Former special agents sentenced to 8 months in prison for fraud

[Judi Lynn]

Source: Washington Post

Former special agents sentenced to 8 months in prison for fraud
By Josh Hicks, Wednesday, June 19, 7:34 PM

A federal judge on Wednesday sentenced two former special agents for the Commerce Department Office of the Inspector General to eight months in prison for submitting false expense claims and clocking hours they didn’t work.

Judge Charles B. Day, of the U.S. District Court for the District of Maryland, ordered Rachel Ondrik, 35, of Frederick, and Kirk Yamatani, 38, of Ashburn, into federal custody immediately after their sentencing.

“It’s extremely rare in my experience for law enforcement officers to not be afforded an opportunity to self-surrender,” said attorney Steven Levin, who represents Yamatani. “We intend to appeal the sentence as well as the order for immediate detention.”

Levin said the prosecutors had not asked for prison terms and that they stated on the record that probation would be appropriate for the defendants.


Read more: http://www.washingtonpost.com/politics/federal_government/former-special-agents-sentenced-to-8-months-in-prison-for-fraud/2013/06/19/f53e4f2a-d930-11e2-a9f2-42ee3912ae0e_story.html

[BlueJazz]

1. For first time offenders...seems rather harsh.

[24601]

2. Good for the Judge. Even though they didn't knock over a liquor store, their crimes merit

the punishment. Eight months in prison isn't excessive for ripping off the taxpayers. I am, however, concerned that the Judge didn't honor the terms of the plea agreement.

As a civil servant, my tolerance for the rotten apples in our ranks is low. Here are some of the details:

“In addition to the fraud perpetrated on the U.S. taxpayers, these now former employees also retaliated by carrying out a destructive campaign of disparagement and false allegations against the Office of Inspector General (OIG).” Mr. Zinser added, “I commend the U.S. Attorney’s Office and the FBI for their diligent efforts and perseverance in conducting this investigation.”

"For example, Ondrik and Yamatani claimed $4,058.75 and $3,589, respectively, for househunting trips, when in fact, they did not make a househunting trip during the time claimed. Ondrik and Yamatini each also falsely claimed more than $1,500 for travel to their new duty station and falsely claimed reimbursement for temporary quarters living expenses in an amount that was approximately three times what they were authorized. In all, Ondrik and Yamatani each submitted at least three false vouchers seeking reimbursement for $39,563.25 and $36,305.57, respectively. When Ondrik and Yamatani’s claims for reimbursement were denied as being over what the travel regulations allowed, Ondrik and Yamatani persisted in their claims. On several occasions between 2009 and 2011, Ondrik and Yamatani reaffirmed the earlier false statements in their vouchers and made false statements regarding the circumstances of their claims for reimbursement."

"Between June 2009 and February 2011, Ondrik and Yamatani also committed time and attendance fraud against DOC-OIG, claiming to have worked hours that they did not actually work. The loss to the government attributable to each defendant’s conduct was approximately $14,000."

Source: http://www.fbi.gov/baltimore/press-releases/2013/two-former-special-agents-with-department-of-commerce-office-of-inspector-general-plead-guilty-to-submitting-false-claims-for-relocation-expenses-and-to-time-and-attendance-fraud

[BlueJazz]

3. Seems to me that Americans put too many of their non-violent citizens in prison.

I agree that 8 months is not long but these men will suffer years and years of punishment after they are released.

I still think that's too hash for the crime.

on edit: spelling

[mpcamb]

4. Seems to me too many of them walk

or pay a nominal fine.

[BlueJazz]

5. Something is very wrong when a country such as the USA has such a large percentage..

...of it's populace behind bars.

[mpcamb]

6. No argument there. But they're not there for fraud.

Non- violent offenders are taking up a lot of jail space that could be housing people who have violated the public trust, stolen and misused public money and perpetrated fraud in white collar crimes. Too many of that group walk.

[BlueJazz]

7. True but that's what is so unfair about this sentence. Fraudsters screw the American people..

...constantly, whether they run/work in public or private sector (s)
These guys deserve punishment but not have their lives and possibly their families ruined while others walk for more serious offenses.

I don't have any answers..only questions

[mpcamb]

11. "..that's what is so unfair about this sentence. Fraudsters screw the American people.."

Can't agree.

So these guys "submitted at least three false vouchers seeking reimbursement for $39,563.25 and $36,305.57",and "committed time and attendance fraud" to the tune of $14,000 each.

That strikes me as a hefty misuse of public money and it strikes me as fraud and as screwing the American people.

[BlueJazz]

12. I think it's detrimental to punish some for crimes and not punish others for the same infractions.

It creates a disdain and even hate for the so-called Justice system.

If it were up to me, they would still be on the job, paying back the money they owe plus a hefty fine and the promise of a 5 year sentence if "history repeats itself".

[24601]

9. We do lock up quite a few. On the other hand, we have had a tendency to go easier on white-collar

crimes to the detriment of the relatively poor and/or disadvantaged and ethnic disparities are common. I don't know their color or race, faith, national origin, etc.

In addition to taking it personally because I'm a civil servant, the aggravation I infer is that that they were in positions of authority and even law enforcement carrying badges & guns. So a hypocrisy factor is in play.

I didn't see it addressed but just reading between the lines, the articles didn't imply that either individual was suffering any special financial hardships that would mitigate the crimes.

[gopiscrap]

8. fucking pigs

no one in the federal system gets to go on their own recognizance once sentenced. It's just because they're fucking asshole law enforcement that they think they should be given special consideration.

[KT2000]

10. Yeah!!!

I used to work for a federal agency (Dept. of Commerce) and part of my job was processing travel reimbursement. I routinely disallowed expenses that were fraudulent and the people were only paid what was allowed.

Enter Ronald Reagan. He centralized processing and it was all done on computer. People were paid what they submitted.

[drdbkarron]

13. Ondrik and Yamatani

I believe there is a lot more to this case than just someone doing the travel reimbursement incorrectly.
The details of the case speak volumes. There is an ongoing house cleaning at the DoC OIG that this is
just a part of.

[silvershadow]

14. welcome to DU!

[drdbkarron]

15. Ondrik and Yamatani attempting appeal of sentence

They gave up their right of appeal in their plea bargain, but now they are trying to appeal their
conviction of 8 months prison. So now they are at home on a electronic monitor appealing the inevitable;
they are going to go to jail for 8 months and the time on home confinement won't count.

Most of their case is sealed; i want to get it released. Something in the sealed material enraged the judge. I'm certain I would be enraged too if we can see it.

[Judi Lynn]

16. Thank you, and welcome to D.U.

[drdbkarron]

17. Ondrik and Yamatani plea bargan trashed on appeal; Trial set for March

Well, the plea bargain and sentence was overthrown, and it appears a full trial is set for March 2014. Can anyone verify this ?