PHILADELPHIA – United States Attorney William M. McSwain
announced that Vaughn Simon, 27, of Pearland, TX, was charged today by
Information with 22 counts of mail fraud, eight counts of wire fraud, two
counts of filing a false tax return, and one count of tax evasion.
The Information alleges that the defendant perpetrated a
scheme to defraud Cisco Systems Inc. (“Cisco”), the Neat Company (“Neat”),
iRobot Corporation (“iRobot”), APC by Schneider Electric (“APC”), Amazon.com
(“Amazon”), and other companies by engaging in a sophisticated warranty fraud
scheme. The charges state that the defendant and his co-schemers obtained
serial numbers to products sold or manufactured by Cisco, Neat, iRobot, and
APC. They allegedly proceeded to register false domain names, obtain false email
addresses, and submit false warranty claims, pretending to own products sold or
manufactured by these companies that they claimed were not working. The
Information alleges that the defendant provided customer service
representatives with descriptions of the non-existent defects that he knew they
could not solve by troubleshooting and would require replacement with new
products. Cisco, Neat, iRobot, and APC then shipped the replacement products to
the defendant and his co-schemers, which they promptly sold via eBay, on
Amazon, or through computer resellers.
The Information further alleges that the defendant and his
co-schemers defrauded Amazon by using false identities, domain names, email
addresses, and mailing addresses to order products that they falsely claimed
never arrived or arrived broken, thereby inducing Amazon to repeatedly send
replacement products. The defendant and his co-schemers then allegedly sold the
products obtained in this manner via eBay.
All told, the Information alleges that the defendant and his
co-schemers attempted to obtain more than $5,000,000 worth of products from the
victim companies, and successfully obtained more than $3,000,000 worth of Cisco
products, as well as products worth thousands of dollars from other victim companies.
The charges also allege that the defendant filed false tax
returns for tax years 2014 and 2016 in which he underreported his income by
approximately $95,000 and $212,000,
respectively, and evaded the payment of any income tax on the income he earned
from his fraud for tax year 2015 by, among other things, failing to file a
return, storing his fraud proceeds in bank accounts and PayPal accounts in the
names of co-schemers, storing cash at his residence, paying his personal living
expenses with cash, and using false email addresses, false domain names,
prepaid gift cards, and false identities to conceal his involvement in the
fraud scheme.
The defendant faces a maximum sentence of 821 years’
incarceration, a five-year period of supervised release, and a fine of
$8,250,000.
“As alleged, Simon committed a sophisticated warranty fraud
scheme in order to steal millions of dollars of merchandise,” said U.S.
Attorney McSwain. “Consumer warranties are designed to make honest consumers
whole, not to provide a means for fraudsters to line their pockets. We will
work tirelessly to investigate and punish this kind of disregard for the law.”
“Companies offer warranties in an effort to do right by
their customers,” said Michael J. Driscoll, Special Agent in Charge of the
FBI's Philadelphia Division. “Taking advantage of those programs to score
millions of dollars’ worth of free merchandise is nothing more than fraud.
Anyone engaged in a scheme like this should know that the FBI will be more than
happy to step in, shut it down, and hold you accountable.”
“Mr. Simon’s failure to report all of his income is
unlawful,” said IRS Criminal Investigation Acting Special Agent in Charge
Michael Montanez. “The American people can rest assured that IRS-CI works
vigorously to enforce our nation’s tax laws; ensuring that everyone is playing
by the rules and paying the taxes they owe.”
The case was investigated by the Federal Bureau of
Investigation and the Internal Revenue Service, Criminal Investigation
Division, and is being prosecuted by Assistant United States Attorney Michael
S. Lowe.
An Indictment, Information, or Criminal Complaint is an
accusation. A defendant is presumed innocent unless and until proven guilty.