Indictment
Alleges Scheme to Fraudulently Charge Hundreds of Thousands of Mobile
Phone Customers for Text Messaging Services Without Their Knowledge or
Consent
Audrey
Strauss, the United States Attorney for the Southern District of New
York, Ramsey E. Covington, the Acting Special Agent-in-Charge of the
Boston Field Office of the Internal Revenue Service, Criminal
Investigation (“IRS-CI”), and William F. Sweeney Jr., Assistant
Director-in-Charge of the New York Field Office of the Federal Bureau of
Investigation (“FBI”), announced today that MICHAEL PEARSE, an
Australian national, and YONGCHAO LIU, a/k/a “Kevin Liu,” a Chinese
national, were extradited from Australia and arrived in the United
States yesterday. PEARSE and LIU were extradited on charges of
conspiracy to commit wire fraud, wire fraud, aggravated identity theft,
and, as to PEARSE, conspiracy to commit money laundering, stemming from
the defendants’ participation in a scheme to charge mobile phone
customers millions of dollars in monthly fees for unsolicited, recurring
text messages about topics such as horoscopes, celebrity gossip, and
trivia facts, without the customers’ knowledge or consent – a practice
that the defendants and their co-conspirators referred to as
“auto-subscribing.” The portion of the fraudulent scheme that PEARSE,
LIU, and their co-conspirators orchestrated generated more than $50
million in proceeds for themselves. PEARSE and LIU will be presented
and arraigned today before U.S. Magistrate Judge Debra Freeman. The
case has been assigned to U.S. District Judge Analisa Torres.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, Michael
Pearse and Yongchao Liu played key roles in an international consumer
fraud conspiracy that victimized hundreds of thousands of mobile phone
customers to the tune of more than $50 million. Thanks to IRS Criminal
Investigation and the FBI, as well as our international partners, Pearse
and Liu are now in the United States and facing serious charges in this
District.”
IRS-CI Acting Special Agent in Charge Ramsey E. Covington said:
“Through a sophisticated text messaging scam, the defendants and their
co-conspirators allegedly swindled more than $50 million in proceeds
from hundreds of thousands of unwitting mobile customers. Yesterday’s
extraditions continue the pathway to justice for the staggering number
of victims and financial losses accumulated as a result of this alleged
scheme. I applaud the collective efforts of the law enforcement
agencies whose collaboration and coordination made the extraditions
possible.”
FBI Assistant Director William F. Sweeney Jr. said: “Pearse and Liu
will finally face the consequences for the text messaging scheme they
were charged with more than five years ago. Their extradition is a
reminder that being out of our sight and out of our reach are two
different things.”
According to allegations in the Indictment[1], evidence presented at the trial of co-conspirator Darcy Wedd, and other public filings:
From in or about 2011 through in or about 2013, PEARSE, LIU, and
their co-conspirators engaged in a multimillion-dollar scheme to defraud
consumers by placing unauthorized charges for premium text messaging
services on consumers’ cellular phone bills, through a practice known as
auto-subscribing.
During the relevant time period, Lin Miao, a co-conspirator of PEARSE
and LIU, operated a company called Tatto, which offered premium text
messaging services – such as monthly horoscopes, celebrity gossip, and
trivia facts – to mobile phone customers. PEARSE and LIU worked for a
company called Bullroarer, which was affiliated with Tatto. PEARSE was
the CEO of Bullroarer and LIU was a Java development engineer for
Bullroarer. Co-conspirator Darcy Wedd operated Mobile Messenger, a U.S.
aggregation company in the mobile phone industry that served as a
middleman between content providers such as Tatto and mobile phone
carriers, and was responsible for assembling monthly charges incurred by
a particular mobile phone customer for premium text messaging services
and placing those charges on that customer’s cellular phone bill.
To carry out the scheme, co-conspirators at Tatto purchased large
numbers of mobile phone numbers from co-conspirators at Mobile
Messenger, who had access to those numbers by virtue of their
employment. PEARSE, LIU, and their co-conspirators then worked to have
unsolicited text messages sent to these and other mobile phone numbers
and to enroll those customers in premium text messaging services without
their knowledge or consent. PEARSE, LIU, and their co-conspirators
also took steps to conceal the fraud scheme by making it appear as if
the customers had, in fact, elected to purchase the text messaging
services, when in truth they had not.
The consumers who received the unsolicited text messages typically
ignored or deleted the messages, often believing them to be spam.
Regardless, the consumers were billed for the receipt of the messages,
at a rate of $9.99 per month, through charges that typically appeared on
the consumers’ cellular telephone bills in an abbreviated and confusing
form, e.g., with billing descriptors such as
“96633IQ16CALL8668611606” and “25184USBFIQMIG.” The $9.99 charge
recurred each month unless and until consumers noticed the charges and
took action to unsubscribe. Even then, consumers’ attempts to dispute
the charges and obtain refunds from Tatto, Bullroarer, or other
corporate affiliates of Tatto were often unsuccessful.
After obtaining proceeds of the fraud scheme, PEARSE worked with
other co-conspirators to launder the proceeds. PEARSE and his
co-conspirators distributed the proceeds of the fraud scheme among
themselves and others involved in the scheme by, among other things,
causing funds to be transferred through the bank accounts of a series of
shell companies and companies held in the names of third parties. This
was done in order to conceal the nature and source of the payments and
PEARSE’s and his co-conspirators’ participation in the fraud.
Through their successful orchestration of this fraud scheme, which
affected hundreds of thousands of consumers, PEARSE, LIU, and their
co-conspirators generated more than $50 million in fraud proceeds for
themselves.
* * *
PEARSE, 52, and LIU, 33, are each charged with one count of
conspiracy to commit wire fraud, in violation of 18 U.S.C. §§ 1343 and
1349, which carries a maximum penalty of 20 years in prison; one count
of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2, which also
carries a maximum penalty of 20 years in prison; and one count of
aggravated identity theft, in violation of 18 U.S.C. §§ 1028A and 2,
which carries a mandatory sentence of two years in prison, consecutive
to any other sentence imposed. In addition, PEARSE is charged with one
count of conspiracy to commit money laundering, in violation of 18
U.S.C. §§ 1956(a)(1)(B)(i), 1957, and 1956(h), which carries a maximum
sentence of 20 years in prison. The maximum potential sentences in this
case are prescribed by Congress and are provided here for informational
purposes only, as any sentencing of the defendants will be determined
by the judge.
Ms. Strauss praised the outstanding investigative work of IRS-CI and
the FBI. In addition, Ms. Strauss thanked law enforcement partners in
Australia, particularly the International Crime Cooperation Central
Authority, Australian Federal Police, and the New South Wales Police
Force, as well as the U.S. Department of Justice’s Office of
International Affairs, for their support and assistance with the
defendants’ extraditions.
The prosecution of this case is being handled by the Office’s Complex
Frauds and Cybercrime Unit. Assistant U.S. Attorneys Jilan Kamal and
Olga Zverovich are in charge of the prosecution.
The charges in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.