Defendant Conducted Unauthorized Intrusion into a Government
Website, and Attempted to Defraud the U.S. Department of Defense and Pension
Benefit Guaranty Corporation
Earlier today, in federal court in Brooklyn, Dwayne C. Hans,
was sentenced by United States District Court Judge Sterling Johnson to 36
months’ imprisonment and ordered to pay $134,000.00 in restitution for
orchestrating a series of frauds between July 2015 and October 2016, including
by masquerading as an authorized representative of a U.S. financial institution
and as a defense contractor. Hans
previously pleaded guilty to one count of wire fraud and one count of computer
intrusion.
Richard P. Donoghue, United States Attorney for the Eastern
District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge,
Federal Bureau of Investigation (FBI), New York Field Office, and Robert A.
Westbrooks, Inspector General, Pension Benefit Guaranty Corporation (PBGC),
announced the sentence.
“Hans has been held accountable for engaging in brazen fraud
schemes intended to steal millions of dollars by using U.S. government
websites,” stated United States Attorney Donoghue. “Investigating and prosecuting cyber
criminals is a priority of this Office, in order to protect the integrity of
computer systems that help our government and the private sector operate.”
“Hans advanced his own interests at the expense of various
government entities responsible for distributing taxpayer dollars,” stated FBI
Assistant Director-in-Charge Sweeney.
“We have a responsibility to uphold the public’s confidence in the
security of both government and private sector computer networks. Today’s
sentencing brings us one step closer to achieving this goal.”
“We want to thank our
law enforcement partners and the U.S. Attorney’s Office for bringing to justice
those who attempt to steal from the Pension Benefit Guaranty Corporation,”
stated PBGC Inspector General Westbrooks.
“The PBGC protects the retirement benefits of more than 40 million
American workers and retirees. The
Corporation does not receive tax dollars and relies upon premium income. Our office will remain vigilant in
safeguarding PBGC insurance programs and the integrity of its web
applications.”
Between July 2015 and December 2015, Hans submitted bids to
the Defense Logistics Agency (DLA), an agency within the United States
Department of Defense, for contracts in the names of two different companies he
created. The contracts on which Hans bid
related to the provision of various items to the DLA, including electrical
measurement equipment. Hans falsely
claimed that those companies had numerous employees and were capable of filling
the contracts. In reality, the companies
had no employees and no ability to service the contracts. The DLA awarded at least 52 contracts, worth
approximately $533,209.70, to Hans’s companies and sent at least $11,999.32 to
those companies.
In early 2016, Hans created numerous bank accounts in the
name of a U.S. financial institution (Financial Institution 1). In April 2016, Hans accessed a website
maintained by the United States General Services Administration that allowed
companies that worked with the U.S. government to provide information about how
the government should disburse money to those companies. Hans modified payment information in an entry
associated with Financial Institution 1 in order to redirect payments to
accounts he controlled. As a result, a
U.S. government agency transferred approximately $1.521 million to Hans instead
of to Financial Institution 1. Those
transfers were ultimately detected and disrupted before Hans withdrew or
transferred the money.
In addition, between April 2016 and June 2016, Hans used a
computer to initiate electronic transfers of approximately $134,000 from two
corporate bank accounts held by Financial Institution 1. Hans directed the fund transfers to purchase
publicly traded stock, invest in real estate in Brooklyn and to pay utility
bills.
Finally, between June 2016 and October 2016, Hans accessed a
website maintained by the PBGC, a U.S. government agency that insures certain
pension plans, through which the administrators of pension plans can submit
claims for reimbursements. Hans, who was
not the administrator of any pension plan, created an account on the PBGC
website and then submitted requests to be reimbursed a total of $1.633 million
for expenses related to three pension plans.
The three plans for which Hans requested reimbursements did not exist,
and he had incurred no such expenses.
The PBGC detected the fraud before any payments were issued.
The government’s case is being handled by the Office’s
National Security and Cybercrime Section.
Assistant United States Attorney David K. Kessler is in charge of the
prosecution with assistance from the DLA and PBGC Office of Inspector General.
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