IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION INDICTMENT COUNTS ONE THROUGH SIX. The Scheme to Defraud

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1 UNITED STATES OF AMERICA IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION v. CASE NO: 2:08-cr- JACOB BEN-ARI aka JACK LEVINSON 18: : : : 2 INDICTMENT The Grand Jury charges: COUNTS ONE THROUGH SIX The Scheme to Defraud A. Introduction That at all times relevant hereto: 1. JBA Assets, Inc. was a Florida Corporation, established on April 9, 2001, and located at G-323 Monaco Boulevard, Delray Beach, Florida, The Director and President for JBA Assets, Inc. was defendant Jacob Ben-Ari. 2. CitiBank was a federally insured financial institution with branch banks located throughout the State of Florida, including the Middle District of Florida, as well as other states. 3. Riverside Bank of the Gulf Coast was a federally insured financial institution with branch banks located in Lee, Sarasota and Collier Counties, in the Middle District of Florida. As a manner of clearing checks issued by it s customers, Riverside Bank of the Gulf Coast utilized the Federal Reserve Bank. 4. Wachovia Bank was a federally insured financial institution with branch banks 1

2 located throughout the State of Florida, including the Middle District of Florida, as well as other states. As a manner of clearing checks issued by its customers, Wachovia Bank utilized the Federal Reserve Bank. 5. The Federal Reserve Bank, with branches located in Miami and Jacksonville, Florida, among other places, cleared checks written on bank accounts via interstate electronic wire communication among banks involved in a particular transaction. Additionally, all wire transfers routed through the Federal Reserve Bank went through a Federal Reserve Bank facility in New Jersey. 6. United Parcel Service was a commercial interstate parcel post carrier within the meaning of Title 18, United States Code, Section 1341, with corporate headquarters in Atlanta, Georgia, operating in the State of Florida, including the Middle District of Florida, as well as other states. 7. Airborne Express was a commercial interstate parcel post carrier within the meaning of Title 18, United States Code, Section 1341, with corporate headquarters in Seattle, Washington, operating in the State of Florida, including the Middle District of Florida, as well as other states. 8. On or about April 14, 1970, Edwin C. Pokorski and Sophie Pokorski acquired real property located at 131 Cultural Park Blvd. S. in Cape Coral, Florida, parcel ID number C On or about August 4,1999, Edwin C. and Sophie Pokorski transferred real property located at 131 Cultural Park Blvd. S. in Cape Coral, Florida, to Edwin C. Pokorski. On or about August 20, 2001, Edwin C. Pokorski passed away in Erie County, New York. 9. On or about January 29, 1981, Eunice P. Smith, now deceased, acquired real property located at 3701 NE 12 th Place in Cape Coral, Florida, parcel ID number C , located in Lee County, Florida. On or about July 5, 1991, Eunice P. Smith passed 2

3 away in Arlington County, Virginia. B. Objects of the Scheme to Defraud 10. That from in or about 2003, to in or about September 2004, in the Middle District of Florida, at Fort Myers and elsewhere, the defendant, herein, JACOB BEN-ARI, aka JACK LEVINSON, did knowingly and wilfully devise and intend to devise a scheme and artifice to defraud certain victims of money and property, and to obtain money and property by means of false and fraudulent pretenses, representations and promises, and attempted to do so, and did aid and abet such scheme to defraud by (a) knowingly, placing in any post office and authorized depository for mail matter, any matter to be sent and delivered by the postal service, and deposited and caused to be deposited, any matter to be sent and delivered by any private and commercial interstate carrier, and to take and receive therefrom, any such matter, and caused to be delivered by mail and commercial interstate carrier, according to the direction thereon, at the place and to the person to whom delivery is directed, any such matter, in violation of Title 18, United States Code, Section 1341; and by (b) knowingly, transmitting and causing to be transmitted by means of wire communication in interstate and foreign commerce, certain writings, signs and signals for the purpose of executing the scheme to defraud, in violation of Title 18, United States Code, Section

4 C. The Scheme to Defraud 11. As part of the scheme to defraud, from in or about 2003 through in or about September 2004, Defendant Jacob Ben-Ari, aka Jack Levinson, identified unimproved real properties located in Lee County, Florida, for which, in some instances, several years of unpaid ad valorem property taxes were due. 12. Further, as a part of the scheme to defraud, Defendant Jacob Ben-Ari, aka Jack Levinson, researched delinquent tax rolls, published by the Lee County Delinquent Tax Division, which reflected the tax and ownership status of real properties in Lee County, Florida. 13. Further, as a part of the scheme to defraud, Defendant Jacob Ben-Ari, aka Jack Levinson, prepared and caused to be prepared, quit claim and warranty deeds, purportedly transferring title to certain real properties identified herein, among others, from the record owners of each such real property to the control of the defendant via transfer to defendant; transfer to a fictitious person or entity; and/or transfer to a nominee corporation. 14. Further, as a part of the scheme to defraud, Defendant Jacob Ben-Ari, aka Jack Levinson, forged and caused to be forged, signatures of record land owners who were usually deceased as well as the signatures of witnesses on those deeds referred to in 13 above. 15. Further, as a part of the scheme to defraud, Defendant Jacob Ben-Ari, aka Jack Levinson, included and caused to be included, a purported notarization of the signatures of the record owners on the deeds referred to in 13 above. 16. Further, as a part of the scheme to defraud, Defendant Jacob Ben-Ari, aka Jack Levinson, filed and caused to be filed in the public land records of the county where each such real property is located, the deeds referred to in 13 above. 17. Further, as a part of the scheme to defraud, Defendant Jacob Ben-Ari, aka 4

5 Jack Levinson, would thereafter transfer and attempt to transfer such real properties, to which he had purportedly gained title via the deeds referred to in 13 above, to unwitting third parties. 18. Further, it was the goal of the scheme to defraud that Defendant Jacob Ben-Ari, aka Jack Levinson, as a result of the fraudulent scheme involving at least 26 real properties located in Lee County, Florida, in the Middle District of Florida, charged herein, obtained, and attempted to obtain, money and property, and the use of money and property, from other persons, to which he was not otherwise entitled, the aggregate fair market value of which was at least $712,350, based on monies obtained by Defendant upon selling such properties or the tax assessed values of real properties still held by Defendant at the time of this indictment. D. Manner and Means of Undertaking the Scheme to Defraud Real property located at 131 Cultural Park Blvd. S. in Cape Coral, Florida, Parcel ID number C On or about September 23, 2003, Defendant Jacob Ben-Ari, aka Jack Levinson, prepared, caused to be prepared, and assisted in the preparation of a quit claim deed which purported to transfer real property located at 131 Cultural Park Blvd. S. in Cape Coral, Florida, parcel ID number C , from record owner Edwin C. Pokorski who was then deceased, as defendant well knew, to JBA Assets, Inc., a Florida Corporation. Such quit claim deed was recorded on or about November 14, 2003, in the Lee County, Florida, public real property records. 20. On or about November 26, 2003, Defendant Jacob Ben-Ari, aka Jack Levinson, executed, caused to be executed, and assisted in executing, a warranty deed, purportedly transferring and warranting title to real property located at 131 Cultural Park Blvd. S. in Cape Coral, Florida, parcel ID number C to a third party purchaser. Such deed was recorded on or about December 15, 2003, in the Lee County, 5

6 Florida public real property records. 21. On or about December 4, 2003, employee(s) of Title Offices, LLC, 1507 SE 47 th Terrace, Cape Coral, Lee County, Florida, placed a check dated 12/04/2003 in the amount of $31, and made payable to JBA Assets, Inc., representing proceeds from the sale of real property located at 131 Cultural Park Blvd. S. in Cape Coral, Florida, parcel ID number C to a third party purchaser, for pick up by United Parcel Service ( UPS ) and delivery to Jacob Ben-Ari, JBA Assets, Inc., G-323 Monaco Blvd., Delray Beach, FL On December 8, 2003, the check for $31, was deposited into CitiBank account #XXXXXX9524 in the name of Jacob Ben-Ari. Real property located at 3701 NE 12 th Place in Cape Coral, Florida, Parcel ID Number C On or about October 17, 2003, Defendant Jacob Ben-Ari, aka Jack Levinson, caused to be prepared, and assisted in the preparation of a warranty deed which purported to transfer real property located at 3701 NE 12 th Place in Cape Coral, Florida, Parcel ID number C from the record owner to JBA Assets, Inc., a Florida corporation. Such warranty deed was recorded on or about November 26, 2003, in the Lee County, Florida, public real property records. 23. On or about April 29, 2004, employee(s) of Progressive Title, Inc., McGregor Blvd., Suite 8, Fort Myers, Lee County, Florida, placed a check dated April 29, 2004 in the amount of $26, and made payable to JBA Assets, Inc., representing proceeds from the sale of real property located at 3701 NE 12 th Place in Cape Coral, Florida, parcel ID number C to a third party purchaser, for pick up by Airborne Express and delivery to Jacob Ben-Ari, JBA Assets, Inc., G-323 Monaco Blvd., Delray Beach, FL On May 3, 2004 the check for $26, was deposited into CitiBank account #XXXXXX9524 in the name of Jacob Ben-Ari. 6

7 24. On or about January 5, 2004, Defendant Jacob Ben-Ari, aka Jack Levinson, purported to acquire real property located at 1002 S.E. 21 st Street, Cape Coral, FL by forged deed in the name of Jack Levinson. 25. On or about January 8, 2004, Defendant Jacob Ben-Ari, aka Jack Levinson, purported to acquire real property located at 3208 S.W. 17 th Place, Cape Coral, FL by forged deed in the name of Jack Levinson. 26. On or about July 14, 2003, Edwin C. Pokorski and Sophie Pokorski, purportedly signed as witnesses on a deed dated July 14, 2003, transferring real property located at 1706 N.W. 14 th Street, Cape Coral, FL from Klaus and Gertrud Gramlich, of Germany to JBA Assets, Inc., Defendant Jacob Ben-Ari s company. 27. From November 2003, to May 2004, the following checks totaling $348, representing proceeds of the sale of 21 properties initially referred to in 13 and 18 above, were deposited into CitiBank account #XXXXXX9524 in the name of Jacob Ben-Ari : Date Source of Check Property Address Check Amount 11/12/2003 Fidelity National Title Insurance 4013 NE 8 th Place $7, /12/2003 Fidelity National Title Insurance 1706 NW 14 th Street Cape Coral, FL $21, /12/2003 Fidelity National Title Insurance 1706 NE 14 th Street Cape Coral, FL $2, /08/2003 Title Offices, LLC 135 Cultural Park Blvd. S. $31,

8 Cape Coral, FL /08/2003 Title Offices, LLC 131 Cultural Park Blvd. S. $31, Cape Coral, FL /22/2004 Title Offices, LLC 3724 NE 12 th Place $9, /22/2004 Title Offices, LLC 2031 NE 9 th Place $9, /22/2004 Title Offices, LLC NE 39 th Terrace $18, /22/2004 Title Offices, LLC 2005 NE 18 th Avenue $9, /22/2004 Title Offices, LLC NE 39 th Terrace $1, /03/2004 Progressive Title, Inc NE 12 th Place, $26, /03/2004 Progressive Title, Inc NE 12 th Place, $3, NW 9 th Avenue Cape Coral, FL $24,

9 1813 NE 21 st Avenue $21, SW 29 th Avenue Cape Coral, FL $21, NW 9 th Avenue Cape Coral, FL $1, SE 27 th Terrace Cape Coral, FL $25, SW 6 th Avenue Cape Coral, FL $1, SW 6 th Avenue Cape Coral, FL $25, Fitch Avenue Lehigh Acres, FL $13, SW 29 th Avenue Cape Coral, FL $1, SE 27 th Terrace Cape Coral, FL $1, NE 21 st Avenue $1,

10 05/29/2004 Title Offices, LLC 4341 SW 1 st Avenue $1, Cape Coral, FL /29/2004 Title Offices, LLC 1027 SE 19 th Avenue $1, Cape Coral, FL /29/2004 Title Offices, LLC 1002 SE 21 st Street $1, Cape Coral, FL /29/2004 Title Offices, LLC 3208 SW 17 th Place $1, Cape Coral, FL /29/2004 Progressive Title, Inc SW 21 st Place, $26, Cape Coral, FL /29/2004 Progressive Title, Inc SW 21 st Place, $1, Cape Coral, FL From November 2003, through June 2004, the following withdrawals totaling $339, were made from CitiBank account #XXXXXX9524 in the name of Jacob Ben-Ari : Date Check # or Wire Payee Check Amount 11/17/2003 Jacob Ben-Ari $1, /17/ Saul Jakubowicz $5,

11 11/18/2003 Teller Withdrawal $17, /26/2003 Jacob Ben-Ari $2, /01/ Saul Jakubowicz $5, /08/ Lee County Tax Collector $1, /09/2003 Jacob Ben-Ari $6, /15/2003 Wire Scottrade $70, /19/2003 Jacob Ben-Ari $8, /22/ Saul Jakubowicz $5, /10/2004 Jacob Ben-Ari $9, /19/ Saul Jakubowicz $3, /19/2004 Jacob Ben-Ari $3, /19/2004 Jacob Ben-Ari $4, /24/2004 Wire Scottrade $7, /26/2004 Jacob Ben-Ari $5, /26/2004 Clerk of the Court $5, /07/2004 Jacob Ben-Ari $7, /08/2004 Jacob Ben-Ari $3,

12 04/08/2004 Saul Jakubowicz $1, /08/2004 Jacob Ben-Ari $7, /19/2004 Lawrence M. Weisberg, PA $2, /29/2004 Wire Scottrade $5, /05/2004 Carter & Harrod, PLLC $13, /07/ Kaplan & Singhal $7, /13/2004 Jacob Ben-Ari $1, /13/2004 Jacob Ben-Ari $1, /20/2004 Jacob Ben-Ari $4, /20/2004 Palm Beach Court $4, /24/ Citizen National Bank $3, /04/ Auto Haus $1, /09/ Citizen National Bank $1, /10/2004 Jacob Ben-Ari $15, /21/2004 Clerk of the Circuit Court $100,

13 E. Execution of the Scheme 28. That from in or about 2003 and continuing to in or about September 2004, in the Middle District of Florida, in Lee County, and elsewhere, the defendant herein, JACOB BEN-ARI, aka JACK LEVINSON, did knowingly devise a scheme and artifice: (a) to defraud various persons and companies of money and property; and (b) to obtain money and property from such victims by means of false and fraudulent pretenses, representations and promises. 29. That on or about the dates set forth below, in the Middle District of Florida, and elsewhere, the defendant, did knowingly and wilfully for the purposes of executing the aforesaid scheme and artifice to defraud, and for obtaining money and property by means of false pretenses and for purposes of aiding and abetting such scheme, (a) knowingly caused mail matter to be delivered as set forth below: COUNT DATE DEFENDANT(S) MAILING: ONE 12/4/2003 Jacob Ben- Ari, aka Jack Levinson Of a check dated 12/04/2003 in the amount of $31, and made payable to JBA Assets, Inc., representing proceeds from the sale of real property located at 131 Cultural Park Blvd. S. in Cape Coral, Florida, parcel ID number C to a third party purchaser, placed by employee(s) of Title Offices, LLC, 1507 SE 47 th Terrace, Cape Coral, Lee County, Florida, drawn on an account at Wachovia Bank, for pick up by United Parcel Service ( UPS ) and delivery to Jacob Ben-Ari, JBA Assets, Inc., G-323 Monaco Blvd., Delray Beach, FL TWO 4/29/2004 Jacob Ben- Ari, aka Jack Levinson Of a check dated April 29, 2004 in the amount of $26, and made payable to JBA Assets, Inc., representing proceeds from the sale of real property located at 3701 NE 12 th Place in Cape Coral, Florida, parcel ID number C to a third party purchaser, placed by employee(s) of 13Progressive Title, Inc., McGregor Blvd., Suite 8, Fort Myers, Lee County, Florida, drawn on an account at Riverside Bank of the Gulf Coast, for pick up by Airborne Express and delivery to Jacob Ben-Ari, JBA Assets, Inc., G-323 Monaco

14 party purchaser, placed by employee(s) of Progressive Title, Inc., McGregor Blvd., Suite 8, Fort Myers, Lee County, Florida, drawn on an account at Riverside Bank of the Gulf Coast, for pick up by Airborne Express and delivery to Jacob Ben-Ari, JBA Assets, Inc., G-323 Monaco Blvd., Delray Beach, FL All in violation of Title 18, United States Code, Sections 1341 and 2; and, (b) knowingly caused to be transmitted by means of wire communication in interstate commerce, certain writings, signs and signals as set forth below: COUNT DATE DEFENDANT(S) WIRE TRANSMISSION: THREE 12/8/03 Jacob Ben-Ari, aka Jack Levinson Collection of the check dated 12/4/03 referenced in Count One above in the amount of $31, by CitiBank from Wachovia Bank by interstate electronic communications via the Federal Reserve Banking System. FOUR 5/3/2004 Jacob Ben-Ari, aka Jack Levinson Collection of the check dated 4/29/2004 referenced in Count Two above in the amount of $26, by CitiBank from Riverside Bank of the Gulf Coast by interstate electronic communications via the Federal Reserve Banking System. All in violation of Title 18, United States Code, Sections 1343 and 2. 14

15 COUNT FIVE On or about December 15, 2003, in Lee County, in the Middle District of Florida, and elsewhere, the defendant herein, JACOB BEN-ARI, aka JACK LEVINSON, did knowingly engage and attempt to engage in a monetary transaction by and through a financial institution affecting interstate commerce in criminally derived property of a value greater than $10,000, which property was derived from a specified unlawful activity, that is, mail and wire fraud in violation of Title 18, United States Code, Sections 1341 and 1343, as charged in Counts One and Three above, or as otherwise part of this scheme, in that defendant caused $70,000 to be wire transferred from CitiBank Account #XXXXXX9524 in the name of Jacob Ben-Ari to Scottrade Account #XXXX2192 in the name of Jacob Ben-Ari, in violation of Title 18, United States Code, Sections 1957 and 2. COUNT SIX On or about May 5, 2004, in Lee County, in the Middle District of Florida, and elsewhere, the defendant herein, JACOB BEN-ARI, aka JACK LEVINSON, did knowingly engage and attempt to engage in a monetary transaction by and through a financial institution affecting interstate commerce in criminally derived property of a value greater than $10,000, which property was derived from a specified unlawful activity, that is, mail and wire fraud in violation of Title 18, United States Code, Sections 1341 and 1343, as charged in Counts Two and Four above, in that defendant caused $13, to be wire transferred from CitiBank Account #XXXXXX9524 in the name of Jacob Ben-Ari to an 15

16 account at Citizens National Bank in Athens, Tennessee, in the name of Carter and Harrod, PLLC, in violation of Title 18, United States Code, Sections 1957 and 2. FORFEITURE 1. The allegations contained in Counts One through Six of this Indictment are hereby re-alleged and incorporated by reference for the purpose of alleging forfeiture pursuant to the provisions of Title 18, United States Code, Section 982(a)(2). 2. The defendant shall forfeit to the United States of America, pursuant to Title 18, United States Code, Section 982(a)(2), any and all right, title, and interest they may have in any property constituting, or derived from, proceeds the person obtained directly or indirectly, as a result of the violations charged in Counts One through Six. The assets to be forfeited include, but are not limited to, all tangible and intangible property in which defendant has a legal or equitable interest. 3. If any of the property described above, as a result of any act or omission of the defendant(s): a. cannot be located upon the exercise of due diligence; b. has been transferred or sold to, or deposited with, a third party; c. has been placed beyond the jurisdiction of the court; d. has been substantially diminished in value; or e. has been commingled with other property which cannot be divided without difficulty, the United States of America shall be entitled to forfeiture of substitute property including a money judgement under the provisions of Title 21, United States Code, Section 853(p), as incorporated by Title 18, United States Code, Section 982(b)(1). A TRUE BILL 16

17 Date FOREPERSON A. BRIAN ALBRITTON UNITED STATES ATTORNEY By: By: ROBERT P. BARCLIFT DAVID L. HAAS Assistant United States Attorney Assistant United States Attorney Trial Counsel Co-Trial Counsel By: By: YOLANDE G. VIACAVA DOUGLAS MOLLOY Assistant United States Attorney Assistant United States Attorney Attorney Forfeiture Counsel Chief, Fort Myers Division 17