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Eight California National Guard members charged with fraud

POSTED May 22, 2014 6:38 p.m.

Grand juries in Fresno and Sacramento have indicted eight current or former members of the California National Guard, in seven separate cases, charging them with wire fraud for fraudulently obtaining recruiting referral bonuses, according to the California Department of Justice.

The United States Army contracted with a company called Document and Packaging Broker Inc, also known as DOCUPAK, to administer the Guard Recruiting Assistance Program. Under the program, members of the California National Guard served as recruiting assistants. If a recruiting assistant referred a potential Guard member to a recruiting office and that person ultimately enlisted, the recruiting assistant was eligible to receive monetary compensation disbursed by DOCUPAK.

“Ripping off a program intended to enhance our armed services is not just illegal, it is reprehensible,” said U.S. Attorney Benjamin B. Wagner. “We will continue to pursue those who attempt to undermine the military for their own personal profit.”

Each of the defendants indicted served in the California National Guard and is alleged to have played a role in causing DOCUPAK to issue unearned recruiting compensation by falsely claiming that various enlistees had been referred to recruiting offices by particular eligible recruiting assistants, when in fact they had not. Each of the indicted defendants is alleged to have received recruiting compensation as a result of those false referrals, according to court documents.

“The Army National Guard trusted the individuals indicted today to attract and assist others through the recruiting process, and compensated them for these efforts,” said Special Agent in Charge Monica M. Miller of the Sacramento FBI. “Instead, the recruiting assistants are alleged to have stolen federal funds by circumventing established processes, claiming recruitment of individuals whom they often had never met, and in some cases, diverting portions of the payments to others who are prohibited from receiving the funds.”

 

The defendants indicted today are as follows:

· Joaquin Cuenca, 36, of San Diego, was a Recruiter and allegedly is responsible for causing $30,000 in fraudulent bonuses.

· Leonardo Pesta, 46, of Mountain View, was a Recruiter and allegedly is responsible for causing $20,000 in fraudulent bonuses.

· Nicholas Huerta, 32, of Fresno; was a Recruiter and allegedly is responsible for causing $25,000 in fraudulent bonuses.

· Jimmy Maldonado, 33, a Recruiter, and his wife, Mayra Garcia Maldonado, 27, a Recruiting Assistant, both of Fresno, are allegedly responsible for causing $40,000 in fraudulent bonuses.

· Sarah N. Nattress, 26, of Paradise, was a Recruiting Assistant and is allegedly responsible for $28,000 in fraudulent bonuses.

· Brian M. Kaps, 40, of Chico, was a Recruiting Assistant and is allegedly responsible for $16,000 in fraudulent bonuses.

• Richard C. Sihner, 52, of Elk Grove, was a Recruiting Assistant and is allegedly responsible for $95,000 in fraudulent bonuses. Sihner is also charged with one count of making false statements to a federal agent.

The cases are the product of an ongoing investigation by the Army Criminal Investigative Command Major Procurement Fraud Unit, the Defense Criminal Investigative Service, and the Federal Bureau of Investigation. Assistant United States Attorney Michael G. Tierney is prosecuting the Fresno cases and Assistant United States Attorney Matthew G. Morris is prosecuting the Sacramento cases.

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