THE GUERRILLA ANGEL REPORT by Lexie Cannes

Rational thinking and reporting on all things transgender by Lexie Cannes.

Finally! Convicted VRS fraud felon Larry Berke is in jail

Larry Berke is in the federal BOP database (composite image)

THE GUERRILLA ANGEL REPORT — According to a federal inmate registry, Larry Berke is actually in jail. Mr. Berke’s tiresome dodging game with the justice department appears over. I won’t repeat the delaying tactics he used to stay out of jail after his conviction very early this year, but you can follow the story in my previous articles on Larry Berke here: http://lexiecannes.wordpress.com/?s=Larry+Berke

Federal prison inmate database indicating Berke’s inclusion: http://www.bop.gov/iloc2/InmateFinderServlet?Transaction=NameSearch&needingMoreList=false&FirstName=Larry&Middle=&LastName=Berke&Race=W&Sex=M&Age=&x=82&y=16

You can get a couple hours worth of VRS (video relay service) fraud reading in these articles: http://lexiecannes.wordpress.com/?s=vrs+fraud

VRS Justice’s blog has a nice wrap up of what transpired at Mr. Berke’s last sentencing hearing with the judge. Links to court documents can be found there as well: L Berke Final Update | VRS Justice.

For those of you new to this topic, Mr. Berke is one of about 2 dozen deaf people who defrauded the federal government of upwards of $25 million dollars, possibly even more, by diverting funds earmarked to help deaf people use the telephone and pocketing it for themselves.

While sentencing of some of the minor VRS fraud players are set to occur in the next few week, the next major players — Bridget Bonheyo and Jerome Bonheyo — sentencing is apparently still set for Dec 17.

Larry Berke is in the federal BOP database (composite image)

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Filed under: Disabilities, Hearing Impaired, Deaf, ASL, American Sign Language, Deaf Education, , , , , , , ,

Bonheyo federal VRS fraud case: GUILTY!

Both Bonheyos plead guilty to fraud in a plea agreement with the U.S. Justice Department

THE GUERRILLA ANGEL REPORT — Bridget and Jerome Bonheyo both have reached a plea agreement with the U.S. Justice Department to plead guilty for their part in a scheme to defraud the federal government. They’ve each pleaded guilty to one charge of wire fraud. All other charges dropped.

The Bonheyos have now owned up to participating in a video relay service (VRS) scheme in order to pocket money for themselves. By falsely billing the FCC for services they never provided, they were able to tap into a federal fund that was set aside to provide telephone access for all deaf and hard of hearing Americans.

This widespread VRS fraud scheme has resulted in more than two dozen indictments so far — some of whom have already been sent to prison. Reports vary, but the ballpark amount taken by all parties together now seems to be $25 million dollars. We may never know the exact amount. Sadly, some of the most prominent names in the deaf community have either been found guilty, plead guilty and/or are already in prison.

Sentencing for both Bonheyos is scheduled to occur this December. Some of the ringleaders received upwards of 9 years in prison, others received suspended sentences and/or “house arrest.” Some of the ringleaders were required to payback upwards of tens of millions of dollars.

What kind of sentence will the Bonheyos get? My guess is that it’ll be in the middle of the pack somewhere.

Stay tuned.

Source: Case #3:11-cr-00861-JAP-1 (See condensed copy of plea agreement document below.)

A nod to: vrsjustice & clercjr

My earlier articles on the Bonheyo fraud case:

http://lexiecannes.wordpress.com/2011/12/20/two-people-indicted-in-another-vrs-video-relay-service-for-deaf-people-federal-fraud-case/

http://lexiecannes.wordpress.com/2011/12/29/fraudulent-deaf-video-relay-providers-viable-bonheyo-bonheyo-a-quick-look-back-when-the-story-first-broke/

http://lexiecannes.wordpress.com/2012/02/15/deaf-video-relay-vrs-fraud-defendents-jerome-bridget-bonheyo-hire-private-attorney/

Can’t get enough VRS fraud? Enter “vrs fraud” in my search box!

Both Bonheyos plead guilty to fraud in a plea agreement with the U.S. Justice Department

Condensed version of Bridget Bonheyo’s plea agreement document

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[UPDATE] clercjr – VRS Fraud ARCHIVES

clerc jr

THE GUERRILLA ANGEL REPORT — [UPDATE: clercjr aka Dan Foster dies. See below.] Sadly, clercjr, a trustworthy tracker of all federal cases of VRS fraud has decided to end his blog due to health reasons.

This comprehensive tracking by clercjr clearly was time consuming to do and he has suggested that people save what they need in the event that his blog disappears from the net.  I have decided to archive many of his posts in on this page for future reference.

Please note that I may report on some new developments in newer posts, but I am not going to update anything on this page. This page is accurate as of clercjr’s last update on May 9, 2012. Any new developments since that date will NOT be reported on this page.

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UPDATE — June 11, 2012: From clercjr’s website:

Dan Foster (clercjr) has passed away

Dan never liked discussing medical matters in public so he isn’t about to start now, but passed away due to long illness with serious complications towards the end. That’s all he has authorized me to release.

Dan says it’s been a pleasure writing for you and also knowing various people including his family, long-time friends, and associates, all of which he appreciates.”

Robert Hansen
Longtime trusted friend of Dan’s and a former work colleague

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[The following is an edited version of clercjr's last post.]

VRS case: Blog Closing

9 05 2012

Well, dear reader, the time has come to think about closing at least the VRS part of this blog due to poor health. Still in hospital but out of the ICU and no longer spitting or vomiting pure blood. Body is failing and doctors thinks I might have weeks to a few months remaining.

Guess we’ll see, eh? :) A most interesting experience even if nasty. I will try my best to answer questions as long as I have internet access, time, and energy. This blog may disappear from DeafRead’s feed aggregation if or when I request it.

I doubt I can cover the July 10th sentencing so keep an eye on iDeafNews, other bloggers elsewhere, or perhaps guest bloggers here.

. . .

Back to the VRS cases: I left various documents, case numbers, NJ court pacer website link and info on how to set up a PACER account. So if interested, follow other good sources or PACER. Grab anything you want to keep since I’m not sure if or when the website would disappear. For now, probably only personal non-VRS posts will continue for a bit.

It has been my pleasure in writing to serve and educate you as well as answer public and private questions or comments to the best of my ability. Keep the fire to learn ongoing!

Regards,

–clercjr, site owner and moderator, aka Daniel S. Foster (clercjr@clercjr.com)

Source: http://clercjr.wordpress.com/

Filed under: Disabilities, Hearing Impaired, Deaf, ASL, American Sign Language, Deaf Education, , , , , , , , , ,

Deaf video relay fraud felon Larry Berke dodging jail term

THE GUERRILLA ANGEL REPORT — A federal judge granted convicted felon Larry Berke a THIRD delay in beginning his 2-year prison term. Does Mr. Berke understand that federal prison is not a country club and one doesn’t schedule a visit at their convenience? Mr. Berke, you’ve harmed and weaken the federal video relay program for deaf people — something that affects ALL deaf people and their allies. You and your cohorts have also given the deaf business community a collective black eye — something that will take years to recover from.

I’m believing that this is all a game to you – manipulate the system and see what you can get for yourself. You did this with the FCC and diverted millions of federal dollars into your pocket. And now you’re doing it again with sob stories to avoid prison. Everybody has sob stories, but if you do the crime, you have to do the time — forfeiting any right to pity or sympathy. You’ve a debt to society to pay. And many of us are waiting for it to get paid.

Below I’ve included a condensed court document that Berke used to secure the third delay. My responses are in italics.

Mr. Berke, if you’re reading this, the deaf business community can’t start to heal until you begin your sentence. After your term is served, you can perhaps begin to redeem yourself. But right now, all you’re doing is is avoiding personal responsibility — something some in the deaf community are known to do and you’re a glowing example.

My previous post on the Larry Berke matter: http://lexiecannes.wordpress.com/2012/04/03/larry-berke-lisa-goetz-and-other-convicted-vrs-fraud-thugs-head-to-jail-or-house-arrest/

More on the Berke federal fraud case: http://clercjr.wordpress.com/2012/04/23/vrs-case-larry-berkes-prison-reporting-date-change/

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Larry Berke, Lisa Goetz and other convicted VRS fraud thugs head to jail or house arrest

Larry Berke sent to prison, Lisa Goetz and Donald Tropp sentenced to house arrest for defrauding the federal government.

THE GUERRILLA ANGEL REPORT — A number of people were sentenced in the past few months following their conviction of involvement in a widespread scheme to defraud the federal government. Deaf video relay businesses owned and run by deaf and hearing people deliberately over billed the FCC for relay calls they did not make or made fraudulently.

The FCC set aside money for video relay services (VRS) to provide video interpreting services for deaf callers needing to phone hearing people. These thugs tapped into that loosely regulated pot of taxpayer money and drained it of upwards of $50 million dollars. As a result of this greed, the VRS program is perhaps jeopardized. The final fallout from this has yet to occur.

At this point, half of the 25-odd people involved have been sentenced with others still awaiting court sentencing decisions and/or trials. It is also possible more people will be charged at a later date.

In a previous post, I reported that the likely Father of the VRS fraud scheme, John Yeh, was sent away for 9 plus years and was required to payback $20 million of the amount he stole. His brother Joseph got about 4 years and was also given a $20 million dollar tab.

This time around the top dog is Larry Berke. He was sentenced to 2 years in prison, 3 years probation and $2.5 million repay. Berke’s apparent new wife, Lisa Goetz, 5 years probation with one year of house arrest and $2.5 repay. Donald Tropp also got 5 years probation with one year of house arrest and $2.5 million repay.

Kim E. Hawkins, Jessica Bacallao, and Wanda Hutchinson all received a similar sentence as Tropp. Nathan Zfati, Tamara Frankel, and David Simmons all received varying degrees of lessor sentences. All charges against Kathleen Valle were dropped.

Blogger ClercJr keeps pretty up-to-date on this matter and has a nifty who’s who in all things VRS fraud here: http://clercjr.wordpress.com/

In related news, it has been reported that a marriage license was applied for by Larry Berke and Lisa J Goetz in Yavapai County (AZ) Superior Court in December, 2011. Other evidence suggest a wedding has occurred since that time.

Source: http://cvbugle.com/m/Articles.aspx?ArticleID=32872

iDeafNews is also covering the VRS fraud story: http://ideafnews.com/2012/03/21/vrs-fraud-court-news-update-3-21-12-with-text-and-video/

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My previous posts on VRS fraud:

Jessica Bacallao http://lexiecannes.wordpress.com/2012/02/29/vrs-fraud-felon-jessica-bacallao-using-her-parents-deafness-to-escape-jail-term/

Bonheyo: http://lexiecannes.wordpress.com/2012/02/15/deaf-video-relay-vrs-fraud-defendents-jerome-bridget-bonheyo-hire-private-attorney/

http://lexiecannes.wordpress.com/2011/12/20/two-people-indicted-in-another-vrs-video-relay-service-for-deaf-people-federal-fraud-case/

Overview: http://lexiecannes.wordpress.com/2011/12/29/fraudulent-deaf-video-relay-providers-viable-bonheyo-bonheyo-a-quick-look-back-when-the-story-first-broke/

John Yeh: http://lexiecannes.wordpress.com/2011/12/05/transcript-from-deaf-services-viable-ceo-john-yeh-fraud-conviction-sentencing/

http://lexiecannes.wordpress.com/2011/11/30/deaf-patron-of-the-arts-and-esteemed-community-leader-sentenced-to-nearly-a-decade-in-jail/

Larry Berke sent to prison, Lisa Goetz and Donald Tropp sentenced to house arrest for defrauding the federal government.

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Filed under: Disabilities, Hearing Impaired, Deaf, ASL, American Sign Language, Deaf Education, , , , , , , , , , , , ,

VRS fraud felon Jessica Bacallao using her parents’ deafness to escape jail term

Through these doors Jessica Bacallao will learn her fate (photo: Seth Gaines)

THE GUERRILLA ANGEL REPORT — Newly disclosed court documents show that the attorneys for federal fraud felon Jessica Bacallao are attempting to use her parents’ deafness as an excuse to avoid a jail term for her crime.

Bacallao is currently awaiting sentencing from a federal judge which is believed to occur in the middle of March for her part in defrauding the Federal Communication Commission’s video relay program.

A number of people have been convicted thus far for VRS (video relay service) fraud, others are in pretrial or awaiting sentencing. Two such convictions resulted in the payback of $20 million dollars each and jail terms of up to nearly a decade.

What is unique in the Bacallao sentencing case is that she is claiming she is needed by her deaf parents, primarily as their interpreter and a jail term – guidelines suggest 4 years plus – would put undue burden on them.

This is pure baloney. Deaf parents are perfectly able to function in society without relying on their adult children to be present every day for interpreting needs. Secondly, the Americans With Disabilities Act requires that business and service providers either provide their own interpreters or provide other means of communication for people who are deaf.

These documents are intended to help the judge decide on a sentencing and I hope he is able to see through this baloney that deaf people are unable to function without their adult kids providing interpretation needs.

Sorry Jessica, if you do the crime, you have to do the time. Mom and Dad will be just fine.

Excerpts from the court documents are below.

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Here are a couple of my previous posts on video relay fraud: http://lexiecannes.wordpress.com/2011/12/20/two-people-indicted-in-another-vrs-video-relay-service-for-deaf-people-federal-fraud-case/

http://lexiecannes.wordpress.com/2011/12/29/fraudulent-deaf-video-relay-providers-viable-bonheyo-bonheyo-a-quick-look-back-when-the-story-first-broke/

Court document excerpt #1

Excerpt #2, note: page breaks removed.

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Deaf video relay (VRS) fraud defendents Jerome & Bridget Bonheyo hire private attorney

Both Jerome and Bridget Bonheyo were indicted on federal fraud charges.

THE GUERRILLA ANGEL REPORT — Court documents show that the Bonheyos retained private attorney Thomas J. Pryor of the Princeton, New Jersey law firm Stark & Stark to help defend them in their upcoming trial. Both Jerome Bonheyo and Bridget Bonheyo were indicted in December for defrauding the federal government.

According to their website, Stark & Stark considers themselves a “new breed” kind of law firm — one that utilizes “dispute resolution methods” other than litigation to resolve disputes.  Mr. Pryor has an impressive record with many honors and has been an attorney for nearly 30 years. His vitae shows his area of expertise is in dispute resolution. Records also indicate he has trial experience as well.

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I find it an eye-opener that the Bonheyo’s lawyer seemingly doesn’t specialize in criminal law. However, he may very well be qualified to handle the case. With the court date rapidly approaching and a new “settlement expert” getting on board mid-stream, expect the unexpected I’d say!

My previous posts on the Bonheyo indictment with more details on the nature of the crimes:

http://lexiecannes.wordpress.com/2011/12/20/two-people-indicted-in-another-vrs-video-relay-service-for-deaf-people-federal-fraud-case/

http://lexiecannes.wordpress.com/2011/12/29/fraudulent-deaf-video-relay-providers-viable-bonheyo-bonheyo-a-quick-look-back-when-the-story-first-broke/

Bonheyo Attorney Notice of Appearance (via my pacer account)

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Ex-prez of a small college (Gallaudet U. for the deaf) is highest-paid federal retiree!

This guy, I King Jordan, a retired president of a small taxpayer-funded college for the deaf, is the highest-paid federal retiree (photo: sourds.net)

THE GUERRILLA ANGEL REPORT — Not the former vice president who served for decades in public service, not former House Speaker Newt Gingrich, nor a doctor or administrator of a federal agency, but rather, I. King Jordan, the retired president of a small college that is wholly funded by the federal government.

Gallaudet University in Washington D.C.  serves deaf students. It receives $120 million dollars of taxpayer money each year while its drop-out rate is among the worst of all brick and mortar colleges. Towards the end of the school year the Gallaudet undergraduate student total is usually a couple hundred kids under 1,000. Indeed, the enrollment rate, graduation rate and retention rate has reportedly been in a free fall since the 1990s. To top it off, the educational outcomes have historically been woefully poor, especially in the area of English literacy. Deaf students no longer are restricted to this one college — for decades, deaf students have thrived at programs located elsewhere around the country.

Upon Jordan’s retirement a few years back, the Gallaudet Board of Trustees, having very little accountability to the taxpayers funding the school, deemed Jordan worthy of the highest federal retirement package in the nation — $375,900, per year.

Media requests for comments from Dr. Jordan were ignored.

Those within the deaf community say talking about the retirement pay issue amounts to “bickering.” Some Gallaudet faculty members have made inane arguments like ‘NBA players get paid more’  to stop debates — completely forgetting that taxpayers  pay Jordan’s retirement and their own salaries. This suggests many live in a bubble of EXPECTATION of federal support — not the demonstrating of DESERVING  federal support.

This expectation has manifested itself elsewhere — including the defrauding of the federal government by video relay services — many, if not most of the 26+ and counting indicted people have ties to Gallaudet. Indeed, many of the ringleaders have ties to one particular fraternity on the D.C. campus.

There is a juicy story here worthy of investigation by the Washington Post.

Back to Jordan. Excessive, irresponsible and maddening as some say? I have to agree. Dr. Jordan, do the right thing – cut your retirement benefit to $150,000 a year and return the rest to the U.S Treasury and become a man of great respect!

http://www.bloomberg.com/news/2012-01-19/congress-s-six-figure-benefits-add-to-674-billion-u-s-pension-shortfall.html

http://www.govexec.com/dailyfed/0112/011912al1.htm

This guy, I King Jordan, a retired president of a small taxpayer-funded college for the deaf, is the highest paid federal retiree (photo: sourds.net)

Most recent video relay fraud case: http://lexiecannes.wordpress.com/2011/12/20/two-people-indicted-in-another-vrs-video-relay-service-for-deaf-people-federal-fraud-case/

Additional information on video relay fraud: http://lexiecannes.wordpress.com/2011/12/29/fraudulent-deaf-video-relay-providers-viable-bonheyo-bonheyo-a-quick-look-back-when-the-story-first-broke/

John Yeh jail sentencing: http://lexiecannes.wordpress.com/2011/11/30/deaf-patron-of-the-arts-and-esteemed-community-leader-sentenced-to-nearly-a-decade-in-jail/

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Filed under: Disabilities, Hearing Impaired, Deaf, ASL, American Sign Language, Deaf Education, , , , , , , , , , , , , , , , , ,

[UPDATED] Fraudulent deaf video relay providers Viable, Bonheyo & Bonheyo — a quick look back when the story first broke

Now convicted of fraud, these Viable executives caused chaos for the deaf business community.

THE GUERRILLA ANGEL REPORT — [UPDATED Jan 27, 2012 -- Both Bonheyos arraigned in federal court -- see below.] With the Viable executives headed to jail and the Bonheyo & Bonheyo executives now indicted, I reviewed a number of  deaf issues/news websites to get a gist of what was happening when the VRS  (video relay service) scandal broke.  Some of the anonymous sites were pretty nasty towards Viable executives John Yeh and Anthony Mowl — mostly containing mostly hearsay that I cannot confirm (I shall not link to them). But common to a number of them read something like this:

(from the CBS News comments section) “by [deleted] December 1, 2009 9:20 AM EST: What about Bonheyo and Bonheyo LLC (Bridget and Jerry Bonheyo)and [deleted]? They hired employees to make illegtitmate calls. FCC should do an investitgation on them!”

It appears that fraud among VRS was common knowledge even back then. Other video relay service providers were named as well. Whether or not any other VRS providers will be indicted by the Justice department is anyone’s guess. But it would be no surprise that the Justice department is working from clues served up on a plate at these websites.

Then there were some like this one (also from the CBS News website):

“by mary moylan November 19, 2009 11:05 PM EST I am a certified (CI, CT and SC:L written) sign language interpreter. I worked for Viable Communications at the Ellicott City location. I was trained as a video relay interpreter by a different company who taught us FCC rules. Although I repeatedly told my manager that the calls were NOT legit, she said John Yeh (the president of Viable) told us to “go ahead and interpret.” I refused. I was illegally videotaped by Viable hanging up on “phony” calls. Although I have been an interpreter for 22 years, I have been banned as a “bad” interpreter (by the deaf community as well as interpreting agencies) for suing Viable because I am still owed 2 paychecks by the company. My lawsuit was thrown out of court because John Yeh has multiple shell companies and I am unable to pierce the corporate veil. By his criminal activity, he has destroyed countless interpreters’ lives. No one seems to care about how we, the interpreters, have been negatively affected.”

I did a background check and confirmed that Ms. Moylan is indeed an interpreter and former Viable employee. And she did attempt to recover money through the courts. Also, her case is discussed on some interpreter websites. I do not know what ultimately happened to Ms. Moyland, whether or not she ever received her pay or even if she is still a sign language interpreter.

In the two years since the first indictment, the reputation of deaf businesses took a severe hit. The final tally of the damage to the community caused by widespread personal greed won’t be totaled up for years. The number of people indicted for VRS fraud runs into the dozens. Whitewashing and excusing criminal behavior is not the path toward rebuilding — sadly, this is exactly what some are doing. Hopefully, old values are toss aside to rid the community of those who believe taxpayer money is theirs for the taking, stolen or not.

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UPDATE-1: Jan 27, 2012 — Both Bridget and Jerome Bonheyo were arraigned the Trenton, New Jersey federal district court.  Both pleaded not guilty. Trial is scheduled for March 2, 2012.

There is not much additional information at this, however, my hunch is that if a plea bargain isn’t reached with the parties shortly, we’ll see a continuance of the trial until some time later this year because we’re looking at only 5 weeks between the arraignment and trial date. I’ll keep you posted.

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My most recent post on this topic: http://lexiecannes.wordpress.com/2011/12/20/two-people-indicted-in-another-vrs-video-relay-service-for-deaf-people-federal-fraud-case/

Two years ago from CBS News: “In a widespread scheme one assistant Attorney General described as “outrageous and insidious,” 26 people from seven companies in eight states were indicted Thursday for stealing more than $50 million from a government fund . . . “: Feds Crack Down on Call Center Scheme – CBS News.

From the U. S. Dept of Justice Nov, 19, 2009: “Twenty-six Charged in Nationwide Scheme to Defraud the FCC’s Video Relay Service Program. Arrests Made in Nine States”: http://www.justice.gov/opa/pr/2009/November/09-crm-1258.html

More reader comments from CBS News: http://www.cbsnews.com/8601-500690_162-5713910-2.html?assetTypeId=30&blogId=&tag=contentBody;commentWrapper#ixzz1hu6aQiaw

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Filed under: Disabilities, Hearing Impaired, Deaf, ASL, American Sign Language, Deaf Education, , , , , , , , , , ,

Lexie Cannes (Courtney O'Donnell) writes The Guerrilla Angel Report!

Lexie Cannes (aka Courtney O'Donnell) writes mostly about transgender issues. She is also a character in the trans-themed feature film LEXIE CANNES. Thanks for reading.

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Lexie Cannes is the stage name of a transwoman activist who is an actress and film maker as well as one of the country’s leading bloggers on transgender topics. “The Guerrilla Angel Report” is an unrelenting source of transgender news from around the country and around the world and Lexie is followed by thousands of people inside and outside of the trans community. . . . She is an exceptional journalist and her blog is a definitive look at the state of the transgender community today. --- Renee James. transwoman and author

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