Sie sind auf Seite 1von 8

FIL

1
2
22 PH2:16
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
10 February 2012 Grand Jury
11
UNITED STATES OF AMERICA, CR No. 1
12
Plaintiff,
13
v.
14
ROCCIO JAMES CUCCIA and
15 LARRY D. COLLINS,
[18 U.S.C. 1343: Wire Fraud;
18 U.S.C. 1957: Transactions
in Criminally Derived Property;
26 U.S.C. 7206(1): Subscribing
to a False Tax Return; 18 U.S.C.
2(b): Causing an Act to Be
Done]
16 Defendants.
17
18
19 The Grand Jury charges:
20 COUNTS ONE THROUGH TEN
21 [18 U.S.C. 1343]
22 A. INTRODUCTION
23 At all times relevant to this Indictment:
24 1. Defendants ROCCIO JAMES CUCCIA ("CUCCIA") and LARRY
25 D. COLLINS ("COLLINS") resided in the Central District of
26 California.
27 2. In or about January 2006, defendant CUCCIA started
28 working as a Senior Buyer at Lions Gate Entertainment, Inc.
~ ' t - PAH:MF
1 ("Lions Gate"), a theatrical and television production and
2 distribution company based in Santa Monica, California.
3 Defendant CUCCIA was responsible for securing cardboard
4 advertising cases called "corrugates" for Lions Gate that would
5 display their DVD and Blue Ray disks at retail stores.
6 3. From in or about 2006 through in or about 2011,
7 defendant CUCCIA used defendant COLLINS as a vendor to supply
8 corrugates to retail stores.
9 B. SCHEME TO DEFRAUD
10 4. Beginning no later than in or about January 2006, and
11 continuing through in or about February 2011, in Los Angeles
12 County, within the Central District of California, and
13 elsewhere, defendants CUCCIA and COLLINS, knowingly and with
14 intent to de-fraud, devised, participated in, and executed a
15 scheme to defraud Lions Gate as to material matters, and to
16 obtain money and property from Lions Gate by means of material
17 false and fraudulent pretenses, representations, and promises,
18 and the concealment of material facts.
19 5 . The fraudulent scheme operated, in substance, in the
20 following manner:
21 a. After receiving an order for corrugates from the
22 Lions Gate sales and marketing department, defendant CUCCIA
23 would create a matching purchase order and obtain approval of
24 the purchase order from a supervisor.
25 b. After obtaining supervisory approval of the
26 purchase order, defendant CUCCIA would access Lions Gate's
27 computer system in order to bypass supervisory controls and
28 fraudulently inflate the number of corrugates that purportedly
2
1
2
3
4
5
6
7
8
9
10
11
12
had been ordered by Lions Gate, without his supervisors'
knowledge or consent.
c. After defendant CUCCIA communicated with
defendant COLLINS the inflated or fabricated corrugate order,
defendant COLLINS generated invoices for the inflated or
fabricated purchase orders, knowing that the invoices were
fraudulent.
d. Lions Gate sent payment for the fraudulently
inflated and fabricated purchase orders to a third party
factor, which would in turn wire a substantial percentage of
the Lions Gate funds to defendant COLLINS.
e. Defendant COLLINS would kick back a portion of
13 these funds to defendant CUCCIA by wiring money into defendant
14 CUCCIA's bank account.
15 f. Through the above-described scheme to defraud,
16 defendants CUCCIA and COLLINS caused losses totaling
17 approximately $2,064,000.
18 C. USE OF THE WIRES
19 6. On or about the dates set forth below, within the
20 Central District of California and elsewhere, defendants CUCCIA
21 and COLLINS, for the purpose of executing the above-described
22 scheme to defraud, transmitted, caused the transmission, and
23 aided and abetted the transmission of, the following items by
24 means of wire and radio communication in interstate and foreign
25 commerce:
26 / / /
27 / / /
28 / / /
3
1
COUNT
2
ONE
3
4
5
TWO
6
7
8
9
THREE
10
11
12
FOUR
13
14
15
FIVE
16
17
18
19 SIX
20
21
22
SEVEN
23
24
25
26
27
28
DATE ITEM WIRED
10/29/2009 Wire transfer of $80,096.90 from the
Factor's Wells Farqo Bank account number
XXX-XXX6037, in Florida, through New York
and New Jersey, to defendant COLLINS'
Citibank account number XXXXX2106, in Los
Angeles, California
3/22/2010 Wire transfer of $56,871.76 from the
Factor's Wells Fargo Bank account number
XXX-XXX6037, in Florida, through New York
and New Jersey, to defendant COLLINS'
Citibank account number XXXXX2106, in Los
Angeles, California
4/19/2010 Wire transfer of $43,959.65 from the
Factor's Wells Fargo Bank account number
XXX-XXX6037 , in Florida, through New York
and New Jersey, to defendant COLLINS'
Citibank account number XXXXX2106, in Los
Angeles, California
6/22/2010 Wire transfer of $70,374.54 from the
Factor's Wells Fargo Bank account number
XXX-XXX6037, in Florida, through New York
and New Jersey, to defendant COLLINS'
citibank account number XXXXX2106, in Los
Angeles, California
8/13/2010 Wire transfer of $43,967.40 from the
Factor's Wells Fargo Bank account number
XXX-XXX6037, in Florida, through New York
and New Jersey, to defendant COLLINS'
Citibank account number XXXXX2106, in Los
Angeles, California
8/31/2010 Wire transfer of $96,901.37 from the
Factor's Wells Fargo Bank account number
XXX-XXX6037, in Florida, through New York
and New Jersey, to defendant COLLINS'
Citibank account number XXXXX2106, in Los
Angeles, California
9/13/2010 Wire transfer of $43,983.24 from the
Factor's Wells Fargo Bank account number
XXX-XXX6037, in Florida, through New York
and New Jersey, to defendant COLLINS'
Citibank account number XXXXX2106, in Los
Angeles, California
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EIGHT
NINE
TEN
9/16/2010 Wire transfer of $87,210.60 from the
Factor's Wells Fargo Bank account number
XXX-XXX6037, in Florida, through New York
and New JerseYf to defendant COLLINS'
citibank account number XXXXX2106, in Los
Angeles, California
10/22/2010 Wire transfer of $149,909.28 from the
Factor's Wells Fargo Bank account number
XXX-XXX6037
1
in Florida, through New York
and New Jersey, to defendant COLLINS I
Citibank account number XXXXX2106, in Los
Angeles, California
12/14/2010 Wire transfer of $72
1
605.92 from the
Factor's Wells Fargo Bank account number
XXX-XXX6037, in Florida, through New York
and New Jersey, to defendant COLLINS'
Citibank account number XXXXX2106, in Los
Angeles, California
5
1 COUNTS ELEVEN AND TWELVE
2 [18 U.S.C. 1957
t
2(b)]
3 7. The Grand Jury re-alleges and incorporates by
4 reference paragraphs one through six of this Indictment as
5 though fully set forth herein.
6 8 . On or about the following dates
t
in Los Angeles
7 County, within the Central District of California
t
and
8 elsewhere, defendant CUCCIA, knowing that the funds involved
9 represented the proceeds of some form of unlawful activity,
10 conducted
t
and willfully caused others to conduct
t
the
11 following monetary transactions in criminally derived property
12 of a value greater than $10
t
OOO
t
which propertYt in factt was
13 derived from specified unlawful activity, namely, wire fraud,
14 in violation of Title 18, United States Code, Section 1343:
15
COUNT
16
ELEVEN
17
18
19
TWELVE
20
21
22
23
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
DATE
11/28/2009
09/15/2010
TRANSACTION
Withdrawal of funds from defendant
CUCCIA's Citibank account number
XXXXXXX26 04 , by check number 180, in
the amount of $24,540.18, made payable
to Carmax, for the purchase of a 2007
Toyota Camry Hybrid
Withdrawal of funds from defendant
CUCCIA's Citibank account number
XXXXXXX26 04 , by check number 201, in
the amount of $29,595.00
t
made payable
to Mercedes Benz of Long Beach
t
for the
purchase of a 2006 Mercedes Benz R350
6
1 COUNTS THIRTEEN AND FOURTEEN
2 [26 U.S.C. 7206(1)]
3 9. The Grand Jury re-alleges and incorporates by
4 reference paragraphs one through six of this Indictment as
5 though fully set forth herein.
6 10. On or about the dates listed below, in Los Angeles
7 County, within the Central District of California, and
8 elsewhere, defendant CUCCIA did willfully make and subscribe to
9 a United States Individual Income Tax Return, Form 1040, for
10 each of the calendar years listed below, which was verified by
11 a written declaration that it was made under the penalties of
12 perjury and was filed with the Internal Revenue Service, and
13 which defendant CUCCIA did not believe to be true and correct
14 as to every material matter contained therein, in that
15 defendant CUCCIA reported income on line item 22, for the
16 amounts shown below, and elsewhere on Form 1040, whereas, as
17 defendant CUCCIA then well knew and believed, these figures
18 under-reported defendant CUCCIA's income.
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNT TAX DATE RETURNED FALSE MATERIAL MATTER
YEAR SIGNED
THIRTEEN 2006 4/5/2007 On line 22 of the return,
defendant CUCCIA reported his
"total income" as $52,901.00
FOURTEEN 2007 4/7/2008 On line 22 of the return,
defendant CUCCIA reported his
"total income" as $57,270.00
A TRUE BILL
ANDRE BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE

Assistant United States Attorney
Chief, Criminal Division
BEONG-SOO KIM
Assistant United States Attorney
Chief, Major Frauds Section
PETER A. HERNANDEZ
Assistant united States Attorney
Major Frauds Section
8