To quote Larry Kudlow: Free market capitalism is the best path to prosperity! Freedom of thought and free markets have led to the greatest advances in living standards in human history. Matters of business and free enterprise are discussed on this blog. Included are company press releases, 3rd party news articles and videos, articles and videos pertaining to small business, and white collar crime.
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Springfield Sex Offender Sentenced for Child Pornography
Press Release
Springfield Sex Offender Sentenced for Child Pornography
Friday, November 22, 2024
SPRINGFIELD, Mo. – A Springfield, Mo., man who is a registered sex offender was sentenced in federal court today for receiving child pornography.
Marvin E. Smith, 44, was sentenced by U.S. District Judge Roseann A. Ketchmark to 16 years in federal prison without parole. The court also sentenced Smith to spend the rest of his life on supervised release following incarceration.
On March 5, 2024, Smith pleaded guilty to one count of receiving child pornography.
Smith’s state parole officer discovered images of child pornography on his cell flip phone on Feb. 8, 2023. The next day, the manager of the halfway house where Smith resided discovered a microSD card that had been taped to the back of Smith’s television. Investigators found additional files of child pornography on the microSD card, including infants and prepubescent girls being sexually assaulted and children engaged in bestiality and bound. In total, investigators found more than 6,400 files of child pornography.
Smith has prior felony convictions for possessing child pornography and residing within 1,000 feet of a school. Smith had been released from state prison eight months earlier and was on parole at the time he committed the federal offense in this case.
This case was prosecuted by Assistant U.S. Attorney Stephanie L. Wan. It was investigated by the FBI, the Southwest Missouri Cyber Crimes Task Force, and the Springfield, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
KC Man Indicted for Computer Hacking
Press Release
KC Man Indicted for Computer Hacking
Friday, November 22, 2024
KANSAS CITY, Mo. – A Kansas City, Mo., man has been indicted by a federal grand jury for hacking into the computer systems at an area nonprofit and a health club business.
Nicholas Michael Kloster, 31, was charged in a two-count indictment returned under seal by a federal grand jury in Kansas City, Mo., on Tuesday, Nov. 19. That indictment was unsealed and made public today following Kloster’s arrest and initial court appearance.
The federal indictment charges Kloster with one count of accessing a protected computer without authorization and obtaining information.
Kloster allegedly entered the premises of a business, identified in court documents as Company Victim 2, which operates multiple health clubs in Kansas and Missouri, shortly before midnight on April 26, 2024. The following day, Kloster sent an email to one of the owners of Company Victim 2, claiming that he had gained access to the computer system. Kloster also claimed to have “assisted over 30 small to medium-sized industrial businesses in the Kansas City, Missouri area” and attached a copy of his resume.
Following Kloster’s intrusion, the indictment says, employees with Company Victim 2 noted that Kloster’s monthly gym membership fee was reduced to $1, that his photograph was erased from the gym’s network, and determined that Kloster stole a gym staff nametag. A few weeks later, Kloster posted an image to a social media profile which appeared to be a screen capture of his desktop showing control of the security cameras for Company Victim 2, with a chatbox window with the message “how to get a company to use your security service.”
The federal indictment also charges Kloster with one count of causing reckless damage to a protected computer during unauthorized access.
Kloster allegedly entered the premises of a nonprofit corporation, identified in court documents as Company Victim 3, on May 20, 2024. Kloster entered an area that is not available to the public and accessed a computer with access to the company’s network. Kloster utilized a boot disk, the indictment says, which enabled him to access Company Victim 3’s computer through multiple user accounts. By accessing Company Victim 3’s computer in such a manner, the indictment says, the use of this boot disk enabled Kloster to circumvent the password requirements on Company Victim 3’s computer and change the password assigned to one or more of the users of Company Victim 3’s computer. Kloster was able to install a virtual private network on this computer. Since Kloster’s intrusion into its computer and its network, Company Victim 3 has sustained losses in excess of $5,000 in an attempt to remediate the effects from this intrusion.
In addition to these two victims, the indictment refers to a third victim, identified in court documents as Company Victim 1. According to the indictment, Kloster was employed by Company Victim 1 in March and April 2024. Kloster allegedly used a company credit card to make numerous personal purchases, including a thumb drive that was advertised as a means to hack into vulnerable computers.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorneys Patrick Daly and Nicholas Heberle. It was investigated by the FBI and the Kansas City, Mo., Police Department.
Co-founder of Medical Charity in St. Joseph Sentenced for $8 Million Fraud Scheme
Press Release
Co-founder of Medical Charity in St. Joseph Sentenced for $8 Million Fraud Scheme
Friday, November 22, 2024
KANSAS CITY, Mo. – A co-founder of a so-called Christian health care sharing ministry in St. Joseph, Mo., has been sentenced in federal court for his role in an $8 million wire fraud conspiracy that cheated hundreds of members, and for making false statements on a personal tax return.
James L. McGinnis, 78, of St. Joseph, was sentenced by U.S. District Judge Greg Kays on Thursday, Nov. 21, to 12 years in federal prison without parole. The court also ordered McGinnis to pay restitution of $7,758,908 to the victims, $143,141 to the Internal Revenue Service, and $10,787 to the Missouri Department of Revenue. The Court also ordered McGinnis to forfeit to the government a 2021 Ford F-250 truck.
On April 2, 2024, McGinnis pleaded guilty to one count of conspiracy to commit wire fraud and one count of making false statements on a tax return.
McGinnis co-founded Medical Cost Sharing, a tax-exempt organization, and served as its chief operating officer from 2014 through December 2022.
Another co-founder, Craig Anthony Reynolds, 62, of St. Joseph, has pleaded guilty and been sentenced on the same charges. Reynolds incorporated and ran Medical Cost Sharing as its president and chief executive officer from 2014 through December 2022.
McGinnis and Reynolds each admitted that he and his co-conspirators used false and fraudulent promises to market Medical Cost Sharing as a “Health Care Sharing Ministry” to defraud hundreds of “ministry members.” They collected more than $8 million in member “contributions,” yet paid only 3.1 percent in health care claims so that they could personally profit and take most of the members’ contributions for themselves.
McGinnis and Reynolds pocketed at least $5,168,268 from the member contributions from December 2015 through December 2022. Thus, McGinnis and Reynolds took at least 64 percent of total member contributions for their personal profit.
McGinnis and Reynolds marketed Medical Cost Sharing as a “Christian Health Care Sharing Ministry” through insurance brokers, radio stations, social media, and its website. Medical Cost Sharing sales materials promoted its 501(c)(3) tax-exempt designation, advertising that it was different from for profit health insurance. The Medical Cost Sharing website claimed, “while we are not an insurance company, many think of us as a Christian Health Insurance, or Christian Medical Insurance because, like conventional insurance plans, we help you pay your healthcare costs. We help you protect your family. But unlike these corporate, profit based plans, we are a healthcare sharing ministry … your healthcare costs are shared with other Christians enrolled in our medical sharing plans.”
Medical Cost Sharing promised its member that if they paid monthly “contributions,” Medical Cost Sharing would pay claims after the members’ “personal responsibility” (deductible) was met.
In reality, McGinnis and Reynolds admitted, Medical Cost Sharing rarely paid members’ health care claims. Sometimes Medical Cost Sharing would pay a part of a claim if the member filed a complaint with their state attorney general and/or hired an attorney to represent them against Medical Cost Sharing.
Medical Cost Sharing paid no claims at all for nearly two years from Feb. 22, 2021, through December 2022, although it collected a total of nearly $1.2 million in dues in 2021 and 2022.
On Dec. 13, 2022, federal agents served search warrants on the Medical Cost Sharing business location and the residences of McGinnis and Reynolds and seized property generated from Medical Cost Sharing proceeds. Medical Cost Sharing continued to try to collect membership dues after the search and seizure warrants. On Dec. 27, 2022, the court entered a temporary restraining order that prohibited Medical Cost Sharing, McGinnis, and Reynolds, from continuing to perpetrate a fraudulent scheme and from processing Medical Cost Sharing member payments, among other actions.
In addition to the wire fraud conspiracy, McGinnis also admitted that he filed a federal income tax return that claimed he had no taxable income in 2019. McGinnis actually received at least $140,881 in taxable income in 2019.
Reynolds was sentenced, in a separate but related case, on June 26, 2024, to 17 years and six months in federal prison without parole. The court also ordered Reynolds to pay $7,758,908 in restitution to the victims, $253,474 in restitution to the Internal Revenue Service, and $46,550 in restitution to the Missouri Department of Revenue. The court also ordered Reynolds to forfeit to the government $462,771, which includes proceeds from the sale of a St. Joseph residence, cash representing his interest in another St. Joseph residence, the values of a Lincoln Navigator, and a Harley-Davidson motorcycle which will all be sold, and the contents of several bank accounts.
This case was prosecuted by Assistant U.S. Attorneys Kathleen D. Mahoney, Patrick Daly, and John Constance. It was investigated by the FBI and IRS-Criminal Investigation.
FBI Website for Victims of Medical Cost Sharing Fraud
Those who believe they are victims of this fraud and wish to receive restitution for any losses suffered as a result may provide their information through the MCS Victim Information Page that has been established by the FBI.