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Cuccia and Collins Indictment Cr 12-00259

Cuccia and Collins Indictment Cr 12-00259

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Published by SharonWaxman
United States of America vs Cuccia and Collins
United States of America vs Cuccia and Collins

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Published by: SharonWaxman on Mar 24, 2012
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03/24/2012

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FIL
1
2
22
PH2:16
3
4
56
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
19The
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
tomaterialmatters,
and
to
16
obtain
money
and
property
from
Lions Gate
by
means
of
material
17
false
and
fraudulentpretenses,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
withdefendant
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
partyfactor,
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
thetransmission,
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
/ / /
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