miami Division, made the announcement.  

Cristian Mariano Pardo, 30, and Jorge Gabriel Barca, 33, both of Buenos Aires, Argentina, were indicted in West Palm Beach on a single count of conspiracy to commit mail fraud, in violation of Title 18, United States Code, Section 1341 and fifteen counts of mail fraud, in violation of Title 18, United States Code, Sections 1349.   Barca has not been arrested and remains a fugitive.  Pardo pled guilty to the conspiracy to commit mail fraud and a single count of mail fraud.  Pardo faces up to 20 years in prison on each of the two counts of conviction, plus $250,000 in fines and mandatory restitution as to each charge. 

According to the indictment and court records, between September 2008 and September 2015, Pardo and Barca operated telemarketing call centers or “boiler rooms,” in Argentina that targeted Spanish-speaking consumers residing in the United States.  The defendants obtained the names of these consumers from lead lists which they had purchased in Argentina.  The lists included names of consumers who had previously made online or direct mail purchases of various items, including items sold on Spanish language television, such as English classes.

The telemarketers, acting at the direction of the defendants, would call Spanish-speaking U.S. residents to tell them that they would be receiving a small parcel in the mail that the consumers had ordered.  The callers would state that if the consumers failed to pay for the cost on delivery (C.O.D.) package – typically a charge of $500 - they would be subject to lawsuits, expensive attorney’s fees and court costs, arrest, deportation, and/or have their credit ruined.

In truth, these consumers had not ordered any merchandise, and only paid the $500 demanded for the C.O.D. because of the numerous threats made by the boiler room callers.   

When consumers refused delivery of a package sent by the defendants’ companies, they frequently were contacted again by the Argentinian telemarketers, who often identified themselves as attorneys.  The callers reiterated that the consumers had agreed to receive the products and pay for them, and again threatened the consumers if they refused to accept the packages, including threats of lawsuits, expensive court and attorney’s fees, arrest, deportation, and that the consumer’s credit would be ruined. 

As a result of these threats, numerous consumers paid an average of $500 for products of nominal value that they in fact had never ordered, fearing the consequences of failing to do so.  In order to avoid detection and the filing of consumer complaints, Pardo and Barca changed the names of their companies frequently, and at one point moved the operation from West Palm Beach to Los Angeles, CA.  During the course of the conspiracy, Pardo and Barca, through their companies, collected proceeds from the targeted consumers of over $1 million.

Mr. Ferrer commended the investigative efforts of USPIS.  This case is being prosecuted by Assistant U.S. Attorney Lauren Jorgensen.

An indictment is only an accusation and a defendant is presumed innocent until proven guilty.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.