Jorge Droz Yapur and Yamil Fonseca Salgado were indicted Tuesday by a federal grand jury in connection with separate bankruptcy fraud schemes, U.S. Attorney W. Stephen Muldrow announced.
Droz Yapur was charged in a bankruptcy fraud scheme with making material misrepresentations from May 2019 to August 2021 to defraud creditors as part of a bankruptcy proceeding, in relation to: Jorge Droz Yapur, Case no. 19-02999 (MCF), all in violation of 18 USC § 157. In addition, he is charged with nine counts of concealing assets during his bankruptcy proceedings in violation of 18 USC § 152, and eight counts of making statements false in connection with said bankruptcy proceedings. bankruptcy, in violation of 18 USC § 152.
The indictment alleges that during his bankruptcy proceedings, Jorge Droz Yapur hid assets and income by using a bank account in the name of his grown son. He also alleges that Jorge Droz Yapur declared under oath that his mother was in a nursing home and filed Puerto Rico tax forms as part of the bankruptcy proceedings in which he claimed his mother as a dependent between 2015, 2016, 2017 and 2018, when in fact he knew that his mother had passed away in 2011.
If convicted, Jorge Droz Yapur faces up to five years in prison for each violation of 18 USC § 157 and § 152, a $250,000 fine, and three years of supervised release.
Separately, Yamil Fonseca Salgado was indicted in a bankruptcy fraud scheme in which he allegedly made material misrepresentations between April 2018 and May 2022 in five separate bankruptcy cases to defraud his minor son of child support payments. children, all in violation of 18 USC § 157. In addition, he is charged with one count of willful failure to pay approximately $107,200 in child support payments in violation of 18 USC § 228, and thirteen counts of statements of fake. during your bankruptcy proceedings, in violation of 18 USC § 152.
The indictment alleges that Yamil Fonseca Salgado hid, in several bankruptcy filings, his assets, income and connection to a maintenance company called CMM Janitorial, Inc. The indictment further alleges that Yamil Fonseca Salgado concealed, in several bankruptcy filings, the bankruptcy, which received money transfers through ATH Móvil from the bank account of a construction company controlled by close relatives. A construction company in turn collected money from the public housing management company for which Yamil Fonseca Salgado worked, and which also received money through the use and control of a Banco Popular de Puerto Rico bank account in his grandmother’s name , where he had access to funds. for routines and personal expenses.
If convicted, Yamil Fonseca Salgado could be sentenced to up to two years for each violation of 18 USC § 228, five years in prison for each violation of 18 USC § 157 and § 152, a fine of two hundred fifty thousand dollars, and three years of probation .supervised.
“The fraudulent use of bankruptcy and other court proceedings to defraud creditors or cheat children out of child support payments is a serious concern, and the United States Attorney’s Office, along with United States Attorney Muldrow and partners our law enforcement, we will continue to prosecute bankruptcy fraud and abuse,” said Mary Ida Townson, United States Administrator for Georgia, Florida, Puerto Rico and the Virgin Islands (Region 21).
“I am grateful for the U.S. Attorney’s appointment of two Special Assistant U.S. Attorneys from our San Juan office that will allow us to prosecute all those who engage in fraudulent conduct,” she added.
The United States Bankruptcy Administration Program is the component of the Department of Justice that protects the integrity of the bankruptcy system by overseeing case management and conducting litigation to enforce bankruptcy laws.
“As the primary investigative agency responsible for dealing with bankruptcy fraud, the FBI takes these cases very seriously. The relief provided by federal bankruptcy proceedings can be a lifesaver for honest people who have fallen on hard times for legitimate reasons. Unfortunately, bankruptcy can also be used by criminals for a variety of nefarious reasons,” said Joseph Gonzalez, special agent in charge of the FBI’s San Juan field office.
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“This not only causes creditors to lose money, but also leads to higher fees and even higher taxes for the innocent. We encourage the public to report bankruptcy fraud by contacting the United States Trustee Program at [email protected] or by calling the FBI at 787-987-6500 or visiting tips.FBI.gov,” he added.
“We are proud to be part of the team that brought defendant Fonseca Salgado to justice for evading child support obligations. The Office of the Inspector General will continue to work closely with our law enforcement partners to ensure that individuals like the defendant are held accountable for their actions when they break the law,” said Scott Lampert, Special Agent in Charge of the Regional Office. New York of the Office of the Inspector General, which thus covers Puerto Rico.
Both cases were referred to the United States Attorney’s Office for prosecution by the US Attorney’s office in San Juan. The case of Jorge Droz Yapur was investigated by the FBI and is being prosecuted by Special Assistant United States Attorney José Capó Iriarte of the United States Office of Administration. The case of Yamil Fonseca Salgado was investigated by the Inspector General of the United States Department of Health and Human Services (HHS-OIG) and is being prosecuted by Special Assistant United States Attorney José Capó Iriarte and Special Assistant US Attorney United José Díaz Vega. Office of the United States Administrator.
An indictment is just an accusation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.