Two Men Indicted in Separate Bankruptcy Fraud Schemes
Jorge Droz Yapur and Yamil Fonseca Salgado were indicted by a federal Grand Jury in relation to separate bankruptcy fraud schemes, announced W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico.
Jorge Droz Yapur was indicted in a bankruptcy fraud scheme for making materially false representations from May 2019 to August 2021 in order to defraud creditors as part of a bankruptcy proceeding, In re: Jorge Droz Yapur, Case No. 19-02999(MCF), all in violation of 18 U.S.C. § 157. Additionally, he is charged with nine counts of concealment of assets during his bankruptcy proceedings in violation of 18 U.S.C. § 152, and eight counts of making false statements in relation to such bankruptcy proceedings, in violation of 18 U.S.C. § 152.
The indictment alleges that during his bankruptcy proceedings, Jorge Droz Yapur concealed assets and income by using a bank account in his adult son’s name. It further alleges that Jorge Droz Yapur testified under oath that his mother was at an elderly home and provided Puerto Rico tax returns as part of the bankruptcy proceedings wherein he claimed his mother as a dependent between the years 2015, 2016, 2017 and 2018, when in fact, he knew his mother had passed away in the year 2011.
If convicted, Jorge Droz Yapur may be sentenced to up to five years of imprisonment for each violation of 18 U.S.C. § 157 and § 152, a two hundred and fifty thousand dollar fine, and three years of supervised release.
Separately, Yamil Fonseca Salgado was indicted in a bankruptcy fraud scheme where it is alleged that he made materially false representations between April 2018 and May 2022 in five separate bankruptcy cases in order to defraud his minor child of child support payments, all in violation of 18 U.S.C. § 157. Additionally, he is charged with one count of willful failure to pay approximately $107,200 in child support payments in violation of 18 U.S.C. § 228, and thirteen counts of false statements during his bankruptcy proceedings, in violation of 18 U.S.C. § 152.
The indictment alleges that Yamil Fonseca Salgado concealed in several bankruptcy filings, assets, income and his connection to a maintenance company by the name of CMM Janitorial, Inc. The indictment further alleges that Yamil Fonseca Salgado concealed, in several bankruptcy filings, that he received money transfers via ATH Móvil from the bank account of a construction company controlled by close family members.
A Construction company which in turn collected monies from the public housing management company Yamil Fonseca Salgado worked for, and that he further received money through the use and control of a Banco Popular de Puerto Rico bank account in his grandmother’s name where he accessed funds for routine personal expenses.
If convicted, Yamil Fonseca Salgado may be sentenced to up to two years for violating 18 U.S.C. § 228, five years of imprisonment for each violation of 18 U.S.C. § 157 and § 152, a two hundred and fifty thousand dollar fine, and three years of supervised release.
“The fraudulent use of bankruptcy and other court proceedings to defraud creditors or defraud children of child support payments are of grave concern, and the U.S. Attorney’s Office remains vigilant in the effort to hold accountable those who would defraud the government,” said U.S. Attorney Muldrow.
“Together with U.S. Attorney Muldrow and our law enforcement partners, we will continue to pursue fraud and abuse in bankruptcy cases,” stated Mary Ida Townson, U.S. Trustee for Georgia, Florida, Puerto Rico, and Virgin Islands (Region 21). “I am thankful for the appointment by the U.S. Attorney 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.” The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws.
“As the primary investigative agency responsible for addressing bankruptcy fraud, the FBI takes these cases very seriously. The relief offered by federal bankruptcy proceedings can be life-saving for honest individuals who have fallen on hard times due to legitimate reasons. Unfortunately, bankruptcy can also be used by wrong doers for a variety of sinister reasons,” said Joseph González, Special Agent in Charge of the FBI San Juan Field Office. “This not only causes creditors to lose money, but also results in higher fees and even higher taxes for the innocent.
“We are proud to be a part of the team that brought defendant Fonseca Salgado to justice for evading his child support obligations,” said Scott J. Lampert, Special Agent in Charge of the Office of Inspector General’s New York Regional Office which also covers Puerto Rico. “The Office of 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 violate the law.”
Both cases were referred to the U.S. Attorney’s Office for prosecution by the San Juan office of the U.S. Trustee. The Jorge Droz Yapur matter was investigated by the FBI and is being prosecuted by Special Assistant U.S. Attorney José Capó Iriarte from the Office of the U.S. Trustee. The Yamil Fonseca Salgado matter was investigated by the U.S. Department of Health and Human Services of Inspector General (HHS-OIG) and is being prosecuted by Special Assistant U.S. Attorney José Capó Iriarte and Special Assistant U.S. Attorney José C. Díaz Vega from the Office of the U.S. Trustee.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.